Saturday, June 14, 2025
Saturday, June 14, 2025
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In Case You Missed It… 2024 Completed Legislation, Part 6

(2575 Introduced Bills; 877 were introduced in the Senate; 279 Completed; 156 Senate Bills)

Senate Bill 540 updates the West Virginia coordinate systems.

Senate Bill 542 amends the procedure for filling a vacancy in offices of county commissioners having more than three commissioners.

Senate Bill 543 relates to research and economic development agreements for state institutions of higher education. It includes economic development as part of the mission for higher education research corporations.

Senate Bill 544 raises the threshold from $25,000 to $50,000 for the requirement of bids for municipal public works projects.

Senate Bill 547 authorizes legislative rules for the Higher Education Policy Commission.

Senate Bill 548 amends the appellate jurisdiction of the Intermediate Court of Appeals.

Senate Bill 551 modifies requirements related to the levying of service fees.

Senate Bill 557 establishes that firefighters are entitled to compensation for an entire holiday shift, even if only a portion of the shift falls on the holiday.
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 makes holiday pay for municipal firefighters’ uniforms across the state.

Senate Bill 574 is a supplemental appropriation to the Division of Highways.

Senate Bill 578 clarifies that the offense of burglary involves a dwelling or outbuilding belonging to another.

Senate Bill 583 provides a streamlined process for evaluating an employer’s liability for personal injury and wrongful death claims involving operators of commercial motor vehicles. The bill also limits noneconomic damages in such actions to $1 million per plaintiff with certain exceptions.

Senate Bill 587 allows the State Fire Commission to propose legislative rules and promulgate interpretive and procedural rules for legislative approval.

Senate Bill 600 deals with the criteria for receiving reenlistment or retention bonuses for National Guard members. Under the bill, the Adjutant General can establish a program to provide enlistment bonuses to eligible prospects who become members of the West Virginia National Guard.

Senate Bill 602 will ensure schools and athletic events have a practiced plan of action in place to deal with cardiac emergencies when they arise. The bill highlights key pieces required for an effective cardiac emergency response plan. It will establish a response team, and circulate the plan throughout the school and it requires practice drills in preparation for a real emergency.

Senate Bill 603 amends the definition of “commercial solid waste facility” to exclude any solid waste facility that accepts solid waste collected by the owner or operator (or its affiliate(s)) of the solid waste facility for consolidation and subsequent transport to a disposal or recycling facility.

Senate Bill 605 requires electronic funds transfer of retirement contributions by employers participating in the Consolidated Public Retirement Board.

Senate Bill 606 clarifies payment upon death of members with less than 10 years of service.

Senate Bill 607 clarifies Municipal Police Officers and Firefighters Retirement System surviving spouse benefits.

Senate Bill 610 clarifies the authority of the Water Development Authority to appoint employees, officers, managers, attorneys, independent contractors, and consultants as necessary. The bill fixes their compensation and prescribes their duties in certain circumstances outside the classified civil service system.

Senate Bill 613 establishes the West Virginia Residential Mortgage Lender, Broker, and Servicer Act. This bill updates the law related to mortgage lender and broker regulation to align control of a licensee and key individuals with other regulatory programs. The legislation allows West Virginia to participate in and accept multistate examinations as well as application information and decisions to reduce the regulatory burden on licensees. Finally, the bill brings West Virginia into conformity with a majority of jurisdictions by permitting remote work for mortgage loan originators.

Senate Bill 623 requires the Division of Motor Vehicles to provide images of persons issued any identification or license to the Secretary of State for voter identification purposes.

Senate Bill 624 authorizes the cancellation of voter registration records for individuals no longer West Virginia citizens who have obtained a driver’s license in another state.

Senate Bill 628 declares certain claims against the state to be moral obligations of the state and authorizes payments.

Senate Bill 631 prohibits municipalities from shutting off a user’s water for nonpayment of a stormwater fee. The bill allows for municipalities to impose a lien to obtain payment but prohibits municipalities from shutting off services for nonpayment.

Senate Bill 632 continues the study group on competency and criminal responsibility, adds brain injuries to the subjects to be studied, amends the membership of the study group, establishes a steering committee within the study group, sets a deadline for the report to be presented and dictates which offices and committees the report should be submitted, and permits the steering committee to seek funding.

Senate Bill 643 is a supplemental appropriation bill to increase an item of appropriation in the Department of Education, School Building Authority account for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 644 is a supplemental appropriation bill to add new items of appropriation in the Department of Commerce, Division of Forestry, and Geological and Economic Survey for the designated spending units for expenditure during the fiscal year 2024.

Senate Bill 649 clarifies that senior-status intermediate court judges and family judges are subject to the same per diem compensation limits as senior circuit court judges. This addresses a possible gap in the code created after the creation of the intermediate court of appeals and the inclusion of the family court judges in the judicial retirement system.

Senate Bill 650 is a supplemental appropriation bill to increase an existing item of appropriation to the Higher Education Policy Commission, Fairmont State University for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 652 is a supplemental appropriation bill to add new items to the DHHR, Health Facilities for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 653 is a supplemental appropriation bill to add new items to the School Building Authority, School Construction Fund for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 656 is a supplemental appropriation bill to add new items to the DHHR, Division of Human Services for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 657 Expires funds from Excess Lottery Revenue Fund to General Revenue.

