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Senate Passes 10 Bills on Thursday

The Senate passed 10 bills during Thursday’s floor session.

A sampling of the bills heading to the House of Delegates today:

Senate Bill 675 would require convention and visitor’s bureaus to receive accreditation from an accrediting body on or before June 30, 2026, in order to be eligible for distribution of net proceeds of hotel-motel tax.

Senate Bill 681 would revise the mandatory service obligation for the National Guard Doctor of Medicine or Doctor of Osteopathic Medicine degree program from a minimum of 10 years as a practice obligation, to a mandatory service obligation as prescribed by the Adjutant General.

The language of the bill outlines how the “service obligation” is directly related to tuition reimbursement provided by the National Guard. According to the legislation, the criteria for reimbursement eligibility is at the discretion of the Adjutant General, and no more than two National Guard members may be chosen for reimbursement each calendar year.

Senate Bill 754 would permit new and used motor vehicle dealerships in West Virginia to utilize a search engine to determine if buyers of vehicles have valid motor vehicle insurance.

Senate Bill 763 would protect sensitive military information from public release. Among other records, the bill would legally and officially exempt classified information, intelligence information, certain investigative reports, vulnerability assessments, and information that could potentially “threaten public safety, endanger military personnel, or provide a military advantage to an adversary” from public disclosure.

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

Senate Bill 773 would expand the powers of law enforcement officers of the National Park Service, to include traffic and parking related offenses.

The Senate is adjourned until tomorrow, Feb. 23, at 10 a.m.

Afternoon Meetings:

Energy at 1 p.m. in 208W

Health at 1 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3:30 p.m. in 451M

Bill Creating Response Plans for Child Sudden Cardiac Arrest Passes House

Today, the House of Delegates passed eight bills and amended several others.

Senate Bill 602 repeals the Sudden Cardiac Arrest Prevention Act and creates cardiac response plans within county boards of education. Teachers, coaches, and other school personnel shall be trained in cardiac emergency response plans. Schools shall hold informational meetings for students, parents, and guardians regarding the warning signs of sudden cardiac arrest in children.

House Bill 4008 changes the time required for providing notice of entry on private land with graves from 10 days to five days.

House Bill 4706 creates an initiative for utility pole rights-of-way and easement mapping. This requires pole owners to provide information to the Department of Economic Development to map the poles. The Department of Economic Development is required to create pole maps.

House Bill 4880 provides a three-year phase-out of the state income tax on all social security benefits for those taxpayers with federal adjusted gross income of a married couple filing a joint return that exceeds $100,000, or $50,000 in the case of a single individual or a married individual filing a separate return.

House Bill 5180 was amended and advanced with an amendment pending and a general right to amend. House Bill 5180 removes requirements to submit certain evidence on behalf of home-schooled children. One amendment added in a change from another bill passed regarding work permits. Another amendment was offered and debated partially, which would add in children cannot be taken out of school if there is a neglect or child abuse case pending, if it was reported by a teacher or school personnel. A motion was offered to advance House Bill 5180 to third with the right to amend and amendment pending. Amendments will be taken up tomorrow before placing the bill up for passage.

The House is adjourned until tomorrow, February 23, 2023 at 11 a.m.

Committee Meetings, today Feb. 22
The Judiciary Committee will meet at 1:30 p.m. in Room 410.
The Education Committee will meet at 1:45 p.m. in Room 434.
The Committee on Technology and Infrastructure will meet at 2:30 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E. 
The Finance Committee will meet at 4:30 p.m. in Room 460. 

Committee Meetings, tomorrow, Feb. 23
The Finance Committee will meet at 9 a.m. in Room 460. 
The Committee on Government Organization will meet at 9 a.m. in Room 215E.
The Judiciary Committee will meet at 9:30 a.m. in Room 410.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.

House Finance Advances Bill Establishing Apprenticeship to Associate Degree Program

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House Finance met this afternoon to consider the following:

House Bill 5025 was requested by the state Tax Division. The bill eliminates the additional 1.5 percent interest rate for underpayments effective January 1, 2024.

House Bill 4507 creates a tax credit of 25 percent of the cost of replacing façades of buildings with no historical value within historical districts. The bill requires that the replacement façade complement the historical buildings and not degrade the historical façades.

House Bill 4548 authorizes the application of the manufacturing investment tax credit and the manufacturing property tax adjustment credit against personal income tax.

House Bill 5134 provides for a deceased disabled veteran real property exemption for widowed spouses.

House Bill 5399 moves the audits of the state’s volunteer and part-volunteer fire departments from the Legislative Auditor to the State Auditor. The State Auditor will select up to ten volunteer fire departments to participate in a pilot program using the State Auditor’s WV Checkbook fiscal reporting system to assess how the transition to the new account reporting system will work in the VFDs.

