Saturday, May 31, 2025
Saturday, May 31, 2025
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In the House

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Bills Passed from the House

House Bill 2006 (Increasing the penalties for violating the Whistle-blower Law) would increase the penalties for violating the Whistle-blower Law and authorize the termination from employment for a violation, instead of the current allowance of a suspension not to exceed six months. This bill is now being sent to the Senate for further discussion.

House Bill 2099 (Defining the act of leaving the scene of a crash involving death or serious bodily injury as a felony; Erin’s Law) would define the act of leaving the scene of a crash involving death or serious bodily injury as a felony and establish the act of leaving the scene of a crash that does not proximately cause death or injury as a misdemeanor. The bill defines what bodily injury and serious bodily injury.

Additional House Bills

House Bill 2303 (Increasing criminal penalties for littering) would increase the fines and community service hours for littering. This bill will be on 3rd Reading Monday.

House Bill 2319 (Relating to candidates or candidate committees for legislative office disclosing contributions) would require members of the Legislature to disclose contributions and fund-raising events while the Legislature is in session. It requires the information to be provided within 5 days of the event or receipt of contribution. It requires the Secretary of State to publish such information on the Secretary of State’s website within 1 day. This bill will be on 3rd Reading on Monday.

House Bill 2167 (Creating a Silver Alert program for senior citizens) would add senior citizens to the Silver Alert program. Silver Alert is a public system to notify the public about missing senior citizens. It uses various media platforms to get information out. This bill is on the House Calendar to be read for the first time on Monday.

House Bill 2007 (Eliminating courtesy patrol programs) would eliminate the courtesy patrol programs operated by the Divisions of Highways and the Parkways Authority. The funds from this program would be re-allocated to the State Road Fund. This bill was approved by the House Committee on Roads and Transportation and will go to House Finance for discussion.

House Bill 2205 (Eliminating heating oil for residential use from the Motor Fuel Excise Tax) would exempt heating oil used for residential purposes from the Motor Fuel Excise Tax. This bill was approved by the House Judiciary Committee and is going to House Finance for discussion.

House Bill 2223 (Relating to the DEP Air Quality Board) would authorize the Department of Environmental Protection to issue a legislative rule relating to Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction and Procedures for Evaluation. The bill was approved by the House Energy Committee and is going to House Judiciary for more discussion.

House Bill 2265 (Medicine, WV Board of Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants) would authorize the Board of Medicine to issue a legislative rule relating to Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants. The bill was approved by the Committee of Health and Human Resources and is being discussed in House Judiciary.

House Bill 2123 (Making 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) 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. The bill was approved by the Education Committee and will be discussed in the Finance Committee.

House Bill 2447 (Rename Court of Claims) would rename the Court of Claims as the state Claims Commission, rename the judges as commissioners. It modifies definitions and provides explicit powers for the removal of commissioners. It would provide authority to the Joint Committee on Government and Finance for hiring a clerk, chief deputy clerk, and deputy clerks. This bill was discussed in the House Judiciary Committee.

House Bill 2103 (Making changes to the definition of contractor for purposes of the West Virginia Contractor License Act) would raise the amount required for a licensed contractor to do a construction job from $2,500 to $4,000. This bill was approved by the House Industry and Labor Committee and was sent to House Government Organization for discussion.

In the Senate

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As of 4 p.m., Friday, February 17, 2017, the 10th day of the regular session of the 83rd Legislature, 349 bills have been introduced in the West Virginia Senate. Of those bills, ten have passed and have been sent to the House for further consideration. Among those:

Senate Bill 127 would authorize the Insurance Commissioner to promulgate a legislative rule relating to Adoption of a Valuation Manual.

Senate Bill 151 would authorize the Board of Risk and Insurance Management to promulgate a legislative rule relating to the Patient Injury Compensation Fund.

Senate Bill 169 would repeal the article on providing assistance to Korean and Vietnam veterans exposed to certain chemical defoliants or herbicides or other causative agents, including Agent Orange.

Senate Bill 170 would repeal the state hemophilia program.

Senate Bill 171 would repeal Programs of All-Inclusive Care for the Elderly.

Senate Bill 174 would eliminate the jurisdiction of the Public Service Commission over the transportation of household goods.

Senate Bill 176 would repeal the article concerning the detection of tuberculosis, high blood pressure and diabetes.

Senate Bill 230 would require all law-enforcement agencies in this state to certify qualified law-enforcement officers to carry concealed firearms nationwide as provided by the federal Law-Enforcement Officers Safety Act, which would provide statutory authority necessary to give prosecuting attorneys and assistant prosecuting attorneys the option to carry firearms for self-defense pursuant to that federal act upon completion of required training and annual background check and to require law-enforcement agencies to provide qualified retired law-enforcement officers the opportunity to be certified to carry concealed firearms nationwide, under that act.