Senate Bill 658 is a supplemental appropriation bill to add new items to the Department of Administration, Public Defender Services for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 661 expires funds from Lottery Net Profits to General Revenue Surplus.

Senate Bill 663 is a supplemental appropriation bill to add new items to the Division of Administrative Services, Criminal Justice Fund for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 665 is a supplemental appropriation bill to add new items to the DHHR, Division of Health for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 667 relates to the creation of the Physicians Licensure Compact. The bill provides for a purpose. The bill creates definitions. The bill provides for state participation in the compact. The bill creates the compact privilege. The bill provides for the designation of the state from which the licensee is applying for a compact privilege. The bill defines adverse actions. The bill provides for the establishment of the PA Licensure Compact Commission. The bill defines the data system. The bill provides for rulemaking. The bill provides for oversight, dispute resolution, and enforcement. The bill provides for the date of implementation of the PA Licensure Compact Commission. The bill provides for construction and severability. Finally, the bill creates the binding effect of the compact.

Senate Bill 668 increases the amount of ephedrine, pseudoephedrine, or phenylpropanolamine a person may purchase annually.

Senate Bill 679 regulates certain plant-based derivatives, hemp-derived cannabinoid products, and Kratom.

Senate Bill 681 revises the mandatory service obligation for the National Guard doctor of medicine or doctor of osteopathic medicine degree program.

Senate Bill 687 makes changes to the Legislative Auditor’s scope of authority. The legislation puts the Legislative Auditor under the authority of the Joint Committee on Government and Finance, and specifically under the authority of the Speaker of the House and the President of the Senate. It clarifies that the Legislative Auditor does not have independent hiring authority, giving those powers to the joint committee. It eliminates fixed schedules for audits and makes audits up to the discretion of the Senate President and House Speaker. The bill also removes requirements in the code for audits to be conducted based on generally accepted government accounting standards used by the Financial Accounting Standards Board (FASB) and the Governmental Accounting Standards Board (GASB).

Senate Bill 690 creates a commission on West Virginia Agritourism to review and investigate means of preserving our farmland and growing our agricultural tourism and agricultural economic development. The commission will also recommend to the Legislature that appropriate legislation be enacted, establishing regulatory and legislative relief to foster the development and growth of Agritourism and successful farms.

Senate Bill 695 supplements and amends appropriations to Energy Assistance, TANF, and Child Care and Development

Senate Bill 696 supplements and amends appropriations to the Department of Homeland Security, Division of Emergency Management

Senate Bill 697 supplements and amends appropriations to DHHR, Consolidated Medical Service Fund

Senate Bill 698 supplements and amends appropriations to DHHR, Division of Human Services

Senate Bill 699 supplements and amends appropriations to DHHR, Child Support Enforcement Fund

Senate Bill 700 supplements and amends appropriations to Miscellaneous Boards and Commissions, Hospital Finance Authority

Senate Bill 701 supplements and amends appropriations to the Department of Education, School Construction Fund

Senate Bill 702 supplements and amends appropriations to DHHR, Laboratory Services Fund

Senate Bill 703 supplements and amends appropriations to the Department of Homeland Security, WV State Police

Senate Bill 704 supplements and amends appropriations to PSC, Motor Carrier Division

Senate Bill 705 supplements and amends appropriations to PSC

Senate Bill 707 supplements and amends appropriations to the Department of Commerce, Division of Natural Resources

Senate Bill 708 Supplements and amends appropriations to the Department of Agriculture, WV Spay Neuter Assistance Fund.

Senate Bill 709 Supplements and amends appropriations to the Department of Arts, Culture, and History, National Coal Heritage Area Authority.

Senate Bill 710 Supplements and amends appropriations to the State Board of Education, Aid for Exceptional Children

Senate Bill 712 revises the statute to reduce the minimum age for a cadet for the West Virginia State Police from the age of 21 to the age of 18.

Senate Bill 730 clarifies the sheriff’s commission compensation for the job duty of tax collector for the county at $15,000.

Senate Bill 732 requires cooperation between law-enforcement agencies and military authorities. The legislation provides that prosecuting attorneys may assign an assistant prosecutor to assist the National Guard or other military authority within the state. It also dictates that law enforcement is required to share certain information with military authorities regarding military members.

Senate Bill 751 creates and legalizes online charitable raffles.

Senate Bill 752 authorizes the Department of Agriculture to complete certain land transfers.

Senate Bill 755 provides safeguards when retail sellers engage in online delivery sales of tobacco products, tobacco-derived products, or vapor products via online certification. The bill permits retail sellers to engage third-party remote delivery services to carry out delivery sales to consumers.

Senate Bill 768 provides an exception to the confidentiality of child welfare records to allow the sharing of confidential information with law enforcement agencies and the National Center for Missing and Exploited Children.

Senate Bill 778 amends and adds certain qualifying offenses to enhance the sentence of a repeat offender.

Senate Bill 782 defines local permitting deadlines and extensions for applications for a permit, license, variance, or any other type of prior approval from a governing body or planning commission of a municipality or county for an action related to the development or improvement of the property.

