Friday, July 11, 2025
Friday, July 11, 2025
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Judiciary Meets Twice on Monday

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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.

Senate Passes Bill Modifying Criminal Penalties for Child Abuse

The Senate passed a bill on Monday that would alter the current criminal penalties for child abuse by a parent, guardian or custodian.

House Bill 2123 modifies criminal penalties for child abuse and child neglect in West Virginia, increasing potential sentences and defining repeat offenses more strictly. Specifically, the bill increases penalties for parents, guardians, custodians, or persons in a position of trust who cause bodily or serious bodily injury to a child.

For first-time offenders causing bodily injury, the penalty is would be two to 10 years in prison (increased from one to five years), and for serious bodily injury, the penalty would be five to 15 years (increased from two to 10 years).

The legislation also introduces a new provision that allows for doubled prison terms and fines for individuals convicted of a second or subsequent felony offense related to child abuse or neglect.

Additionally, the bill adjusts language around misdemeanor offenses, changing the escalation of penalties for repeat offenses. While maintaining some discretion for courts, the bill generally aims to impose harsher penalties for repeated child abuse or neglect.

The legislation includes provisions allowing courts to mandate parenting classes, counseling, or other services, and clarifies that misdemeanor convictions do not automatically restrict parental rights or require sex offender registration.

The bill was amended by the Senate Judiciary Committee and now heads back to the for concurrence.

UPDATE:

The Senate reconvened at 6 p.m. to take up committee reports and read select bills a first time.

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

Morning Meetings for April 8:

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

Gov. Org. at 9:30 a.m. in 208W

House Concurs with Senate, Completing Online Purchase of One-Movement Sticker

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Today, the House completed action on five bills, passed four, and concurred with an amendment to another bill.

House Bill 2157 requires that the Commissioner of the Division of Motor Vehicles allow the purchase online of one-movement stickers, which will enable the transportation of a vehicle over public roads without registration. The sticker is valid for 96 hours from the time of issuance. As to the online sticker, the fee may be remitted to the division electronically, and the sticker may be provided by the division in an electronic format. The bill adds that a one-movement sticker issued may not be used as evidence of vehicle ownership.

House Bill 2709 allows a voter with a change of address, within the same county, to vote in his or her new precinct without having to cast a provisional ballot. The bill provides that the vote must be cast during the early, in-person voting period, and the voter must show proof of a new address.  The change of address must be completed in the state-wide voter registration system by the county clerk before canvassing.

House Bill 3313 allows a participating institution to partner with community and technical colleges outside of its designated consortia planning district region if the assigned facilitating community and technical college does not offer a program and that program is not developed by the assigned facilitating community and technical college within two-year of a formal request by a participating institution. The bill adds Braxton County to the Southeastern region and Braxton County High School as a participating institution in that region.

Senate Bill 500 transfers audit authority for volunteer fire companies to the West Virginia Legislative Auditor.

Senate Bill 615 eliminates the current requirement for accelerated payments of sales tax, use tax, and employer withholding of personal income tax in June.

Senate Bills 50, 712, 715, 716, and House Bill 2397 head back to the Senate for concurrence.

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

The House returned to the floor to receive committee reports and Senate messages. Two committees are continuing meetings at 6 p.m. this evening.

The House is adjourned until 11 a.m. tomorrow, April 8, 2025.

Committee Meetings, Today April 7

Committee Meetings, Tomorrow, April 8

Senate Completes Retired Teacher Employment Bill

The Senate concurred in the House amendments to complete action on a bill Friday that will amend existing regulations concerning the number of days retired educators can work without facing reductions in their retirement benefits.

Under current regulations, retired teachers are only permitted to work 140 days as a critical needs substitute teacher unless the job is posted for the full school year.

Senate Bill 282 changes that to allow retired teachers to work the full school year provided the job is posted at the beginning and middle of the school year.

The bill recognizes the pressing need for qualified educators in West Virginia, where many schools are grappling with vacancies. By permitting retired teachers to work more than the established limit without penalty, the legislation aims to bolster the teaching workforce and ensure that students receive the quality education they deserve.

The legislation now heads to the Governor’s desk to await his signature.

The Senate is adjourned until Monday, April 7, at 11 a.m.

Morning Meetings for Monday, April 7:

Gov. Org. at 9:30 a.m. in 208W

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

House Budget Heads to Senate

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The House Version of the 2026 budget was amended, explained, and passed on Day 52 of the Legislative Session.

Several amendments were offered to the budget, but only two passed. One amendment transfers an additional $2 million from the EMS Worker Salary Enhancement Fund to Statewide EMS Program Support for EMT and paramedic training, recertification, and mental health issues. Another amendment adds language that any unexpended balances remaining in the appropriations for IDD Waiver, Title XIX for Senior Citizens Waiver, Traumatic Brain Injury Waiver, and Substance Use Disorder Waiver, at the close of FY2026 are re-appropriated for expenditure during FY2027.

