Wednesday, May 1, 2024
Wednesday, May 1, 2024
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In Case You Missed It… 2024 Completed Legislation, Part 1

(2575 Introduced Bills; 1698 were introduced in the House; 279 Completed; 123 House Bills)

House Bill 4026, a rules bill, authorizes the Department of Administration to amend the sunset date on the rule named State Owned Vehicles until August 1, 2034.

House Bill 4086 is rules bundle 10, a Department of Commerce rules bundle. The bill contains 18 rules from the Division of Forestry, Division of Labor, Office of Miners’ Health, Safety, and Training, Division of Natural Resources, and the Public Energy Authority.

House Bill 4110 is Rules Bundle 9, which contains 58 rules affecting the Board of Accountancy; Board of Acupuncture; Department of Agriculture; Barbers and Cosmetologists; Counseling; Dentistry; Dieticians; Election Commission; Massage Therapy; Medical Imaging and Radiation Therapy Board of Examiners; Board of Medicine; Nursing Home Administrators Licensing Board; Board of Optometry; Board of Osteopathic Medicine; Board of Pharmacy; Board of Professional Surveyors; Board of Psychologists; Board of Registered Professional Nurses; Board of Respiratory Care; Secretary of State, and the State Treasurer.

House Bill 4190 requires the Secretary of the Department of Homeland Security to establish a statewide Purple Alert Plan for missing cognitively impaired persons by July 1, 2025.

House Bill 4233 requires birth certificates issued in this state to include the sex of the child at birth as male or female. The bill prohibits the use of the term “non-binary” on birth certificates.

House Bill 4274 renames the Department of Health and Human Resources as the Department of Human Services, the Department of Health, and the Department of Health facilities through various sections of code to reflect the reorganization into three separate departments. The bill also makes changes to reflect any bureau name changes made through the reorganization.

House Bill 4297 recognizes correctional officers as law enforcement without obtaining certification requirements. The Commissioner of the Division of Corrections and Rehabilitation shall consult with LEOSA to create a training course specifically for correctional officers. The bill states COs may detain and arrest individuals in violation of state law on any Division of Correction and Rehabilitation property. The bill allows COs to concealed carry across the country regardless of state laws to transfer inmates.

House Bill 4305 creates a new section of code to extend in-state tuition rates at the state’s institutions of higher education to any person or the person’s legal guardian who received economic development incentives to locate West Virginia.

House Bill 4350 prohibits the filing for ballot vacancies by party executive committees after the individual candidacy filing deadline has passed. The Senate-amended bill does not allow for vacancy nominations when the vacancy is caused by a withdrawal from the election without cause.

House Bill 4376 requires a surgical smoke evacuation system in healthcare facilities. Surgical smoke is the by-product of using heat-generated surgical instruments. It can contain various health-damaging particles which can be inhaled. Any facility without an evacuation system for surgical smoke shall be penalized with a fine between $1,000 to $5,000. The bill requires the Office of the Inspector General to propose legislative rules.

House Bill 4399 allows for individuals who have had charges dismissed after a pre-trail diversion or deferred adjudication to file for expungement of all records. The offenses to which this bill would apply would be nonviolent and nonsexual.

House Bill 4431 allows the Office of the Chief Medical Examiner to cremate unidentified remains after 30 days if any genetic material is preserved within the database. Identified, but unclaimed remains after 30 days may be placed in a cemetery for a final resting place, unless moved by family.

House Bill 4552 requires immediate verification of candidates’ party affiliation prior to the acceptance of the certificate of announcement for candidacy. If the candidate’s current party does not match the party listed on the certificate, the clerk, secretary of state, or recorder can refuse the announcement. The bill is effective January 1, 2025.

House Bill 4594 extends the managed care and foster care contract.

House Bill 4667 prohibits syringe service programs from distributing certain smoking devices. Items that cannot be distributed include but are not limited to bongs, crack pipes, and disposable smoking devices.

House Bill 4700 requires the Lottery Commission to create a list of reasons for which a patron of sports gaming may be banned from engaging in sports betting. The list shall include but is not limited to a prior conviction of assault or battery on athletic officials, prior violation of an order of the commission, and if a person had engaged in a pattern of harassing sports officials, coaches, or participants to the extent of posing a threat to patrons or participants.

House Bill 4709 establishes a 4-year career and technological education pilot program for middle school students to prepare them to take advantage of WV’s CTE programs. The bill provides for annual reporting to LOCEA beginning by July 1, 2025.

