Wednesday, April 30, 2025
Wednesday, April 30, 2025
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Bill Related to Parental Notification for Abortions Approved in Senate Health

The Senate Health and Human Resources Committee has approved a bill that would modify the law requiring parental notification of abortions performed on unemancipated minors.

The bill, HB 2002 would more specifically provide a judicial waiver process for bypassing parental notification.

Margaret Chapman Pomponio of WV Free said four women used a physician waiver in 2015. She added that the number of waivers is always low, since this state has one of the highest parental involvement rates in abortions.

Over 30 states require parental involvement in some form.

Senator Patricia Rucker, R-Jefferson, made a strike-and-insert amendment to make several adjustments to the bill to remove maturity evaluation provisions, restore the original notification requirement of within 48 hours from the proposed 24 hours, change the definition of “unempancipated minor,” among other modifications.

The bill will be referenced to Senate Judiciary once reported.

Modified Hunting License Training Bill Approved in Senate Natural Resources

The Senate Natural Resources Committee has approved two House bills and one House concurrent resolution to be reported to the floor with the recommendation that they pass.

HB 2708 would allow persons with developmental disabilities to receive a base hunting license and to satisfy the training requirements through a modified training course.

This bill also authorizes person with developmental disabilities to lawfully hunt while accompanied and directly supervised by another hunter, and makes criminal penalties for violating those provisions.

The provisions of Senate Bills 325, 474 and 380 were incorporated into the bill.

DNR Law Enforcement Chief Jerry Jenkins said there could be some fiscal cost involved, but he had no objections to the bill itself.

Natural Resources Chair Mark Maynard, R-Wayne, will consult with the Judiciary Chair to request that the bill’s second reference to the Senate Judiciary Committee be waived.

HB 3020 would provide that the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands, or destroying posted land signs shall be equivalent to the penalty for criminal trespass.

The provisions of Senate Bills 471, 472 and 536 were incorporated into the bill.

Gary Foster, assistant chief of game management for the DNR, was available to answer questions from members of the committee related to the inclusion of SB 536‘s provisions for guided bear hunts and how those hunts could affect elk populations.

HCR 15 would request Congress to fully support the National Park Service’s recommendations to extend the Lewis and Clark National Historic Trail to include additional sites along the Expedition’s Eastern Legacy.

The committee also passed four originating resolutions from the committee to be adopted by the Senate.

The first Originating Resolution would relate to the Great Eastern Trail.

The second Originating Resolution would relate to the establishment of a non-employee workforce to improve state parks and forests.

The third Originating Resolution would request a study of the economic impact of bicycle and pedestrian activity programs.

Senator Robert Beach, D-Monongalia, made an amendment to include the term “recreation commission” into the language of the resolution.

The fourth Originating Resolution would relate to converting idle railway property into Rails to Trails bike trails.

The Senate will resume their session at 6:30 p.m., where the bills and resolutions will be reported.

Senate Passes Budget Bill SB 199

The Senate reconvened to pass bills on third reading.

Senate Bill 199 is the Budget Bill.

Senator Hall (R-Putnam) explained some things about the bill. The Governor is allowed to come back and recommend to change it. The legislature is not allowed to build a budget with a deficit. The legislature cannot also raise revenue without consent of the Governor. The bill won’t be acted upon until both houses agree. The Governor raised the liquor tax, school funding changes, and retirement funding changes have all helped get the budget down. Higher Education was cut fifteen percent across the board in the bill and DHHR was also cut. The Promise scholarship, senior services, lunch programs and other important services aren’t cut.

Senator Hall said, “The patient is not quite dead, it is still spending $13,000,000.”

Senator Prezioso (D-Marion) said, “This is not the Senate’s budget, but rather the Senate Majority Leader’s budget. This budget contains $160,000,000 dollars in cuts. Public education with no teacher pay raises, higher education, and 3.68 percent cut from DHHR which is money that is matched with federal dollars. Reductions of the magnitude will hurt this state in the future.”

Senator Hall said, “These are not things that I want to see happen. But we are under the rule of the numbers. You can ask me about any myriad of cuts that we’ve described and I don’t agree with them of all. This is not the final destination and it is not a pretty picture, it is just the numbers.”

Senator Ojeda (D-Logan) said, “We either raise taxes or cut programs, I got that. But when I see this budget, I can’t support it.”

Senator Trump (R-Morgan) said, “Are we to believe that three percent cut will make the sky fall? I get that there is an advocate for every dollar spent in this budget. But we have to live within our means. This bill doesn’t take a dollar from the rainy day from. We aren’t kicking the can down the road.”

