Thursday, May 1, 2025
Thursday, May 1, 2025
Home Blog Page 186

Senate Bill 360 is Reported out of House Education

0

The House Committee on Education reported some bills out of the committee to the House Floor.

Senate Bill 40 would require the inclusion of protocols for response to after-school emergencies in school crisis response plans. The bill was reported to the floor of the House with the recommendation that it pass.

Senate Bill 630 would establish the Accessibility and Equity in Public Education Enhancement Act.

Seth McKenzie with K-12 Incorporated said the program could work similarly to Omaha, Nebraska. They opened up the Omaha Virtual School which is a blended model. The district wanted to serve the students that they were losing to the outlying districts. Within a span of about three weeks the school had almost 200 students enrolled in the school. Counties could decide if they needed to have a few face to face meetings or a fully virtual options. About 60 percent of those enrolled at this certain school are homeschooled currently. There is an alignment team that would make sure that the curriculum would be adherent to the testing standards of the state. Those who have satellite internet is where there isn’t a regulatory standard currently and would be a policy question.

Delegate Hornbuckle (D-Cabell), Delegate Moye (D-Raleigh) and Delegate Folk (R-Berkeley) wanted to know how much it cost. Mr. McKenzie said the contract in Nebraska was just over $600,000.

Delegate Dean (R-Mingo) moved to amend the bill to make it so if a student transferred to or from the school they must go by the current transfer rules. The amendment was adopted.

Delegate Moye moved to amend the bill to so that online teachers in a public school classroom would be sure that a certified teacher would be in the classrooms. The amendment was adopted.

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

Senate Bill 401 would allow the county board of education base employment decisions on individual’s qualifications. This would let them turn seniority to the wayside in the hiring process.

Delegate Cooper (R-Summers) said, “This bill’s intent is to give counties the ability to hire how they see fit.”

There were two amendments from the committee. One was a technical amendment and was adopted, the other was rejected.

Delegate Wilson (R-Berkeley) moved to amend the bill so that teachers could access their personnel file in cases of a teacher transfer. The amendment was withdrawn.

Delegate Wilson spoke in support of the bill and Delegate Cooper spoke against it.

The bill was rejected.

Innovation in Education Bill Approved in Senate Education

0

The Senate Education Committee has approved one concurrent resolution and one bill to be reported to the floor with the recommendation that they pass.

HCR 66 would request the Joint Committee on Government and Finance to study the sustainability of the state’s current system of higher education and how the state can better support the public institutions of higher education.

HB 3061 would encourage a limited cohort of no more than 20 schools to implement mastery-based education through the federal “Innovation In Education” program.

The schools with the program would move from the current time-based model toward a mastery-based model of education that allows for more personalized and differentiated learning, creates a focus on explicit, measurable, transferable learning objectives and empowers students to progress to higher levels as they demonstrate mastery with additional focus on those who have not.

Michelle Blatt of the WV Dept. of Education was available to answer questions from members of the committee regarding funding for the program.

The committee also began discussion on HB 2711, which would promote an efficient and effective public education system by reducing state bureaucracy, restoring local control through increased flexibility in regulations for county school systems and providing supports for classroom teachers throughout the state.

The bill more specifically abolishes Regional Education Service Agencies (RESA) and funding by July 1, 2017, eliminates the office of Education Performance Audits and establishes the County Superintendents’ Advisory Council.

Joey Garcia of the Governor’s Office addressed questions related to grant funding.

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

The committee will meet 9 a.m. tomorrow in 451M.

Resolution Urging to Keep Promises Passes House Energy

0

The House Energy Committee met this afternoon to discuss SB 687 and HR 13.

SB 687 would eliminate the Board of Miner Training, Education and Certification, the Mine Inspectors’ Examining Board, and the Mine Safety Technology Task Force, and the transfer of duties from those boards and task force to the Board of Coal Mine Health and Safety. It would provide that moneys be paid from special reclamation water trust fund to assure a reliable source of capital and operating expenses for the treatment of discharges from forfeited sites. It would modify modifies notification requirements for pre-blast surveys for surface mining operations and certain other blasting activities, as well as minimum bond requirements related to certain reclamation work.