House Bill 4721 requires surveyors to offer to record the map or plat of the measurements of the survey, for a reasonable fee, on the landowner’s behalf, in the office of the county clerk of the county in which the land is located.

House Bill 4756 creates the Alzheimer’s Disease and Other Dementia Advisory Council. The bill requires the council to submit a report within 24 months. The bill terminates the council on July 31, 2026.

House Bill 4768 increases the number of out-of-state medical students receiving in-state tuition rates who agree to practice for a specific time within West Virginia from two to four program participants per medical school.

House Bill 4782 prevents municipalities from targeting firearms businesses with planning and zoning ordinances more restrictive than those placed upon other businesses.

House Bill 4786 creates the Delivery Network Company Insurance Act. The bill requires Delivery Network Company to acquire insurance for drivers when making deliveries.

House Bill 4793 permits the manufacture of moonshine for personal or family use. The bill limits the amount manufacture of 10 gallons in a household with one person over 21 years of age and 5 gallons in a household with two or more persons over 21 years of age.

House Bill 4801 prohibits the State Treasure from entering term or condition contracts. The bill also requires the State Treasure to announce the commencement of the WV Security for Public Deposits Program by publishing a notice in the State Register at least 30 days before the commencement.

House Bill 4809 creates the “Health Care Sharing Ministries Freedom to Share Act,” which exempts health care sharing ministries from West Virginia’s insurance laws.

House Bill 4812 limits the fees charged by third-party vendors who contract with a municipality to collect B&O taxes for the municipalities to no more than 20% of the amount of taxes collected.

House Bill 4814 extends the reporting and sunset date for the State Advisory Council on Postsecondary Attainment Goals to December 31, 2027.

House Bill 4822 increases the limit on the annual matching grants available for eligible state, county, municipal, and regional governmental entities, or authorities that apply to and participate in the Department of Economic Development’s Certified Sites and Development Readiness Program from $25,000 to $75,000.

House Bill 4829 removes the requirement of a high school diploma or equivalent for school bus drivers, 21 years and older. The addition of 21 years and older is to prevent students from dropping out to become employed.

House Bill 4830 modifies the frequency of training for school personnel. The bill states that personnel shall be trained upon hire and every three years after for suicide prevention awareness, child sexual abuse prevention, the county policy on harassment, bullying, and intimidation, and multicultural education. The bill also requires first aid training to include blood-borne pathogen information. The bill makes changes to the Special Protections for Disabled Children Act of 2022, by clarifying anyone who cares for, educates, or houses disabled children shall be trained on mandatory reporting obligations.

Budget Completes and House Adjourns Sine Die

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The House returned to hear farewell addresses. The remainder of the farewells will be heard throughout the evening.

The Rules Committee moved SCR 20 to the floor and reorder the calendar.

House Bill 4399, House Bill 5084, and House Bill 4851 were sent to conference committees.

The House passed two bills after some lengthy debate.

Senate Bill 841 was amended on third reading. The bill keeps the max weekly unemployment benefit at $662 with 26 weeks of payment. The bill amends the threshold wage to $9,500. The amended bill adds in the Jobs and Reemployment Act by requiring work search activities to qualify for unemployment benefits.

Senate Bill 280 states that no public-school board, superintendent, or school principal cannot prohibit public school teachers from responding to students’ questions about scientific theories on how the universe and/or life came into exist.

The House concurred to complete several other bills, including the Budget Bill.

Senate Bill 200 is the compromised budget bill which totals $4,996,598,939.

The breakdown of General Revenue is:

Legislative
1. Senate – $6,152,206
2. House – $11,985,000
3. Joint – $11,240,457

Judicial
4. Supreme Court – $166,316,509

Executive
5. Gov Office – $6,626,040
6. Custodial Fund – $615,427
7. Civil Contingent Fund – $8,500,000
8. Auditor’s Office – $2,724,523
9. Treasurer’s Office – $3,718,259
10. Department of Agriculture – $13,962,323
11. WV Conservation Agency – $11,636,697
12. Meat inspection – $1,169,540
13. Agriculture awards fund- $54,250
14. WV Agriculture Land Protection Authority – $109,693
15. Attorney General – $5,894,240
16. Secretary of State – $983,138
17. State Election Commission – $7,508