House Bill 5435 establishes an apprenticeship to associate of applied science degree program to be administered by the Council for Community and Technical College Education. Students must be enrolled in an apprenticeship recognized by the US Department of Labor or have received a Certificate of Completion from the US Department of Labor for an apprenticeship. Eligible students would then be able to earn at least 15 credit hours of general education towards an associate of applied science degree.

House Bill 5548 clarifies tourism development projects and tourism development expansion projects are subject to standards approved by the Department of Economic Development.

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 Education Advances Four Bills

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House Education met this afternoon to consider the following:

House Bill 4829 removes the requirement of a high school diploma or equivalent for school bus drivers and custodians, 21 years and older. The addition of 21 years and older is to prevent students from dropping out to become employed.

House Bill 4902 provides raises for special education aides and self-contained special education teachers. For special education aides, the raise is 5 percent. For self-contained special education teachers, the raise is 10 percent. The bill advances to the Finance Committee.

House Bill 5425 provides experience waivers for professional education personnel provided that no applicant has six or more years of experience where 6 or more years is required.

House Bill Originating is a charter school clean-up bill.

Senate Passes Bill to Combat Wildfires in State Forests

The Senate passed legislation on Wednesday that would allow the Department of Commerce subagencies to contract for the management of state forests and wildlife management areas to prevent wildfires.

Senate Bill 688 would allow the directors of the Division of Forestry and Division of Natural Resources to enter into such agreements.

The legislation also has a commercial side that would allow either director to award management contracts for state forests, wildlife management areas and “natural and scenic areas,” notwithstanding the competitive bidding process, when the contract is a “necessary component of an economic development project.”

The directors would have to execute the contract with written approval from the Department of Economic Development and Department of Commerce secretaries. The contract must be based on current market value.

Either the Division of Natural Resources or the Division of Forestry could include provisions in any land management contract under the legislation for the disposition of forest biomass.

Biomass is organic material that comes from plants and animals. Biomass sources include limbs and tops of trees remaining after logging, and may also come from the debris of dead and diseased trees. The United States Department of Energy has advised that harvesting excessive woody biomass can reduce forest fire risk.

Department of Commerce Secretary James Bailey told members of the Economic Development committee last week that entities producing energy, fuel or charcoal from biomass have had an interest in West Virginia. It is Bailey’s understanding that his agency does not have the authority to sell the state’s biomass without this legislation.

Members expressed concern on the floor and in committee that this legislation could open the door to timbering of state parks. They were assured by leadership that this bill only pertains to management of biomass.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Feb. 22, at 11 a.m.

Morning Meetings for 2/22:

Education at 9:30 a.m. in 451M

Gov. Org at 9:30 a.m. in 208W

House Passes Bill for Teachers to be School Protection Officers

Today, the House of Delegates adopted five resolutions and passed seven bills.

House Concurrent Resolution 12 names the bridge carrying CR 008 over Hustead Fork Stream in Taylor County as the “U.S. Marine Private First-Class Calvin Lee Loudin Memorial Bridge.” Loudin served in the Marines during WWII. He has been awarded the Presidential Unit Citation ribbon bar with a star, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, and the Purple Heart. Loudin died in the battle of Sugar Loaf Hill on the Island of Okinawa on May 22, 1945.

House Concurrent Resolution 37 names the bridge carrying WV 152 over Twelvepole Creek in Wayne County as the “U.S. Army PFC Carl. J. Osburn Bridge.” Osburn served in the U.S. Army during WWII. During his service, he was placed in a POW camp in Germany. Despite injury, being held captive, and being starved, Osburn strived to return home and complete his service. Once his service was completed, Osburn returned home to Wayne County, WV.

Senate Bill 668 increases the amount of ephedrine, pseudoephedrine, or phenylpropanolamine a person may purchase annually to 86.4 grams.

Discussion on House Bill 4299 was lengthy as the bill was advanced to third with amendments pending. House Bill 4299 allows teachers, administrators, and personnel to carry concealed firearms and other self-defense items in elementary and secondary schools, after completing training to be a School Protection Officer.

Two amendments were offered, but only one was adopted. The adopted amendment changes the word “may” to “shall” requiring schools to allow teachers, administrators, and support personnel to be SPOs as long as they meet all the requirements and are eligible. Effectively, this bill removes the requirement for a county board to make any policy regarding SPOs.

Proponents of this amendment stated that the amendment makes the bill work. It makes the bill more than “ink on paper.” They stated this is a way to give teachers control. Opponents of the amendment stated the amendment took local control away from counties and schools to determine if they needed SPOs.

Similar to the amendment, proponents of the bill feel this bill provides a means of protection for students and teachers. They stated this gives teachers a way of protecting children should an active shooter situation arise. Opponents stated many teachers do not want this and do not feel comfortable with guns in schools. The opponents mentioned the training and vetting not being enough for SPOs. The bill advances to the Senate.