Senator Miller (D-Greenbrier) said, “We do need to live within our means. But even today we fail to do that. We are just passing legislation that will bring costs up. When we are blindly making decisions that will affect the future, then we are making a big mistake on the budget.”

Senator Blair (R-Berkeley) said, “I like this budget. We are trying to get the budget done earlier this year than other years. We aren’t following tradition these days. To heck with tradition, we are here to get the job done. We are trying to make West Virginia the most successful state it can be and to live up to its potential. This budget will take us there!”

Senator Palumbo (D-Kanawha) said, “To suggest this budget doesn’t put more burden on our people is a joke.”

Senator Carmichael (R-Jackson) said, “Certainly we could raise more taxes or dip into the rainy day fund, but that is not the right path. We haven’t done things like this in the past. You’re right, we are trying to do things in a different way. What we have done in the past has not worked. The true measure of compassion is not whether we spend more in government but rather if we help people off the welfare and to grow and find success on the economic ladder.”

The bill passed with a vote of 20 yeas and 14 nays.

House Bill 2006 would increase the penalties for violating the Whistle-blower Law. The bill was passed.

House Bill 2083 would increase the felony criminal penalties for exposing children to methamphetamine manufacturing. If a child would suffer a bodily injury in the presence of the manufacturing, then the felony would be punished more. The bill was passed.

House Bill 2119 would repeal the West Virginia Health Benefit Exchange Act. The bill was passed.

House Bill 2219 would authorize miscellaneous boards and agencies to promulgate legislative rules. The bill was passed.

House Bill 2303 would increase the criminal penalty for littering. $2,500 would be the maximum fine for dumping litter not exceeding 100 pounds in weight.

Senator Ojeda (D-Logan) said, “I rise in support of this bill. This bill will help tourism. People don’t want to kayak in our rivers and creeks if they have to dodge tires and garbage. This bill is a good bill that will make West Virginia even more beautiful.”

The bill was passed.

House Bill 2319 relates to candidates or candidate committees for legislative office disclose contributions in a receipt within five business days after a fundraising event. The bill was passed.

House Bill 2367 would establish a criminal offense of organized retail crime. The bill was passed.

House Bill 2373 would authorize school bus drivers trained in administration of epinephrine auto injectors to administer auto-injectors. The bill was passed.

House Bill 2427 would require agencies listed in the online state phone directory to update certain employee information. The bill was passed.

House Bill 2446 relates to the requirement that all executive branch agencies maintain a website that contains specific information. The bill was passed.

House Bill 2453 would expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp. The bill was passed.

House Bill 2475 would authorize the Tax Commissioner to collect tax, interest and penalties due and owing from payments to vendors and contractors from the Auditor and other state, county, district or municipal officers and agents. The bill was passed.

House Bill 2548 relates to the use of outside speakers by persons licensed to manufacture, sell, possess for sale, transport or distribute nonintoxicating beer. The bill was passed.

House Bill 2619 would create the Risk Management and Own Risk Solvency Assessment Act. There was a strike and insert amendment. The bill was passed.

House Bill 2676 would transfer the Security office under the Division of Culture and History to the Division of Protective Services. The bill was passed.

House Bill 2683 relates to the West Virginia Insurance Guaranty Association Act. The bill was passed.

House Bill 2726 would authorize home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without court order. The bill was passed.

House Bill 2734 would authorize a method for the collection and remittance of property taxes related to dealers’ heavy equipment inventory. The bill was passed.

House Bill 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks. The bill was passed.

House Bill 2898 would authorize the Joint Committee on Government and Finance to request and obtain criminal background checks of employees of the legislature. The bill was passed.

House Bill 2939 relates to the sale of items in the State Police Academy post exchange to the public. This would let certain items be sold such as T shirts and ball caps.  Senator Unger (D-Berkeley) asked if the bill would help the budget cut to the police and if bake sales and yard ales were included in the bill too. Senator Smith (R-Tucker) yielded to the question and said it may help and no it does not. The bill was passed.

House Bill 2949 would exempt specified Division of Natural Resources’ contracts for some replacement, repair or design for repairs to facilities from review and approval requirements. The bill was passed.

House Bill 2963 would eliminate the tax lien waiver requirement for estates of nonresidents. The bill was passed.

House Bill 2980 relates to civil lawsuit filing fees for multiple defendant civil action. The bill was passed.

The Senate then refused to concur to the House amendment to SB 221.

