Today, the House of Delegates passed eleven bills, including:

House Bill 4654 removes schools, libraries, and museums from the exemption of criminal liability for the distribution and display of obscene matter. Any individual would have to knowingly and intentionally provide minors with obscene matter.

Proponents of this bill said exemptions should have never existed. If providing obscene matter outside of these buildings is illegal, it should also be illegal inside these buildings. They stated the purpose of this bill is to protect children from seeing matter that is obscene, containing pornographic or sexually explicit material. 

Opponents stated they fear the passage of this bill could bring about costly litigation. They stated that people have varying opinions on what is obscene, which could result in a variety of books being challenged. They also fear this puts librarians and staff in danger of being arrested for having a book on a display.  

House Bill 4807 requires internet providers to credit customer’s accounts when the provider fails to provide service for five or more days. 

House Bill 4867 requires age verification for pornography sites to prevent minors from accessing the content. 

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

This morning the House Rules Committee House Concurrent Resolution 6 to the House floor. The committee also moved House Bills 4809, 5137, 5345, 5354, 5022, 5441, and 5590 from the active Special Calendar to the inactive House Calendar.

The House is adjourned until Monday, February 19, 2023 at 11 a.m.

Committee Meetings, today Feb. 16
The Finance Committee will meet at 2 p.m. in Room 460.

Committee Meetings, Monday, Feb. 19
The Finance Committee will meet at 1 p.m. in Room 460. 
The Judiciary Committee will meet at 1 p.m. in Room 410. 
The Education Committee will meet at 2:30 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Today, the House of Delegates adopted two resolutions. 

House Concurrent Resolution 74 states that the State of WV defends life by rejecting euthanasia. Delegate McGeehan, the author of this resolution, stated that the resolution provides a bit of explanation of House Joint Resolution 28. 

House Joint Resolution 28 proposes an amendment to the West Virginia Constitution which would prevent a physician or health care provider in the state from participating in the practice of medically assisted suicide, euthanasia, or mercy killing of a person. If the resolution is adopted by both the House and the Senate, the proposed amendment will be on the 2024 election ballot for the people to decide. The resolution does not prohibit the administering or prescribing of medication to alleviate pain while the patient’s condition follows its natural course or prevent the withholding or withdrawing of life-sustaining treatment as long as the intention is not to kill the patient. 

The House rejected House Bill 441, which would have restricted driving in the left lane of multi-lane highways in the state. 

House Bill 4399 passed the House. The bill 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. Delegate Nestor, the bill’s lead sponsor, stated this bill is needed because currently, it’s more difficult to get these records expunged than someone who has been found guilty of a crime to have an expungement processed. 

The House is adjourned until tomorrow, February 16, 2023, at 11 a.m.

Committee Meetings, today Feb. 15
The Committee on Energy and Manufacturing will meet at 2:30 p.m. in Room 460.
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 4 p.m. in Room 434.

Committee Meetings, tomorrow Feb. 16
The Finance Committee will meet at 9 a.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
The Judiciary Committee will meet at 9:15 a.m. in Room 410. 
The Education Committee will meet at 9:30 a.m. in Room 434.

Today, the House Rules Committee moved House Concurrent Resolution to the floor. The committee also moved Senate Bill 17 and House Bill 4700 from the active Special Calendar to the inactive House Calendar. Additionally, the committee moved House Bill 5243 to the active Special Calendar. 

House Bill 5243 sets forth the definitions of sex, female, male, woman, man, girl, boy, mother, father, and equal within the WV Code. The bill provides for single-sex environments. The bill was amended to remove the current marriage exemption in the code relating to sexual assault. 

The bill struck up a long debate both on the amendment stage last week and the passage stage today. 

Proponents stated the bill provides definitions and works to prevent women from being displaced in spaces made for them. The bill also states that in regard to data collection related to sex, that data sets should be collected as either male or female. Proponents said the intention of the bill is to protect young girls and women from biological males in sports and vulnerable spaces. It was stated that this bill protects Title 9. It was stated that the bill’s definition of equal allows for gendered sports, the separate female teams and male teams. 

Opponents expressed fear that this bill could affect the Human Rights Act and seemed to be set up to take away rights. They stated that the bill wasn’t about women’s rights but unifying against a “perceived threat.” Opponents stated individuals who are born with sex organs of both male and female are not addressed thoroughly in the bill. They noted that the legislation is identical to legislation in other states and stated the legislation is not cookie-cutter. 

The bill passed the House with 87 in favor and 12 opposed. 

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. 

Several bills were amended today, including:

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 amendment clarifies that the bill does not expand the scope of law-enforcement powers to COs, correctional peace officers, or Corrections Special Operation Team officers. 

House Bill 4943 creates regulations for home-based businesses. The amendment reverted back to the introduced version, doing away with the committee’s version. 

The House is adjourned until tomorrow, February 15, 2023, at 11 a.m.

Committee Meetings, today Feb. 14
The Education Committee will meet at 1:30 p.m. in Room 434.
The Finance Committee will meet at 1:45 p.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
The Judiciary Committee will meet at 2 p.m. in Room 410. 
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow Feb. 15
 The Committee on Jails and Prisons will meet at 9 a.m. in Room 410.
The Committee on Seniors, Children, and Families will meet at 9:15 a.m. in Room 215E.
The Committee on Fire Departments and EMS will meet at 9:30 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 460.
The Committee on Technology and Infrastructure will meet at 2 p.m. in Room 434.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E. 
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.

Today, the House of Delegates adopted three resolutions. 

House Resolution 6 reaffirms the support for the preservation of West Virginia’s historic buildings, coal camp buildings, and coal heritage sites in Thurmond, WV. 

House Concurrent Resolution 24 requests a study of the school aid formula and how school aid funds are currently distributed. 

House Concurrent Resolution 71 requests the Division of Highways place ten additional signs along highways entering WV to honor fallen veterans and Gold Star Families.

Twelve bills were passed, including:

Senate Bill 171 prohibits county commissions from adopting ordinances or rules regarding agriculture operations. The bill also revokes any current ordinance or rule regarding agriculture operations. The bill requires an at-large member of county enforcement agencies to have a background in or knowledge of agriculture operations. 

Senate Bill 354 creates the West Virginia Advanced Energy and Economic Corridor Authority. The bill states the authority shall consist of 15 members including one representative from each of the economic development agencies of McDowell, Mercer, Mingo, Wayne, and Wyoming Counties; one representative from each of the planning and development councils for Region 1 and Region 2; a representative from the businesses and industries in the state, a representative from a utility company that provides service to the corridor, four private sector representatives from the technology, energy, advanced manufacturing, and aviation, aerospace or advanced air mobility sectors; and two at-large members from regions and counties along the corridor with knowledge and experience in local issues and economic development. Each member shall serve a five-year term. Members may be reappointed to additional terms. The chair, vice chair, and officers shall be elected annually by majority vote. 

The powers of the authority include but are not limited to setting goals and objects with input from member counties and communities; maintaining an inclusive geographic focus on economic development; seeking out public-private partnerships; propose legislation relating to the corridor; seek governmental engagement for guidance on initiatives to achieve economic objective; develop a MOU with the Appalachian Regional Commission; develop economic and tourism asset portfolio for inclusion of authority’s vision; and apply for tax-exempt status. 

When appropriate, the authority can acquire, own, hold, and dispose of property, lease property; mortgage its property; procure insurance, maintain sinking funds and reserves; contract for legal services; appoint officers, agents, and employees; make contracts; and accept gifts or grants.

The authority is required to prepare and submit a report to the Joint Committee on Government and Finance by December 1 of each year, beginning on December 1, 2024. 

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. 

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

The House is adjourned until tomorrow, February 14, 2023, at 11 a.m.

Committee Meetings, today Feb. 13
The Committee on Technology and Infrastructure will meet at 1:45 p.m. in Room 434.
 The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 460.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E. 
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.

Committee Meetings, tomorrow Feb. 14
 The Committee on Artificial Intelligence will meet at 9 a.m. in Room 434.
The Committee on Agriculture and Natural Resources will meet at 9:15 a.m. in Room 460.
The Committee on Workforce Development will meet at 10 a.m. in Room 410.
The Finance Committee will meet at 1 p.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
The Judiciary Committee will meet at 1 p.m. in Room 410. 
The Education Committee will meet at 2 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Committee on Finance will hold a public hearing on Wednesday, February 14, 2023, at 8:45 a.m. in the House Chamber for House Bill 4850 – Removing the sunset clause from Oil and Gas Personal Property Tax.