The amendments that failed would have added funding to waiver programs, distressed water systems, childcare, summer workforce programs, WVU, and WVSU and restored funding to the Herbert Henderson Office of Minority Affairs. Another failed amendment would have transferred money from the Rainy-Day Fund to the Flood Resiliency Fund.

The breakdown of the 2026 General Revenue Budget is as follows:

  • Legislative Branch: $31,377,663
  • Judicial Branch: $169,337,881
  • Executive Branch
    • Governor’s Office: $11,800,376
    • Auditor’s Office: $2,713,481
    • Treasurer’s Office: $3,697,409
    • Department of Agriculture: $27,118,090
    • Attorney General: $5,878,719
    • Secretary of State: $990,646
    • Department of Administration: $97,617,209
    • Department of Commerce: $84,329,440
    • Department of Tourism: $28,139,380
    • Department of Education: $2,275,281,724
    • Department of Environmental Protection: $7,824,725
    • Department of Health: $101,099,461
    • Department of Human Services: $937,069,234
    • Department of Health Facilities: $220,196,271
    • Department of Homeland Security: $563,704,759
    • Department of Revenue: $34,914,262
    • Department of Transportation: $7,194,320
    • Department of Veterans Affairs: $17,626,220
    • Bureau of Senior Services: $6,580,366
    • WV Council for Career and Technical Colleges: $88,380,440
    • Higher Education Policy Commission: $375,663,337
    • Adjutant General: $17,420,030

For a line-item breakdown within the departments, please review the bill.

The Total General Revenue Budget is $5,115,274,982. A General Revenue Surplus is expected at $128,750,000. A plan is in place for the surplus. The surplus is the biggest difference from the Governor’s introduced budget, as he did not have a surplus and spent the total General Revenue Fund.

The State Road Fund is $1,998,605,014. Spending from “other funds” totals $2,302,850,253. Lottery General Revenue Fund spending is $157,392,000, with a surplus of $16,750,000. The excess lottery revenue is $338,554,000, with a surplus of $17,800,000. Expected federal funds total $8,224,744,008, while block grants total $730,395,275.

The House is adjourned until 11 a.m. Monday, April 7, 2025.

Committee Meetings, Today April 4

Committee Meetings, Monday, April 7

Senate Corrects, Passes, Vetoed Bill

The Senate reconsidered and made changes to a bill vetoed by Governor Patrick Morrisey during Thursday’s floor session.

Senate Bill 369 would authorize several West Virginia boards and agencies to establish rules.

In his veto message, Governor Morrisey outlined three objections to the bill involving  pharmacies, respiratory care and elections. The first was a “a technical flaw” in proposed changes in the licensure and regulation of pharmacies. The second objection came from a proposal involving Board of Respiratory Care that made it inconsistent with procedural formatting standards. Finally, the Governor found the language from the Election Commission’s rules regulating campaign finance to be imprecise and unwieldy.

The Senate made the appropriate changes to the legislation and passed it a second time.

The bill now heads back to the House of Delegates where that body will either concur in the Senate amendments or reject the bill.

The Senate is adjourned until Monday, April 4, at 11 a.m.

Afternoon Meetings:

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for April 4:

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

House Passes Royalty Repayment Bill

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On Day 51 of the Legislative Session, every bill up for passage was read in full.

Senate Bill 22 applies royalty payment disputes on conventional vertical oil and natural gas wells filed on or after July 1, 2025. The bill states that a lessee who fails to pay royalties on mineral production within six months of the due date is liable to the lessor for an amount three times the market value of the unpaid royalty.

Senate Bill 459 requires a member of a municipal or county planning commission to have maintained continuous West Virginia residency for the three years immediately preceding his or her appointment. Additionally, it requires the member to have been a resident of the municipality or county for one year immediately preceding his or her appointment.

Senate Bill 522 requires the Secretary of State to notify an LLC by certified mail with written notice of a determination to dissolve with the grounds of dissolution. The Secretary of State would then file a certificate of dissolution on the LLC, but not be requires sending it via certified mail, if the LLC provides an email address, the SOS will email it.

Senate Bill 525 requires the Secretary of State to notify a nonprofit corporation by certified mail with written notice of a determination to dissolve with the grounds of dissolution. The Secretary of State would then file a certificate of dissolution on the nonprofit corporation, but not be requires sending it via certified mail, if the nonprofit corporation provides an email address, the SOS will email it.

Senate Bill 538 removes the sunset date for the right of first refusal to land reuse agencies and municipal land banks to acquire certain tax-delinquent properties. This permits these entities to purchase qualifying tax-delinquent properties before they are offered at public auction. The bill requires an annual report to the West Virginia Land Stewardship Corporation, which reports to the Joint Committee on Government and Finance.

