Sunday, June 29, 2025
Sunday, June 29, 2025
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Senate Judiciary Rejects Bill to Repeal Campaign Financing Program

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The Senate Judiciary Committee has rejected a bill that would repeal and otherwise eliminate the West Virginia Supreme Court of Appeals Public Campaign Financing Program.

The bill, SB 463, will be referred to the Senate Finance Committee after it is reported to the full Senate with the recommendation that it do not pass.

Julie Archer of the West Virginia Citizen Action Group said passage of the bill would be regressive toward efforts in the state to prevent scandal and dark monies from corrupting in Supreme Court of Appeals campaigns, as they have been in the past.

Archer said continuing the program will ultimately help to “restore some confidence in the judiciary.”

Senator Robert Beach (D – Monongalia) said the legislature should keep the program running in order to avoid having to experience another “wake-up call” because of a preventable campaign scandal.

Beach said the program would be very difficult to bring back at a later time if eliminated now.

The bill was originally introduced to try and save the state money that would have been used to help candidates run for the Supreme Court of Appeals.

Following the bill’s rejection, the committee voted to approve SB 259, which would require administrators of intestate estates to give bond and take oath.

HB 2099 and SB 219 were taken off of the agenda to be discussed in a future meeting.

Senate Committee on Banking and Insurance Reports Volunteer Fire Department Bill

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The Senate Committee on Banking and Insurance met today to discuss SB 168.

Senate Bill 168 would relate to the surcharge on fire and casualty insurance policies to fund volunteer fire departments. The increase would be from .55% to 1%. The fiscal note on the bill suggests that the bill would mean an increase in revenue for the volunteer fire departments of 10.9 million dollars.

Jill Rice, the President of the West Virginia Insurance Association, said that West Virginia has one of the highest percentage of surcharge in the nation. She also said that she couldn’t predict the impact that the bill would have.

Rice said, “This bill won’t solve the problem. This is a tax on our policy holders that won’t solve the problem.”

Sam Love, representative of the West Virginia Fire Fighters Association said that the insurance industry would like all the volunteer fire fighters out of business so they can raise their rates. He also discussed about the expenses of volunteer fire departments such as training, pump trucks, and gear. He also explained that other funding sources are not enough as some counties can’t afford to fund them, and fundraising with the boot is not enough. The bill may offset the increase in worker’s compensation rates.

The bill was referred to the committee on Finance with a recommendation that it do pass.

Senate Bill 434 was on the agenda but was carried over until the next meeting.

Gov. Org. approves WV Contractor Act

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The Committee on Government Organization approved HB 2554. I will transfer the West Virginia Contractor Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter thirty of code. The bill continues the West Virginia Contactor Licensing Board with administrative duties of board and legislative rules without the Division of Labor. The bill keeps the necessity for contractor license and exemptions, procedure for licensing, expiration date, fees and renewal of license.  It continues procedure for revocation for unlawful use, assignment or transfer of license. Also the prerequisites to obtaining building permit and mandatory written contracts. Specific administrative duties of board and record keeping by the board are provided without the Division of Labor.  The board is authorized to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license.  Misdemeanor criminal penalties for violations of article are retained.

Senate Natural Resources Approves Four Bills Related to Hunting and Wildlife

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The Senate Committee on Natural Resources has approved four bills to be reported to the full Senate with the recommendation that they pass.

SB 469 would prohibit the wanton waste of game animals, game birds or game fish.

SB 471 would make the definition of wildlife consistent with the existing definition of wildlife contained in WV Code §20-1-2.

SB 473 would clarify the circumstances in which naturally shed deer antlers may be lawfully collected, possessed and sold. The bill also clarifies that certain wildlife or parts thereof cannot be traded or bartered.

SB 474 would exempt the list of names, addresses and contact information for hunting license holders from public disclosure with certain exceptions.

All bills approved except for SB 473 will be referred to Senate Judiciary once reported to the floor.

Bill to better Treatment through TeleHealth passes in House

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Five bills passed today in the House of Delegates; they will now be sent to the Senate for further consideration. 

HB 2459 would update regulations relating to health care, define terms, and add/clarify exemptions.

HB 2509 would permit a physician to prescribe certain controlled substances when using telemedicine technologies. This would allow people who live a distance from doctor to receive treatment. 

HB 2590 would update the meaning of “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for Internal Revenue Code’s definitions and specifying effective dates.

