In the House’s morning floor session, one bill was rejected, and twelve bills were passed.

Senate Bill 488 failed with a vote of 33 in favor and 65 opposed. The bill would have clarified electioneering by prohibiting (1) display of a candidate or candidate’s committee name, likeness, or logo; (2) display of a ballot question’s number, title, subject, or logo; (3) campaign-related buttons, clothing, writing utensils that contain electioneering information; (4) distribution of campaign literature, cards, or handbills containing electioneering information; (5) soliciting of signatures to any petition; and (6) soliciting of votes for or against a candidate or ballot question.

The bill would have also prohibited the use of cell phones within 100 feet of the entrance of a polling location. The bill would have banned photos and videos from being taken while voting.

During Rules this morning, Senate Bill 483 was moved to the inactive calendar. At the start of the floor session, Senate Bills 154, 299, and 474 were transferred to the food of the calendar.

A few of the bills which passed this morning were:

Senate Bill 280 requires the display of the U.S. motto, “In God We Trust,” in the main building of all West Virginia public K-12 schools and state institutions of higher education. The display must be acquired through private donations.

Senate Bill 531 expands the criminal penalties for assault and battery on an athletic official to include athletic participants. It authorizes the school entity to ban anyone convicted of such offenses for at least 365 days, with enforcement as a form of trespass.

Senate Bill 576 allows fixed odds betting on horse and dog racing in the state and allows betting on the sports wagering apps offered by the state’s casinos. The state’s 10% tax on the receipts from these races will be distributed to the racetracks, the Greyhound Breeder’s Fund, and the thoroughbred purse funds.

The House is in recess until 1:30 p.m.

The House reconvened this afternoon to amend bills on second reading.

Several of the bills were amended and Senate Bills 154, 229, 474, 586, 790, and 825 were advanced with the right to amend. Senate Bill 856 was postponed one day. After completing second reading, the House recessed until 5 p.m., and the Rules Committee convened to move Senate Bill 526 back to the active calendar.

Upon reconvening, the House heard Senate messages. The House concurred with the Senate to complete seven bills. A motion was made to reject Senate Bill 748 on first reading. However, the motion was rejected. The bill will be on the amendment stage tomorrow and has several amendments pending.

The House recessed until 7 p.m.

When the House returned, House Bill 2026, the Budget Bill was received through Senate messages. The House amended the compromise budget into the bill. The changes include salary adjustments for constitutional officers to reflect salary in code; PEIA recalculation; reduction in personal services in departments with long-term vacancies; public defenders’ pay raises; increases to Higher Education Policy Commission, and increased funding for pregnancy centers, Health Right, birth to three, waiver programs, adoption, and foster care programs.

The General Revenue Fund budget is $5,317,557,000 with a surplus of $210,250,000. The compromised budget is $5,000,000 less than the Governor’s introduced budget. The General Revenue breakdown is:

• Legislative Branch: $31,377,663
• Judicial Branch: $168,226,450
• Executive Branch
  • Governor’s Office: $16,940,401
  • Auditor’s Office: $2,784,484
  • Treasurer’s Office: $3,764,435
  • Department of Agriculture: $27,986,674
  • Attorney General: $5,986,622
  • Secretary of State: $1,024,648
  • Department of Administration: $102,657,122
  • Department of Commerce: $83,673,866
  • Department of Tourism: $36,515,705
  • Department of Education: $2,274,594854
  • Department of Environmental Protection: $7,915,309
  • Department of Health: $110,920,051
  • Department of Human Services: $791,025,664
  • Department of Health Facilities: $219,135,015
  • Department of Homeland Security: $576,549,322
  • Department of Revenue: $68,574,248
  • Department of Transportation: $9,108,595
  • Department of Veterans Affairs: $17,843,754
  • Bureau of Senior Services: $6,580,366
  • WV Council for Career and Technical Colleges: $88,141,984
  • Higher Education Policy Commission: $392,534,525
  • Adjutant General: $17,289,059

The State Road Fund is $2,129,082,658, while “Other Funds” (special revenue) total $2,315,143,753. The Lottery Revenue Fund is $157,392,000, with a surplus of $16,750,000. The Excess Lottery Revenue is $335,008,512 with a surplus of $21,345,488. The expected Federal Funds total is $8,224,744,008 with Federal Block Grants totaling $730,395,275.