Senate Bill 233 would exclude oral communications uttered in a child care center from protection under the Wiretapping and Electronic Surveillance Act, as long as there are notices posted informing persons that their oral communications are being intercepted.

Senate Bill 237 would repeal obsolete rules relating to the Department of Revenue and the banking and insurance commissioners.

Additional Senate Bills

Senate Bill 20 would limit health insurance coverage for elective abortions to coverage provided through supplemental policies. Elective abortion exceptions are provided for certain pregnancies that threaten the life of the mother or result from rape or incest.

Senate Bill 37 would raise the legal age for purchasing tobacco, alternative nicotine and vapor products to 21.

Senate Bill 64 would require the disclosure of dark money political expenditures to allow the public to know who is paying for political advertisements.

Senate Bill 66 would modify the definition of a “terrorist act” to include the intimidation directed to either an official or employee of any branch or level of government or to members of his or her family. The bill would also apply existing criminal penalties.

Senate Bill 69 would create a bill of rights for survivors of sexual assault.

Senate Bill 76 would create the West Virginia Second Chance for Employment Act, which would expand eligibility for criminal expungement to persons convicted of certain nonviolent felonies.

Senate Bill 178 would require license plates to be placed on the front and back of all vehicles to improve public safety.

Senate Bill 193 would prohibit the use of tobacco products in a motor vehicle while individuals sixteen years of age or under are present. The bill also provides that the misdemeanor offense created by this section is a secondary offense that may only be charged if a driver has been detained for violation of another vehicle law.

Senate Bill 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.

Senate Bill 238 would increase the tax credits allowed for the rehabilitation of historic structures from 10 percent to 25 percent.

Senate Bill 260 would require the tax on fuel to be increased by an additional five cents whenever the average wholesale price of motor fuel is less than $2 per gallon.

Senate Bill 271 would prevent the State Board of Education from implementing common core academic standards and assessments, as well as establish a process and criteria for the state to develop alternate academic standards and assessments, prohibit the state board from entering into any agreement which requires implementation of common core standards, and require the state board to report to the Legislative Oversight Commission on Education and Accountability.

Senate Bill 272 would permit employers to test both prospective and current employees for drugs and alcohol.

Senate Bill 278 would permit hunting on Sundays on private land with the consent of the landowner. The bill also eliminates ballot measures pertaining to Sunday hunting and voids the results or any ballot measure prohibiting Sunday hunting.

Senate Bill 295 would provide a tax credit for modifications to homes made more accessible for an elderly person or a person with a disability.

Senate Bill 297 would increase the minimum criminal penalty for transportation of a Schedule I or II narcotic drug into the state from one to three years. These drugs include methadone, oxycodone, opium and morphine, among others.

Senate Bill 316 would require individuals receiving unemployment compensation to seek out seasonal employment.

Senate Bill 317 would authorize a family court judge to order substance abuse counseling of a child in emergency situations.

Senate Bill 324 would prohibit the Governor and the Legislature from administering equal across-the-board budget cuts to all higher education, which would protect community colleges from disproportionate budget cuts.

Senate Bill 334 would provide create the felony offense of aggravated cruelty to animals.

Budget Concerns Loom in State Capitol

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Governor Asks for Tax Hikes, Lawmakers Seek Different Approach

The first session of the 83rd Legislature will bring many challenges, perhaps the most difficult task facing West Virginia will be how to handle the state budget.

The Republican Leadership will likely see a struggle on the road ahead when figuring out necessary cuts and deciding whether or not to raise taxes.

The state budget has hovered around $13 billion in recent years. In Fiscal Year 2017, the funding to the General Revenue totals $4.2 billion, Lottery funds are $420 million, the state road fund $1.3 billion, special revenue $2 billion, and federal at $4.8 billion.

Democratic Governor Jim Justice is touting a “Save Our State” budget proposal including increasing taxes and borrowing $123 million from the state’s Rainy Day Fund. He’s also looking at increasing the sales tax and increasing the gasoline tax 10 cents to the gallon.

“If we don’t fully implement this plan, or something awfully similar to this, our state’s going to die,” Justice says in a video released about his plan.”

“We need to be all in. It needs to be where the people pay a little bit, the businesses pay a little bit, we’re all going to run across the finish line together.”

Justice says his plan will create 48,000 jobs.