Senate Bill 386 was reported back to the Senate and the Senate amended the House amendments. The amendments were technical in nature. The bill was passed as the Senate concurred with the amendment as amended.

Senate Bill 588 was concurred with the House amendments and passed.

The following committees meet:

Natural Resources at 5 p.m. in 208W.

Transportation and Infrastructure at the fist recess of tomorrow’s floor session.

 

 

The Senate is in recess until 6:30 p.m. 

Bill to Eliminate Tax Exemptions Passes in House

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The Rules Committee moved SB 239 and SB 412 to the House Calendar from the Special Calendar.

SB 4 would allow certain licensed professionals to donate their time to the care of the indigent and the needy and to allow them to gain credit for their time against continuing education requirements needed to maintain their license. The bill passed the House 100-0

SB 300, SB 301, and SB 305 are supplemental appropriation.

SB 337 would allow the Division of Corrections to hire a person as a Correctional Officer no matter their placement on the correctional officer register. The bill passed the House 100-0

SB 484 would eliminate the exemption from sales tax for certain sales of materials acquired for use in state highway projects.

Delegate Eric Householder (R-Berkeley) said we’ve been studying this for a couple years not. He said it would tax cell phones, just like 42 other states. He said this bill is broadening the sales tax base and lower the rates. He said this is a plan to save our taxpayers. He said the bill is a well laid out and deliberate means. He believes it will put us back to the path of prosperity.

Delegate Isaac Sponaugle (D-Pendleton) said “This is a tax bill and going to raise $140 million. I guarantee if you do this and go home, you’re going to lose all creditability.”

Delegate Tony Lewis (R-Preston) said, “When I ran I told people, we might have to raise some taxes and do somethings to get out of this hole.” He said this a fair deal.

Majority Leader Daryl Cowles (R-Morgan) said, “It’s tax relief for the people.”

Delegate Larry Rowe (D-Kanawha) said he doesn’t understand why we are just taxing the people, not the businesses. He said, you can call it a tax rate decrease but not a tax break.

Minority Leader Tim Miley (D-Harrison) said he thinks why his side of the isle is confused is because the majority get elected running on not wanting to raise taxes and wanting to live within the state’s means. He said he believes in choice taxes on things that could harm West Virginia, such as cigarette taxes, alcohol tax, and the soda tax. He said these are taxes to help reduce the healthcare cost in the future. He said he doesn’t see anything in the bill that helps the State.

The bill passed the House 72-48.

SB 493 would increase the pay for conservation officers.

The House is in recess until 3:30 p.m.

Update:

The House reconvened at 4:30 p.m. to discuss HB 2018 (the Budget Bill) and finish the agenda.

HB 2018 was amended by Speaker Tim Armstead (R-Kanawha) and Finance Chairman Eric Nelson (R-Kanawha). The amendment took $1 million from the House funds and $1 million from the Senate funds to give to the volunteer fire department funds. The amendment was adopted.

Nelson explained the bill. He said it’s a budget of $4.24 billion general revenue to spend; $105 million less than the Governor’s plan. It continues with the two percent mid-year cuts Toblin had offered in the previous budget. He said our state is lacking economic diversity. He said the largest source of revenue is personal income tax and the second largest source is sales tax. He said it’s a balanced budget and reduces spending from last year by $60 million. He said there’s a little hurt for everyone. There were difficult decisions that had to be made, he said.

Many delegates opposed the budget bill due to higher education cuts and other issues. Delegate Andrew Byrd (D-Kanawha) wanted to send the bill back to finance committee to address the constitutionality of the bill. The motion failed 36-63.

Delegate Rodney Miller (D-Boone) said he feels the bill hits different parts of the state disproportionately. He said, “We can’t cut our way out of this. We can’t tax our way out of this.” He said we’ve got to meet somewhere in the middle.  

The bill passed the House 58-42 and now will go to the Senate for more consideration.

The House is in recess for 15 minutes.

Update:

The House reconvened to amend bills on second reading and hear first reading. 

SB 76, SB 288, SB 220, and SB 694 were read a first time.

Committee Meetings Tomorrow

Rules: 8:45 a.m. behind the Chamber

The House is adjourned until 9 a.m. tomorrow. 

Senate Concurs with 10 House Amendments in Morning Floor Session

The Senate met today and passed 10 House amended Senate bills.

Upon commencement, the Senate concurred and passed the House amendments to SB 28, SB 186, SB 280, SB 321, SB 344, SB 358, SB 362, SB 398, SB 564 and SB 581.