A $12,000,000 special revenue appropriation was made and to be used as follows: $1,000,000 for Division of General Services’ Capitol Complex Parking Garage Fund, $1,000,000 for the Division of Labor’s Bedding and Upholstery Fund, $2,000,000 for the Division of Natural Resources Planning and Development Division, $4,000,000 for the Fire Commission’s Fire Marshal Fees, and $4,000,000 for the Public Service Commission’s Motor Carrier Division.

The total funding for the Hope Scholarship is $24,000,000 from General Revenue and $9,000,000 from the Lottery Revenue Fund.

The compromise budget passed the House and heads to the Senate for concurrence.

The House is adjourned until 9 a.m. tomorrow, April 11, 2025.

Committee Meetings, Tomorrow, April 8

• The Rules Committee will meet at 8:45 a.m. in the Speaker’s Conference Room.

The Senate again passed a bill on Thursday that would establish the Legislature’s ultimate authority over the state’s educational rules, mandating that newly created rules be submitted for legislative review, approval, amendment or rejection.

House Bill 2755 would require the state board of education to submit newly promulgated rules to the Legislature through the Legislative Rule-Making Review Committee.

The Senate passed its own version of this bill in late March but is now using the House’s version in the final days of the 2025 legislative session.

The state board of education’s authority is laid out in the state Constitution, which states “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” The state Supreme Court has upheld this language multiple times.

West Virginia voters rejected a constitutional amendment in 2022 that would given the Legislature the authority that this bill seeks to provide.

As was the case with this bill the first time, supporters said that the constitutional amendment was on the ballot with several others three years ago and that voters were confused. They also contend that the Supreme Court has been wrong in its rulings, misinterpreting the law multiple times. They believe that ultimately, educational rules should not be made by unelected bureaucrats.

Critics of the bill said they are reluctant to go against the will of the voters and that the people of West Virginia have stated clearly that they don’t want non educators messing with the educational process. They also believe that if this bill passes it will be ruled unconstitutional.

The Senate amended the bill and it now heads back to the House of Delegates for final approval.

UPDATE:

The Senate completed its calendar in a series of floor sessions throughout the remainder of the day. The body also received messages from the House and completed action on several bills.

As of this evening, 131 bills have completed legislative action.

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

In the morning floor session of Day 58, the House concurred with the Senate to complete action on four bills and concurred but amended four other bills. Fourteen bills were on third reading and five of them completed legislative action.

Two House Bills advancing to the Senate provide additional funding to the Hope Scholarship. House Bill 3356 appropriates $28,400,666 from the unappropriated balance of the General Revenue. House Bill 3357 appropriates $33,804,764 of the unappropriated surplus balance of the Lottery Net Profits.

Debate ensues on appropriating additional funds to the Hope Scholarship Program, which is already funded in the 2026 budget with $24,610,523 from general revenue and $9,197,431 from lottery revenue in the House version of the Budget.

Proponents of the bills stated that additional funding is required because the program is an obligation of the state. They noted the program is about educational choice and parental choice. Opponents said that there are other obligations of the state being underfunded due to the ever-growing program. Many compared it to the Promise Scholarship implementation, where after a couple of years parameters were set requiring specific testing scores. Individuals on both sides of the issue recognize that if the line item is to continue to grow, parameters will be needed.

House Bill 3356 advanced with 75 in favor and 21 against. House Bill 3357 advanced with 76 in favor and 21 against.

After completing the bills on third reading, the House recessed. There are 44 bills on second reading to be taken up and one bill on first reading.

The House is in recess until 2 p.m.

All bills on third reading were read on Day 57 in the House of Delegates.

Senate Bill 485 requires the Secretary of State to provide documents related to any exempt purchase or procurement to be provided to the Director of the Division of Purchasing for posting on the division’s website. Additionally, the bill provides that the Secretary of State does not have to release to the director any documents that would be exempt from disclosure if requested via W. Va.’s FOIA.

Senate Bill 496 removes “acupuncture” and “healing touch” from the definition of massage therapy. Acupuncture was removed because it is regulated by the West Virginia Acupuncture Board. The Massage Therapy Board requested the removal of “healing touch.” The bill clarifies a person does not need any license, certification, or registration to practice reiki, qigong, or sound healing.

Senate Bill 565 updates the practice of optometry to include the use of therapeutic lasers. The bill allows a licensee to perform procedures taught and trained through schools or colleges of optometry accredited by the Accreditation Council on Optometric Education. The licensee must obtain a certification for Ophthalmic Laser Utilization, by submitting an application and proof of attendance and satisfactory completion of the education and training requirements established by the Board.