Senate Bill 786 modifies the date for implementing massage establishment licensure and provides authority for the board to issue an emergency order halting establishment operation until the establishment complies.

Senate Bill 790 changes the reference to the Curator of the Department of Arts, Culture, and History to Cabinet Secretary.

Senate Bill 802 includes in the definition of “motor vehicle” a self-propelled vehicle designed primarily for, and used in, the occupation or business of farming, with a horsepower unit of 20 or greater; and the right to bring an action for breach of warranty involving a self-propelled vehicle designed primarily for and used in farming.

Senate Bill 803 provides that real property occupied by an immediate family member or former spouse of the owner exclusively for residential purposes be included in class two for assessment and taxation purposes. The bill also defines “immediate family member”.

Senate Bill 806 removes several required submissions to the Legislative Oversight Commission on Education Accountability (LOCEA) and removes a requirement for LOCEA to review the progress and implementation of the comprehensive systems of support for teacher and leader induction and professional growth.

Senate Bill 820 requires the Department of Human Services to create a program to improve the quality of care rendered to the substance use disorder population by applying automatic enrollment.

Senate Bill 824 expands the membership of the West Virginia Motorsport Committee from five to 18 members, including the chairperson.

Senate Bill 826 harmonizes the treatment of reciprocal deposit arrangements to satisfy security for public deposits from county commissions, municipal corporations, and boards of education. Current code sections relating to public deposits from municipal corporations and school boards provide two separate authorizations for depository institutions to employ reciprocal deposit arrangements to satisfy each security requirement. This bill will allow depository institutions to serve county commissions uniformly to municipal corporations and school boards.

Senate Bill 827 relates generally to salvage yards and defines regional distribution and dismantling centers. The bill also provides for a specialized regional distribution and dismantling license.

Senate Bill 834 adds a member to the Motor Vehicle Advisory Board and specifies that one of the members must be a representative of automobile auctions of primarily salvage vehicles.

Senate Bill 837 authorizes Public Defender Corporations until July 1, 2025, to reorganize offices to conform to the circuit reconfiguration enacted during the 2023 Regular Session of the Legislature.

Senate Bill 841 sets the amount of employment taxes and benefits, modifies the calculation of the taxable wage base, and modifies the methodology for calculating the maximum benefit rate.

Senate Bill 844 changes the name of the “Educational Broadcasting Authority” to the “Educational Broadcasting Commission.”

Senate Bill 850 Updates the Consumer Credit and Protection Act by defining terms, removing commercial tort claims exclusion from the definition of litigation financing, and excluding certain non-profit organizations from the definition of litigation financing.

Senate Bill 858 clarifies that taxpayers must begin requesting reconsideration of property valuation, classification, or taxability with their county assessor’s office. This request may be in writing, in person, or over the phone. Further, the taxpayer must file a written petition in certain instances before seeking an appeal at the Office of Tax Appeals.

Senate Bill 864 Clarifies the reporting requirements of the Grant Transparency and Accountability Act. The bill clarifies what grants are subject to reporting requirements, defines terms, and makes technical clarifications.

Senate Bill 865 changes the “Curator” of the Department of Arts, Culture, and History to the “Cabinet Secretary” of the Department of Arts, Culture, and History. The bill also adds the Educational Broadcasting Authority as a section under the department, as a separate, but not independent, agency. The legislation adds the Educational Broadcasting Commission to the list of citizens commissions.

Senate Bill 866 designates the State Treasurer as the chairperson of the West Virginia Investment Management Board effective July 1, 2025. The bill requires said chairperson to appoint a chief executive officer subject to board approval.

Senate Bill 868 is a supplemental appropriation to the Department of Commerce, Geological and Economic Survey.

Senate Bill 871 is a supplemental appropriation to the Department of Veterans’ Assistance, Veterans’ Facilities.

Senate Bill 872 relates to county fire service fees.

Senate Bill 873 sets the schedule for tax installment payments.

Senate Bill 874 relates to the West Virginia Division of Multimodal Transportation.

Senate Bill 875 relates to certain insurance coverage provided by BRIM.

Senate Bill 876 supplements and amends appropriations to the Department of Health and Human Resources, Health Facilities.

Senate Bill 877 supplements and amends appropriations to the Higher Education Policy Commission.

In Case You Missed It… 2024 Completed Legislation, Part 5

(2575 Introduced Bills; 877 were introduced in the Senate; 279 Completed; 156 Senate Bills)

Senate Bill 2 authorizes the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations.

Senate Bill 17 authorizes the Department of Health to promulgate a legislative rule relating to public water system operators.

Senate Bill 31 authorizes the Department of Human Services to promulgate a legislative rule relating to the collection and exchange of data related to overdoses.

Senate Bill 36 authorizes the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to law enforcement training and certification standards.

Senate Bill 50 authorizes the Insurance Commissioner to promulgate a legislative rule relating to AIDS regulations related to insurance.

Senate Bill 60 authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to motor vehicle titling.

Senate Bill 142 clarifies that an annual report with a $25 filing fee must be filed and paid between January 1 and June 30 of each year following the calendar year in which a business was registered in West Virginia.

Senate Bill 146 creates the adult education task force to study and consider funding options, existing funding sources, and the best approach to providing direct funding for adult learning centers.

