Blog – Page 30

Senate Advances Bill to Adjust Firefighter Holiday Pay

Senate Floor Session

Christopher Marshall

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February 7, 2024

Senate Advances Bill to Adjust Firefighter Holiday Pay

The Senate passed a bill on Wednesday that would clarify compensation for municipal firefighters who are required to work a holiday shift.

Senate Bill 557 would establish that firefighters are entitled to compensation for an entire shift, even if only a portion of the holiday shift actually falls on the holiday.

The bill is seen as a fairness issue as some municipalities have taken the position firefighters only receive holiday pay or comp time for the portion of the shift that falls on the holiday. In this scenario, if the firefighter takes time off on the holiday, they are charged for the full shift. The most common shift worked by a firefighter is 12 hours, 8 a.m. until 8 a.m.

The bill doesn’t change the rate of time-and-a-half compensation or the compensatory time allowed if the municipality chooses that methodology.

The legislation should make holiday pay for municipal firefighters uniform across the state. The measure now goes to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Feb. 8, at 11 a.m.

Afternoon Meetings:

Economic Development at 1 p.m. in 451M

Pensions at 2 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for 2/8:

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

Education at 10 a.m. in 451M

Three Bills Advance from House Health

House Committee

Cheyenne DeBolt

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February 6, 2024

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The House Health and Human Resources met this afternoon and advanced three bills.

House Bill 5175 eliminates the funding for the Center for Nursing and transfers its duties and authorities to the HEPC. The bill creates an Office of Nursing Education and Workforce Development within the HEPC which will be charged with providing support for expanding nursing programs, promoting, and coordinating opportunities for nurses to earn higher degrees, administering the scholarship program for nurses, and collecting and disseminating data. The bill advances to House Education.

House Bill 5286 removes the ability to subcontract in the certificate of need process.

Senate Bill 474 creates a Critical Incident Review Team to oversee and coordinate the examination, review, and assessment of the death or near death of a child in the custody of the Department of Human Services, with a family member who is known to have a history with the department, or a child whose identity is brought to the attention of the department through centralized intake. The bill advances to House Judicary.

House Adopts Resolution Honoring Medal of Valor Nominees

House Floor Session

Cheyenne DeBolt

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February 6, 2024

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House Adopts Resolution Honoring Medal of Valor Nominees

Today, the House of Delegates passed two resolutions and seven bills and postponed eight bills.

Senate Concurrent Resolution 24 recognizes and honors the First Responders Honor Board’s nominees for the Medal of Valor. The Medal of Valor is presented to those who go above and beyond the call of duty as firefighters, law enforcement officers, emergency medical services personnel, and other professionals. The individuals nominated, recognized, and honored West Virginia State Police Corporal David S. Fry, Upshur County Department of Homeland Security/County Emergency Manager, Deputy Director Derek V. Long, and Upshur County Sheriff John Michael Coffman.

House Joint Resolution 21 proposes an amendment to the WV Constitution, which prohibits individuals who are not US citizens from voting in elections within the state. If the resolution passes both the House and the Senate, it will be on the ballot of the 2024 general election.

House Bill 5018 gives the DEP authority to regulate community air monitoring programs to ensure proper scientific methods for data collection and evaluation are followed. The data cannot be used to for regulatory action or as evidence in court.

Opponents of the bill had issues with not allowing the data to be used as evidence. They felt that it is the court’s decision what should and should not be admissible in court proceedings. Some said the bill is imposing on the judicial system.

Proponents stated the bill does not attack or health community air monitoring. The Secretary of DEP can use the data from air monitoring to decide if an investigation may be needed to protect communities.

House Bill 5084 requires retailers to verify indentation and age upon the purchase of vapes and vape products.

House Bill 5091 removes the requirement that critical infrastructure be enclosed by a fence or barrier or marked with no entry sign. The bill increases penalties for the destruction or theft of critical infrastructure. The bill states anyone who willfully damages or destroys equipment in a critical infrastructure facility causing damages more than $2,500 is guilty of a felony and shall be fined $25,000 to $100,000 or be imprisoned for one to five years. For a second offense, the individual would be guilty of a felony and fined between $100,000 and $500,000 and/or be imprisoned for five to ten years.

House Bill 5122 removes the age cap of 45 years for deputy sheriffs and the age cap of 40 years for all municipal police officers starting their careers.

House Bill 5257 states the pay scale for magistrate court clerks, magistrate assistants, magistrate court deputy clerks, family court secretary-clerks, and family court judges shall be set by the Administrative Director of the Supreme Court.

House Bills 4851, 4704, 5038, 5050, 5054, 5064, 5083, and 5252 were postponed.

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

The House is adjourned until tomorrow, February 7, 2023, at 11 a.m.

Committee Meetings, today Feb. 6
The Committee on Energy and Manufacturing will meet at 1:45 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.