Department of Administration
18. Office of the Secretary – $15,631,631
19. Consolidated Retirement Fund
20. Division of Finance – $810,767
21. Division of General Services – $26,394,135
22. Division of Purchasing – $1,146,662
23. Travel Management – $1,325,210
24. Commission on Uniform State Laws – $45,550
25. WV Public Employe Grievance Board – $1,213,226
26. Ethics Commission – $773,228
27. Public Defenders Service- $38,195,744
28. Division of Personnel – $1,800,000
29. Committee for the Purchase of Commodities and Services from the Handicapped -$4,055
30. West Virginia Prosecuting Attorneys Institute – $688,044
31. Office of Technology – $5,000,000
32. Real Estate Division – $902,771

Department of Commerce
33. Division of Forestry – $6,105,480
34. Geological and Economic Survey $3,328,376
35. Division of Labor – $2,017,411
36. Division of Natural Resources – Division of Natural Resources – $31,316,979
37. Division of Miners’ Health, Safety and Training – $12,342,060
38. Board of Coal Mine Health and Safety – $370,549
39. WorkForce West Virginia- $75,700
40. Office of the Secretary – $1,977,755
41. State Board of Rehabilitation – Division of Rehabilitation Services – $16,222,463
42. Department of Tourism – Office of the Secretary- $14,000,000
43. Department of Economic Development – Office of the Secretary – $12,917,867
44. State Board of Education – School Lunch Program – $2,497,519
45. State Board of Education –State Department of Education – $128,627,282
46. State Board of Education –Aid for Exceptional Children – $35,113,216
47. State Board of Education –State Aid to Schools – $2,039,581,856
48. State Board of Education –Vocational Division – $41,790,026
49. State Board of Education –West Virginia Schools for the Deaf and the Blind- $15,730,195
50. State Board of Education –School Building Authority – $24,000,000

Department of Arts, Culture, And History
51. Division of Culture and History – $ 5,788,181
52. Library Commission – $ 1,644,157
53. Educational Broadcasting Authority – $ 4,323,875

Department of Environmental Protection
54. Environmental Quality Board – $ 131,874
55. Division of Environmental Protection – $ 7,622,445
56. Air Quality Board – $ 76,053

Department of Health
57. Department of Health –Central Office – $ 4,192,094
58. Office of the Share Administration – $5,296,143
59. Bureau of Public Health – Office of Commissioner – $3,885,706
60. Bureau of Public Health – Health Statistic Center – $535,949
61. Bureau of Public Health – Office of Community Health and Health Promotion – $7,426,935
62. Bureau of Public Health – Office of Health Services – $2,771,537
63. Bureau of Public Health – Office of Epidemiology and Prevention Services – $2,880,464
64. Bureau of Public Health – Office of Laboratory Services – $3,275,870
65. Bureau of Public Health – Office of Maternal, Child Family Health – Children’s Special Care – $1,500,830
66. Bureau of Public Health – Office of Maternal, Child Family Health – Infant, Child, Adolescent, and Young Adult Health – $2,027,036
67. Bureau of Public Health – Office of Maternal, Child Family Health – Maternal, Child, and Family Health Epidemiology – $411,736
68. Bureau of Public Health – Office of Maternal, Child Family Health – Community Health – $382,989
69. Bureau of Public Health – Office of Maternal, Child Family Health – Women’s and Family Health – $2,300,505
70. Bureau of Public Health – Office of Maternal, Child Family Health – West Virginia Birth to Three – $9,291,855
71. Bureau of Public Health – Office of Medical Cannabis – $1,020,075
72. Bureau of Public Health – Office of Office of Nutrition Services – $38,621
73. Deaf and Hard of Hearing – $238,259
74. Center for Local Health – $15,571,992
75. Office of Chief Medical Examiner – $13,852,264
76. Office of Emergency Medical Services – $5,332,477
77. Office of Threat Preparedness – $5,036
78. Office of the Inspector General – $7,224,762
79. Human Rights Commission – $1,568,052

Department of Human Services
80. Division of Human Services – $173,258,504
81. Office of Shared Administration – $23,399,070
82. Bureau for Medical Services – Office of the Commissioner – $795,516
83. Bureau for Medical Services – Medical Services Administration – $42,299,773
84. Bureau for Medical Services – Policy and Programming – $227,432,902
85. Bureau for Medical Services – Home and Community Based Waiver Programs – $112,843,333
86. Bureau for Social Services – Office of the Commissioner – $25,734,577
87. Bureau for Social Services – Children’s Services – $37,883,039
88. Bureau for Social Services – Adoption – $39,855,069
89. Bureau for Social Services – Foster Care – $110,230,811
90. Bureau for Social Services – Adult Services – $5,450,513
91. Bureau for Social Services – Child Protective Services Case Workers – $26,770,365
92. Bureau for Social Services – Social Service Case Workers – $10,458,585
93. Bureau for Social Services – Adult Protective Services Case Workers – $3,984,994
94. Bureau for Social Services – Youth Service Case Workers – $4,698,244