House Bill 5065 increases the compensation for guardians ad litem from $60 to $105 for out-of-court work and from $80 to $120 for in-court work for abuse and neglect cases. The bill also requires continuing education must be completed to be a guardian ad litem.

House Bill 5361 requires hospitals to offer influenza immunizations to patients prior to discharge from October 1 to March 1 each year.

The House is adjourned until tomorrow, February 22, 2023, at 11 a.m.

Committee Meetings, today, Feb. 21
The Education Committee will meet at 2:45 p.m. in Room 434.
The Finance Committee will meet at 3:15 p.m. in Room 460. 
The Judiciary Committee will meet at 3:30 p.m. in Room 410.
The Committee on Government Organization will meet at 4 p.m. in Room 215E.

Committee Meetings, tomorrow, Feb. 22
The Finance Committee will meet at 9 a.m. in Room 460. 
The Judiciary Committee will meet at 9 a.m. in Room 410.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E. 

House Sends 12 Bills and 39 House Concurrent Resolutions to the Senate

Today, the House of Delegates adopted 39 House Concurrent Resolutions including:

House Concurrent Resolution 25 names the bridge that carries US 250 over Grave Creek in Cameron, WV, Marshall County as the “U. S. Navy Sonarman First Class William “Bill” C. Harris Memorial Bridge.” Harris served in the Navy during WWII. Harris served as a Rural Mail Carrier for the USPS after his service and was a Commander of the American Legion Post #18. He was an advocate for veterans’ issues and rights. Harris passed away on October 16, 2021. 

House Concurrent Resolution 30 names the bridge that carries US 250 over North Fork Grave Creek in Clouston, WV, Marshall County as the “Jack L. Hart Memorial Bridge”. Hart served in the US Air Force during the Vietnam War. Hart served as a Captain at the former WV State Penitentiary in Moundsville and as a Deputy with the Marshall County Sheriff’s Department. Hart was also a member of the Cameron City Council for 12 years and a member of the American Legion Post #18. Hart passed away on August 27, 2023. 

House Concurrent Resolution 44 names the bridge that carries Harts Run Road (CR 60/14) over Howard Creek in White Sulphur Springs, WV, Greenbrier County as the “Frank Walker Mosley Memorial Bridge”. Mosley served in the U.S. Army during the Korean War, earning a Purple Heart after being shot above the eye. Mosely worked for the railroad for a short time after returning home. Eventually, he found himself working at the Greenbrier, where he spent nearly 65 years working in various capacities. He passed away on April 10, 2023. 

The House completed action on Senate Bill 507. The bill repeals the West Virginia EDGE program which is no longer necessary due to the passage of the dual enrollment pilot program last year. 

Twelve bills passed the House, including:

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 5159 eliminates the work permit entirely, only requiring age certification. The issuance of age certifications is shifted to be the responsibility of the State Commissioner of Labor, as opposed to the State Superintendent of Schools. The Commissioner must review birth certificates before issuing age certificates. 

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. 

House Bill 5553 changes graduation requirements relating to personal finance, computer science, and technology. 

Six of the bills on Second Reading were amended, including:

House Bill 5065 increases the compensation of individuals serving as guardian ad litem. The bill also requires guardian ad litem to have completed all continuing education for serving as guardian ad litem for a child. The Finance Committee amendment makes the bill effective July 1, 2024. An additional amendment adds reporting requirements. 

House Bill 5635 allows for a condition or illness to be listed on the label of a prescription. The bill was amended to require prescribers to ask if the patient wants the condition or illness added to the label. 

Resolutions introduced today can be found here.

The House is adjourned until tomorrow, February 21, 2023, at 11 a.m.

Committee Meetings, today Feb. 20
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3:15 p.m. in Room 215E. 
The Committee on Technology and Infrastructure will meet at 3:45 p.m. in Room 434.
The Judiciary Committee will meet at 4:30 p.m. in Room 410. 

Committee Meetings, tomorrow, Feb. 21
The Committee on Fire Departments and EMS will meet at 9:15 a.m. in Room 410.
The Committee on Artificial Intelligence will meet at 10 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Finance Committee will meet at 1 p.m. in Room 460. 
The Committee on Government Organization will meet at 1 p.m. in Room 215E.
The Education Committee will meet at 2 p.m. in Room 434.
The Judiciary Committee will meet at 2:30 p.m. in Room 410. 

Senate Passes Pair of Bills to Protect Minors from Child Porn

The Senate passed a pair of bills to combat “deep fake” AI-generated child pornography during Tuesday’s floor session.

Senate Bill 740 criminalizes altering a photograph, image, video clip, movie, or recording containing sexually explicit conduct by inserting the image of an actual minor so it appears that the minor is engaged in the sexually explicit conduct.

