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.

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.