Department of Health Facilities
95. Central Office – $3,655,695
96. Health Facilities Capital Projects Fund – $550,000
97. Hopemont Hospital – $12,827,637
98. Lakin Hospital – $14,451,392
99. John Manchin Senior Health Care Center – $8,703,666
100. Jackie Withrow Hospital – $12,337,165
101. Welch Community Hospital – $31,057,039
102. William R. Sharpe Jr. Hospital – $79,407,370
103. Mildred Mitchell-Bateman Hospital – $53,506,391
104. William R. Sharpe Jr. Hospital -Transitional Living Facility – $1,847,929

Department of Homeland Security
105. Office of the Secretary – $4,293,160
106. Division of Emergency Management – $6,691,854
107. Division of Corrections and Rehabilitation –West Virginia Parole Board – $1,454,002
108. Division of Corrections and Rehabilitation –Central Office – $385,147
109. Division of Corrections and Rehabilitation – Correctional Units – $317,211,561
110. Division of Corrections and Rehabilitation – Bureau of Juvenile Services – $51,207,884
111. West Virginia State Police – $126,900,784
112. Fire Commission – $63,061
113. Division of Protective Services – $4,023,574
114. Division of Administrative Services – Criminal Justice Fund – $10,656,295
115. Division of Administrative Services – $6,280,223

Department of Revenue
116. Office of the Secretary – $648,506
117. Tax Division – $ 31,518,796
118. State Budget Office – $1,183,885
119. West Virginia Office of Tax Appeals – $1,214,578
120. State Athletic Commission – $36,811

Department of Transportation
121. Division of Multimodal Transportation Facilities –State Rail Authority – $2,145,040
122. Division of Multimodal Transportation Facilities – Public Transit – $2,292,989
123. Division of Multimodal Transportation Facilities –$ 1,471,263
124. Division of Multimodal Transportation Facilities –Aeronautics Commission – $1,031,626
Department of Veterans’ Assistance
125. Department of Veterans’ Assistance – $15,640,193
126. Department of Veterans’ Assistance – Veterans’ Home – $ 1,785,768

Bureau of Senior Services
127. Bureau of Senior Services – $6,580,366
West Virginia Council for Community and Technical College Education
128. Control Account – $15,839,076
129. Mountwest Community and Technical College – $7,062,120
130. New River Community and Technical College – $6,569,820
131. Pierpont Community and Technical College – $8,613,156
132. Blue Ridge Community and Technical College – $8,972,984
133. West Virginia University at Parkersburg – $11,561,838
134. Southern West Virginia Community and Technical College – $9,217,907
135. West Virginia Northern Community and Technical College – $8,252,020
136. Eastern West Virginia Community and Technical College – $2,412,016
137. BridgeValley Community and Technical College – $8,888,187

Higher Education Policy Commission
138. Control Account – $81,059,149
139. West Virginia University –School of Medicine – Medical School Fund – $22,433,558
140. West Virginia University – General Administrative Fund – $119,506,390
141. Marshall University – School of Medicine – $9,787,407
142. Marshall University – General Administration Fund – $56,725,780
143. West Virginia School of Osteopathic Medicine – $6,332,105
144. Bluefield State University – $7,081,263
145. Concord University – $11,491,763
146. Fairmont State University – $20,671,494
147. Glenville State University – $7,420,879
148. Shepherd University – $13,734,975
149. West Liberty University $10,380,743
150. West Virginia State University – $17,769,170
151. Administration – West Virginia Network for Educational Telecomputing (WVNET) – $1,946,515

Miscellaneous Boards and Commissions
152. Adjutant General –State Militia – $ 18,646,916
153. Adjutant General – Military Fund – $ 157,775

The House is adjourned sine die. 

Day 60: Senate Passes Social Security Tax Phase Out, Pay Raises

The Senate passed a three-year Social Security income tax phase out as well as pay raises for certain state employees on Saturday evening, during the final day of the 2024 Regular Session.