Senate Bill 147 adds the definition of “ammunition” to obtain a state license to carry concealed deadly weapons.

Senate Bill 148 establishes an auto-renewal program for wildlife licenses.

Senate Bill 149 relates to municipalities required to be represented on county authority boards and establishes that only municipalities with 1,000 or more residents are required to be represented on a county authority board.

Senate Bill 159 prohibits persons convicted of certain crimes against minors from holding positions on boards of education.

Senate Bill 164 relates to trespass generally, including a provision that a person convicted with liability resulting from trespass is “liable to the victim in an amount equal to twice the monetary value of any damage or waste he or she caused to the property which includes the cost of cleanup.”

Senate Bill 166 updates contested election procedures and events through sections of the state election code. It moves election contestations from county commissions to circuit courts and gives a right to appeal to the state Supreme Court of Appeals. It also provides procedures for recounts that must be followed before an election can be contested. Finally, it clarifies that the burden of proof lies with the party that initiated the contest.

Senate Bill 170 includes three types of cancer for which rebuttable presumption of injury from employment exists for firefighters and provides that the presumption for the three types of cancer expires July 1, 2027, unless extended by the Legislature.

Senate Bill 171 prohibits county commissions from passing ordinances or rules stricter than state law regarding agricultural operations.

Senate Bill 172 revises the requirements of local school improvement councils (LSIC). The bill changes the makeup of the LSIC by removing the requirement of a bus driver as one of the ESP members and gives the principal the ability to appoint the three parent/guardian/custodian members instead of a PTO election. The bill requires minutes to be taken at every meeting and then made available to the public on the school’s website. The bill also requires the state board to ensure training in the role and governance of LSICs would be provided to principals, county boards, and others the state board determines appropriate, upon employment and every three years thereafter.

Senate Bill 173 restricts the right of first refusal for the manufacturers and distributors of automobiles when it comes to buying in-state dealerships under certain circumstances.

Senate Bill 190 modifies the definition of “sexual contact” in state law by removing the exemptions for sexual abuse by a spouse.

Senate Bill 200, the Budget Bill, outlines the state’s 2025 fiscal year budget, which totals $4.996 billion.

Senate Bill 217 authorizes the state and its subdivisions to negotiate lower prices for construction when all bids received exceed the maximum budget.

Senate Bill 222 states: “The Department of Tourism and the Department of Veterans’ Assistance, shall develop a comprehensive plan for the development of, and support for, a program which encourages the use of state parks and forests by veterans of this state. The plan may include, without being limited to, reduced or discounted rates on charges for campground rental fees, lodging, and park activities.”

Senate Bill 240 increases fees charged by sheriffs to increase the portion of fees directed to the Deputy Sheriff Retirement Fund

Senate Bill 261 creates the West Virginia Veterans’ Home Loan Mortgage Program Act of 2024. The program would be open to veterans and members of the National Guard and Reserves who are first-time homebuyers and would allow them to obtain home mortgage loans that are at least one percentage point lower than rates available in the marketplace or through other housing programs. The bill’s language requires the veteran to contribute a minimum amount of $2,500 toward the purchase. The required contribution may go toward paying any closing costs incurred by the veteran. There is no limit on the maximum amount of income that may be earned by an eligible veteran for the reduced-rate loan. The program will be administered by the West Virginia Housing Development Fund.

Senate Bill 262 clarifies the procedure for the administrative dissolution of corporations by the Secretary of State.

Senate Bill 269 excludes drug test strips from the definition of drug paraphernalia and specifies that the possession, sale, and purchase of drug test strips is not prohibited in the state.

Senate Bill 280 allows teachers to discuss all scientific theories and creationism theories in public schools.

Senate Bill 300 continues the role of a separate, autonomous Office of the Inspector General. The Department of Health shall provide administrative support upon request.

Senate Bill 318 requires that adoption petitions be filed only after a biological parent’s appeal has been denied, or their allotted time to file such an appeal has elapsed.

Senate Bill 325 deals with the distribution of drugs to safety net providers and contract pharmacies. Under a federal program, it would have pharmaceutical companies cut costs on many drugs sold to pharmacies by 50 percent.

Senate Bill 331 allows counties to save excess funds by eliminating the cap on the maximum amount of money in a county’s financial stabilization fund.

Senate Bill 354 creates the West Virginia Advanced Energy and Economic Corridor Authority Commission. The legislation addresses economic development along the King Coal Highway that once completed will run through McDowell, Wyoming, and Mercer counties among others in the state. The authority will consist of 15 members involved in economic, commercial, or industrial development in the region.
One representative will be chosen by the governor from five counties. Others involved in the authority will include region one and region two planning representatives as well as private sector groups and a utility company member. Once representatives are established on the authority they will begin giving annual reports to the legislature that will highlight projects and partnerships dealing with the King Coal Highway.

Senate Bill 370 corrects the court for appeals of level 3 decisions. Per SB 275 (2021), effective July 1, 2022, the Intermediate Court of Appeals is the proper appellate court for appeals of level 3 decisions issued by the Public Employees Grievance Board.

Senate Bill 378 prohibits smoking in a vehicle when a minor 16 or under is present. It is a secondary misdemeanor offense.