HB 2594 would update the meaning of “federal adjusted gross income” and certain other terms used in the West Virginia Personal Income Tax Act and specify effective dates. 

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

Committee Meetings Today

Roads and Transportation: 1:45 p.m. in 215E

Finance: 2:15 p.m. in 460M

Judiciary: 2:45 p.m. in 410M

Education: 2:45 p.m. in 434M

Gov. Org.: 3 p.m. in 215E

Committee Meetings Tomorrow

Agriculture and Natural Resources: 9 a.m. in 215E

Industry and Labor: 10 a.m. in 215E

Political Subdivisions: 1 p.m. in 434M

Health and Human Resources: 2 p.m. om 215E

Pensions and Retirement: 4 p.m. in 460M

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

Nine Bills Pass the Senate Today

The Senate met today and passed nine bills. These bills were SB 190, SB 209, SB 221, SB 224, SB 263, SB 400, SB 429, SB 436, and SB 445.

Senate Bill 190 would eliminate bidding preferences for vendors bidding on state contracts for commodities or printing.

Senate Bill 209 would define the term “veteran” as it relates to veteran-owned businesses.

Senate Bill 221 would relate to the composition of the PEIA Finance Board.

Senate Bill 224 would repeal the requirement for employer’s bonds for wages and benefits.

Senate Bill 263 would create an exemption from certain contract and common carrier laws for vehicles used exclusively for transportation.

Senate Bill 400 would regard to appointments to West Virginia Infrastructure and Jobs Development Council.

Senate Bill 429 would relate to monitoring inmate communications.

Senate Bill 436 would permit investigators from the Attorney General’s Office to carry firearms during the carrying out of their duties after an exam.

Senate Bill 445 would amend the definition of “abused child.”

Bills on second reading were SB 239, SB 392, SB 442, SB 456, and HB 2318. Senate Bill 239 and House Bill 2318 were both amended.

Senate Bills 517-525 were introduced.

Senate Resolution 30 was adopted today which designated the month of March as American Red Cross Month.

Senate Resolution 31 was also adopted which recognized the contributions of southern West Virginia to the entire state and the United States of America.

The following committees meet today:

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

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

Natural Resources will meet at 1:15 p.m. in 208W.

Finance Subcommittee on DHHR will meet at 4 p.m. in 451M.

Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M.

Military will meet tomorrow at 10 a.m. in 208W.

 

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

In the House

As of 4 p.m., Friday, March 3, 2017, the 24th day of the regular session of the 83rd Legislature, 782 bills have been introduced in the West Virginia House of Delegates. Of those bills 20 have passed this week and have been sent to the Senate for further consideration. Among those:

House Bill 2740 is a supplemental appropriation bill; it would draw funds from the surplus balance of the General Revenue to supplement funding for public defenders.

Senate Bill 231 would provide that State Board of Education may delegate its Medicaid provider status and subsequent reimbursement to regional education service agencies or county boards subject to the county board determining that there is a net benefit and no detraction from the educational program of the county.

House Bill 2329 would make it unlawful to produce, manufacture, or possess fentanyl.

House Bill 2620 would create a central repository of drug overdose information in West Virginia; it establishes the reporting system requirements. It establishes reporting requirements of entities and information required to be reported. It provides for data collection and reporting; it also provides for rule-making authority, as well as criminal and administrative penalties for noncompliance.

House Bill 2646 would terminate the Women’s Commission and discontinues its functions.

House Bill 2506 would allow permit limits to be calculated using design flows recommended by the United States Environmental Protection Act for human health; specifically, the use of the harmonic mean flow. It also allows for mixing zone overlapping while retaining the application of water quality criteria that are developed for protection of drinking water. The bill will be sent to the Senate for further consideration.

House Bill 2083 would increase the felony criminal penalties for exposing children to methamphetamine manufacturing. The current penalty is one to five years. This bill increases the penalty to two to 10 years. The bill also gives meaning to “seriously bodily injury” sustained in location of the manufacturing.

House Bill 2123 would make the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority.

House Bill 2486 would prohibit the restrictions that are inconsistent with any applicable policy of insurance or the performance of insurance functions with respect to the receipt or use of medical records that are obtained by insurers in connection with insurance claims and civil litigation.

House Bill 2542 would give institutions of higher education more authority in human resources and personnel. The bill defines classified and nonclassified employees and removes mandating a temporary salary.

