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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The House is in recess until 2 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Today, the Delegates in the House passed 12 bills, eight of which completed legislative action. Additionally, the House concurred to complete action on four bills and recede from position to complete another. The House refused to concur with the Senate on Senate Bill 219.

Senate Bill 219 clarifies the elements of a crime by providing definitions for individuals engaged in the illegal use of controlled substances and seeking medical assistance. If a person is in the physical presence of another engaged in illegal drug use where the other suffers an overdose and the person fails to seek medical attention by contacting 911 or any first responder, then that person is guilty of a felony and shall be imprisoned for one to five years. The bill’s purpose is to encourage the reporting of overdoses by protecting those who report the overdose. The House-amended bill strikes “or knowingly facilitating illegal drug abuse by the other person so engaged” from the definition of “engaged in the illegal use of a controlled substance with another person.” Both bodies have refused to concur and a conferee meeting has been assigned. 

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. The bill also requires that the task force be created and begin its meetings on or before July 1, 2024. It must submit a report of recommendations to the Legislature by December 1, 2024. The bill advances to the Senate.

Senate Bill 147 removes the requirement of providing a social security number for the application of a license to carry weapons. The bill also defines “ammunition” to be used when completing training courses to carry. The bill advances to the Senate.

Senate Bill 148 establishes an auto-renewal program for wildlife licenses, permits, and stamps issued by the Division of Natural Resources. The bill removes the electronic issuance fee from the auto-renew program. The bill has completed legislative action.

Senate Bill 844 changes the name of the Educational Broadcasting Authority to the Educational Broadcasting Commission. A director for the commission would be appointed by the Secretary of the Department of Arts, Culture, and History. The number of members is reduced from eleven to nine. The bill advances to the Senate.

Senate Bill 865 increases the number of sections within the Department of Arts, Culture, and History from seven to eight to include the Educational Broadcasting Commission. The bill also changes references from curator to secretary. The bill has completed legislative action.

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. The bill has completed legislative action.

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

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.

The House receded from its position on Senate Bill 451. The bill requires all appointed, elected, or newly hired prosecutors, and assistant prosecutors, to complete training prior to performing duties. The bill has completed legislative action.

Action was postponed on Senate bills 160 and 173.

The House is in recess until 5 p.m.

Committee Meetings today, March 6
The Finance Committee will meet at 1:45 p.m. in Room 460. 
The Education Committee will meet at 2:30 p.m. in Room 434.

The House reconvened at 5 p.m. to complete today’s agenda. Additional Senate Messages and Committee Reports were received.

The House is adjourned until tomorrow, March 7, 2024, at 9:30 a.m.

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

Today, Delegates in the House amended and passed Senate Bill 200 – Budget Bill. The amended-bill heads to the Senate and a compromise must be reached by Saturday. It’s the Senate’s job to amend Senate Bill 200 with the compromise.

The Projected Budget in the House version of the bill is:
• General Revenue total is $4,996,828,751.
• State Road Fund total is $1,998,642,908.
• Other Funds total is $ 2,141,776,021
• Lottery Revenue total is $149,104,142.
• Excess Lottery Revenue total is $337,436,083.
• Federal Funds total is $8,776,500,819.
• Federal Block Grant total is $688,383,417.
• General Revenue Surplus total is $201,600,000.
• Lottery Net profits Surplus total is 16,750,000.
• Excess lottery Surplus total is 17,800,000.

Below is a breakdown of the General Revenue.

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

Judicial
4. Supreme Court – $165,783,509

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 – $14,062,323
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 – $15,630,631
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 – $1,212,486
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. Real Estate Division – $901,271

Department of Commerce
32. Division of Forestry – $6,105,480
33. Geological and Economic Survey $3,328,376
34. Division of Labor – $2,017,411
35. Division of Natural Resources – Division of Natural Resources – $31,316,979
36. Division of Miners’ Health, Safety and Training – $12,342,060
37. Board of Coal Mine Health and Safety – $370,549
38. WorkForce West Virginia- $58,473
39. Office of the Secretary – $1,977,755
40. State Board of Rehabilitation – Division of Rehabilitation Services – $16,222,463
41. Department of Tourism – Office of the Secretary- $ 30,300,000
42. Department of Economic Development –Office of the Secretary – $12,917,867
43. State Board of Education – School Lunch Program – $2,497,519
44. State Board of Education –State Department of Education$129,738,021
45. State Board of Education –Aid for Exceptional Children – $35,113,216
46. State Board of Education –State Aid to Schools – $2,034,518,480
47. State Board of Education –Vocational Division – $41,784,139
48. State Board of Education –West Virginia Schools for the Deaf and the Blind- $15,730,195
49. State Board of Education –School Building Authority – $24,000,000

Department of Arts, Culture, And History
35. Division of Culture and History – $ 5,788,181
36. Library Commission – $ 1,644,157
37. Educational Broadcasting Authority – $ 4,323,875
38. Department of Environmental Protection
39. Environmental Quality Board – $ 131,874
40. Division of Environmental Protection – $ 7,622,445
41. Air Quality Board – $ 76,053