Many legislators are not interested in passing any tax increases. The two leaders in the House and Senate are working together to get everyone on the same page, as well as trying to work with the new Governor.

With a Governor and Republican Legislature disagreeing, it will likely be a process to come to an agreement on how to adjust the state’s spending.

In the Senate, Senate President Mitch Carmichael, R-Jackson, said it’s disappointing the Governor is looking to raise taxes on hardworking West Virginians.

“We believe that is the wrong path,” he said. “We’re going to try our level best to hold the line on last year’s budget and work with the Governor and our legislative colleagues to bring a budget forth that spends no more than we spent last year.”

House Speaker Tim Armstead, R-Kanawha, said it is the House’s intention to review the budget rather meticulously.

“We intend to review every line item in this budget and find whatever savings we can make. We will not be afraid to challenge the status quo and cut the bureaucracy in Charleston.”

For more information, follow the House Budget Bill (HB 2018) and the Senate Budget Bill (SB 199)

House Committee on Health and Human Resources Reports Seven Bills

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The House of Delegates’ Committee on Health and Human Resources met today and reported seven bills with the recommendation that they pass. These bills were HB 2264, HB 2265, HB 2266, HB 2359, HB 2360, HB 2423, and HB 2431.

House Bill 2264 would relate to the West Virginia Board of Licensing and Disciplinary Procedures for physicians and podiatrists authorizing background checks, was amended and referred to the committee on Judiciary.

House Bill 2265 which would requires physicians assistants to obtain background checks, was amended and passed on to the committee on Judiciary.

House Bill 2266 would require licensed practitioners to register with the board of medication for distribution of controlled substances. It was amended to be a sunset law that lasts five years and was referred to the committee on Judiciary.

House Bill 2359 would align penalties of practicing osteopathic medicine without a license with the board of medicine’s penalties. It was passed to the committee on Judiciary.

House Bill 2360 would exempt DHHR from a bidding process for finding care companies. This bill was passed to the committee on Government Organization but only with a vote of 14 yeas and 9 nays.

House Bill 2423 would ban MPs and DOs from sexual conduct with patients. The bill was passed to the committee on Judiciary.

House Bill 2431 would have flu shots be required to be offered to hospital patients upon discharge and those in nursing homes. The bill was passed to the House floor.

House Bill 2366 was also discussed in detail. The bill relates to the selling of certain state owned health facilities by the Secretary of the Department of Health and Human Resources. It however was laid over to the next meeting.

Senate Education Approves SB 242, Postpones Decision on SB 18

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The Senate Education Committee has approved a bill that would modify primary and secondary school terms.

The bill, SB 242, requires that the instructional term for students begin no earlier than August 10, and end no later than June 10, except for schools operating on a balanced calendar.

The bill also increases number of two-hour blocks for faculty senate meetings from four to six and permits accrued minutes to be used for lost instructional days.

The committee also considered SB 18, which would require ACT and ACT Aspire to be used as the comprehensive statewide student assessment, but voted to postpone any decision on the bill until the next meeting.

Members raised concerns that the bill would approve a business monopoly in school testing for ACT and eliminate the choice for students to take the SAT, which is still accepted by many schools across the country.

SB 200 and SB 273 were referred to the Education sub-comittee on School Choice for more research.

Senate Health Approves Bill to Raise Tobacco Age

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The Senate Committee on Health and Human Resources has approved a bill that would raise the legal age for purchasing tobacco, tobacco-derived, alternative nicotine and vapor products to 21 from the original age of 18.

The decision on the bill, SB 37, was heavily debated and narrowly approved, with six votes for and five votes against.

Those opposed to the bill felt that it was not the state’s job to dictate the behavior of adults.

Senator Robert Karnes (R-Upshur) said it would be “absurd” to deny tobacco products to those already able to vote or enlist in war, especially since doing so would “create an entirely new class of criminals” who are already addicted to nicotine.

Dr. Rahul Gupta, commissioner of the West Virginia Bureau for Public Health, said the bill would do little to solve current addiction issues, and it would not stop the use of tobacco, as 80 percent of cigarette smokers have had their first cigarettes before the legal age of 18.

Senator Tom Takubo (R-Kanawha), Chair, said while he understands the importance of allowing people to make their own choices, tobacco use has become the most significant health issue in the state.

“This is tough,” Takubo said. “But tobacco has shown many times to be more dangerous than heroin.”

Senator Ron Stollings (D-Boone) said the change in legal age could also help save the state Medicare costs, as smoking has shown to be the “number one driver of health care costs.”

However, Karnes suggested that the change in legal age could cause the state to lose $6-7 million in tobacco sales.