Senate Bill 400 establishes a waiver of the requirement to obtain a certificate of public convenience and necessity for projects that are approved by the Infrastructure and Jobs Development Council and funded by ARPA/SFR monies through Economic Enhancement Grant Fund grants. The waiver expires on January 1, 2025.

Senate Bill 428 establishes appeals from administrative rulings are to be filed with the Intermediate Court of Appeals.

Senate Bill 429 provides additional options for farm-use vehicle tag placement.

Senate Bill 430 establishes the West Virginia Rent-to-Own Act, providing several regulations in rent-to-own agreements.

Senate Bill 438 modifies roster requirements of authorizing entities. This relates to requirements for rosters of individuals who have obtained professional, occupational, and trade licenses, registrations, and certificates made available to the public; establishes exceptions for certain authorizing entities; and removes geographical information from rosters.

Senate Bill 439 authorizes certain 911 personnel to be members of the Emergency Medical Services Retirement System under certain circumstances.

Senate Bill 445 reduces the certification periods for EMS personnel from four years to two years to align certification periods with those of the National Registry of Emergency Medical Technicians and to reduce the certification renewal fees to correspond with the shorter certification period. The bill also requires the Office of Emergency Medical Services to publish disciplinary actions taken against certified EMS personnel on its website.

Senate Bill 451 directs the Prosecuting Attorneys Institute to establish a training program for all newly appointed or newly elected prosecuting attorneys.

Senate Bill 452 designates certain water and wastewater facilities as emergency projects.

Senate Bill 453 requires any pharmacy benefit manager (“PBM”) who contracts with PEIA to be entirely transparent in providing its full data around pricing and payments for drugs and to pharmacies.

Senate Bill 461 extends when the Fort Henry Economic Opportunity Development District may be abolished or terminated and increases the land area within The Ridges Economic Opportunity Development District subject to the special district excise tax.

Senate Bill 462 is the yearly bill that updates definitions of certain terms used in the Personal Income Tax Act.

Senate Bill 466 requires the state board of education to develop a Safety While Accessing Technology education program. The program will teach students to understand and navigate potential dangers they may face online and on social media platforms. The program will be taught once a year in grades 3 through 12.

Senate Bill 475 requires more review and regulations for unscrupulous substance use disorder recovery residences. The bill is intended to crack down on operators who often pack clients into substandard dwellings and treatment practices to skim federal grant dollars from those who want to get clean and sober.

Senate Bill 477 prohibits the public disclosure of personal information on the Internet.

Senate Bill 482 makes changes regarding the Ethics Commission’s rulemaking requirements. The bill modifies the definition of lobbying; removes the ability of the commission to promulgate rules regarding registration of persons exempt from lobbying requirements; removes the requirement that lobbyists’ photographs meet specifications established by rule, removes the requirement that the commission establish a fee for lobbyist training by rule; and establishes that sponsors of grassroots lobbying campaigns report certain information on expenditures over $5,000.

Senate Bill 483 is the yearly bill that amends the Corporation Net Income Tax Act.

Senate Bill 487 requires periodic review of professional development for teachers and education staff. The review will happen every five years.

Senate Bill 503 protects belief-based student organizations at higher education institutions from certain types of discrimination.

Senate Bill 504 modifies elements of a felony offense pertaining to when a school employee or volunteer engages in sexual intercourse, intrusion, or contact with students.

Senate Bill 507 repeals WV EDGE. The WV EDGE program became unnecessary with the passage of the dual enrollment pilot program.

Senate Bill 529 includes Salem University in the PROMISE Scholarship Program.

Senate Bill 530 removes the requirement for counties to draft and adopt zoning ordinances.

Senate Bill 533 allows an emergency medical services agency to triage and transport a patient to an alternative destination in the state or treat in place if the ambulance service is coordinating the care of the patient through medical command or telehealth services. The bill requires insurance plans to provide coverage for those services.

Senate Bill 539 creates a new centralized database for West Virginia’s cold cases. Law enforcement agencies across the state will be able to send information to the Fusion Center where it will then be compiled into one database where agencies will be able to collaborate and even see possible patterns. The database will include unsolved violent crimes, sex crimes, missing persons and unidentified human remains. The bill also creates partnerships between the Fusion Center, Marshall University, and West Virginia State Police in the use of this database and technology.

In Case You Missed It… 2024 Completed Legislation, Part 4

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

House Bill 5349 creates the West Virginia Truth in Food Labeling Act. The bill requires certain labeling to be present on food items such as “meatless,” “plant-based,” “cell-cultured,” and “lab-grown.”

House Bill 5395 repeals the code requiring the Board of Review to be a party to all judicial actions involving its decisions. The bill also provides that appeals of unemployment benefits shall be to the Intermediate Court of Appeals rather than the Circuit Court of Kanawha County. Additionally, the bill makes the commissioner’s participation in an appeal discretionary, as opposed to required.

House Bill 5405 allows the DOE to use the funding it already has for professional development to train less than certified FTEs. The $15 million, which is already in the DOE’s budget, will be used to train the 1700 noncertified FTEs, new teachers, and certified teachers looking to expand their experience.