Senate Bill 617 amends the criminal code to include gangs and gang activity as an organized criminal enterprise. The bill was amended to define gang as “any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its activities the commission of one or more qualifying offenses, and whose members engage in or have engaged in qualifying offenses.” The bill clarifies that recruiting into gangs is a separate offense from the qualifying offenses and is subject to a separate punishment.

Senate Bill 736 eliminates the requirement that the Ethics Commission publish booklets containing lobbyist information and requires the commission to make the information available on its website in a printable format.

Senate Bill 765 establishes the Troops-to-Teachers program to attract veterans for the armed forces to become public school teachers. The conditions the person must meet are (1) Be an honorably discharged member of the armed forces, (2) Hold at least a bachelor’s degree from an accredited institution of higher education that is related to the available position which the veteran has applied to, (3) Have passed the basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which the licensure is sought, and (5) Submit to a criminal history check.

Senate Bill 861 amends outdated references in the Purchasing Card Advisory Committee membership to reflect the consolidation of the Information Services and Communications Division into the Office of Technology.

Senate Bill 862 removes obsolete language in code relating to the West Virginia Gilding the Dome Check-Off Program, which expired in 1990.

Senate Bill 863 removes an outdated reference to the Information Services and Communication Division, which was dissolved on July 1, 2024.

Additionally, the House concurred with Senate amendments to complete action on the following bills:

House Bill 2013 states that as of July 1, 2025, all new hires within the Bureau of Senior Services and the Departments of Administration, Environmental Protection, Revenue, and Veterans’ Assistance, as well as any employee within those governmental entities that leaves his or her position, will be exempt from the classified civil service system and the state grievance procedures. The bill states the chief administrative officer of these governmental units shall have the authority to designate certain employees’ status under the classified civil service system and grievance procedures as necessary to comply with federal law, federal regulation, or the requirements for receipt of federal funding or assistance.

House Bill 2067 aims to prevent firearms sellers and manufacturers from being subject to liability in a manner that contravenes the purpose of the PLCAA. To bring a negligent marketing claim against a manufacturer or seller all the following conditions would have to be met:

• The marketing practice directly targeted individuals who are legally prohibited from owning firearms.
• The marketing practice encouraged or facilitated the unlawful use of firearms.
• There is a direct cause and substantial proximate cause between the marketing practice and the harm suffered by the plaintiff.
• The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.

The House is in recess until 6 p.m.

The House returned to receive Senate messages and committee reports. Several bills were read a first time and will be on second reading tomorrow.

The House is adjourned until 9 a.m. tomorrow, April 10, 2025.

Committee Meetings, Today April 9

• The Committee on Government Organization will meet at 2:15 p.m. in Room 215E.
• The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.
• The Finance Committee will meet at 7 p.m. in Room 460.

Committee Meetings, Tomorrow April 10

• The Rules Committee will meet at 8:45 a.m. in the Speaker’s Conference Room.

The Senate passed three bills during its morning session on Tuesday: House bills 2008 and 2009, both reorganizing the executive branch; and House Bill 2013, transferring certain state employees to classified exempt service.

House Bill 2008 would return the Department of Economic Development to the Department of Commerce as a division. Under the legislation, the current cabinet-level position of secretary of the Department of Economic Development would become an executive director position beneath  the Department of Commerce Cabinet Secretary.

Last week the Senate Government Organization committee removed a change made by the House of Delegates transferring law enforcement officers within the Division of Natural Resources within the Department of Commerce to the Department of Homeland Security.

House Bill 2009 would eliminate the Department of Arts, Culture and History and transfer its divisions, boards and agencies to the Department of Tourism.

Both 2008 and 2009 would prohibit new hires or those promoted within the reorganized departments of Commerce and Tourism from being covered by classified civil service protections beginning July 1, 2025.

Another related bill passed Tuesday, House Bill 2013, would exempt future state employees and current state employees who transfer or are promoted within the Bureau of Senior Services, the Department of Administration, the Department of Environmental Protection, the Department of Revenue,and the Department of Veterans’ Assistance from the classified civil service system and state employee grievance procedures beginning July 1, 2025.

All three of theses bills were introduced on behalf of the Governor. They now head back to the House of Delegates for final approval.

UPDATE:

The Senate reconvened around 7:30 p.m. to complete the day’s calendar.

The body completed legislative action on four bills and passed 11 others that will need to go back to the House of Delegates for final approval.

The bills that completed action tonight include:

House Bill 2711 repeals the common law rule against perpetuities by prospectively extending its application to all trusts to 1,000 years and to modernize West Virginia trust law.