HR 13 would urge the United States Congress to keep America’s promise to our retired coal miners and widows and to pass the Miners Protection Act as soon as possible and provide the full measure of benefits these retirees were promised and have earned. The resolution passed unanimously out of the Energy Committee and will be reported to the full floor.

WV Safer Workplaces Act Approved in Senate Judiciary

0

The Senate Judiciary Committee has approved five bills and one originating concurrent resolution to be reported to the full Senate with the recommendation that they pass.

HB 2857 would create the West Virginia Safer Workplaces Act to permit employers to test employees and prospective employees for drugs and alcohol.

Senator Mike Romano, D-Harrison, proposed an amendment that would prohibit the direct observation of a sample collection for drug and/or alcohol testing to protect certain employees from being abused under provisions of the bill. The amendment was rejected, as the majority of senators felt the provision was unnecessary.

“This is a silly bill that has gone too far with no protections for employees’ privacy,” said Romano.

Romano said he would save the rest of his amendments for when the bill is brought to the floor, so that they can be heard and debated in public with the full Senate.

Senator Randy Smith, R-Tucker, said he is drug tested as a miner in front of supervisors all the time and believes the bill is “a good bill” that protects workplaces from the dangers associated with employees who might be under the influence of drugs or alcohol.

HB 2916 would authorize supervising entities to authorize ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 2930 would allow a Powerball winner to be anonymous if they elect to be anonymous.

The bill was vetoed by the governor last year for policy concerns and technical issues.

Danielle Boyd, managing general counsel of the WV Lottery Commission, said the bill “poses several issues” to the commission related to fraud and security, transparency with public monies and other concerns.

Boyd said the commission also takes care of the winners and ensures their protection, and the commission has never had complaints in that regard.

Out of 43 state lotteries, Boyd said only six allow anonymous lottery winners.

Those who supported passage of the bill said they wanted to help protect lottery winners who, despite the Lottery Commission’s protections, are still manipulated or threatened into giving money to friends, family members and even strangers.

Senators who opposed the bill said its passage could harm the reputation of transparency in West Virginia.

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

HB 2850 would limit products liability actions against a seller other than the manufacturer except in limited circumstances and to define terms.

Senator Mike Romano, D-Harrison, proposed an amendment to ensure the seller has some responsibility for possibly harmful situations or designs they “should have” known about. The amendment was rejected.

Romano proposed a second amendment to add language that would give a seller responsibility if a foreign manufacturer does not respond in a lawsuit. The amendment was rejected.

Originating Concurrent Resolution 3 would request the Joint Committee to study the feasibility and benefits of replacing the state’s civil service system. 

The committee is in recess until after the Senate floor session, which begins at 6 p.m. this evening.

Senate Finance Reports HB 2759 Creating the Statewide Interoperable Radio Network

0

The Senate Finance Committee met today to discuss one bill.

HB 2759 would create the Statewide Interoperable Radio Network. It would also create an account for the network. The network would tie every 911 call center, police dispatch center, and other communications together state wide and with other state’s bordering counties. This would let natural disaster relief much easier to do. The program has grown from a few counties to be shown how the infrastructure could be built. It would help when there is no cell service available. Other states are looking at the system in West Virginia due to its efficiency and effectiveness. This will also help with regional jail transportation.

Council had an amendment to make technical changes in the bill. The amendment was adopted.

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

Bills Related to Retired Teachers Approved in Senate Education

0

The Senate Education Committee has approved six bills to be reported to the full Senate with the recommendation that they pass.

HB 2637 would extend the date for expiration of provisions related to the employment of a retired teacher as a substitute beyond the post-retirement limit in areas of critical need and shortage to June 30, 2020.

Committee counsel amended the bill to clarify language related to additional faculty senate involvement.

