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.

Today, the House of Delegates passed seven bills including:

House Bill 5161 creates a digital wallet to collect and organize learning and employment records, certifications, and licensures on the Secretary of State’s one-stop business portal. The bill requires the digital wallet to be available by January 1, 2025The digital wallet will serve as a repository of documents, and safeguards should be in place to protect information within the digital wallet.  

House Bill 5252 requires that anyone employed for the first time as a director, assistant director, or coordinator of transportation for county school boards to have at least five years of working experience in the transportation department of a county board or meet/obtain the qualification as a school bus operator within one year of employment. 

Proponents felt this bill is necessary to allow for those managing the positions within the transportation department to understand how buses and routes operate. They also stated that in an emergency the individual could fill in as a driver. This also allows for a path of advancement for bus drivers who have served for several years. Proponents also pointed out that the bill does not affect those currently serving in these roles, as they would be grandfathered in. 

Opponents felt this requirement isn’t necessary for directors and coordinators, as their role is an administrative position. They stated that the administrative positions are to manage people and systems, not to drive the buses. They stated people can do this role without a comprehensive understanding of how buses operate. 

The bill passed with 51 in favor and 47 opposed. 

House Bill 5286 removes a loophole in the code. The bill clarifies that a subcontractor cannot use the contracting company’s certificate of need when providing personal care services. They must obtain their own certificate of need. 

House Bill 5287 adds a new section of code for maintenance vehicles, which are vehicles used by any company performing public service of maintaining public buildings, highways, and bridges. The bill states that maintenance vehicles and disabled vehicles are to be treated the same as emergency vehicles. Drivers should slow down and move over to provide space between them and the vehicle. 

Several bills were amended, including:

Senate Bill 354 creates the WV Advanced Energy and Economic Corridor Authority. The bill lays out the membership, duties, and requirements of the authority. An amendment from Delegate Rohrbach was adopted. The amendment adds Wyoming County to the list of counties represented on the authority. Others represented are McDowell, Mercer, Mingo, and Wayne Counties. The amendment also increases the number of private sector representatives to four to add a representative from the aviation, aerospace, or advanced air mobility sector. 

Another Amendment was offered by Delegate Dillon. However, the amendment was rejected. The amendment was a strike and insert, which changed the name of the authority to the King Coal Highway Advisory Board. This amendment stated the Advisory Board would be made up of the county commissions for McDowell, Mercer, Mingo, and Wayne Counties. An additional six members would be added to the original 12 members. Opponents of this amendment felt the requirements of representatives were too limiting. 

House Bill 5295 authorizes private outdoor designated areas (PODAs) to host multiple qualified permit holders. The bill was amended to add to the definition of qualified permit holder to include Class A, B, or S2 license holders that have elected to operate in a PODA and have been issued a Class S4 license. 

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

House Rules met this morning, advancing House Resolution 6, House Concurrent Resolution 24, House Concurrent Resolution 71, and House Joint Resolution 28 to the floor. The Committee also moved House Bills 5243, 5263, 5269, and 5270 from the (active) Special Calendar to the (inactive) House Calendar.

The House is adjourned until tomorrow, February 13, 2023, at 11 a.m.

Committee Meetings, today Feb. 12
The Committee on Government Organization will meet at 1:30 p.m. in Room 215E.
The Finance Committee will meet at 1:40 p.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
The Judiciary Committee will meet at 2:30 p.m. in Room 410. 
The Education Committee will meet at 2:45 p.m. in Room 434.

Committee Meetings, tomorrow Feb. 13
The Committee on Pensions and Retirement will meet at 9 a.m. in Room 460.
The Committee on Banking and Insurance will meet at 9 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 Energy and Manufacturing will meet at 1 p.m. in Room 460.
The Committee on Technology and Infrastructure will meet at 1 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.

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.

Today, the House passed completed action on three bills and passed seven others.  

Senate Bill 318 requires the Department of Human Services to provide a certificate when parental rights are terminated due to neglect and abuse. These certifications must be included in adoption petitions.

This bill arose as there have been situations where termination of parental rights had been reversed after adoptions have been finalized resulting in lengthy legal battles and distress to children and families.

Senate Bill 428 establishes that appeals from administrative rulings by the Commissioner of the Department of Agriculture concerning the Frozen Desserts and Imitation Frozen Desserts Law are to be filed with the Intermediate Court of Appeals.

Senate Bill 543 states that to foster economic development and research, state higher education institutions may enter into agreements and contractual relationships with corporations.

House Bill 4224 requires the West Virginia Division of Highways to develop performance standards and criteria to measure agency performance in all essential operations. The bill also requires the division to employ a management information system that will track the division’s past and current progress toward meeting performance standards. The DOH says they already have a system similar to this in place. This bill would codify what they are doing.

House Bill 4233 requires birth certificates issued in this state to include the sex of the child at birth as male or female. The bill prohibits the use of the term “non-binary” on birth certificates.

House Bill 4758 creates the Joint Legislative Oversight Committee on the Fusion Center. The bill establishes reporting requirements and clarifies the Fusion Center’s duties and functions, prohibitions, and restrictions when gating information or intelligence. The bill also creates criminal penalties for violations of prohibitions and restrictions applicable to the West Virginia Fusion Center.