House Bill 2761 increases the jurisdiction limits of magistrate courts for claims less than or equal to $20,000.00 and to clarifies that corporate parties may appear pro-se by an agent or by an attorney provided the corporate party is attempting to vindicate its claims rather than those of a third party.

House Bill 2897 permits the Legislative Auditor to conduct periodic performance and financial audits of the West Virginia Department of Education.

House Bill 3157 modifies the shortened process for certain road condition claims to expedite the process; and for the Division of Highways to establish a line item in its budget for the expedited payment of certain stipulated road condition claims.

These bills now head to the Governor’s desk to await his signature.

The Senate is adjourned until tomorrow, April 9, at 11 a.m.

Morning Meetings for April 9:

Judiciary at 9:30 a.m. in 208W

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

The Education Committee met this afternoon.

Senate Bill 158 modifies eligibility and qualifications to serve as an appointed member of the State Board of Education. The bill prohibits certain political activities.

Senate Bill 581 provides excused absences for students including up to 5 college visits and participation in any WV Department of Education sanction activity or program for student enrichment including 4-H, FFA, FBLA, etc. There is a limit of 10 for each student per school year.

Senate Bill 912 requires the statewide student growth assessment program to be composed of benchmark assessments to be given in the first 30 days of the school year, mid-year, and at the end of the school year to determine student progression in reading and mathematics in grades four through eight.

Senate Bill 911 allows adjunct teacher permits who meet requirements (1) four years of experience or college degree in the content area, (2) a criminal background check, and (3) have not been convicted of a felony, pleaded guilty or no contest to a felony charge or any charge involving sexual misconduct with a minor. County boards are not required to provide retirement benefits, health insurance, or other type of benefits unless both the county board and the adjunct teacher agree to the benefits.

Senate Bill 914 changes the minimum instructional term for private, parochial, or religious schools from 180 days with an average of five hours of instruction per day to 800 hours per school year. The bill was laid over one day.

Senate Bill 154 prohibits instruction relating to sexual orientation and gender identity. The bill prohibits a public school, and the county board employees assigned to the school from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex. It also requires the reporting of a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex to an administrator employed by the county board and assigned to the school. Additionally, the bill requires the administrator to report the student’s request to the student’s parent, custodian, or guardian. The bill was amended to remove a parent’s ability to file civil action; any complaints are to be handled by the board of education.

There was a motion to table the bill, and it was rejected. Another motion to lay the bill over one day was rejected. The previous question was called. The bill advances to the Judiciary Committee.

Today, the House completed action on four bills, passed 6 others, and postponed two bills.

Completed Bills

Senate Bill 810 clarifies the qualifications required for the administration of anesthesia. The bill allows Certified Registered Nurse Anesthetists (CRNAs) to administer anesthesia if they hold an advanced practice registered nurse (APRN) license or have completed an accredited nurse anesthetist program.

House Bill 2217 increases the penalties for conspiracy to commit certain crimes. Any person who conspires to commit a felony crime against a person or a felony where the victim is a child faces imprisonment in a corrections facility for three to 15 years. The bill clarifies felony crimes of kidnapping, arson, and sexual assault.

House Bill 2360 clarifies that crimes against law enforcement officers included pre-certified officers, those still in training, and chief executives such as sheriffs. The Senate amended the bill to add any person hired, elected, appointed, or otherwise authorized to engage in or supervise the prevention, detection, or investigation of the criminal laws of this state.

House Bill 3030 removes the permit fee limit relating to the WV Water Pollution Control Act.

Passed Bills

Senate Bill 1 requires the Division of Highways (DOH) and utilities to coordinate the timing of paving jobs and utility construction jobs to avoid the destruction and preserve the condition of newly paved roads.

Senate Bill 198 prohibits the creation, production, distribution, or possession of artificially generated child pornography.

Senate Bill 257 protects private property owners who have a cemetery on their property from liability if a visitor to the property damages the cemetery property.

Senate Bill 270 declares the sale, repair, maintenance, and manufacture of firearms, ammunition, and related accessories and components to be essential businesses and services for safety and security in times of declared emergency or any other statutorily authorized responses to disaster, war, acts of terrorism, riot or civil disorder, or other emergencies.

Senate Bill 464 authorizes the Division of Motor Vehicles (DMV) to issue special license plates to recipients of the distinguished Medal of Valor. The plate may be issued to firefighters, law enforcement officers, and emergency medical services personnel who distinguish themselves at the risk of their lives above and beyond the call of duty in the performance of their duties.

Senate Bill 537 provides funding to approved pregnancy help organizations.