HB 2651 would require nationally normed standardized achievement tests to be administered to nonpublic students between the ages of seven and 17.

HB 2799 would prohibit a superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit, unless it is required by the prospective employer.

HB 2887 would authorize Boards of Governors of institutions of higher education to develop retirement and incentive packages.

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

HB 3095 would allow retired teachers to be employed by a higher education institution, the Higher Education Policy Commission or the Council for Community and Technical College Education without forfeiting their retirement.

HB 2571 would require the State Department of Education and the Schools for the Deaf and the Blind to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy.

Dr. Jodi Cottrell of the Marshall University College of Health Professions said the bill also needs to include the assessment of Listening and Spoken Language, which she said is a viable English literacy option that is used by many deaf children.

A representative of the DHHR said the department was concerned that there were no data-collection measures in the bill and no provisions for what will be done if a child fails an assessment. 

Antonia Vaughan, a professional educational interpreter for Kanawha County schools, said Listening and Spoken Language provisions are included in language that involves speaking and understanding English. 

Vaughan also said there are provisions in the bill for data collection.

Dr. Rikki Lowe, director of special education for Lincoln County schools, said the bill shows a good collaboration to help improve IEPs and should be passed.

“Parents have a choice, and we need to support this choice,” Lowe said.

Senator Robert Karnes, R-Upshur, requested committee counsel to draft the bill into a concurrent resolution for further study of the bill’s provisions. The committee approved the motion.

The committee is in recess until 5 p.m. this evening.

House Passes WV Medical Cannabis Act Senate Bill 386

0

The House of Delegates met today to pass 25 bills.

Senate Bill 28 would create a new system for certain contiguous counties to establish regional recreation authorities.

Senate Bill 169 would repeal an article providing assistance to Korea and Vietnam veterans exposed to certain chemical defoliants. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 170 would repeal the state hemophilia program. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 171 would repeal programs of All-Inclusive Care for the Elderly. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 180 relates to PSC jurisdiction over certain telephone company and internet services.

Senate Bill 186 would adjust the date when children become eligible for certain school programs and school attendance requirements.

Delegate Espinosa (R-Jefferson) said the bill would be a county by county process.

Delegate Rohrbach (R-Cabell) said the bill would also sync up with schools starting earlier in the year.

Senate Bill 198 would expand Health Sciences Programs to allow certain medical practitioners in underserved areas. The bill would give monetary incentives for students to complete their residency in underserved parts of the state.

Senate Bill 221 relates to the composition of the PEIA Finance Board.

Senate Bill 280 would move the administration of Civil Air Patrol to Adjutant General.

Senate Bill 321 would report requirements of employee information to CPRB.

Senate Bill 344 relates to applications of payments on consumer credit sale and loans.

Senate Bill 350 would allow licensed professional counselors to be issued a temporary permit.

Senate Bill 358 relates generally to trustee sales of timeshare estates.

Senate Bill 364 would incorporate changes to Streamlined Sales and Use Tax Agreement.

Senate Bill 365 would maintain solvency of Unemployment Compensation Fund.

Senate Bill 386 would create the WV Medical Cannabis Act.

Delegate Shott (R-Mercer) said the bill implements protections in pricing, won’t be implemented fully in two years, and provides adequate flexibility for changes.

Delegate Fast (R-Fayette) said, “This bill goes against Federal Law. Are we a nation of laws or of mob rule?”

Delgate Lane (R-Kanawha) said, “I just want to thank the Judiciary Chair for all the work you have done. I don’t think anyone is 100 percent happy with the bill but this is a lot further than we thought we’d get this session. We can’t wait for the Feds while people die. We are here to help people. Let’s hope the federal government follows our lead.”

Delagate Cooper (R-Summers) said, “In a few years we will be trying to put the toothpaste back in the tube or the bullet back in the gun. The best way to stop that is with a no vote on this bill.”

Delegate Pushkin (D-Kanawha) said, “No other states who have completed similar legislation have gone back. Even though I supported a different amendment last night, I wholeheartedly support this bill now. And we aren’t bringing cannabis to West Virginia. It is already here. We are just brinigng some of it out of the shadows.”