The body withdrew its committee amendment to House Bill 4880 and returned the bill to the form it was in when it came over from the House of Delegates on Feb. 22.

In 2019, the Legislature passed a bill cutting the income tax on Social Security benefits for the state’s lowest earners — those making less than $100,000 filing jointly and $50,000 for a single person — over three years.

This bill eliminates the tax for everyone else, also over a three-year period. The tax will be cut by 35 percent this year — retroactive to Jan. 1 — and 65 percent in 2025, with a complete elimination in 2026 and beyond.

House Bill 4883 gives pay raises to state workers whose pay scales are in state code. That includes state police personnel and public school educators. State police personnel will receive a $2,900 annual salary increase. Teachers will receive a $2,460 annual pay increase, with school service personnel receiving an additional $140 a month.

The bill empowers state agencies with the spending authority to give all other state employees pay raises if the money is available to do so. There is no guarantee those employees will receive a pay raise.

These measures are are big components of the 2025 general revenue budget, which also passed Saturday night in the form of Senate Bill 200.

The Senate has adjourned Sine Die

Day 60: Senate Completes 16 Bills in Early Floor Sessions

The Senate has completed 16 bills over the course of three floor sessions so far on the final day of the 2024 Regular Session.

A sampling of the bills the Senate has sent to the Governor so far today include:

House Bill 5317  makes it permissive for commercial motor vehicles registered in West Virginia to pass an annual inspection of all safety equipment to be consistent with the federal motor carrier safety regulations.

Senate Bill 755 provides safeguards for online sales of tobacco products.

Senate Bill 557 relates to compensation for firefighters required to work holidays. The bill  establishes that firefighters are entitled to compensation for an entire shift, even if only a portion of the holiday shift actually falls on the holiday.

The bill is seen as a fairness issue as some municipalities have taken the position firefighters only receive holiday pay or comp time for the portion of the shift that falls on the holiday. In this scenario, if the firefighter takes time off on the holiday, they are charged for the full shift. The most common shift worked by a firefighter is 12 hours, 8 a.m. until 8 a.m.

The bill doesn’t change the rate of time-and-a-half compensation or the compensatory time allowed if the municipality chooses that methodology.

The legislation should make holiday pay for municipal firefighters uniform across the state.

House Bill 4552 will ensure party affiliation is consistent with a political candidate’s voter registration.

Senate Bill 222 exempts West Virginia veterans from certain fees and charges at state parks.

The 2024 Regular Session concludes at midnight.

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

Thirteen Bill Complete in House during Early Sessions

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It’s the last day of the second session of the 86th Legislature. During the Rules meeting this morning, the committee advanced HCR 69, HCR 75, SCR 29, and SCR 30 to the floor. The Committee also moved Senate Bill 571 and Senate Bill 716 to the House Calendar and rearranged the calendar.

The House refused to concur on several bills and asked the Senate to recede from its position.

The House passed seven bills in the morning session, completing action on six of them.

Senate Bill 837 gives public defender corporations until July 1, 2025, to fully reconfigure their offices to match the new circuits created during the 2023 regular session.

Senate Bill 850 updates the code to reflect the issuance of an ethics opinion on litigation financing by removing commercial tort claims exclusions and certain non-profit organizations from the definition.

Senate Bill 864 amends the provisions of the Grant Transparency and Accountability Act. The bill clarifies which grants are subject to reporting requirements.

Senate Bill 872 allows the county commission to accept the resolution of the county fire board to change the fire fee, but the county commission would decide whether to take action on or accept the resolution or amend them and submit the question to voters.

Senate Bill 875 prohibits BRIM from covering new or additional insurance of entities with permissive coverage, versus mandatory.

The House was in recess until about 1:30 p.m. When the House returned, it received messages from the Senate. The House concurred with the Senate to complete seven bills.

House Bill 4350 prohibits the filing for ballot vacancies by party executive committees after the individual candidacy filing deadline has passed. The Senate-amended bill does not allow for vacancy nominations when the vacancy is caused by a withdrawal from the election without cause.

House Bill 4975 requires the Department of Human Services to create and incorporate into the current child welfare system foster care communication system. The system should be fully implemented by July 1, 2026.

House Bill 4911 authorizes the sale of raw milk. The bill requires any container of raw milk sold to be labeled as “unpasteurized raw milk” with the name and physical address of the seller, date of production, and a specific warning about foodborne illness.

House Bill 4297 recognizes correctional officers as law enforcement and allows them to concealed carry across the country regardless of state laws.

