Blog – Page 33

House Health Advances Fourteen Rules Bills

House Committee

Cheyenne DeBolt

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January 25, 2024

House Health Advances Fourteen Rules Bills

The House Health and Human Resources Committee met this afternoon. The committee first heard presentations on rate increases for home and community based services.

House Bill 4376 ensures that a smoke evacuation system is in place to protect medical personnel nursing any medical treatment where there could be surgical smoke. Any health facility will be subject to a $100 to $500 fine for each violation.

House Bill 4817 permits the Board of Nursing to provide advice and assistance to nursing programs. It removes the requirement of a notary for applications.

House Bill 4134 creates a new section of code to authorize the Board of Medicine to create rules relating to licensure, practice, requirements, disciplinary and complaint procedures, continuing education, and physician assistants.

House Bill 4135 and House Bill 4136 are rules bills authorizing the Board of Medicine to create legislative rules.

House Bill 4138, House Bill 4139, House Bill 4140, and House Bill 4141 are rules bills authorizing the WV Board of Optometry to create various legislative rules.

House Bill 4142 and House Bill 4143 are rules bills authorizing the WV Board of Osteopathic Medicine to create legislative rules.

House Bill 4157, House Bill 4158, House Bill 4159, and House Bill 4160 authorize the WV Board of Registered Nurses to create legislative rules.

House Bill 4161 authorizes the WV Board of Respiratory Care to create legislative rules relating to temporary student permits.

House Rejects DNA Collection at Arrest Bill

House Floor Session

Cheyenne DeBolt

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January 25, 2024

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House Rejects DNA Collection at Arrest Bill

Today, the House of Delegates rejected one bill, passed two, amended one, and advanced one with amendments pending.

The House rejected House Bill 4627 on a 66 opposed and 30 in favor. The bill would have required the collection of DNA at the point of arrest for qualified arrestees. Proponents felt it was “another tool in the toolbox” for law enforcement to help find criminals who had gotten away with one crime but committed another. Opponents felt the bill was a violation of rights. People get arrested without being found guilty. Some opponents liked the concept of the bill but felt there was too much confusion to pass it.

House Bill 4595 updates LOCHHRA’s authority to enter executive session for special circumstances to hear investigation details relating to child abuse, nursing home abuse, CPS cases, APS cases, etc.

House Bill 4756 creates the Alzheimer’s Disease and Other Dementia Advisory Council. The bill requires the council to submit a report within 24 months. The bill terminates the council on July 31, 2026.

House Bill 4205 was amended. The amended bill recognizes the Legislature as having legal standing to intervene in any lawsuit seeking declaratory or injunctive relief regarding the legality or constitutionality of any law, regulation, or involving any illegal or unauthorized changes/attempted changes to any state election law or regulation, by or against any state agency department or state government official.

House Bill 4759 was advanced to third with the right to amend. The bill requires companies to use E-Verify to confirm the legal employment status of all persons who come into their employ and report their employment to the appropriate governmental agencies.

House Bills 4776, 4777, and 4860 were postponed one day.

Bills introduced today can be found here.

Resolutions introduced today can be found here.

A motion was made to reconsider House Bill 4793, which passed the House yesterday. Another motion was made to table the reconsideration. The tabling motion was adopted; therefore, the bill will not be reconsidered by the House.

The House is adjourned until tomorrow, January 26, 2023, at 11 a.m.

Committee Meetings, today Jan. 25
The Committee on Economic Development and Tourism will meet at 1:35 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
The Committee on Technology and Infrastructure will meet at 3:30 p.m. in Room 434.

Committee Meetings, tomorrow Jan. 25
The Finance Committee will meet at 9 a.m. in Room 460 for Budget Hearings. Jan. | 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.

Senate Passes Five Bills on Veterans Appreciation Day

Senate Floor Session

Christopher Marshall

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January 25, 2024

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Senate Passes Five Bills on Veterans Appreciation Day

The Senate passed five bills during a brief Thursday floor session on Veterans Appreciation Day at the Legislature.