House Bill 5430 authorizes the Supreme Court of Appeals to pay newly appointed or elected circuit judges, family court judges, and magistrates per diem compensation and expenses for attending training and education sessions prior to taking the oath of office and beginning their term.

House Bill 5432 moves the functions of the outdated Information Services and Communications Division into the Office of Technology. The bill authorizes the Office of Technology to assist the Executive Branch in developing agency data retention policies and directives. The bill has completed legislative action.

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 5510 provides penalties for criminal offenses of intimidation or retaliation against public officers and employees, jurors, and witnesses.

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 5520 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.

House Bill 5528 increases the allowed megawatts of generated capacity by regulated utilities to 100 megawatts.

House Bill 5540, Laken’s Law, requires public schools to provide fentanyl prevention and awareness education. Students shall be instructed on how to use FDA-approved opioid reversal agents and how to prevent the abuse and addiction to fentanyl.

House Bill 5549 authorizes the DMV to secure license plates from an alternative source if the Division of Corrections and Rehabilitation is unable to provide a six-month supply due to shortages of resources or labor.

House Bill 5561 updates the WV Uniform Trust Code to allow for e-signatures on trust documents.

House Bill 5569 prohibits the requirement that appraisers pay for background checks.

House Bill 5582 clarifies a licensing requirement exemption for evaluations of real estate that serve as collateral for a loan from a financial institution insured by FDIC. The bill adds requirements intended to make it clear to borrowers that the evaluation was not performed by a licensed real estate appraiser. The bill also allows the appraiser board to issue an appraiser licensee a copy of his or her license via an electronic format.

House Bill 5583 adds that the Commissioner of Highways may issue a special permit to operate or move a vehicle or combination of vehicles of a size or weight of vehicles or non-divisible load exceeding the maximum specified in state law over routes designated by the Commissioner of Highways at night, and during holidays, holiday weekends, Saturdays, and Sundays. The special permit applies to all interstate highways, United States highways with four or more travel lanes, and divided highways within the state with four or more travel lanes.

House Bill 5594 exempts contracts and MOUs with spending units in state government and WVU and Marshall University.

House Bill 5604 adds to the purchasing division section of the code. The bill gives spending units an exemption for technological infrastructure under $250,000. The bill also creates IT marketplace portals to facilitate purchases.

House Bill 5617 was requested by the Public Service Commission. The bill allows the PSC to create rules for the inspection, flow testing, flushing, and marking of fire hydrants. The bill requires all public water utilities to comply with the PSC rules.

House Bill 5632 amends the obligations of nonresident brokers under the West Virginia Real Estate License Act by removing the requirement that every broker have an active place of business within WV.

House Bill 5650 prohibits suspended school employees from being barred from attending public events on school property while suspended. The employee shall be allowed to exercise rights as a parent or guardian while suspended.

House Bill 5662 adds “person in a position of trust in relation to a child” into the code for child abuse and neglect.

House Bill 5668 creates the Responsible Gaming and Research Act. The bill provides for data collection on gaming operations within the state to ensure the integrity of gaming and to understand responsible gambling and problem gambling. The data can be shared for scholarly purposes. The bill requires an annual report on the impact of casinos, iGaming, racing, iLottery, and sports wagering, and on problem gamblers and gambling addiction in WV to the Joint Committee on Government Finance.

House Bill 5690 creates the WV Trask Force on Artificial Intelligence to be organized within the Governor’s Office. The appointed members are tasked with defining AI, determining which agencies should be tasked with overseeing artificial intelligence policy, determining best practices for the public sector, and recommending legislation. The bill requires the task force to meet 120 after the bill takes effect and requires a report by July 1, 2025.

House Bill 5696 assigns Wood County as the lead member county of the Upper Ohio Valley Trail Network Recreation Authority.

In Case You Missed It… 2024 Completed Legislation, Part 3

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

House Bill 5084 requires 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.

House Bill 5091 removes the requirement that critical infrastructure be enclosed by a fence or barrier or marked with no entry sign. The bill increases penalties for the destruction or theft of critical infrastructure. The bill also adds digital equipment, relating to damage from a cyber-attack or digital interference.

House Bill 5105 removes the requirement that students attending virtual charter schools be vaccinated unless they want to participate in WVSSAC-sanctioned athletics. The bill also allows private or parochial schools to set their own vaccination guidelines unless students want to participate in WVSSAC-sanctioned athletics.

House Bill 5117 reduces needless rule-making where the rule that is proposed simply restates the code provisions regarding the waiver of initial licensing fees for low-income individuals and military families.

House Bill 5122 removes the upper limitations on the age at which deputy sheriffs and municipal police officers may be initially appointed.

House Bill 5128 directs the transfer of money into fire protection funds at the end of each fiscal year.

House Bill 5151 adds former foster parents to the definition of fictive kin. The bill also adds a definition for the restorative justice program.

House Bill 5153 updates the requirements of the WV STEM Scholarship. It allows for students of public, private, charter, home, mico, and pod schools to be eligible for the scholarship.

House Bill 5157 modifies the tax rate for health care providers increasing it as needed to provide non-federal share funding. The Bureau for Medical Services is granted the authority to calculate the new rate. The new rate is required to be within the allowable rates of the Center for Medicare and Medicaid Services (CMS) and the calculation must be done according to CMS-approved methodologies. The Tax Commissioner is required to publish the new rate. The bill also opens the provider tax up to all types of facilities.