Delegate Howell (R-Mineral) said he supported the bill after speaking with his constituents.

Delegate Ambler (R-Greenbrier) said, “This bill is a step towards being more compassionate so I support the bill.”

The bill passed with a vote of 76 yeas and 24 nays.

Senate Bill 392 relates to Municpal Police Officers and Firefighters Retirement Sustem.

Senate Bill 398 would create the Emergency Volunteer Health Practitioners Act.

Senate Bill 495 relates to regulation of events by the State Athletic Commission.

Senate Bill 505 would provide a five-year reclamation period following the completion of well pads for horizontal wells.

Senate Bill 564 relates to the Statewide Independent Livin Council.

Senate Bill 566 would pay the claims angainst the state.

Senate Bill 581 would relate generally to the administration of trusts.

Senate Bill 588 relates to reproduction, distribution and sale of tax maps.

Senate Bill 671 relates to the WV Anatomical Board.

There were 12 bills on second reading today.

The following committees meet today:

Finance at 4 p.m.

Judiciary at 4 p.m.

Education at 4 p.m. and 9:30 tomorrow.

Energy at 4 p.m. in the Government Organization room.

 

The House is in recess until 7 p.m.

Update:

The House moved to concur with the Senate amendments to the bills that were passed earlier today.

The House then received reports from committees.

On second reading was bill Senate Bill 484. The bill’s amendment would eliminate sales tax exemptions such as digital downloads, services, transportation and other various services. There would be a light reduction in the sales tax as well.

Delegate Boggs (D-Braxton) wondered how the General Revenue fund would be impacted if this amendment was adopted. He was informed that $107,000,000 would be expected to be gained from the amendment. Towards the end of the amendments implementation however, the state would lose $15,000,000.

Delegate Householder (R-Berkeley) said financially they cannot predict how the sales tax lowering would help consumers spend more and bring in more revenue from that.

Delegate Sponaugle (D-Pendleton) said, “There are a lot of simple things that we can do to raise revenue that aren’t this. I urge rejection.”

Delegate Folk (R-Berkeley) said, “After natural disasters, we are going to tax people for the service to fix their roof if they are hiring someone else to do the work. They can spin it any way they want it, this is a tax increase. I’ll have no part of it.”

Delegate Howell (R-Mineral) said, “This would be a tax decrease in the span of two years.”

Delegate Cowles (R-Morgan) said, “The idea of broadening the base and lowering the rate is a great idea. Otherwise, only certain groups of people are paying more than what they should and others aren’t paying enough. I feel that this is good economic policy and good tax policy. This is fairer for everybody. This could also give us a competitive advantage against other border states.”

Delegate Miley (D-Harrison) said that businesses should help to pull the rope more and for that reason he was against it.

The amendment was adopted with a vote of 53 yeas and 46 nays.

The House then received more committee reports.

Committee meetings:

Finance at 10 a.m.

Rules at 10:45 a.m.

 

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

Senate Completes Legislation Allowing Police Officers to Conceal Carry Nationwide

The Senate has completed legislation on four bills that will now be sent to the governor for approval or rejection.

SB 173 would create an autocycle exemption from motorcycle examination, licensing and endorsement requirements.

SB 230 would require all law-enforcement agencies in this state to certify qualified law-enforcement officers, retired law-enforcement officers, prosecuting attorneys and assistant prosecuting attorneys to carry concealed firearms nationwide as provided by the federal Law-Enforcement Officers Safety Act.

SB 522 would define audit procedures between pharmacy benefits managers and pharmacies.

SB 575 would limit nuisance actions against shooting ranges for noises.

Of the bills up for completion, the Senate rejected the House amendments for Senate Bills 172, 204, 224 and 554, and sent one amended bill to the House for concurrence.

The one bill sent back for concurrence for an amended title, SB 125, would authorize the Health Care Authority to promulgate a legislative rule relating to the Hospital Assistance Grant Program.