The legislation defines “actual minor” as any person, “whether living or deceased, whose image was taken or captured when he or she was under the age of 18 and later inserted into a photograph, image, video clip, movie, or recording containing sexually explicit content.”

The crime would carry a fine up to $10,000 and/or one to five years in prison.

Senator Patricia Rucker (R-Jefferson, 16) mentioned on the floor that she recently received an email notifying her of a constituent that was a victim of this behavior. A child predator took a picture of this boy from his Instagram account and imposed his face onto a sexually explicit image. The predator then contacted the boy, threatening to post the image across various social media platforms unless he was paid money.

Senate Bill 741 also passed today. Where the previous bill deals with victim’s real images being used in artificially generated porn, this companion legislation concerns entirely digitally or AI-generated porn where the image appears to be a minor.

The legislation stipulates that the content produced must be obscene, which state code defines as “appealing to the prurient interest; depicts or describes, in a patently offensive way, sexually explicit conduct and taken as a whole, lacks serious literary, artistic, political or scientific value.”

The bill would criminalize the creation, production, distribution, and possession with intent to distribute. It carries a fine up to $20,000 and/or one to 10 years in prison.

These bills now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Feb. 21, at 11 a.m.

Afternoon Meetings:

Energy at 1 p.m. in 208W

Health at 1 p.m. in 451M

Judiciary at 2 p.m. in 208W

Finance at 2 p.m. in 451M

Morning Meetings for 2/21:

Government Organization at 10 a.m. in 208W

House Judiciary Passes Bill Repealing Presumed Competence of a Child

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House Judiciary met this afternoon into the evening.

House Bill 4994, The Anti-Terrorism Act, was referred to a subcommittee.

House Bill 5031 defines “illegal aliens” under human trafficking law. The bill also adds human smuggling into the human trafficking law. The bill states that “illegal aliens” are not eligible for restitution and that restitution shall be paid to the state.

House Bill 5043 establishes requirements, prohibitions, and regulations for foreign principals or agents of foreign principals, lobbying by or on behalf of foreign principals or their agents. The bill also establishes criminal liabilities and fines for violation of the requirements.

House Bill 5235 increases the penalties for child sexual assault and sexual abuse. The bill also increases the penalties for distributing, possessing, and transporting material depicting a child engaged in sexually explicit conduct. The bill also clarifies that the failure to report sexual assault, sexual abuse, or sexual exploitation of a child is a felony.

House Bill 5395 repeals the code making the Board of Review of the WV Bureau of Employment a party to judicial action and identifying the Board’s legal counsel.

House Bill 5520 repeals the presumption of competence of a child 14 or older and the presumption of incompetence of a child under the age of 14. The bill clarifies juveniles under 14 cannot be detained to determine competence.

House Bill 5561 allows for the electronic execution of trust agreements.

House Bill 5621 protects workers who defend themselves or others from an attack from another from termination of employment.

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

Raw Milk Bill Passes House

Today, the House of Delegates adopted one resolution and passed eight bills. 

House Concurrent Resolution 6 names the bridge locally known as Southbound and Northbound East River Bridge in Mercer County as the “U.S. Army Staff Sgt. James Ira “Junior” Spurrier Memorial Bridge.”

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

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 4911 permits the sale of raw milk in the state, as long as it is clearly labeled as ungraded raw milk, with the date of production and name of the seller. 

Proponents saw this as a freedom bill that allows people to purchase and sell raw milk without being a part of a herd share. Opponents of this bill took issue with the last paragraph giving immunity to sellers of raw milk from personal injury or civil liability lawsuits, except that of intentional or willful and wanton misconduct. The bill passed 76 in favor and 19 opposed. 

House Bill 4978 clarifies the roles of the Secretary of the Department of Health, the Commissioner of Public Health, and the State Health Officer. 

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

Clarification on parliamentary procedure:
During Committee Reports, a motion was made to recommit House Bill 5039 to the Judiciary Committee. The motion was tabled, and the report was received. A point of order was made to determine if the motion to table was in order, as the maker of the motion had debated the bill. It was ruled in order as it was a new motion. If the individual had moved the previous question, then that motion would not have been in order. 

Bills introduced today can be found here.
Resolutions introduced today can be found here

The House is adjourned until tomorrow, February 20, 2023, at 11 a.m.

Committee Meetings, today Feb. 19
The Finance Committee will meet at 2 p.m. in Room 460. 
The Judiciary Committee will meet at 2:30 p.m. in Room 410. 
The Education Committee will meet at 3 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow, Feb. 19
The Committee on Veterans Affairs and Homeland Security will meet at 9:15 a.m. in Room 215E.
The Judiciary Committee will meet at 9:15 a.m. in Room 410. 
The Committee on Political Subdivisions will meet at 10 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.