House Bill 2585 would create two criminal offenses relating to money laundering. They are (1) laundering criminal proceeds through financial transaction and (2) the transportation, transmission, or transfer of criminal proceeds.

House Bill 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia. The bill codifies standard procedures for resolution and determination of custody and visitation issues when a parent is deployed for national service.

House Bill 2364 prohibits 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.

House Bill 2619 adopts the National Association of Insurance Commissioners’ Risk Management and Own Risk Solvency Assessment Model Act for implementation by West Virginia insurers so that they are better equipped to assess their financial condition and remain solvent.

House Bill 2630 authorizes the Board of Medicine and the Board of Osteopathic Medicine to share stag when efficient and practical to do so.

House Bill 2648 would increase the minimum sentence by three years for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

House Bill 2651 requires nationally normed standardized achievement tests to be administered to nonpublic students the ages of seven and seventeen. It also requires that the test administrated be published or normed within ten years from the date of administration.

House Bill 2684 imposes penalties for repeat violations of the prohibition on driving under the influence on a suspended license by persons under the age of 21.

Additional House Bills

House Bill 2453 would expand the list of persons the Commissioner of Agriculture many license to grow or cultivate industrial hemp. The bill requires a statewide and a nationwide background check. This bill was referred to the Committee on Judiciary.

House Bill 2641 would treat retired natural resource officers like all other law enforcement and exempt them from the state income tax. This bill was referred to the Committee on Finance.

House Bill 2662 would prohibit the wanton waste of game animals, game birds, or game fish. The bill makes it illegal to waste game that has been wounded, killed, or taken while hunting or fishing. Hunting/fishing license could be suspended for five years; could also be fined or jailed. This bill was referred to the Committee on Judiciary.

House Bill 2566 (also known as The WV Fresh Food Act) would require that state programs purchase a minimum of 20 percent of its fresh food from in-state fresh food producers. Many questions were raised regarding this act, such as how would it be monitored, would it be more expensive, and the big one: can our farmers produces that much food in-state? As the bill reads, each institution would be required to purchase 20 percent. Institutions include schools, universities, correction facilities, and others. The bill will be on the agenda of the next meeting of the Agriculture and Natural Resources Committee.

House Bill 2520 would prohibit the use of tanning devices by a person under the age of 18. Currently, law states that persons 14 to 17 can use a tanning device with parental consent. This law would replace that law and state no one under the age of 18 shall use a tanning device. According to the dermatologist who presented, the use of these devices is directly correlated to the development of skin cancers. The bill is now being reviewed in the Judiciary Committee.

House Bill 2375 would establish a Small Business Empowerment and Economic Expansion Program providing tax relief to newly-established small businesses. This bill was amended to prevent people from dismantling their business and then reapplying for the grant with a new similar business to the one that was dismantled. This halts people from abusing the tax program. The bill was referred to the Committee on Finance.

House Bill 2548 would relate to the use of outside speakers by persons licensed to manufacture, sale, possess for sale, transport or distribute non-intoxicating beer. The bill was referred to the Committee on Judiciary.

House Bill 2725 would prevent the Board of Barbers and Cosmetologists from regulating the use of hair, nail, skin, and other beauty products that are commonly available as retail, consumer products. This bill will be on second reading Monday.

Senate Bill 116 would allow the Governor’s Committee on Crime, Delinquency and Corrections to issue a legislative rule relating to Law-Enforcement Training and Certification Standards. This bill is in the House Judiciary Committee.

In the Senate

As of 4 p.m., Friday, March 3, 2017, the 24th day of the regular session of the 83rd Legislature, 516 bills have been introduced in the West Virginia Senate. Of those bills, 22 have passed this week and have been sent to the House for further consideration. Among those:

Senate Bill 4 would allow certain licensed professionals to donate their time to the care of the indigent and the needy and to allow them to gain credit for their time against continuing education requirements needed to maintain their license.

Senate Bill 5 would provide that an offense and conviction of driving a motor vehicle under the influence of alcohol or a controlled substance committed before January 1, 1990, or before the initial issuance of a commercial instructional permit by any state may not be considered an offense for lifetime disqualification of a commercial driver’s license.

Senate Bill 9 would regulate unmanned aircraft systems (drones) and provide criminal penalties for unauthorized operation of those systems.

Senate Bill 80 would equalize the criminal penalty for entering without breaking regardless of the time of day.

