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.

Judiciary met this morning and this afternoon.

Markup & Passage

Senate Bill 102 requires all deeds except for a transfer on death deed and transfers between parents and children for consideration of less than $2,000 to contain a notarized acknowledgment of the grantee or grantees evidencing acceptance of the real property being conveyed.

Senate Bill 225 expands the powers of law-enforcement officers of the National Park Service to include the authority to enforce all laws of this state and the authority to investigate pursuant to that authority.

Committee Hearing

Senate Bill 196, Lauren’s Law, increases the penalty for the manufacture and delivery of controlled substances. Two new manufacture/delivery offenses are added for specific drugs, based on weight, and penalties for fentanyl. The bill removes the discretion that judges have for sentencing.

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.

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.

Senate Bill 875 permits certain brewers, brewpubs, manufacturers, and resident brewers to make privately labeled nonintoxicating beer or nonintoxicating craft beer brands available for purchase.

Senate Bill 886, the Foster Care Bill of Rights, provides that a child in foster care or a kinship placement must be aware of his or her rights.

Today is crossover day for the West Virginia Legislature.

Before today’s floor session, House Rules moved House Bills 3377, 3425, and 3516 to the inactive calendar. Twenty-two bills passed today in the morning’s floor session.

House Bill 2973 requires a 30-day pre-suit notice for claims against the West Virginia Secondary Schools Athletic Commission (WVSSAC). The bill requires all claims against the WVSSAC to be brought and prosecuted in Kanawha County Circuit Court unless the school involved is in Kanawha County. If the school is in Kanawha County, the suit may be bought and prosecuted in any other county in the state.

House Bill 3189 creates a crime of attempting to smuggle contraband into federal correctional institutions within the state. The bill does this by adding federal correctional institutions to the list of correctional facilities in which it is a criminal offense to deliver anything unlawfully to a person in custody.

House Bill 2551 increases fines for owners whose livestock trespasses on another’s property, typically resulting in damages. Proponents of the bill spoke about livestock owners acting negligently and not repairing fences to enclose livestock properly. Opponents stated this is a civil issue and that this code section should be repealed as it applies criminal penalties. A first offense is a warning. For a second offense within 12 months, the owner is guilty of a misdemeanor and shall be fined between $100 and $200. For a third or subsequent offense within 12 months of the previous offense, the owner is guilty of a misdemeanor and shall be fined between $200 and $2,000.

House Bill 3513 removes the liability of licensees who sell or serve alcohol in a civil action for damages for injury, death, or damage caused by the intoxication of a person they served unless the licensee knowingly provides alcohol to a minor or knowingly provides alcohol to a person who is visibly intoxicated. The bill limits the liability for medical expenses to $1 million and punitive damages of up to two times the compensatory damages. The bill requires clear and convincing evidence of gross negligence for action to be brought against the owner. Proponents of the bill mentioned the high insurance on bars and that many do not have the insurance needed because of high prices. Other proponents stated that this bill is making sure more owners have insurance. Opponents felt the bill was going too far in limiting what damages an individual can seek.

House Bill 3412 exempts the Legislature from the disclosure of public records when it adopts regulating the disclosure of public records. It was stated that because the Legislature conducts business based on its adopted rules it is more appropriate for rules relating to public record disclosure to be included in its rules.

The House is in recess until 5 p.m.

The House returned to complete the calendar and hear committee reports.

The House is adjourned until 11 a.m. tomorrow, April 3, 2025.

Committee Meetings, Today April 12

• The Committee on Government Organization will meet at 2:30 p.m. in Room 215E.
• The Committee on Education will meet at 2:30 p.m. in Room 432M.
• The Committee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.

Committee Meetings, Tomorrow, April 3

• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Finance Committee will meet at 9 a.m. in Room 460.
• 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 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 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.