Thursday, May 8, 2025
Thursday, May 8, 2025
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Senate Judiciary Lays Over Redistricting Bill

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The Senate Judiciary Committee has approved three bills and an originating joint resolution to be reported to the floor with the recommendation that they pass.

HB 2868 would clarify that presumed abandoned property in the form of amounts owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, and obligations related thereto, are guided by the policies, requirements and interpretations of the Insurance Commissioner.

Christina Merbedone, assistant director of Unclaimed Property, said the Treasurer’s Office is against the bill due to certain amendments made to the bill in the House before coming to Senate Judiciary that would remove the Treasurer from having administration over unclaimed property.

SB 592 would provide for an independent redistricting commission to propose redistricting plans during census years.

According to counsel, the commission’s main task is to propose plans to the Legislature based on Constitutional and legal requirements and considerations and which is removed from stark political aspirations or concerns. 

Senator Mike Romano, D-Harrison, made a motion that would lay the bill over until Friday, March 24, to allow the committee more time to study the lengthy provisions of the bill.

Originating Joint Resolution #1 would propose an amendment to the state constitution to eliminate the office of county surveryor.

John Green of the West Virginia Society of Professional Surveyors said the society opposes the bill and he hopes the committee will reject it.

Counsel said only 9 individuals were elected to county surveyor roles out of all 55 counties.

HB 2001 would modify the ethics and purchasing laws to provide more transparency in government.

The committee heard the subcommittee report for the bill and approved the amendments suggested by the subcommittee as detailed in the report.

Rebecca Steptoe of the State Ethics Commission said the commission has reviewed the changes of the bill, and she made some suggestions for small improvements that could be made to the bill.

Senator Mike Romano, D-Harrison, made an amendment that would allow the quorum number to decrease to two-thirds when there are vacancies on the ethics board. The amendment was rejected.

Those in opposition cited the possibility that too many vacancies would allow board members of particular parties to gang up against a party that might be in the minority due to the vacancies for rejecting the amendment.

Senate Finance Discusses SNAP Requirement Bill

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The Senate Finance Committee discussed six bills today.

Senate Bill 437 would discontinue the West Virginia Greyhound Breeding Fund. Yesterday there were concerns about distributions of funds from certain casino and race track activities no longer going to employee pensions. The committee added to the bill to ensure the pensions would stay secure.

A representative of the West Virginia Kennel Association said, “This legislation could end 1,700 jobs. This is going to cost more than it will get. Unemployment costs could go up and many West Virginian families may have to relocate.”

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

Senate Bill 60 relates to eligibility and fraud requirements for public assistance. This bill would restrict SNAP benefits to those who have committed fraud against public assistance or those who are over six months behind on child support payments. The bill would require a computerized identity process for those applying for public assistance. About 7,000 of those getting SNAP benefits would have to start in a program to begin working as they are able bodies adults.

Senator Gaunch (R-Kanawha) asked, “Is there anything in this bill that would cause people to lose their benefits who deserve them?”

The representative said they would keep their benefits.

Senator Stollings (D-Boone) clarified for the committee that the state would be saving over $1 million if the bill is passed.

Senator Unger (D-Berkeley) asked, “If the legislature was to take the cowardly way out and cut and run. What would that do to DHHR in relation of that bill?”

The chair of the committee, Senator Hall (R-Putnam) said, “If we pass something out of this committee, it is the will of the Senate and we will fund it.”

Senator Palumbo (D-Kanawha) moved to amend the bill to make the language regarding the phase in requirement of the bill clearer. The amendment was adopted.

Senator Facemire (D-Braxton) said the bill only would affect 0.00018 of the population and wondered if the bill was really worth the trouble it could cause.

Senator Gaunch said the bill addresses a lot of issues that are happening with SNAP and the people of West Virginia deserve to have be financially responsible.

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

Senate Bill 493 would provide an increase in compensation for conservation officers to be closer to what usual police officers receive.

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

Senate Bill 566 relates to claims against the state. The subcommittee on the bill met and suggested that the claims discussed in the bill be paid as moral obligation of the state.

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

Senate Bill 453 would add classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory.

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

A Senate Bill originating would exempt certain DHHR facilities from statewide purchasing requirements. These facilities are nursing homes and psychiatric facilities. The bill was reported to the floor with the recommendation that it pass.

House Judiciary Approves Bill to Make Fishing During Stocking Illegal

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House Judiciary met today and discussed several bills. 

HB 2799 would prohibit the 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. The bill will be reported to the floor with recommendation that it do pass.

SB 239 would protect an employee’s wages or salaries from being withheld or diverted for political activities without the express, written authorization of the employee. The bill makes clear that it is unlawful for any person to coerce or intimidate any employee into making a political contribution or engaging in political activities. This bill was removed from the agenda after today’s session.

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 trespassing. The bill will be reported to the floor with recommendation that it do pass.

HB 3101 would create a misdemeanor and criminal penalties for fishing within 200 feet of agency personnel while stocking fish into public waters. The bill was introduced to provide safety for stocking personnel, because some fishermen are casting their poles during the stocking process, which personnel at risk of being hooked. The bill will be reported to the floor with the recommendation that it do pass.