Resolutions Adopted Today

House Concurrent Resolution 88 – Honoring First Responders Honor Board’s Medal of Valor Nominees
House Concurrent Resolution 96 – Urging West Virginia’s members of Congress to ask the President not to cut funding for the Local Food in Schools and Child Care Nutrition
Senate Concurrent Resolution 6 – US Army Major Jerome Lee Workman Memorial Bridge
Senate Concurrent Resolution 9 – Becker Brothers, Eugene, and Kermit Becker Memorial Bridge
Senate Concurrent Resolution 16 – US Army SPC Johnny Long Memorial Bridge
Senate Concurrent Resolution 17 – US Marine Corps PVT Arlie Haught Memorial Bridge

The House is adjourned until 9 a.m. tomorrow, April 4, 2025.

Committee Meetings, Today April 3

Committee Meetings, Tomorrow, April 4

Crossover Day: House Advances WVSSAC Lawsuit Bill

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

Committee Meetings, Tomorrow, April 3

Senate Completes Universal Professional and Occupational Licensing Act

The Senate concurred in the House amendments to complete action on a bill termed the Universal Professional and Occupational Licensing Act, during floor session on Crossover Day.

Senate Bill 458 would allow for universal licensing reciprocity in West Virginia for occupations and professions governed by Chapter 30 of State Code. The legislation mandates that professional boards grant licenses to individuals who have been licensed in another state for at least a year under certain circumstances.

Licensees would need to show they are in good standing in their original state and show that they meet the minimum education, work experience, and clinical supervision requirements in the state they are coming from. The bill would also apply to any new resident who previously passed any required examination for the out-of-state license.

The applicant would need to have a clean disciplinary record, with no rescinding of licenses or voluntary surrenders in other states due to unprofessional conduct, as well as no criminal history. The licensee would still need to pay any applicable state fees for licensure under the legislation.

The bill now heads to the Governor’s desk to await his signature.

The Senate is adjourned until tomorrow, April 3, at 11 a.m.

Afternoon Meetings:

Banking and Insurance at 2:15 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for April 3:

Gov. Org. at 9 a.m. in 208W

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

Limited Video Lottery Bill Fails on House Floor

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The House passed 22 bills during today’s floor session and rejected one.

House Bill 3154 was rejected in a 45 to 52 vote. The bill would have allowed Limited Video Lottery owners to advertise as other gambling businesses do. Opponents of the bill felt that LVL gambling is different than other forms of gambling and could target the most vulnerable of the population. Proponents felt the funds from LVL could increase meaning more funding for other schools and other important issues in the state.  

House Bill 2014 establishes the Certified Microgrid Program. The bill removes a restriction on the location of districts to state property, including its political subdivisions. The bill allows for more microgrids, but only if they consume internally 60% of the electricity generated when fully operational by one or more high-impact data centers. These microgrids are limited to selling 10% of the electricity generated to the wholesale market.

House Bill 2152 promotes payment to vendors of commodities and services to the state. The bill states that a state agency must pay any legitimate claim for payment within 45 days after the claim has been received. If the agency fails to pay the claim within the requisite 45 days, then the agency must report that failure to the State Auditor. Additionally, any vendor or grantee who does not receive payment within the requisite 45 days may report that violation to the State Auditor. The State Auditor is required to publish a list of non-compliant agencies on its website and update the list on at least a monthly basis.

House Bill 2777 transfers the requirement of keeping homeschool information from county school boards to the state department. The bill also removes the requirement that homeschool educators submit satisfactory evidence of a high school diploma or equivalent, a post-secondary degree or certificate, or from an institution of higher education that has been authorized to confer a post-secondary degree or certificate.

House Bill 3411 repeals code relating to expired legislative commissions including the Legislative Building Commission, the WV Sesquicentennial of the American Civil War Commission and Fund, The Council of Finance and Administration, the Steering Committee for the WV Enterprise Resource Planning Board, the WV Sentencing Commission, the Toll Road Study Commission, the Select Committee on Outcomes-based Funding Models in Higher Education, Equal Pay Commission, Joint Legislative Oversight Commission on State Water Resources, Commission on Interstate Cooperation, and the Legislative Oversight Committee on WV Regional Jail and Correctional Facility Authority. Additionally, the bill removes legislative membership from the Employee Suggestion Award Board, the WV Forest Management Review Commission, the WV Economic Development Strategy, the WV Fusion Center, and the State Board of Risk and Insurance Management. Finally, the bill moves the duties of the Joint Commission of Government Operations duties to the Joint Committee on Government Organizations.

House Bill 3444 repeals the sections of code relating to the inflammation of the eyes of newborns. With the repeal, the mandate to apply antibiotic erythromycin is removed, the reporting requirements are removed, and penalties for not applying are removed.

The House is adjourned until 11 a.m. tomorrow, April 2, 2025.

Committee Meetings, Today April 1

Committee Meetings, Tomorrow, April 2