The bills passed today are as follows:

Senate Bill 262: Clarifying procedure for administrative dissolution of corporations by Secretary of State

Senate Bill 354: Relating to the WV Advanced Energy and Economic Corridor Authority

Senate Bill 357: Permitting dental hygienist to perform tobacco cessation education

Senate Bill 428: Establishing appeals from administrative rulings are to be filed with Intermediate Court of Appeals

Senate Bill 430: WV Rent-to-Own Act

The Senate also adopted Senate Resolution 11, designating January 25, 2024, as Veterans Appreciation Day.

The Senate is adjourned until tomorrow, Jan. 26, at 9 a.m.

Afternoon Meetings:

Energy at 1 p.m. in 208W

Health at 1 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3:15 p.m. in 208W

House Education Debates Concealed Carry by Educators

House Committee

Cheyenne DeBolt

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January 24, 2024

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House Education Debates Concealed Carry by Educators

The House Education Committee met this afternoon to consider the following:

House Bill 4263 increases the pay grade of a cafeteria manager to classification from pay grade D to pay grade E beginning on July 1, 2024.

House Bill 4331 provides an optional lump sum payment of accrued personal leave to full-time employees of a county school board upon termination of full-time employment. The bill advances to Finance.

House Bill 4832 clarifies any school district that fails to report its finances to the state superintendent may be subject to a reduction of its state funding.

House Bill 4838 requires county boards of education to provide long-term substitute teachers with information about an IEP plan and 504 plan.

House Bill 4806 requires the use of bathrooms and multi-person common changing rooms by gender assigned at birth. It prohibits the usage of a designated room by a person of the opposite sex, with exceptions for family members, rendering medical or other assistance. The bill establishes penalties for violations. The committee substitute also allows for the opposite sex’s locker room to be used during sporting events.

An amendment to the committee substitute was offered to change “original” birth certificate to “current” birth certificate because there could be cases where an individual could be 18, have had a sex change, and still be in high school. The amendment was rejected.

The committee substitute advances to the Judiciary Committee.

House Bill 4299 allows K-12 teachers, administrators, and support personnel to carry concealed firearms and be designated as school protection officers (SPO). Training through the Department of Homeland Security must be completed. The individual must have a valid concealed carry permit. The bill does provide funding for the SPO program. The program is not mandatory, but if the county should decide to do it, they will have the support to do so.

Proponents of the bill feel this would provide extra protection to schools. Opponents feel it could cause dangerous situations.

The bill advances to the Judiciary Committee.

House Passes Bill to Increase Penalties for Human Trafficking

House Floor Session

Cheyenne DeBolt

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January 24, 2024

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House Passes Bill to Increase Penalties for Human Trafficking

Today, the House adopted two resolutions, passed eight bills, amended one, and postponed action on three bills.

Senate Concurrent Resolution 16 urges the US Congress to enact reforms to federal permitting policies to accelerate the deployment of energy infrastructure.

Senate Concurrent Resolution 17 reaffirms the support of the WV Legislature for the State of Israel and the Jewish people.

Three of the eight bills were House Bills 4666, 4683, and 4793.

House Bill 4793 permits the manufacture of moonshine for personal or family use. The bill limits the amount manufacture of 25 gallons in a household with one person over 21 years of age and 50 gallons in a household with two or more persons over 21 years of age. After a bit of debate, the bill passed 49 to 48.

House Bill 4683 requires parents, custodians, and guardians to participate in the child’s out-of-home placement programs, such as family therapy as long it does not cause undue hardship on them and is in the best interest of the child.

House Bill 4666 increases penalties for human trafficking and restricts eligibility for parole. The bill sets the penalties as follows:

Human trafficking of an adult
- Determinate sentence of 15 to 40 years
Human Trafficking of a Child
- Determinate sentence of 25 to 100 years
Use of adult for forced labor
- Determinate sentence of 15 to 40 years
Use of a child for forced labor
- Determinate sentence of 25 to 100 years
Use of adult or child for debt bondage
- Determinate sentence of 15 to 40 years
Sexual Servitude of an adult
- Determinate sentence of at least 25 years
Sexual Servitude of a Child
- Determinate sentence of at least 50 years
Patronizing a victim of sexual servitude
- Determinate sentence of 25 to 100 years
Patronizing a child victim of sexual servitude
- Determinate sentence of at least 50 years

If convicted of any of these offenses against an adult, the individual must serve at least 50 percent of the sentence before being eligible for parole. If convicted of any of these offenses against a child, the individual is not eligible for parole.