Stollings also said the bill could help West Virginia to change its status as one of the top states in the nation for tobacco use.

Despite this, Senator Mike Azinger (R-Wood) said the bill seems to be “just political correctness,” since it has been proven that those who regularly use tobacco have been using it since before they were of legal age.

He also suggested the bill could be enforcing policies that lie “outside the parameters of constitutional law,” since the bill could be seen as “defining morals.”

Hawaii and California have already raised the legal age to 21 for purchasing tobacco, and many states appear to be considering such legislation themselves. 

A similar bill is pending before Congress to enact in Washington, D.C.

The committee also approved bills SB 40, SB 187 and SB 188 to go before the floor with the recommendation to pass.

Ten Bills Leave House Energy Committee

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The House Energy Committee met today and approved HB 2221, HB 2222, HB 2223, HB 2224, HB 2225, HB 2226, HB 2227, HB 2228, HB 2229, and HB 2267.

HB 2221 would authorize the Department of Environmental Protection to issue a legislative rule relating to Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations. 

HB 2222 would authorize the Department of Environmental Protection to issue a legislative rule relating to Ambient Air Quality Standards. 

HB 2223 would authorize the Department of Environmental Protection to issue a legislative rule relating to Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction and Procedures for Evaluation. 

HB 2224 would authorize the Department of Environmental Protection to issue a legislative rule relating to Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality.

HB 2225 would authorize the Department of Environmental Protection to issue a legislative rule relating to Standards of Performance for New Stationary Sources.

HB 2226 would authorize the Department of Environmental Protection to issue a legislative rule relating to the Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities.

HB 2227 would authorize the Department of Environmental Protection to issue a legislative rule relating to Emission Standards for Hazardous Air Pollutants.

HB 2228 would authorize the Department of Environmental Protection to issue a legislative rule relating to Voluntary Remediation and Redevelopment.

HB 2229 would authorize the Department of Environmental Protection to issue a legislative rule relating to Awarding of Matching Grants for Local Litter Control Programs.

The above legislation is to meet requirements set by the federal DEP.

HB 2267 would authorize the Office of Miners’ Health, Safety and Training to issue a legislative rule relating to Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors.

All legislation today will be reported to the House with recommendation that it do pass, but be referred to the Judiciary Committee first. 

Five Bills with DEP Rule Changes Pass Through Senate Energy Committee

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The Senate Energy, Industry and Mining Committee met today to discuss five bills. These bills were SB 106, SB 110, SB 111, SB 112, and SB 113. These bills contain rule modifications that promote consistency in language that goes all the way up to a federal level.

Senate Bill 106 would modify a DEP rule relating to various permits.

Senate Bill 110 would modify a DEP rule relating to emission standards for hazardous air pollutants.

Senate Bill 111 would modify a DEP rule relating to ambient air quality standards.

Senate Bill 112 would modify a DEP rule relating to voluntary remediation and redevelopment.

Senate Bill 113 would modify a DEP rule relating to awarding of matching grants to local litter control.

 

Chair of the committee, Senator Smith (R-Tucker), said this would be the last meeting regarding rule changes and from here on out it would be the “meat and potatoes.”

House Senior Citizen Issues Discuss Two Bills

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Today the Committee on Senior Citizen Issues met and discussed HB 2404 and HB 2167.

HB 2404 would bar people who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance; the bill also creates exceptions. 

HB 2167 would add senior citizens to the Silver Alert program; the bill also defines a term and provides an establishment date. Silver Alert is a public notification system to broadcast information about missing senior citizens. It uses various media outlets to get information out about the missing persons. 

Erin’s Law on Second Reading and 2 other bills on First Reading today in House

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Today, the House convened and HB 2099, also know as Erin’s Law, was read for second time. HB 2303 and HB 2319 were read for the first time. 

HB 2099 would define the act of leaving the scene of a crash involving death or serious bodily injury as a felony. The bill also establishes the act of leaving the scene of a crash that does not proximately cause death or injury as a misdemeanor and defines bodily injury and serious bodily injury. 

HB 2303 would increase the fines and community service hours for littering. 

HB 2319 would require members of the Legislature to disclose contributions and fund-raising events while the Legislature is in session. 

Committee Meetings Today

Senior Citizens Issues: 1 p.m. in 215E

Energy: 2 p.m. in 410M

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

Select Committee on Prevention and Treatment of Substance Abuse: 3:30 p.m. in 215E

Committee Meetings Tomorrow

Judiciary: 9 a.m. in 434M

Sub-Committee on Anti-Competitive Behavior: 9 a.m. in 215E

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