The Senate also passed 19 bills to be sent to the House for consideration.

SB 304 would appropriate $2,700,000 from the General Revenue Fund to the Division of Health within the Department of Health and Human Resources.

SB 694 would appropriate $3,300,000 from the General Revenue Fund to the Department of Administration.

HB 2188 would extend the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

HB 2364 would prohibit electioneering during early voting periods in and around early voting locations to the same extent as is currently prohibited at polling places on election day.

HB 2404 would bar persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.

HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia to set standard procedures for resolution and determination of custody and visitation issues when a parent is deployed in the military or other national service.

HB 2509 would permit a physician to prescribe certain controlled substances when using telemedicine technologies.

HB 2518 would permit a pharmacist or pharmacy intern to administer HPV vaccines for adults as well flu and HPV vaccines for children 12-15 with a prescription. 

HB 2519 would require the secretary of the Department of Health and Human Resources to enter into a compact to ensure payment for health care services provided to other states’ Medicaid participants.

HB 2522 would allow the state to enter into an interstate licensure compact for registered nurses, practical nurses and vocational nurses with 25 other states.

HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.

HB 2586 would update the required minimum distribution laws to be in compliance with federal Internal Revenue Code requirements.

HB 2653 would extend the multistate real-time tracking system to June 30, 2023.

HB 2706 would authorize legislative rules related to higher education, involving the West Virginia Higher Education Grant Program, the PROMISE scholarship, the Research Trust Fund Program and the Annual Reauthorization of Degree-Granting Institutions, among others.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $7,500 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.

HB 2739 would provide that an eligible provider may receive supplemental Medicaid reimbursement, in addition to the rate of payment that the provider would otherwise receive, for Medicaid ground emergency medical transportation services, and that the supplemental reimbursement shall be equal to the amount of federal financial participation the department receives as a result of claims submitted for expenditures for services.

HB 2796 would allow the West Virginia National Guard to contract for specialized technical services with the federal government for specialized technical services to support specific activities related to national security, homeland security and other military-related programs.

HB 2856 would generally declare public policy and legislative intent for improving the marketing, quality and frequency of passenger rail service of the Cardinal Passenger Train.

HB 2948 would require certain state agencies to take final action on certain completed permit applications within thirty days if uncontested, or ninety days if contested, unless other timelines exist.

Of the bills on third reading, SB 476 was requested to lie over for one day. The bill would expire funds in the amount of $101,700,000 from the Revenue Shortfall Reserve Fund to the General Revenue Fund.

Members of the Senate also adopted SR 67 to declare January 26th of each year as “Danny Heater Day.”

Senate Bill 199 and House Bills 2006, 2083, 2119, 2219, 2303, 2319, 2367, 2373, 2427, 2446, 2453, 2475, 2548, 2619, 2676, 2683, 2726, 2734, 2767, 2898, 2939, 2949, 2963 and 2980 were advanced from second reading.

Of those, amendments were made to 11 bills.

House Bills 208322192303236723732619 and 2980 were amended by Senator Charles Trump, R-Morgan, on behalf of decisions made by the Senate Judiciary Committee, on which he serves as Chair.

Senator Randy Smith, R-Tucker, amended the Judiciary amendment to HB 2303 to increase fines for those who litter in waterways and prohibiting magistrate or municipal judges from dismissing a related action without notifying the prosecuting attorney of that county.

Senator Craig Blair, R-Berkeley, made amendments to House Bills 2446 and 2767 on behalf of decisions made by the Senate Government Organization Committee, on which he serves as Chair.

Senator Mike Hall, R-Putnam, amended HB 2734 on behalf of decisions made by the Senate Finance Committee, on which he serves as Chair. Hall also made an additional amendment to make minor technical corrections to the bill.

Senator Roman Prezioso, D-Marion, proposed an amendment to HB 2319 related to campaign contributions and lobbyists’ expenditures, but the amendment was rejected after Senate President Mitch Carmichael, R-Jackson, determined that the amendment was not germane to the bill.