Senate Bill 146 requires the State Superintendent to create an Adult Education Task Force. The task force is to include: the State Superintendent, the head of adult education learning centers, and geographically diverse representatives from the community, including but not limited to, representation from business and the community college system by July 1, 2025.

The House also receded to complete action on Senate Bill 632 and Senate Bill 17. The House refused to concur or recede on a few bills, which will go into conference committees.

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

Committee Meetings today, March 9
The Rules Committee will meet at 3:15 p.m. behind the House Chamber.

Sixty-Three Bills Pass the House on the Penultimate Day of Session

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The House reconvened shortly after 2 p.m. and continued with the day’s agenda. During the afternoon meeting, the House passed 15 more bills, completing action on seven of them.

Senate Bill 667 creates a physician assistant compact program, allowing physician assistants in participating states to practice in participating states regardless of their actual state of licensure.

Senate Bill 722 limits the Lottery Commission’s right to inspect records of limited video lottery permittee to the records in a permittee’s possession for only the limited video lottery business, not other businesses owned by the permittee.

Senate Bill 730 sets the commission rate for a county sheriff at a flat $15,000 and makes it a regular part of the budget and annual compensation of the sheriff.

Senate Bill 768 allows the Department of Human Services to report children who run away or are missing and be able to share confidential information relating to the child when they are not in the custody of the state. The bill brings the Department of Human Services into compliance with Title IV-E, the Federal Foster Care Program.

Senate Bill 834 increases the number of members on the Motor Vehicle Dealers Advisory Board from nine to ten. The bill adds an automobile auction representative to the board but requires the additional member to be a representative primarily salvage vehicles.

Senate Bill 614 provides that when an elementary teacher determines that the behavior of the student is violent, threatening, or intimidating toward staff or peers, creates an unsafe learning environment, or impedes other students’ ability to learn in a safe environment, the student is required to be placed in any behavioral intervention program the county has established, has partnered with another county board to establish, or has gained access to through an agreement with another county board to address such behaviors. The bill provides that students who demonstrate repeated behavior warranting their removal from the school setting will be out of the classroom for the end of the grading period as opposed to the end of the school year or the entire semester.

Senate Bill 624 adds a new requirement that county clerks must cancel a person’s voting record once the Secretary of State notifies the clerk that the person is no longer a West Virginia citizen and has obtained a driver’s license in another state, based on information provided by the Division of Motor Vehicles. The bill is effective January 1, 2025.

Senate Bill 755 provides safeguards when retail sellers engage in online delivery sales of tobacco products and electronic smoking device products via online certification.

Senate Bill 785 allows the Department of Human Services may provide the Foster Care Ombudsman the identity of a person who made a report of abuse or neglect related to a child fatality.

The House recessed until about 6:30 p.m.

When the House returned, the body received Senate messages and concurred to complete 16 more bills.

House Bill 4700 requires the Lottery Commission to propose rules for banning patrons from betting on sports.

House Bill 5514 enhances training requirements for county board of education members by increasing the number of hours required for training. The bill increases the compensation rate for meeting attendance and decreases the number of meetings members may be compensated.

House Bill 4837 synchs up the time for retention of records by financial institutions and the statute of limitations for bringing a cause of action to recover a deposit. The Senate amended bill also clarifies that actions to enforce obligations may not be maintained if the bank destroys or disposes of the relevant records for compliance.

House Bill 5435 creates a comprehensive registered apprenticeship to associate of applied science degree program to be known as the Skilled Trades Apprenticeship Nontraditional Degree (or STAND) program to provide apprentices or journey workers with the opportunity to obtain associate degrees in applied science while gaining practical skills and on-the-job training through federally recognized apprenticeship programs. The program will allow the eligible student to earn at least 15 credit hours of general education courses toward an associate of applied science degree.

House Bill 5232 clarifies that an employer may not terminate or take any other adverse action against an employee for lawfully possessing a firearm in a motor vehicle unless statements are made pertaining to unlawful purposes or terroristic threats

The House also refused to concur on House Bills 4812, 4786, 4867, and 4399. The House concurred with further amendments on House Bills 5405, 4305, and 4110.

The House is adjourned until tomorrow, March 9, 2024, at 9:30 a.m.

Committee Meetings tomorrow, March 9
The Rules Committee will meet at 9:15 a.m. behind the House Chamber.

Day 59: Senate Passes 29 Bills in Early Floor Session

The Senate passed 29 bills, completing one, during its first floor session on Friday.