The Senate then received committee reports.

Senate Concurrent Resolution 60 designating 2017 as Robert C. Byrd Centennial Legacy Year was adopted with a vote of 33 yeas and 1 nay.

Senate Resolution 68 was adopted designating April 5, 2017, as Nurses Unity Day.

Senate Resolution 69 was adopted congratulating Mingo Central Miners high school football team for winning the 2016 Class AA football championship.

Senate Resolution 70 was adopted designating April as Autism Awareness Month.

 

The Senate is in recess until 1 p.m.

Senate Government Organization Reports House Bill 3093 Back to the Floor

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The Senate Committee on Government Organization be this morning to discuss one bill.

House Bill 3093 would establish Broadband Enhancement and Expansion Policies. The bill was voted to be reconsidered by the committee as there was no abstract attached to the bill at the time of the first vote due to a strike and insert amendment. The bill would allow Internet Service Providers to create co-ops to extend their broadband to rural areas. The co-ops would use their own money to upgrade the services. There were representatives from the telecommunications industry to explain the bill’s relation to the owners of power poles, the upgrading process, and the way lines are put on the poles by different companies.

Senator Boso (R-Nicholas) found in questioning that as long as there was space on the pose there is no reason that the service shouldn’t be provided.

Council informed the committee of the changes in the current bill from the previous version of it.

The strike and insert amendment was adopted.

The bill was reported to the Senate floor with the recommendation that it pass as amended.

Study Resolutions Move from House Education

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House Education met today and discussed study resolutions, which will be set to the floor for adoption.

HCR Originating is a study resolution to determine operating expenses for the education system.

HCR 31 is a study resolution based off of a bill introduced by Delegate Ron Walters (R-Kanawha) this session. The resolution would study the effects of reducing the number of county boards of educations to a smaller number of district boards of education. It would study the most cost efficient way to fund public education to be consistent across all school districts. This study is a way to sort through the issues of this possibility before consideration of an expensive bill.

 

Walter’s bill, HB 3008, was introduced last month and referred to House Education. The drafted bill is 809 pages long. His bill would eliminate the county educational system and would create a 10 district system all about the size of Kanawha. He said this system would allow money to be appropriated more equally to all districts. The bill did not move in Education; however, the study resolution would explore the possibility of making this change. 

Bill to Eliminate RESAs Laid Over in Senate Education

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The Senate Education Committee has laid over a bill requested by Governor Justice that would abolish Regional Education Service Agencies (RESA) and funding by July 1, 2017.

The bill, HB 2711, would also provide authority for county school systems to share services, modify school accreditation and accountability measures, alter school and school system intervention procedures and requirements and reduce statewide student assessment requirements. 

Committee counsel said the purpose of the bill is to reduce state bureaucracy and restore local control through increased flexibility in regulations for county school systems.

The original 2 percent pay raise for teachers has since been removed from the bill by the House.

Senator Robert Karnes, R-Upshur, moved to amend the committee’s technical strike-and-insert amendment by adding a provision that would require the Legislature to approve of decisions made by the State Board of Education.

Karnes said the amendment would help to slow down the process of studying standards imposed on public education in the state.

Senator Mike Romano, D-Harrison, said he was concerned that doing so would deteriorate progress in the school system further, as well as force the Legislature to go into a Special Session each year while considering and debating each standard suggested by the Board.

State Superintendent of Schools Dr. Steven Paine said the amendment would conflict with the State Board of Education’s constitution.

Heather Hutchens, general counsel for the WV Dept. of Education, and Clayton Burch, a chief officer for the WV Dept. of Education, both said they agreed with Dr. Paine’s concerns.

Education Chair Kenny Mann, R-Monroe, called for a recess for the Republican party of the committee to caucus in the back of the room. Upon reentry, Mann made a motion to pull the bill from the agenda and adjourned the meeting.

Bill to Improve Substance Abuse Treatment Approved in Senate Health

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The Senate Health and Human Resources Committee has approved six bills to be reported to the full Senate with the recommendation that they pass.

HB 3102 would permit the Secretary of DHHR to sell Hopemont Hospital and its assets.

Committee counsel made a strike-and-insert amendment to correct technical issues in the bill.

The bill will be referred to Senate Finance once reported to the floor.

HB 2366 would require the selling of Jackie Withrow Hospital by the Secretary of the Department of Health and Human Resources.

Committee counsel made a strike-and-insert amendment to correct technical issues in the bill.