House Bill 4756 creates the Alzheimer’s Plan Task Force. The amended bill requires the council to submit the State Alzheimer’s Plan to the Joint Committee on Health and the Governor within 24 months.

House Bills 4315, 4777, and 4860 were postponed one day.

The House is adjourned until tomorrow, January 25, 2023, at 11 a.m.

Committee Meetings, today Jan. 24
The Finance Committee will meet at 1 p.m. in Room 460.
The Committee on Government Organization will meet at 2:30 p.m. in Room 215E.
The Committee on Education will meet at 2:45 p.m. om Room 434.

Committee Meetings, tomorrow Jan. 25
The Committee on Seniors, Children, and Family Issues will meet at 9:15 a.m. in Room 215E.
The Committee on Fire Department 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 Economic Development and Tourism will meet at 1 p.m. in Room 410.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
The Committee on Technology and Infrastructure will meet at 3 p.m. in Room 434.

Senate Passes Bill to Protect Police Dogs

Senate Floor Session

Christopher Marshall

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January 24, 2024

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Senate Passes Bill to Protect Police Dogs

The Senate passed a bill on Wednesday that would make it a crime to harm or kill a police dog.

Senate Bill 399 would make it unlawful to harm, attempt to harm, or kill a police dog that is under the control of a law-enforcement or corrections officer who is acting in his or her official capacity. The legislation defines “police dog” and sets forth penalties.

Senator Ryan Weld (R-Brooke, 01), the lead sponsor of the bill, sees it as a way for the state to make a statement and fully support K-9 officers for their service.

“This is a policy statement that we are making that we are going to protect these officers and we will hold those who injure them or kill them accountable,” Sen. Weld said.

Weld informed members that there are currently 150-200 K-9 officers working throughout West Virginia for various law enforcement agencies. He noted that the State Police currently has 22 dog teams in use.

Lt. J.A. Ratliff with the Kanawha County Sheriff’s Department joined the Senate Judiciary Committee last week to speak in support of the bill. With him was 5-year-old Bailee, a liver and tan bloodhound described by Lt. Ratliff as a “man hunter.” Ratliff said he believes an attack on a K-9 officer is an attack on law enforcement.

Bailee, who Ratliff has trained since she was 8 weeks old, is used to find missing and endangered children and elderly people suffering from dementia and other conditions.

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

The Senate is adjourned until tomorrow, Jan. 25, at 11 a.m.

Afternoon Meetings:

Econ Development is meeting currently in room 451M.

School Choice is meeting currently in room 208.

Outdoor Recreation at 2 p.m. in 208W

Pensions at 2 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for 1/25:

Education at 10 a.m. in 451M

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

House Health Advances Five Bills in Afternoon Meeting

House Committee

Cheyenne DeBolt

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January 23, 2024

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House Health Advances Five Bills in Afternoon Meeting

The House Health and Human Resources Committee met this afternoon to consider the following bills:

House Bill 4408 allows for the development of a specialized intermediate care facility for individuals with intellectual and developmental disabilities. The goal of this bill is to move individuals from Sharpe and Bateman hospitals to less restrictive facilities. The less restrictive environment would be a residence in a community with 8 to 10 beds which allows individuals to become involved in the community. It would be more home-like than institutional-like. After a lengthy discussion, the bill advances to finance.

House Bill 4908 permits the Department of Human Services and Department of Health Facilities to contract with WV public health institutes without a bidding process to enter into contracts. The DHHR had this permission, but when the department split the separate departments weren’t included. The bill advances.

House Bill 4783 updates the practice of optometry. It allows an optometrist to perform all procedures taught within the education and training at or through schools or colleges of optometry accredited by the Accreditation Council on Optometric Education. It also extends the expiration date for eyeglass prescriptions from one year to two years. The bill advances to the floor.

House Bill 4975 creates an information-sharing child welfare system. It requires the Department of Human Services to add to the current child welfare system a foster parent information system. The amended bill advances to finances.

House Bill 4320 clarifies that neither a parent or a legal guardian shall not be denied access to a minor’s medical records unless the minor has graduated high school, is emancipated, or is married. The bill advances.

House Technology and Infrastructure Advances Four Bills

House Committee

Cheyenne DeBolt

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January 23, 2024

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House Technology and Infrastructure Advances Four Bills

The Committee on Technology and Infrastructure met this afternoon.