The completed bill, House Bill 4999, expands the exception to spousal testimonial privilege to include cases of offenses committed against the grandchildren of either spouse.

A sampling of other bills passed today that will need to go back to the House of Delegates for final approval are listed below:

House Bill 4320 relates to access to minor children’s medical records. The legislation is intended to clarify that neither a parent nor legal guardian of a minor child shall be denied access to the minor child’s medical records.

House Bill 4700 would allow the Lottery Commission to ban persons from sports betting who have harassed or shown a harmful pattern of conduct directed at any person involved in a sporting event.

House Bill 4911 would allow the sale of raw milk in West Virginia provided the containers are labeled as such with the name of the seller and date of production. The seller would be immune from liability provided they do not engage in willful and wanton misconduct in the production of the milk.

House Bill 5084 would require that a valid driver’s license, state identification card, or military identification card be presented to verify the minimum age of eighteen for the purchase of tobacco related products.

UPDATE:

The Senate reconvened at 6:30 p.m. to finish its calendar, laying several bills over until tomorrow. The body also received House messages, concurring in the House amendments and completing action on 16 bills.

The Senate is adjourned until tomorrow, March 9 at 10 a.m.

Day 59: House Passes 32 bills in Morning Floor Session

Another early morning for the House of Delegates. After gaveling in around 8:30 a.m., the House concurred with the Senate to complete legislative action on eight bills. During the morning session, the House also passed 24 bills, completing legislative action on 17 of them.

House Bill 4190 requires the Secretary of the Department of Homeland Security to establish a statewide Purple Alert Plan for missing cognitively impaired persons by July 1, 2025.

House Bill 4552 requires immediate verification of candidates’ party affiliation prior to the acceptance of the certificate of announcement for candidacy. If the candidate’s current party does not match the party listed on the certificate, the clerk, secretary of state, or recorder can refuse the announcement. The bill is effective January 1, 2025.

House Bill 4967 provides environmental liability protections to individuals who want to purchase and redevelop brownfield properties for economic development.

House Bill 5520 originally removed the presumptions of competency and incompetency for juveniles. The Senate amended bill amends the code to reduce the age of presumptive incompetency from age 13 to age 12. The bill also clarifies that a juvenile presumed incompetent or where competency has yet to be determined is still subject to pre-adjudicatory procedures but cannot be adjudicated until judicially determined to be competent.

Senate Bill 820 requires the Department of Hunan Services to develop performance measures for substance abuse programs. The bill also requires the department to develop a quality withhold program and a work plan for automatic day-one enrollment to managed care organizations for all Medicaid enrollees.

Senate Bill 824 expands membership of the WV Motorsports Committee from five to 17 members. Members will be appointed by the Governor and will not be compensated nor reimbursed for committee service.

Senate Bill 866 amends the code to designate the State Treasurer as the chair of the WV Investment Management Board (IMB). This would take effect July 1, 2025.

Senate Bill 152 requires a poster or framed copy of the US national motto “In God We Trust” to be displayed in every main building of every public charter, elementary, and secondary school, and in state institutions of higher education.

Senate Bill 159 prohibits persons who have been convicted of certain crimes against minors from holding positions on either the state board of education or a county board of education. Some of the crimes include distribution and display to a minor of obscene matter, use of obscene matter with intent to seduce a minor, use of a minor to produce obscene matter or assist in doing sexually explicit conduct, sexual assault, and sexual abuse.

Senate Bill 222 requires the Director of the Division of Natural Resources to develop a program to encourage the use of state parks and forests by resident veterans. The bill requires the director to report on the program by December 1, 2024.

The House is in recess until 2 p.m.

Committee Meetings today, March 7
The Rules Committee will meet at 1:45 p.m. behind the House Chamber.

Fifty-Five Bills Pass out of House on Day 58

It was a busy day in the House today. With only a brief recess after third reading, the House of Delegates passed 41 bills, completing legislative action on 25 of those bills. Additionally, the House concurred with the Senate to complete nine bills.

Senate Bill 173 alters provisions relating to auto manufacturers and new vehicle dealers’ agreements. The bill clarifies dealer billing for manufacturer paid for vehicle work may include time including time communicating with manufacturer’s personnel. The bill creates a presumption of reasonableness when dealing with modifications of time allowances. The bill prohibits a successor dealer from being required to undertake major modifications within 15 years of when the predecessor made such changes. The bill prohibits the manufacturer from making unilateral changes to the manufacturer-dealer contracts. The bill also prohibits the manufacturers from skirting a franchise agreement with new lines of vehicles. The bill restricts the manufacture’s right of first refusal upon sale of the dealership. The bill also prohibits manufacturers from selling directly to customers.