Committee Meetings, tomorrow Feb. 7
The Committee on the Prevention and Treatment of Substance Abuse will meet at 9:15 a.m. in Room 215E.
The Committee on Agriculture and Natural Resources will meet at 9:15 a.m. in Room 460.
The Committee on Artificial Intelligence will meet at 9:30 a.m. in Room 434.
The Committee on Workforce Development will meet at 10 a.m. in Room 410.
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 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 Judiciary Committee will hold a Public Hearing on Thursday, February 8, 2023, at 8:30 a.m. in the House Chamber for House Bill 5243 – Relating to Women’s Bill of Rights.

Senate Approves WV Corridor H Advanced Energy and Economic Corridor

Senate Floor Session

Christopher Marshall

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February 6, 2024

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Senate Approves WV Corridor H Advanced Energy and Economic Corridor

The Senate passed a bill on Tuesday that would create the West Virginia Corridor H Advanced Energy and Economic Corridor Authority.

Senate Bill 571 would establish an authority board consisting of county economic development officials to pursue energy and business growth along Corridor H.

The 16-member independent body would consist of representatives of economic development agencies in Lewis, Upshur, Barbour, Randolph, Tucker, Grant and Hardy counties, as well as representatives from industry and private business, both from throughout the state and within the corridor.

The intent of the legislation is to facilitate critical and time-sensitive opportunities for economic development in the corridor.

The Senate has adjourned until tomorrow, Feb. 7, at 11 a.m.

Afternoon Meetings:

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for 2/7:

Agriculture and Natural Resources at 10 a.m. in 208W

House Judiciary Discusses Sex Discrimination

House Committee

Cheyenne DeBolt

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February 5, 2024

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House Judiciary Discusses Sex Discrimination

House Judiciary met this afternoon.

House Bill 4233 requires birth certificates issued in this state to include the gender of the child at birth and prohibits the use of the term “non-binary” on birth certificates. The bill advances.

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 advances to the floor.

House Bill 4786 creates the Delivery Network Company Insurance Act. The bill requires Delivery Network Company to acquire insurance for drivers when making deliveries.

House Bill 4845 prohibits swatting.

House Bill 5072 creates the Act to Prohibit the Purchase of Small Unmanned Aircrafts Manufactured or Assembled by a Covered Foreign Entity.

House Bill 5232 updates the Business Liability Protection Act.

House Bill 5250 provides requirements a retailer must go through for gift card selling. Employers must provide training to employees relating to gift card fraud. If using self-checkout, an employee must interact with the customer before the purchase can be completed. The bill advances to the floor.

House Bill 5251 creates the Telephone Consumer Protection Act, which prohibits solicitation calls utilizing auto dialing and voice recordings. The bill also sets other prohibitions. The bill advances to the floor.

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.

House Bill 5243 establishes the WV Women’s Bill of Rights, which brings “clarity, certainty, and uniformity to the laws of West Virginia regarding sex discrimination, equality of the sexes, and benefits or services specifically provided to males/men and females/women.” The bill states anywhere “gender” is a stand-alone word in code that it is deleted and replaced with the word “sex.” The bill also states that the prohibition of sex discrimination shall be construed to forbid unfair treatment of females or males in similar situations. The bill states separate single-sex environments for males and females be provided where the sexes are not similarly situated. The bill states data collection shall not required relating to sex unless required by law. There is a severability clause. Three amendments were offered and one passed. The bill advances to the floor.

House Passes Bill Establish New Recycling Reporting

House Floor Session

Cheyenne DeBolt

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February 5, 2024

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House Passes Bill Establish New Recycling Reporting

Today, Delegates in the House passed seven bills and postponed House Bill 4940.

Senate Bill 31 is a rules bill for the Department of Human Services.

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.

House Bill 5006 amends the A. James Manchin Rehabilitation Environment Action Plan, an effort with the DEP to address litter, waste, dumps, and recycling programs. The bill requires recycling establishments tow report to DEP of the listed materials that are being recycled in the state. The bill also establishes new criteria for evaluating the success of the state’s recycling, which must be evaluated every five years. These changes are to ensure federal funding. The WV DEP shall report recycling data to the US EPA.

House Bill 5019 removes the requirement that an individual must return/surrender a license when downgrading or disqualifying a driver’s license.

House Bill 5045 clarifies carbon sequestration may not pollute groundwater.

House Bill 5127 ends the pilot program and permanently includes Potomac State College as an eligible program to participate in the “Learn and Earn Program.”

House Bill 5130 creates the Remote Patient Outcome Improvement Act. The bill allows health insurers or providers to subscribe to an internet provider for service at a patient’s home to facilitate the transition and analysis of vital signs and medical device data in real-time.

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

The House is adjourned until tomorrow, February 6, 2023, at 11 a.m.

Committee Meetings, today Feb. 5
The Finance Committee will meet at 1 p.m.. in Room 460 for Budget Hearings. 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.

Committee Meetings, tomorrow Feb. 6
The Committee on Banking and Insurance will meet at 9 a.m. in Room 410.
The Committee on Veterans Affairs and Homeland Security will meet at 9:15 a.m. in Room 215E.
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.

Senate Passes Bill to Protect Minors

Senate Floor Session

Christopher Marshall

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February 5, 2024

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The Senate passed a bill on Monday that would require the development of a Safety While Accessing Technology (SWAT) education program in elementary and secondary schools.