House Bill 4697 adds protections for West Virginia residents who reside out of state for certain time periods from non-renewal of licenses and registration.

House Bill 4703 modifies the exemption from payment of registration fees by lowering the percentage of a service-connected disability to 50 percent or greater. The bill also adds recipients of the Distinguished Service Cross, Navy Cross, or Air Force Cross, to the list of persons who may receive such exemption.

House Bill 4722 creates a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads, and bridges in this state. The bill does limit the total amount of road and highway infrastructure improvement credits which can be certified by the Secretary of Transportation.

House Bill 4807 establishes limitations on billing practices of Internet or telecommunications providers that fail to provide subscribed customers service for five or more days to automatically credit the customer’s account for the lack of service proportional to the number of days of disrupted services. The amended bill advances.

Senate Advances Scientific Theory Legislation

Senate Floor Session

Christopher Marshall

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January 23, 2024

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Senate Advances Scientific Theory Legislation

The Senate passed SB280 on Tuesday, which would allow teachers in public schools to discuss all scientific theories with their students, including intelligent design.

The committee substitute says no public school board, superintendent or principal can prohibit a teacher from discussing or answering questions about scientific theories about how the universe or life came to exist.

Hayden Hodge, a junior at Hurricane High school, addressed the Education Committee last week and told lawmakers that the idea for the bill came to him from a science teacher who wished he could discuss intelligent design as an option but feared repercussions.

Senator Mike Woelfel (D-Cabell, 05) strongly opposed the bill, citing the vagueness of the legislation and his belief that it is unconstitutional.

A similar bill passed the Senate last year before stalling in the House Education Committee.

The Senate is adjourned until tomorrow, Jan. 24, at 11 a.m.

Afternoon Meetings:

Energy began at 1 p.m. in 208W

Health began at 1 p.m. in 451M

Judiciary will meet at 3 p.m. in 208W

Finance will meet at 3 p.m. in 451M

Morning Meetings for Jan. 24:

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

House Passes HB 4432 in Morning Session

House Floor Session

Cheyenne DeBolt

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January 23, 2024

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This morning, the House of Delegates passed three bills, amended two, and postponed action by one day on four bills.

House Bill 4431 allows the Office of the Chief Medical Examiner to cremate unidentified remains after 30 days if any data helpful for future identification is preserved within the database. Identified, but unclaimed remains after 30 days may be placed in a cemetery for a final resting place, unless moved by family.

House Bill 4432 allows LPNAs to provide anesthesia in cooperation with physicians, podiatrists, and dentists instead of under the supervision of physicians, podiatrists, and dentists. It also allows physician assistants to have an ownership stake in a practice.

House Bill 4594 extends the managed care and foster care contract.

The House amended House Bill 4683 and House Bill 4769.

The amended House Bill 4683 requires parents, guardians, and custodians to participate in out-of-home programs the children are in as long as it is in the best interest of the child and does not cause the parent any undue hardship.

House Bill 4769 clarifies the role of a school counselor while providing a definition of the school counselor. The amendment was what the bill was intended to be introduced as and what was discussed in the committee.

Action was postponed one day on House Bills 4595, 4627, 4756, and 4620.

During the House Rules meeting this morning, the committee advanced Senate Concurrent Resolution 16 and Senate Concurrent Resolution 17. The Committee also moved from the (active) Special Calendar to the (inactive) House Calendar House Bills 4795, 4878, 4881, 4429, and 4621.

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

The House is adjourned until tomorrow, January 24, 2023, at 11 a.m.

Committee Meetings, today Jan. 23

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.
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.

Committee Meetings, tomorrow Jan. 24

The Committee on the Prevention and Treatment of Substance Abuse will meet at 9 a.m. in Room 215E.
The Committee on Agriculture and Natural Resources will meet at 9:15 a.m. in Room 460.
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 with a meeting following. Jan. | Feb.
The Judiciary Committee will meet at 1 p.m. in Room 410.
The Committee on Government Organization will meet at 2 p.m. in Room 215E.
The Education Committee will meet at 2 p.m. in Room 434.

The Judiciary Committee is holding a Public Hearing on Wednesday, January 24 at 8:30 a.m. for HB 4654 -Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter.