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Tuesday, July 8, 2025
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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. 

Senate Passes Hunger-Free Campus Act

The Senate passed a bill to help alleviate food insecurity on West Virginia’s college campuses during Monday’s floor session.

Senate Bill 292, dubbed the Hunger-Free Campus Act, would provide grants to higher education institutions to aid in alleviating food insecurity for students on campus.

Under the bill, campuses would designate a staff member responsible for helping eligible students to enroll in the Supplemental Nutrition Assistance Program (SNAP). There would be options to use SNAP benefits at campus stores that meet federal nutrition standards.

Campuses would also have food pantries and other ways for students to obtain food in a discreet way that reduces stigma. The legislation calls for a meal credit sharing program or funds for free meal vouchers.

Last week in the Senate Education Committee students from WVU and Marshall spoke of the need for this bill.

Their presentations to the committee used statistics to illustrate that one in three college students experience hunger each day. They said these students can’t afford balanced meals, sometimes don’t know where their next meal is coming from and fear running out of food before being able to purchase more.

In expressing their support for the bill, several lawmakers noted that that they were unaware hunger was an issue on the state’s college campuses.

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

The Senate has adjourned until tomorrow, Feb. 20, at 11 a.m.

Afternoon Meetings:

Military at 1 p.m. in 208W

Transportation and Infrastructure at 1 p.m. in 451M

Ag and Natural Resources at 2 p.m. in 208W

Banking and Insurance at 2 p.m. in 451M

Judiciary at 3 p.m. in 451M

Morning Meetings for 2/20:

Gov. Org at 10 a.m. in 208W

Education at 10 a.m. in 451M

House Passes Bill Removing Obscene Matter Exemptions

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.

Senate Passes Bill Dealing Health Care Sharing Ministries

The Senate passed a bill to create the Health Care Sharing Ministries Freedom to Share Act during Friday’s floor session.

Senate Bill 375 is the vehicle for this legislation, which passed overwhelmingly last year before stalling in the House Judiciary committee.

The legislation explicitly says that a Health Care Sharing Ministry is not health insurance and that they are exempt them from the state’s insurance laws.

A sharing ministry serves as a facilitator among ministry members, who agree to assist other members with medical expenses through contributions. A ministry by definition limits its membership to those who share a common set of ethical or religious beliefs.

The ministry provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the ministry. Members are responsible for paying their own bills.

Under current law, a public higher education institution that requires health insurance must recognize a student’s membership in a sharing ministry in lieu of insurance.

Currently, 31 states already have health care sharing ministries in code and recognize that they are not health insurance. The West Virginia insurance commissioner already recognizes that these are not insurance companies and this bill simply codifies that.

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

The Senate is adjourned until Monday, Feb. 19, at 11 a.m.

House Adopts Resolutions Rejecting Euthanasia

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.

Senate Passes Three Voting-Related Bills

The Senate passed three voting-related bills that came at the request of the Secretary of State during Thursday’s floor session.

Senate Bill 622 would trim the time period for removing inactive voters from the voting rolls from eight years to six years.

Under current law, when a voter is inactive for four years, which would include not voting and not renewing a driver’s license among other things, the county clerk must send out a confirmation notice to the voter. If the card isn’t returned the person goes on inactive status. After two more federal election cycles of inactivity – another four years – the clerk would then remove the voter from the rolls.

This legislation would shorten the period the clerk has to wait to send out the confirmation notice to two years. This bill is aligned with Ohio law and has been upheld by the U.S. Supreme Court.

Senate Bill 623 would require the Division of Motor Vehicles to send images from a resident’s driver’s license or photo ID to the Secretary of State for voter identification purposes.

Under current law, the DMV sends images of voter signatures to the Secretary of State, which are then sent on to county clerks. Proponents believe this legislation would provide an extra layer of security and aid poll workers by giving them an extra form of identification when a signature is unclear or doesn’t match the voter’s signature that day.

Senate Bill 624 would work in tandem with the State-to-State voter information sharing program.

Under the program, when a West Virginia voter acquires a driver’s license in a participating state, that information would be transmitted to our Secretary of State, allowing them to remove the voter from the rolls.

These bills now head to the House of Delegates for consideration. If they complete legislative action, all three laws would take effect on Jan. 1, 2025, after the current election.

The Senate is adjourned until tomorrow, Feb. 16, at 9:30 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Transportation at 2 p.m. in 451M

Finance at 3 p.m. in 451M

Morning Meetings for 2/16:

The Workforce Committee will meet 15 minutes after tomorrow’s floor session.

Government Organization Advances Bill to Create Mobile Reciprocity Permit

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The Committee on Government Organization met this afternoon to consider the following:

House Bill 5017 creates a mobile food establishment reciprocity permit. A permit holder in compliance with the rules of the issuing local or county health department is deemed to be in compliance in all other counties. The permit shall be visibly posted when the mobile food establishment is operational.

House Bill 5082 exempts persons who have held an insurance license for 20 years or more from the requirement to attend continuing education courses, if 55 or older. The bill does require courses in ethics to be required regardless of time licensed.

House Bill 5223 creates the Southern Coalfield Resiliency and Revitalization program to identify and prioritize existing resources that can be directed to support economic development efforts in the Boone, Logan, McDowell, Mingo, and Wyoming counties.

House Bill 5590 changes the “Curator” of the Department of Arts, Culture, and History to the “Cabinet Secretary” of the Department of Arts, Culture, and History.

House Passes Bill Providing Definitions and Removing Marriage Exemption to Sexual Assault

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.