Department of Health
42. Department of Health –Central Office – $ 89,853,781
43. Human Rights Commission = $ 1,568,052
Department of Human Services
44. Division of Human Services – $ 841,338,416

Department of Health Facilities
45. Central Office – $3,655,695
46. Health Facilities Capital Projects Fund – $550,000
47. Hopemont Hospital – $12,827,637
48. Lakin Hospital – $14,451,392
49. John Manchin Senior Health Care Center – $8,703,666
50. Jackie Withrow Hospital – $12,337,165
51. Welch Community Hospital – $31,057,039
52. William R. Sharpe Jr. Hospital – $79,407,370
53. Mildred Mitchell-Bateman Hospital – $53,506,391
54. William R. Sharpe Jr. Hospital -Transitional Living Facility – $1,847,929

Department of Homeland Security
55. Office of the Secretary – $4,293,160
56. Division of Emergency Management – $6,691,854
57. Division of Corrections and Rehabilitation –West Virginia Parole Board – $1,454,002
58. Division of Corrections and Rehabilitation –Central Office – $385,147
59. Division of Corrections and Rehabilitation – Correctional Units – $317,211,561
60. Division of Corrections and Rehabilitation – Bureau of Juvenile Services – $51,207,884
61. West Virginia State Police – $126,893,784
62. Fire Commission – $63,061
63. Division of Protective Services – $4,023,574
64. Division of Administrative Services – Criminal Justice Fund – $10,656,295
65. Division of Administrative Services – $6,280,223

Department of Revenue
66. Office of the Secretary – $648,506
67. Tax Division – $ 31,518,796
68. State Budget Office – $1,183,885
69. West Virginia Office of Tax Appeals – $1,214,578
70. State Athletic Commission – $36,811

Department of Transportation
71. Division of Multimodal Transportation Facilities –State Rail Authority – $2,145,040
72. Division of Multimodal Transportation Facilities – Public Transit – $2,292,989
73. Division of Multimodal Transportation Facilities –$ 1471,263
74. Division of Multimodal Transportation Facilities –Aeronautics Commission – $1,031,626

Department of Veterans’ Assistance
75. Department of Veterans’ Assistance – $ 12,640,193
76. Department of Veterans’ Assistance – Veterans’ Home – $ 1,785,768

Bureau of Senior Services
77. Bureau of Senior Services – $6,580,366

West Virginia Council for Community and Technical College Education
78. Control Account – $15,839,076
79. Mountwest Community and Technical College – $7,165,674
80. New River Community and Technical College – $6,624,770
81. Pierpont Community and Technical College – $8,699,120
82. Blue Ridge Community and Technical College – $8,821,525
83. West Virginia University at Parkersburg – $11,632,093
84. Southern West Virginia Community and Technical College – $9,185,300
85. West Virginia Northern Community and Technical College – $8,145,573
86. Eastern West Virginia Community and Technical College – $2,447,264
87. BridgeValley Community and Technical College – $8,970,648

Higher Education Policy Commission
88. Control Account – $79,448,524
89. West Virginia University –School of Medicine – Medical School Fund – $22,433,558
90. West Virginia University – General Administrative Fund – $119,508,643
91. Marshall University – School of Medicine – $9,787,407
92. Marshall University – General Administration Fund – $56,923,978
93. West Virginia School of Osteopathic Medicine – $6,332,105
94. Bluefield State University – $7,184,100
95. Concord University – $11,600,864
96. Fairmont State University – $20,805,888
97. Glenville State University – $7,470,766
98. Shepherd University – $13,935,597
99. West Liberty University $10,530,209
100. West Virginia State University – $17,944,676
101. Administration – West Virginia Network for Educational Telecomputing (WVNET) – $1,946,515

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

Due to the potential Federal “clawback” of federal CARES/COVID money, a slimmed-down version of the budget is being passed as “Act One.” Once the Governor’s Office completed the negotiations with the federal government, the expectation is that “Act Two” would be a special session taking place in the Spring for a large supplemental appropriation to be used to amend the budget bill.

The Senate version of the budget does differ from the House-amended version of Senate Bill 200. Compromises will have to be made to pass the bill before this Saturday’s session adjournment.

The House is in recess until 5 p.m.

The House Returned at 6:30 p.m. to finish the agenda. The House also received committee reports and messages from the Senate and Governor.

Committee Meetings today, March 5
The Judiciary Committee will meet at 3: 25 p.m. in Room 410.
The Committee on Government Organization will meet at 3:45 p.m. in Room 215E.
The Committee on Energy and Manufacturing will meet at 3:30 p.m. in Room 460.
The Finance Committee will meet 15 minutes after Energy in Room 460.
The Committee on Technology and Infrastructure will meet at 3:30 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 15 minutes after Tech and Infrastructure in Room 434.

Committee Meetings today, March 5
The Judiciary Committee will meet at 7 p.m. in Room 410.
The Committee on Government Organization will meet at 7 p.m. in Room 215E.

Committee Meetings tomorrow, March 6
The Committee on Artificial Intelligence will meet at 9 a.m. in Room 434.
The Judiciary Committee will meet at 9:15 a.m. in Room 410.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber
The Education Committee will meet at 1 p.m. in Room 434.