HB 2794 would require proof of mailing of notices to debtors that consumers are represented by legal counsel. This is to have concrete evidence that notification was given.

HB 2869 would provide that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency. The bill will be reported to the full House with the recommendation that it do pass.

HB 2548 would allow non-intoxicating beer licensees to have speakers outside of licensed premises as long as their use does not disturb the peace and quietude of the community where the business is located. The bill will be reported to the House with the recommendation that it do pass.

HB 2654 would expand county commissions’ ability to dispose of county or district property and eliminate the requirement that property conveyed to volunteer fire department or volunteer ambulance service reverts back to county commission.

HB 2109 would include a municipal land bank as an agency within the West Virginia Land Reuse Agency Authorization Act and that a municipal land bank may acquire tax delinquent property. The bill will be reported to the floor with recommendation that it do pass.

HB 2453 would expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp. It will be reported to the floor with recommendation that it do pass. 

Senate Banking Approves Bill Related to Insurance for Enzymatic Disorders

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The Senate Banking and Insurance Committee has approved a bill that would provide for mandatory insurance coverage for inherited enzymatic disorders.

The bill, SB 526, provides a list of the diagnosed conditions for which insurance coverage should extend.

A fiscal note from PEIA shows the estimated cost to the organization would be $145,800, and a fiscal note from the DHHR shows a fiscal impact of $1,028,568 to the state.

The committee requested that the DHHR refresh their fiscal note, since it was found to be inaccurate after committee proceedings.

DHHR Deputy Secretary Jeremiah Samples was also available to answer questions from committee members.

Kaycee Childress of the national Children’s Medical Nutrition Alliance said the bill would specifically help low income families that normally cannot afford insurance policies to cover their children’s rare diseases.

Childress said 20 other states currently have similar mandates in their laws.

She also said most commercial insurance companies believe the bill is a “slippery slope,” since certain prescribed medical foods fall under coverage of the bill, instead of strictly medications.

Director of PEIA Ted Cheatham was present to answer questions from members of the committee.

Committee counsel also suggested a few mandates to bring clarity to certain provisions in the bill, which will be added to the bll as a single amendment which will then be incorporated into a committee substitute.

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

House Government Organization Reports Eight Bills Including HB 2935

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The House Committee on Government Organization reported eight bills out of the committee today.

House Bill 2515 would enact the West Virginia Monument and Memorial Protection Act of 2017. There is no current law to protect these monuments. The historical significance would only be noted if the monument or memorial has an age of 50 years.

Delegate Caputo (D-Marion) questioned council to see if there was a provision in the bill to relocate the memorials or monuments and was assured by council that it was.

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

House Bill 2935 relates to state flood protection planning. This bill would create a legislative joint interim committee to study flood protection and report back to the legislature. It would also create a council of experts to study the West Virginia flooding to report to the committee.

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

House Bill 2897 would raise the amount required for competitive bidding of construction contracts by the state and its subdivisions. 

James Meadows, general counsel from the purchasing division, said, “An agency that goes out to bid will be able to pick the alternates in the order they are listed. If the selection doesn’t impact who would be the lowest bid, then they can pick in any order.”

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

House Bill 2346 relates to motor vehicle plates. This bill would start a study as to if flat plates are more economically efficient than the embossed plates currently in use.

Delegate Marcum (D-Mingo) asked if the bill would take away the license plates making jobs away from inmates and was assured it wouldn’t. He then spoke in support of the bill.

An amendment to the bill by Delegate Hamrick (R-Harrison) to create a second study to find information about the privatization of creating the plates. The privatization of the making of the plates has worked for other states and this study would find out if this is a good idea for West Virginia as well. The amendment was adopted.

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

House Bill 3053 relates to motor vehicle lighting. This clarifies that as long as 60 percent of LED lights are lit, it is considered as functional.

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

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 reported to the floor with the recommendation that it pass.

House Bill 2788 would allow military veterans who were honorably discharged with certain military ratings to qualify for examinations required of a probationary firefighter. The veterans would have to meet all other requirements as well.

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

House Bill 2939 relates to the sale of items in the State Police Academy post exchange to the public. There was an amendment to the bill to clear up technical issues. The amendment was adopted.

The bill was reported to the floor with the recommendation that it pass as amended but first be referred to the Committee on Judiciary.

House Passes Three Bills in Morning Floor Session

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The House passed three bills in their floor session this morning.

House Bill 2827 would update the all payor claims database.

House Bill 2840 would reorganize the departments, agencies and commissions within the executive branch of state government.

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

Delegate Folk (R-Berkeley) opposed the bill saying that in these times of economic uncertainty, the legislature should not be putting together new special revenue accounts to subsidize federally funded programs.

Delegate Fleischauer (D-Monongalia) said she supported the bill because other forms of transportation are already subsidized and trains are one of the least polluting, convenient, and most beautiful forms of travel.

The bill passed with a vote of 95-5.

There were two bills out of seven that were amended on second reading today.

Senate Bill 127 was amended by the Committee on Judiciary to repeal and replace some outdated rules.