Senate Bill 125 would authorize the Health Care Authority to promulgate a legislative rule relating to the Hospital Assistance Grant Program.

Senate Bill 164 would change special load limits on traffic regulations to make it easier for trucks to carry telephone poles and not need special permits to do so.

Senate Bill 180 would prohibit the Public Service Commission from exercising jurisdiction over Internet protocol-enabled service or voice over Internet protocol-enabled service and transactions involving telephone company entities under common ownership.

Senate Bill 204 would require that persons appointed to fill a vacancy by the Governor have the same qualifications for the vacated office and receive same compensation and expenses for the office otherwise provided by law.

Senate Bill 214 would adopt the Uniform Electronic Legal Material Act to preserve and protect certain legal material in official electronic records that may be unavailable in physical form.

Senate Bill 231 would allow the State Board of Education to delegate its Medicaid provider status and subsequent reimbursement to regional education service agencies or county boards, subject to the county board determining that there is a net benefit and no detraction from the educational program of the county.

Senate Bill 225 would permit magistrates to conduct a proceeding for a temporary emergency protective order dealing with a temporary custody order entered by a family court.

Senate Bill 261 would increase the salary or wages of a judgment debtor, that may be exempt from execution by a judgment creditor, who is an employee of state, a state agency, or any political subdivision of the state, from 30 to 50 times the federal minimum hourly wage (then in effect).

Senate Bill 321 would provide minimum reporting requirements for employee information to the Consolidated Public Retirement Board.

Senate Bill 330 would make technical corrections to the definitions of the West Virginia Workplace Freedom Act, as well as repeal provisions relating to the statutory construction of the act.

Senate Bill 337 would allow the Division of Corrections to hire a person as a Correctional Officer no matter their placement on the correctional officer register.

Senate Bill 345 would allow hunting and trapping throughout the state on Sundays.

Senate Bill 346 would exempt any motor vehicles which are engaged exclusively in the nonemergency medical transportation of Medicaid members from the jurisdiction of the Public Service Commission.

Senate Bill 347 would modernize the Physician Assistants Practice Act by altering the make-up of the Board of Medicine to include a second physician assistant, allowing physician assistants to prescribe Schedule II and Schedule III drugs in certain circumstances, eliminating the need for a recertification exam once the physician assistant is board certified and allowing physician assistants to be reimbursed at the same rate as physicians and advance practice registered nurses.

Senate Bill 349 would repeal outdated code related to the Department of Corrections.

Senate Bill 410 would permit the West Virginia Division of Natural Resources identification tag to be used to identify a trap.

Senate Bill 426 would repeal the Division of Natural Resources’ legislative rule relating to the Litter Control Grant Program.

Senate Bill 439 would clarify that because Salem Correctional Center lies in two counties, and the Courts of both Counties have expressed concern regarding venue, that venue shall lie in Harrison County for all actions.

Additional Senate Bills

Senate Bill 6 would create the Tim Tebow Act to permit students instructed at home, by a private tutor or enrolled in a private, parochial or church school or a school operated by a religious order, who do not attend a school that is a member of the West Virginia Secondary School Activities Commission to participate in extracurricular athletic or other extracurricular activities at a school that is a member of the commission.

Senate Bill 16 would repeal a tax credit provided for wind power projects.

Senate Bill 27 would permit home-based, micro-processing foods to be sold at farmers markets. The bill establishes permit requirements and limitations, inspection standards and permits fees.

Senate Bill 47 would exempt employers that have as one of their primary purposes or objectives to discourage the use of tobacco products by the general public or whose principal business is the operation of a health care facility that provide treatment to patients with life threatening illnesses caused by or related to the use of tobacco products from discriminating against tobacco users.

Senate Bill 70 would change human trafficking from a criminal offense to a felony offense and provide new penalties for certain actions.

Senate Bill 175 would permit the practice of direct primary care that is sought outside of an insurance plan, or outside of the Medicaid or Medicare program.

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

Senate Bill 208 would modify the crime of fleeing the scene of an accident involving injuries. It also increases criminal penalties when there is a death proximately resulting from the accident.

Senate Bill 227 would allow a person to carry a firearm for self-defense in woods and in state parks, state forests, wildlife management areas and on state rail trails in general, but with limitations for rifles and shotguns in certain areas.

Senate Bill 251 would create a pilot program to establish school-based mental and behavioral health services for students and families as an alternative to the standard disciplinary measures.