House Bill 4845 prohibits swatting, which is the act of falsifying reports to law enforcement and emergency services. These false reports could put others at risk of injury or death. First offense, the offender is guilty of a misdemeanor with a fine of up to $500 and no more than six months in county jail. For a second or subsequent offense or if the violation causes harm to any person, the offender shall be guilty of a felony and subject to a fine between $5,000 and $10,000 and/or one to five years in a state correction facility.

House Bill 5232 removes the allowance of the owner, lessee, or other persons in charge of a property to inquire about the presence or absence of a firearm locked inside or locked to a motor vehicle in a parking lot of a customer, employee, or invitee. A customer, employee, or invitee may not be removed from the property or be terminated if any employee.

House Bill 5250 works to combat gift card fraud. Senior citizens are often the target of this type of fraud. The bill requires retailers and employees to be trained on gift card fraud. The sale of gift cards must have an interaction with an employee.

House Bill 5251 creates the Telephone Consumer Protection Act, which prohibits solicitors from using auto-dial systems to make calls, artificial or recorded voice for calls, technology to show false numbers, calling during the hours of 8 p.m. to 8 a.m., or calling more than three times in the same 24-hour period.

A lengthy debate ensued during the amending of House Bill 5243.

Amendment Young et al #1 would have removed the tax on feminine hygiene products, required feminine hygiene products to female inmates in adult and juvenile correctional facilities and female students for free, created a Dignity in Pregnancy Act, allowed all adults to make and carry out one’s health care decisions, provided eight weeks paid family leave and four weeks of unpaid family leave, created a Fair Pay Act and removed the exception for marital sexual assault from code.

Amendment to the Young et al #1 Amendment – Steele Amendment – struck everything in the Young et al amendment except the removing the marital sexual assault allowance which is in Chapter 61-8B-1 of the code and added back in the original text from House Bill 5243. West Virginia is one of the few states that have this language still in code and it has been used as a defense in sexual assault cases. This amendment to the amendment was adopted, replacing Young et al #1.

Other amendments to the amended amendment were considered.

Amendment Hansen et al attempted to amend the Definitions of Terms section of the bill to add an exception for the Human Rights Act. The amendment was rejected.

Amendment Young et al #2 would have added into the bill that every adult had the right to make and carry out one’s own health care decisions. The amendment was rejected.

Here is how the final amended bill reads. It advances to third reading.

Bills introduced today can be found here.

The House is adjourned until Monday, February 12, 2023 at 11 a.m.

Committee Meetings, today Feb. 9
The Judiciary Committee will meet immediately following the floor session in Room 410.

Committee Meetings, Monday, Feb. 12
The Finance Committee will meet at 1 p.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
 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.

It was a long floor session in the House today. The House concurred with the Senate on two bills to complete legislative action.

House Bill 4801 prohibits the State Treasure from entering term or condition contracts. The bill also requires the State Treasure to announce the commencement of the WV Security for Public Deposits Program by publishing a notice in the State Register at least 30 days before the commencement. The Senate amended the bill by making the text match that of Senate Bill 455. The House concurred to complete Legislative action.

Senate Bill 300 clarifies that although the Office of the Inspector General is housed within the Department of Health, it is a separate and autonomous office. The House concurred to complete Legislative action.

Nine bills passed today in the House, including the following:

House Bill 4851 allows public and private schools to employ school security officers. SSOs must be retired law-enforcement officers in good standing. The individuals must complete training and certification courses in relevant state and federal laws, school and personal liability issues, security awareness, mediation and conflict resolution, de-escalation, disaster and response, awareness of racism, cultural diversity, and implicit bias, working with students with disabilities, autism spectrum disorders, mental health needs, substance use disorders, and past traumatic experiences, and student behavior dynamics. SSOs are limited to taking a student into detention. With the appropriate training, SSOs will be permitted to carry a firearm. An amendment was adopted to remove the words “systemic and individual” regarding racism.

House Bill 5054 creates license types for birthing centers. The bill streamlines administrative requirements and processes for birthing centers to make them more consistent with other OHFLAC-regulated facilities.

House Bill 5064 removes the loan value of a motor vehicle be less than $9,500 to allow auto dealers, licensed automobile auctioneers, motor vehicle repair facilities, or towing companies upon whose property or place of business an abandoned or junked motor vehicle has been abandoned to obtain a certificate of title and registration for the abandoned motor vehicle or junked vehicle.

House Bill 5057 sets the referral fee for an insurance company or producer to a one-time fee of no more than $100.

House Bill 5298 prohibits unsuccessful candidates in a primary election from being nominated by a different political party for placement on the subsequent general election ballot.

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

The House is adjourned until tomorrow, February 9, 2023, at 11 a.m.

Committee Meetings, today Feb. 8
The Committee on Technology and Infrastructure will meet at 3 p.m. in Room 434.
 The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.
The Committee on Economic Development and Tourism will meet at 4 p.m. in Room 410.

Committee Meetings, tomorrow Feb. 9 
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 9:30 a.m. in Room 410.
The Education Committee will meet at 10 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Judiciary Committee will meet after the floor session in Room 410.