Senate Bill 466 would require schools to provide instruction on the risks associated with sharing sexually suggestive or sexually explicit materials, the legal and criminal consequences, and other long-term and unforeseen consequences associated with sharing the materials.

The legislation would require the state Board of Education to approve age-appropriate education for grades three through 12 and each county to adopt policies for annual instruction in the SWAT program. The bill also allows parents or guardians to opt their children out of the instruction.

The SWAT program is intended to show students the potential connection between sharing sexually suggestive or sexually explicit materials and the sharing of those materials by others, bullying, cyber bullying, extortion, and human trafficking.

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

The Senate is adjourned until tomorrow, Feb. 6, at 11 a.m.

Afternoon Meetings:

Military at 1 p.m. in 208W

Agriculture at 2 p.m. in 208W

Judiciary at 3 p.m. in 208W

Morning Meetings for 2/6:

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

Education at 10 a.m. in 451M

House Passes Bill to Fund Program to treat PTSD and Obesity

House Floor Session

Cheyenne DeBolt

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February 2, 2024

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House Passes Bill to Fund Program to treat PTSD and Obesity

Today, the House of Delegates amended one bill, recommitted another, and passed eight bills, including the following:

House Bill 5014 is a supplementary appropriation to the WVU General Administration Fund for $2,000,000 to fund a Pilot Program through the Rockefeller Neurosciences Institute. The team at WVU RNI developed a tactic to use ultrasound to treat Parkinson’s, Alzheimer’s, and opioid use. The team has received FDA clearance to expand the program to treat PTSD and obesity. The two health concerns are very prominent in West Virginia. The bill is effective from passage, and it heads to the Senate.

House Bill 4292 provides enhanced damages for unpaid royalties on vertical wells not paid six months from the due date. The enhanced fee would be three times the amount due plus court and lawyer fees.

House Bill 4965 provides restitution to children who have lost parents/guardians due to negligent homicide or DUI causing death.

House Bill 4998 modifies penalties for a third shoplifting offense. The bill removes the requirement of one year in prison before parole is an option. The court can still sentence in the one-to-ten-year timeframe if appropriate. The bill also provides that on a third offense, an investigation shall determine if the person offending has a substance use disorder. If so, they will be ordered to undergo treatment.

Senate Bill 300 was amended. The bill clarifies the role of the Inspector General regarding the Department of Health. The IG is a separate and autonomous office. While it is housed in the Department of Health for administrative support.

House Concurrent Resolution 64 was adopted. The resolution acknowledges and supports the State of Texas.

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

The House is adjourned until Monday, February 5, 2023 at 11 a.m.

Committee Meetings, Monday, Feb. 5
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 for Budget Hearings. 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.

Senate Completes Rule on American Heart Association Day

Senate Floor Session

Christopher Marshall

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February 2, 2024

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Senate Completes Rule on American Heart Association Day

The Senate completed action on House Bill 4026 on Friday. The legislation, which comes via a request from the Department of Administration, changes a rule’s sunset date regarding state owned vehicles until 2029.

Also on Friday, the Senate adopted SR23, which designates February 2, 2024, as American Heart Association Day at the Legislature.

The resolution honors the work of the American Heart Association, which encompasses 35 million volunteers and over 2,900 employees that share a focus on medical research to prevent heart disease along with stroke and other heart-related diseases.

Since it’s founding in 1924, the American Heart Association has reached over 12 million people through guidelines on better nutrition, with 19 million patients benefiting from a Quality Care Initiative for high blood pressure. Over that time period, the United States has seen a 15.1 percent reduction in deaths from heart disease and a 13.6 percent reduction in deaths from stroke.

The Senate is adjourned until Monday, Feb. 5, at 11 a.m.

House Judiciary Lays Over Bill Relating to Swatting

House Committee

Cheyenne DeBolt

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February 2, 2024

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House Judiciary Lays Over Bill Relating to Swatting

House Judiciary met this morning to consider the following:

House Bill 4985 creates the Securities Restitution Assistance Fund. It provides the application process. The bill moves to the Finance Committee to determine how it will be funded.

House Bill 4320 creates a new section of code, which clarifies that neither a parent nor legal guardian of a minor child shall be denied access to the minor child’s medical records. The committee substitute of the bill removes the exceptions for birth control, prenatal, drug abuse, and venereal disease. The bill advances to the House floor.

House Bill 4845 creates the West Virginia Anti-Swatting Act, which makes swatting a felony offense. The penalty would be one to five years in a state correctional facility and/or a fine of $5,000 to $10,000 is making a false or misleading notice via telecommunication devices to law enforcement with reckless disregard for whether a report may cause bodily harm to an individual. An amendment was offered to make it a misdemeanor, but it was rejected. The bill was laid over to another meeting.

House Bill 4885 prohibits persons from sitting, standing, kneeling, or laying down in the roadway for the purpose of blocking traffic. The bill advances to the House Floor.

House Bill 5057 defines a nominal fee for providing a referral to an insurance company or producer as a one-time fee of $100 or less.

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. An amendment was offered to prevent a person serving in one office as one political party from running in the next election as a different party during the next election effective. The amendment was rejected. The bill advances to the House Floor.