House Bill 5162 creates the “Youth Apprenticeship Program” which allows students 16 years or older the opportunity to enroll in apprenticeship programs, which would allow them to receive credits for the apprenticeship. The bill makes the WV Department of Education responsible for establishing the program, including setting standards, providing guidelines for county boards to approve local enterprises, and granting release time from public schools to participate in the program. The bill requires that the State Board of Education, Higher Education Policy Commission, and Department of Commerce jointly maintain a list of current apprenticeships throughout the state along with free career exploration resources and planning materials for postsecondary opportunities in addition to credentials, certifications and/or exams that reflect industry requirements or lead to postsecondary credit.

House Bill 5170 increases the matching grants for local economic developments to $50,000.

House Bill 5175 abolishes the Center for Nursing and creates the Office of Nursing Education and Workforce Development within the Higher Education Policy Commission. The bill moves all the functions of the Center for Nursing to the Office of Nursing Education and Workforce Development, which will be charged with providing support for expanding nursing programs, promoting, and coordinating opportunities for nurses to earn higher degrees, administering the scholarship program for nurses, and collecting and disseminating data.

House Bill 5178 allows for the DMV’s online electronic insurance verification system may be accessed by new and used motor vehicle dealerships in this state to verify if a prospective purchaser has valid motor vehicle insurance.

House Bill 5188 eliminates the prerequisite that a disabled police officer or firefighter be found unable to engage in other substantial gainful employment before awarding disability benefits.

House Bill 5213 provides for one free Gold Star Family license plate to a Gold Star spouse.

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.

House Bill 5261 expands the definition of small arms to include the receiver or frame for purposes of taxation.

House Bill 5262 establishes the Teacher’s Bill of Rights. It divides the duties of counselors, the student-to-instructor ratio for special education classes, and compensation when the teacher-to-student ration is exceeded. The bill also clarifies the process for the removal of students.

House Bill 5267 amends the Deputy Sheriff Retirement System. The bill substitutes “credited service” with “contributory services” and “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5268 clarifies that horizontal wells and horizontal drilling well work include the injection of fluids or gasses to enhance the recovery of oil and natural gasses.

House Bill 5273 provides a method of calculating death benefits for an Emergency Medical Services Retirement System surviving spouse of a member who was not 60, had more than 10 years of contributory service, was receiving non-duty related disability, and died. The bill authorizes a refund of accumulated contributions for members who die from non-duty-related injury and do not have enough service to qualify for a death benefit from the plan. The bill also substitutes “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5294 removes the winery classification system. The bill allows brewers to offer both complimentary samples and for sale samples (aka flights) on and off premises. The bill provides sampling limits in ounces for beer, liquor, and wine. The bill makes changes to align with the new PODA dual licenses with fairs and festivals.

House Bill 5295 authorizes private outdoor designated areas (PODAs) to host multiple qualified permit holders at the same time. The bill allows for dual licensing of fairs and festivals at the same time as other PODAs. The bill allows for any Class A, Class B, or Class S2 license holder to apply and receive a Class S4 license to operate as a qualified permit holder within a PODA. The bill clarifies that qualified permit holders in a PODA do not share liability or responsibility. Municipalities determine if they want to allow PODAs to happen. If the municipality decides to allow PODA, the qualified permit holder (Class A, B, or S2) can then apply for an S4 license. Each entity participating must have its own liability insurance including the city.

House Bill 5298 prohibits unsuccessful candidates in a primary election from being nominated by a different political party for placement on the subsequent general election ballot.

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.

House Bill 5326 prohibits unfair real estate services agreements. The bill defines an unfair agreement to be an agreement that: (1) runs with the land/binds future owners; (2) creates a lien or security interest in the property; (3) allows the contract to be assigned without timely notice to the owner; and (4) lasts longer than 1 year (for residential properties). Under this law, unfair real estate agreements are void and a person subject to an unfair real estate agreement has a private right of action for injunction.

House Bill 5332 exempts persons who have previously been commissioned as a notary public from the requirement of having a high school diploma or its equivalent.

House Bill 5338 creates the Consumer Data Protection Act to establish a framework for controlling and processing personal data in the state. The bill clarifies these standards do not apply to state and local governmental agencies. The bill provides exemptions for certain types of data.

House Bill 5347 establishes a program where emergency medical technicians for EMS can become certified paramedics after three years of service, with costs paid by the state.

House Bill 5348 renames the Raleigh County Recreation Authority to the Raleigh County Parks and Recreation Authority.

In Case You Missed It… 2024 Completed Legislation, Part 2

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

House Bill 4832 amends finance reporting requirements of the state superintendent to the Legislative Oversight Commission on Education Accountability. The bill also states any school district failing to report to the state superintendent can lose state funding.

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 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 4838 requires that the county boards of education provide long-term substitute teachers with information about IEP plans and 504 plans.

House Bill 4845 creates a misdemeanor offense of swatting. Swatting is reporting by telecommunications false or misleading information to a law enforcement agency and/or emergency services knowing the information to be false or misleading. For second and subsequent offenses OR if a violation causes bodily harm to another, the offending individual is guilty of a felony. If convicted, the individual shall be fined between $5,000 and $10,000 and/or imprisoned in a state facility for one to five years.