The bill will be referred to Senate Finance once reported to the floor.

HB 2520 would prohibit the use of a tanning device by a person under the age of 18.

Lead sponsor of the bill Delegate Amy Summers, R-Taylor, voiced her support for the bill’s passage to the committee and shared different statistics about tanning that motivated her to take the lead on the bill.

Summers said many other countries and states have already adopted similar legislation.

A representative from the American Cancer Society discussed the society’s support for the bill and answered questions from members of the committee related to scientific studies that prove that tanning beds are more harmful than the sun.

Conrad Lewis spoke against the bill on behalf of the American Suntanning Association and said it could harm small businesses and put many citizens out of jobs.

Lewis said the association is, however, supportive of parental consent and health risk education, and is concerned that many of their customers would resort to tanning at home unsupervised by tanning professionals, causing more health damages.

“This isn’t a solution,” said Lewis. “This will just increase risk.”

Senator Ron Stollings, D-Boone, shared his opposition for the bill and spoke from his personal experiences as a doctor who has dealt with skin cancers and as a person who lost an uncle to melanoma. 

HB 2428 would establish additional substance abuse treatment facilities.

DHHR Secretary Bill Crouch was available to answer questions from members of the committee and said he was concerned with how well facilities would be able to adapt to the bill’s requirement for more beds in treatment facilities by the deadline of July 1, 2018.

J.B. Akers, member of a local nonprofit drug treatment facility board in Kanawha County, was available to answer questions from members of the committee.

Senator Ryan Weld, R-Boone, first amended the bill to allow the DHHR secretary to have rule-making authority with the provisions of the bill, including the ability to adjust the deadline date. Weld also included some technical corrections in this amendment.

Senator Corey Palumbo, D-Kanawha, amended the amendment to clarify that the bill would apply only to existing facilities.

Weld made an additional amendment to create a special revenue account to help fund the bill’s provisions outside of state appropriations.

The bill will be referred to Senate Finance once reported to the floor.

HB 2745 would add provisions for the testing of applicants for the position of Advanced Care Technician for those municipalities which provide an advance life support ambulance service.

HB 2846 would include high school students participating in a competency-base pharmacy technician education and training program, as persons qualifying to be a pharmacy technician trainee.

The committee also laid over HB 2376, which would reorganize the structure of several state health organizations.

Crouch said the DHHR opposes the bill’s passage and does not see how it is feasible for continuing certain administrative functions. 

“This is a terrible bill,” Crouch said. “We truly don’t know how to do this.”

Health Chair Tom Takubo, R-Kanawha, moved to postpone the bill indefinitely. The motion failed, since some senators wished to give the sponsors of the bill a chance to defend their intentions for the bill.

The bill will be referred to Senate Government Organization once reported to the floor.

Senate Completes Legislation on Resolutions for Memorial Bridges

The Senate has completed legislation on nine concurrent resolutions related to naming certain bridges.

HCR 13 would name a bridge in Roane County the U.S. Army SSG Brian Curtis Rogers Bridge.

HCR 20 would name a bridge in Logan County the US Army PVT James Earl Pelfrey Memorial Bridge.

HCR 22 would name a bridge in Logan County the U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge.

HCR 36 would name a bridge in Cabell County the U.S. Army PFC John Ira Pinkerman Memorial Bridge.

HCR 49 would name a bridge in Logan County the U.S. Army PFC Donald Ray Cochran Memorial Bridge.

HCR 51 would name a bridge in Logan County the Toby” Runyon Memorial Bridge.

HCR 54 would name a bridge in Randolph County the U.S. Army PVT Preston D. Vanscoy Memorial Bridge.

HCR 60 would name a bridge in Marion County the William “Bill” R. VanGilder Memorial Bridge.

HCR 82 would name a bridge in Monongalia County the U.S. Marine Sergeant David Paul McCord Memorial Bridge.

Senate Concurrent Resolutions 33, 42 and 49 and House Concurrent Resolutions 8, 10, 24 and 27, were also passed by the Senate for further consideration from the House.

All concurrent resolutions were previously approved in the Senate Transportation and Infrastructure Committee’s meeting this morning.

Committee Meetings Today

Health and Human Resources: 7 p.m. in 451M

Committee Meetings Tomorrow

Government Organization: 9 a.m. in 451M

Education: 9 a.m. in 208W

Military: 10 a.m. in 208W

Judiciary: 2 p.m. in 208W

Finance: 2 p.m. in 451M

The Senate is adjourned until 11 a.m. tomorrow.