Senate Bill 617 on third reading and Senate Bill 748 on first reading were postponed one day.

The House is in recess until 5:30 p.m.

Committee Meetings, Today April 7

• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Committee on Energy and Public Works will meet at 3 p.m. in Room 460.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.

Committee Meetings, Tomorrow, April 8

• 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. in the Speaker’s Conference Room.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.

The Judiciary Committee met this morning to consider the following legislation.

Markup & Passage

Senate Bill 474 eliminates the diversity, equity, and inclusion programs, training, activities, offices, and officers from the executive branch, primary and secondary schools, and higher education institutions.  The bill requires state institutions to reallocate unexpended funds that would have been expended on diversity, equity, and inclusion projects. There is a complaint process for those aggrieved by violating the section in K through 12. The bill also prohibits teachers and county boards from using students’ preferred pronouns.

The counsel referred to the definition several times during the discussion. “Diversity, Equity, and inclusion” is defined as: any action, attempt, or effort to: (A) Influence hiring or employment practices concerning race, color, sex, ethnicity, or national origin, other than through the use of color-blind and sex-neutral hiring processes by any applicable state and federal anti-discrimination laws; (B) Promote or provide special benefits to individuals based on race, color, ethnicity, or national origin; (C) Promote policies or procedures designed or implemented about race, color,  ethnicity, or national origin, other than to ensure compliance with an applicable court order or state or federal law; or (D) Conduct training, programs, or activities designed or implemented about race, color, ethnicity, or national origin, other than training, programs, or activities developed for the sole purpose of ensuring compliance with an applicable court order or state or federal law.

Some were concerned about limiting education and expressed that the definition is grouping three ideas together and not defining them separately. They also noted that DEI offices have helped students struggling academically with learning disorders such as ADHD. The definition in the bill does not account for everything DEI offices provide. Noted during the discussion were veterans and spouses, low-income, and underserved populations. Some of these types of DEI are allowed within the bill. The bill addresses race, color, sex, ethnicity, or national origin.

The Education Committee provided an amended bill, which the Judiciary Committee rejected. The committee moved forward with the Senate bill. The amendment would have provided the exceptions for women. The Senate version of the bill advances to the floor.

Senate Bill 586 requires appointments to vacancies for the offices of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, Justice of the Supreme Court of Appeals, Judge of the Intermediate Court of Appeals, member of Congress, or in any office created or made elective to be filled by the voters of the entire state, or judge of a circuit court or judge of a family court, to be made from a list of persons of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election for that office. The bill was amended and advanced to the floor.

Committee Hearing

Senate Bill 124 reduces the statute of limitations on actions to recover on oral and written contracts, on bonds of fiduciaries and personal representatives, and on recognizances. The bill states that the statute of limitations doesn’t start until the person has the right to bring a claim or knew or should have known they had the right to sue, whichever is later.

Current time limits are:

• 10 years for Written contracts, bonds, fiduciary/public officer bonds
• 5 years for Oral contracts or implied contracts
• 10 years for Recognizance (except bail)
• 10 years for Fiduciary account liability (after court confirmation)

The new time limits would be:

• 5 years for Written contracts, bonds, fiduciary/public officer bonds
• 2 years for Oral contracts or implied contracts
• 5 years for Recognizance (except bail)
• 5 years for Fiduciary account liability (after court confirmation)

Senate Bill 280 requires public elementary or secondary schools to display a durable poster or framed copy of the United States national motto, “In God We Trust” in a conspicuous place in the main building of every school or campus. The bill states that no public funds may be used for the motto.

Senate Bill 488 prohibits (1) the display of a candidate or candidate’s committee name, likeness, or logo; (2) the display of a ballot question’s number, title, subject, or logo; (3) campaign-related buttons, clothing, writing utensils that contain electioneering information; (4) distribution of campaign literature, cards, or handbills containing electioneering information; (5) soliciting of signatures to any petition; and (6) soliciting of votes for or against a candidate or ballot question. The bill allows cell phone use by voters within 100 feet of the entrance of a polling location so long as electioneering or loud or disruptive conversations do not occur.

Senate Bill 531 increases the penalty for assault of an athletic official to a fine of not less than $500 nor more than $1,000 or confinement in jail for not less than one nor more than six months, or both fined and confined. The bill also increases the penalty for battery of an athletic official to a fine of not less than $1,000 nor more than $2,000 or confinement in jail for not less than six nor more than 12 months or both fined and confined.

Senate Bill 864 clarifies the inference of criminal intent in a burglary prosecution.