House Bill 4850 removes the sunset date for the valuation of property producing oil, natural gas, and natural gas liquids. The bill does not change the methodology.

House Bill 4860 clarifies it is the responsibility of general education teachers and special education teachers to monitor students’ progress. The bill does require general education teachers to use supplementary services documentation sheets on days accommodations. All accommodations shall be discussed before placement.

House Bill 4863 creates the Patriotic Access to Students in Schools Act. The bill allows representatives of a patriotic society to speak with and recruit students to participate in their organization during school hours to inform them on how the patriotic society can further students’ interests and civil involvement.

House Bill 4874 updates the composition and authority of the Fatality and Mortality Review Team.

House Bill 4880 provides a 3-year phased-in exemption of 35% beginning on January 1, 2024 (65%, on January 1, 2025, and 100% on January 1, 2026, respectively) from WVPIT of Social Security benefits received by a taxpayer with a Federal Adjusted Gross Income that exceeds $100,000 or less if married filing jointly, or $50,000 or less if single or married filing separately.

House Bill 4882 extends in-state tuition rates to all members of the armed forces, National Guard, reserves, and veterans, as well as their spouses and dependents. Currently, they must move here and wait a year to qualify for in-state tuition. The committee substitute clarifies the eligibility for instate tuition does not preclude them from other waivers for tuition.

House Bill 4883 gives pay raises to state workers whose pay scales are in state code, which 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.

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 4919 permits a student to reapply for the Promise Scholarship on an annual basis if that student falls out of eligibility during the academic year in college.

House Bill 4933 provides a $2,000 limit for Medicaid Dental Coverage every two years. Recipients must pay for services over the $2,000 limit. It takes effect on July 1, 2024.

House Bill 4940 clarifies that squatting is trespassing. The bill states squatters can be removed from property and charged with a criminal misdemeanor.

House Bill 4945 modifies how the HOPE Scholarship is funded, the composition and the powers of the HOPE Scholarship board, and the parents’ agreement for the recipient of HOPE funds. The bill makes HOPE Scholarship Board records confidential and not subject to FOIA.

House Bill 4951 enacts the Interstate Compact for School Psychologists.

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

House Bill 4971 limits property tax on critical materials manufacturing.

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 4976 requires the General Inspector’s contact information on all state agencies and boards’ websites.

House Bill 4984 repeals the tax credit for employing former employees of Colin Anderson Center.

House Bill 4986 provides computer science and cybersecurity instruction for adult learners.

House Bill 4998 modifies the penalty for third offense conviction of shoplifting by removing a provision that would allow home detention to be used after one year of incarceration. The bill states that if the court finds evidence that the person who was convicted a third or subsequent time is found to be abusing drugs or alcohol, the court shall order an evaluation to determine if the individual has a substance use disorder. If so, the court shall order treatment for the substance use disorder.

House Bill 4999 expands the exception of spousal privilege to include cases of crime against grandchildren, minors, or any person with a mental disability.

House Bill 5006 amends the A. James Manchin Rehabilitation Environment Action Plan. The plan is an effort with the DEP to address litter, waste, dumps, and recycling programs. The bill requires recycling establishments to report to DEP the listed materials that are being recycled in the state. The bill also establishes new criteria for evaluating the success of the state’s recycling, which must be evaluated every five years. These changes are to ensure federal funding. The WV DEP shall report recycling data to the US EPA.

House Bill 5013 amends the definition of managed timberland to be more inclusive of certain real estate by removing an exception to the program concerning subdivisions and planning ordinances. The bill also expands upon the definition of an exception to the program concerning property precluded from development.

House Bill 5014 is a supplementary appropriation to the WVU General Administration Fund for $2,000,000 to fund a Pilot Program through the Rockefeller Neurosciences Institute. The team at WVU RNI developed a tactic to use ultrasound to treat Parkinson’s, Alzheimer’s, and opioid use. The team has received FDA clearance to expand the program to treat PTSD and obesity. The two health concerns are very prominent in West Virginia.

House Bill 5017 creates a statewide permit for mobile food service establishments. The permit will be issued from the vendor’s local or county health department. A vendor in compliance with the issuing health department is in compliance with all health departments. The permit shall be valid for up to a year. No additional fees can be charged for any in-state venter that has received the statewide permit. Each vendor is required to notify the local health department where they will be operating at least 72 hours before operation begins.

House Bill 5019 removes the requirement that an individual must return/surrender a license when downgrading or disqualifying a driver’s license.

House Bill 5024 amends provisions of the WV Code relating to the WV personal income tax. The bill creates a new exemption from personal income taxes for non-grantor trusts when the trust was created under WV law or has its situs in WV and is administered by a WV resident or cooperate trustee with a place of business or physical presence in the state.

House Bill 5045 clarifies carbon sequestration may not pollute groundwater.

House Bill 5056 allows full-time school service personnel to substitute in other service personnel positions on a day-to-day basis.

House Bill 5057 sets the referral fee for an insurance company or producer to a one-time fee of no more than $100.

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

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

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.