Of the bills on second reading, HB 2555 was requested to lie over for one day.

All bills on first reading were advanced to second reading.

Committee Meetings Today

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Judiciary: 9:30 a.m. in 208W

Military: 10 a.m. in 208W

Health and Human Resources: 10 a.m. in 451M

The Senate is in recess until 6 p.m. this evening.

House Education Committee Reports SB 656

0

The House Education Committee met today to discuss two bills.

Senate Bill 656 relates to Student Data Accessibility, Transparency and Accountability Act.

Jason Webb a representative of the ACT, said the bill would allow another box to be checked that a student’s information may be shared to any college that may want to look at their non-confidential information for scholarship or recruitment purposes. This would be in addition to those whom they would already send it to by the test taker’s request.

There were two amendments by council that were adopted to alter some of the language in the bill.

Delegate Westfall (R-Jackson) moved to amend the bill to make it so that 15 year olds could also receive information by checking the box.

Delegate Higginbotham (R-Putnam) said, “I support the gentleman’s amendment and getting the parent’s permission would be an additional hassle.”

The bill was reported to the full House with the recommendation that it pass.

Senate Bill 630 would establish Accessibility and Equity in Public Education Enhancement Act. The bill would allow for schools to contract with virtual school providers. It allows students an online pathway to get a high school diploma. The students would be counted in enrollment when it comes to receiving state aid. The students would also have to test at the same standards. The students would be allowed to participate in extracurricular activities but have to comply with the activities other eligibility requirements. Students enrolled in these classes would only be allowed to participate in sports from their district. The online teachers are not required to be in the county.

Delegate Moye (D-Raleigh) wanted to be sure that students would have to be enrolled in order to take those classes. He also questioned council confirming the bill could open up curriculums that aren’t currently offered at some schools.

Dr. Ron During, the superintendent of Kanawha County Schools, said the bill would provide that rural counties who may not have access to certain classes can get that online from other counties that would participate.

Delegate Cooper (R-Summers) said, “Not everyone wants to go to college and some students get kicked out. Could those who get kicked out be able to take these classes?”

Dr. During responded that could be a real possibility.

The bill was laid over until the next meeting.

House Finance Discusses Tourism and Advertising

0

The House Finance Committee met at 9 a.m.

SB 433 would permit counties to increase the excise tax on the privilege of transferring real property. The bill will be reported to the floor with recommendation it do pass.

SB 595 would allow portions of otherwise exempt property that are being used for nonexempt purposes to be separately assessed and taxed for property tax purposes. The bill will be reported to the floor with recommendation it do pass.

SB 461 would exempt the West Virginia State Police from state purchasing requirements. The bill will be reported to the floor with recommendation it do pass.

SB 686 would exempt facilities providing direct patient care that are managed, directed, controlled and governed by the Secretary of the Department of Health and Human Resources. from the otherwise required oversight and review by the Purchasing Division of the Department of Administration. The bill will be reported to the floor with recommendation it do pass.

SB 533 would provide that no wine or liquor excise tax will be collected on purchases of wine or intoxicating liquors in the original sealed package for the purpose of resale, if the final purchase of the wine or intoxicating liquor is subject to the excise tax. The bill will be reported to the floor with recommendation it do pass.

SB 486 would change the rate of tax on eligible acute care hospitals for fiscal year 2018; specify purposes for which funds may be collected, provide for distribution of remaining funds at the end of fiscal year and extend the expiration date for the tax. The bill will be reported to the floor with recommendation it do pass.

 

SB 535 would reorganize the Division of Tourism as the new West Virginia Tourism Office. It would transfer certain powers and duties of the Tourism Commission to the new West Virginia Tourism Office, and sets a requirement for quarterly meetings. The bill would restructure the Tourism Advertising Partnership Program as a cooperative advertising program administered by the new West Virginia Tourism Office and would give power to the Executive Director all authority for expenditures of funds in the Tourism Promotion Fund.