House Bill 3061 was amended by Delegate Fast (R-Fayettee) to strike language in the bill about state oversight so as to not ruin the bill’s original intention.

Delegate Rowe (D-Kanawha) moved to reject House Bill 2524 which was on first reading. The movement was not adopted.

Delegate Hill (R-Nicholas) remarked, “I live in a district devastated by last year’s floods. Just under two dozen people died. Governor Tomblin lit the red beacon at the top of our capitol as a symbol that our state is coming together to stand behind those who were effected. It was a symbol of hope and all that is good within our people. And now Governor Justice is using it as a prop in his show of budget nonsense.”

Committees meeting today:

Judiciary at 1:30 p.m. in 410M.

Finance at 2:30 p.m. in 460M.

Government Organization at 2 p.m. in 215E.

Education at 2:30 p.m. in 434M. Will Resume at 6:30 p.m.

Committees meeting tomorrow:

Finance at 9 a.m. in 460M.

Education at 9 a.m. in 434M.

Rules at 10:45 a.m. behind the House Chamber.

The House is in recess until 5 p.m. tonight.

UPDATE:

The House met briefly to receive committee reports in order to prepare bills for the passage process tomorrow. Also more committee meetings were announced.

 

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

 

Bill to Double Penalties for Child Abuse Passes in Senate

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The Senate has passed four bills to be sent to the House for further consideration.

SB 243 would repeal statutory language authorizing a minor over age of fourteen years to nominate a guardian in domestic relation matters.

SB 288 would double the penalties for child abuse offenses.

SB 360 would create a legislative coalition to study and report to the Legislature on diabetes in the state.

SB 398 would create The Emergency Volunteer Health Practitioners Act to regulate the practice of volunteer health practitioners during an emergency and create a registration system that grants reciprocity to licenses issued to volunteer health practitioners in other states during an emergency.

Of those bills on third reading, SB 339 was requested to lie over for one day before voting.

Members of the Senate also adopted SR 48 to congratulate the Charleston Catholic High School golf team for winning the 2016 Class A State Golf Championship, and SR 49 to designate today as Civil Air Patrol Day in West Virginia.

Senate Bills 362, 414, 461, 467, 472, 479, 499, 523, 533, 572, 585, 595 and 684 were advanced from second reading, and SB 18 was requested to lie over one day in second reading.

Of those bills advanced, Senator Craig Blair made an amendment to SB 479 that would clarify that retail licensees may not sell liquor between the hours of 12 a.m. and 1 p.m. on Sundays and at any time on Christmas day, or between the hours of 12:00 a.m. and 8:00 a.m. on all other days.

Committee Meetings Today

Agriculture and Rural Development: 2 p.m. in 208W

Banking and Insurance: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Tax Reform: 5:30 p.m. in 451M

Committee Meetings Tomorrow

Finance: 9:30 a.m. in 451M

Energy, Industry and Mining: 1 p.m. in 208W

Health and Human Resources: 1 p.m. in 451M

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

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

Senate Interstate Cooperation Committee Rejects SB 659

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The Senate Committee on Interstate Cooperation met to discuss one bill.

Senate Bill 659 would enact the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact. This Compact is an interstate act that allows emergency medical personnel to practice their services between states that have also signed this bill into law. The bill would only apply to EMTs and paramedics that are active under a medical director. In the event that a state’s governor declares a state of emergency the bill would still be enacted. The bill won’t be enacted until two more states adopt the bill as ten need to in order to form the commission to govern the act. If the compact hasn’t become effective by July 2021 then the bill will be dissolved.

Brian Skinner, the Council for Public Health, said he does have some concerns for the bill. He thinks it is unconstitutional because the commission could legislate and pass rules across multiple states. The commission could also demand fees to cover its annual budget and would have a fiscal impact. 

Senator Sypolt (R-Preston) asked if there are any advantages in the concept of a commission like this legislation.

Mr. Skinner responded there are some but this legislation has some legal implications that are risky. However, they have no objections to looking into legislation like this in the future.

The bill was rejected.

Bill Related to Unemployment Compensation Requirements Passes Senate Workforce

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The Senate Workforce Committee has approved a bill that would require individuals receiving unemployment compensation to apply for and accept seasonal employment.

The bill, SB 316, would further require that those individuals work a minimum of 25 hours a week at their seasonal jobs.

Connie Kirk, unemployment insurance director of WorkForce West Virginia, said the organization supports the bill’s passage, since it would bring state law into compliance with federal law and make it easier for the organization to supply unemployment benefits.

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

House Finance Reports Three Bills

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House Finance met briefly this morning to report three bills.

House Bill 2841 would require board members to have attended a board meeting in order to be compensated for the meeting. The bill was reported to the floor with the recommendation that it pass.

House Bill 2763 related to the approval by the Council for Community and Technical College Education of acquisitions. The bill was reported to the floor with the recommendation that it pass.

House Bill 2980 relates to civil lawsuit filing fees for multiple defendant civil action.

Delegate Frich (R-Monongalia) said she was happy there would be more money going to the state’s forensic laboratory was going to be receiving more money but wondered how much it would be.

The commission of counties representative said there wasn’t an exact number however it would be substantial.

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

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