Senate Bill 530 removes the requirement for a county to draft and adopt comprehensive zoning ordinances.

Senate Bill 687 clarifies that the Legislative Auditor’s powers are directed by the Speaker of the House or the President of the Senate. The Legislative Auditor has the authority to inspect properties, equipment, facilities, and records of the various spending units of a person holding office in the state government or employed by the state. Once audits are presented to the Legislature, the audit shall be published on the website. The bill removes the current audit schedule for state agencies. The amended bill adds the Joint Standing Committee on Government Organization which can request audits on state agencies.

Senate Bill 690 creates the WV Agritourism Commission. The bill states the commission will consist of 11 members including, the Commissioner of Agriculture and 10 citizen members with experience in agritourism and representing the following sectors: economic development, tourism, agriculture extension services, farm distilleries, vineyards, wineries, small farms, the Farm Bureau, equestrianism, and Farm-to-Table.

Senate Bill 732 facilitates the sharing of information relating to military members who may be the victims of crimes or potential perpetrators of crimes. The bill allows the prosecuting attorney or assistant prosecuting attorney to provide information to designated military staff upon a written request. The bill also expands the information that may be provided by military staff to include information and records about offenses that are generally confidential under state law. The bill places responsibility on law enforcement, and requests for information pertaining to an alleged offender or victim who is a member of (1) the National Guard or (2) an armed forces service component located in our state.

Several bills were amended today on second reading. The rules were suspended on five of the bills on second reading today. After being amended on second, the rules were suspended, and the bills were taken up for immediate consideration for passage.

Senate Bill 217 allows governmental entities bidding out a construction project to establish a maximum budgeted amount for the project. If all bids exceed that amount, the state entity may negotiate a contract with the lowest responsive and responsible bidder based on the original purpose of the solicitation. Any negotiated award must be made within 30 calendar days after the bid opening. The amended bill extends the sunset date by one year, to December 31, 2029.

Senate Bill 681 changes the service requirement that members of the National Guard who receive payment for a Doctor of Medicine or a Doctor of Osteopathic Medicine remain a member of the National Guard. Instead of practicing medicine in West Virginia for a minimum of 10 years, members are required they remain a member of the National Guard for a mandatory service obligation for a minimum of six years.

Senate Bill 751 allows public service and charitable organizations to hold online raffles. The bill also eliminates a section relating to county election options and adds sections requiring the use of geofencing to ensure that raffles are conducted within West Virginia.

Senate Bill 791 renames the Medical Services Fund Advisory Council to the Medicaid Advisory Committee. The bill’s purpose is to ensure its continuation as an advisory body to ensure the long-term financial stability of the state Medicaid program. The bill modifies the membership of the committee to include the Secretary of the Department of Human Services, the chairs of the finance committees for the House and Senate, the co-chairs and minority committee member from each of the House and Senate of the Legislative Oversight Commission on Health and Human Resources Accountability, the Commissioner of the Bureau of Medical Services, the state health officer, three members of the public form beneficiary advocacy organizations or associations, and one public member who is a health care actuary or CPA.

Senate Bill 874 establishes a process for political subdivisions and joint ventures of political subdivisions, private industry, and bordering states to apply to the Division of Multimodal Transportation Facilities for authorization to establish a local port authority district. The bill also appoints a board of directors to administer the district.

The House is adjourned until tomorrow, March 8, 2024, at 9:30 a.m.

Committee Meetings today, March 7
The Rules Committee will meet at 9:15 a.m. behind the House Chamber.

Senate Completes Two More Bills During Evening Session

The Senate took up the remaining bills on their Senate Calendar, completing legislative action on two measures will advancing the rest of the calendar to third reading for tomorrow.

The two bills completed this evening were House Bill 5594 – Exempting the West Virginia School of Osteopathic Medicine, West Virginia University and Marshall University from contracts, agreements, or memorandums of understanding with spending units in state government with exceptions, and Senate Bill 687 – Clarifying Legislative Auditor’s scope of authority.

The Senate is adjourned until tomorrow, March 8th at 10 a.m.

Senate Rules will meet at 9:45 a.m. in the Senate President’s Conference Room.