Senate Bill 293 would provide a $2,008 increase in the annual salary of employees of the Division of Corrections.

Senate Bill 348 would prohibit local authorities from allowing parking along U.S. or primary state highways when doing so reduces flow of traffic to less than one lane of traffic moving in each direction.

Senate Bill 380 would create a two-year pilot program permitting recreational vehicles on designated roads and trails in Cabwaylingo State Forest after purchase of special permits.

Senate Bill 410 would permit the West Virginia Division of Natural Resources identification tag to be used to identify a trap.

Senate Bill 423 would allow group homes in West Virginia with greater than four members to continue to offer services to up to eight current residents by seeking either a waiver to allow these services or a state plan amendment.

Senate Bill 445 would amend the definition of an “abused child” to include children conceived as a result of a sexual assault.

Senate Bill 485 would provide loan insurance for commercial loans used for the expansion of broadband service to unserved or underserved areas.

Senate Bill 493 would provide an increase in compensation for conservation officers.

Senate Bill 499 would dedicate half of the annual severance tax on Marcellus and Utica natural gas to retired public employees.

Senate Bill 503 would create a Library Facilities Improvement Fund to support construction, maintenance and improvement projects for library facilities.

Human Trafficking Bill passes House on Third Try

Increasing Reports Shine Light on Issues

West Virginia legislators strive to create legislation to establish and strengthen criminal offenses relating to human trafficking. HB 2318 would create a felony offense of patronizing an individual to engage in commercial sexual activity. This is the third year legislation of its kind has been introduced in the state’s Legislature, because previous legislation had technical issues.

Human trafficking reports have been on the rise in the United States. Higher reports are related to hotlines and a textlines emerging to reach out to victims, as well as more states creating tougher penalties for the crime.

Sen. Ed Gaunch, R-Kanawha, sponsored similar legislation in the past.

“The topic has continued to grow in importance,” Gaunch said. “It’s a sign of our time, we all get comfortable in our surroundings and pretend it isn’t happening.”

Reports show there are between 20 and 30 million people enslaved in the world today. Eighty percent of human trafficking victims are female and 50 percent are children.

Gaunch said it’s affecting more and more people every year, and needs attention called to it while providing solutions like the legislation introduced again this year.

Human trafficking takes many forms: domestic servitude, forced labor, sex trafficking, bonded labor, forced marriage, and child labor.

Human trafficking is the third largest international crime industry, behind illegal drugs and firearms trafficking. It reportedly generates $32 billion a year and $15.5 billion is made in industrialized countries.

Delegate Barbra Fleischauer, D-Monongalia, is the lead sponsor on this year’s legislation, HB 2318.

“The thought is you can sell a drug once, but you can sell a person many, many times. It’s a very gruesome thought,” Fleischauer said.

Human trafficking is on the rise in West Virginia because the state is lagging in stronger laws related to the subject. West Virginia is susceptible to human trafficking because of its interstates, poverty and unemployment rates, drug issues, the number of children in foster care, and the number of children subject to abuse and neglect.

“We still have a long way to go, this is the first step in the process. We know of human trafficking cases, but haven’t had any prosecution,” Fleischauer said.

According to proponents of the bill, its passage would lead to more prosecutions related to this crime.

Fleischauer said the next step would be counseling for the victims.

Bills Related to Kidnapping and Drug Violations Approved by Senate Judiciary

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The Senate Judiciary Committee has approved three bills to be reported to the floor with the recommendation that they pass.

SB 206 would expand the definition of kidnapping to including taking or gaining custody of, confining or concealing another person by force or threat of force; or by duress, fraud, deceit misrepresentation or enticement.

Lead sponsor for the bill Senator Ryan Weld (R – Brooke) said there was too much “wiggle room” in the language of the original definition that would not adequately protect those threatened with kidnapping.

SB 220 would create a new felony offense for a drug delivery that results in the death of another person and providing a felony criminal penalty.

Senator Robert Karnes (R – Upshur) said he was concerned that the bill might interfere with a current law enacted in 2015 from SB 523 that grants limited immunity from prosecution for certain misdemeanor offenses for a person who seeks emergency medical assistance for someone who is experiencing a drug or alcohol overdose.

Committee counsel Tom Smith ensured the bill would not conflict with the current rule.

Senator Charles Trump (R – Morgan), Chair, took SB 219 off of the agenda at the start of the meeting to be discussed at a future date.

The next meeting for the Judiciary was not announced.