The Senate met Monday morning for a lengthy floor session.

During the session, Senator Joey Garcia (D – Marion, 13) attempted a discharge motion to pull Senate Bill 972 from the Senate Health and Human Resources Committee and bring it directly before the full body for consideration. The motion was tabled.

After the motion was tabled, Senator Garcia requested that all bills on third reading be read in their entirety, meaning the full text of each bill must be read aloud before final passage.

Senate Bill 972, known as “Raylee’s Law,” would would pause a request for not just homeschoolers during a pending child abuse investigation; it would also impact parents in the same situation looking to move their child to a private school or microschool. Child Protective Services would have to complete the investigation within 10 days under the bill.

The legislation, which was named for an eight-year-old girl who died of horrific abuse and neglect in 2018 after her teachers notified CPS of potential abuse, prompting her parent to move her to homeschooling.

The Senate also advanced several bills, including Senate Bill 1077 and Senate Bill 459.

Senate Bill 1077 would require county school districts to offer vocational agriculture programs to students and limit the circumstances under which those programs can be eliminated.

Under the bill, a district could only terminate its agriculture program if it had the lowest enrollment among all vocational education programs, and it would have to report its reasoning to the Legislative Oversight Commission on Education Accountability.

Senate Bill 459 would update state custody law to promote meaningful contact between a child and his or her siblings, including half-siblings and step-siblings.

The bill adds step-siblings to the list of relationships courts should consider in serving a child’s best interest, when an established bond exists, and the step-sibling lives at least part-time with the biological parent.

Both bills passed the full Senate and were reported to the House of Delegates for consideration.

Afternoon Meetings:

Finance at 3 p.m. in Room 451M

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

The Senate is in recess until 4:30 p.m.

The Senate Judiciary Committee met on Friday morning and advanced three bills regarding governing cooperatives, indecent exposure in school locker rooms, and adult cabaret performances.

Senate Bill 723 would clarify state law governing cooperation between West Virginia law enforcement agencies and agencies in bordering states.

The bill updates definitions and outlines procedures for temporary assistance between state, local, and bordering-state law enforcement agencies.

One of the terms updated in the bill is “law-enforcement agency,” clarifying that the definition includes federal, state, and local agencies authorized to enforce criminal law, such as State Police, municipal police departments, sheriffs’ offices, and the Division of Forestry.

The bill was reported to the full Senate with a recommendation of passage.

Originating Bill 1 would expand the crime of indecent exposure.

Senator Ryan W. Weld (R – Brooke, 01) raised concerns about the bill’s vagueness, noting that it does not clearly define “undresses” and giving the example that even removing a sweatshirt could potentially be considered a violation.

The bill is intended to clarify the offense of indecent exposure, including incidents such as a person undressing in a locker room designated for the opposite sex.

Weld proposed an amendment specifying that any acts of indecent exposure described in the bill would be prohibited in locker rooms designated for the opposite sex.

The amendment removes the word “undresses” from the bill and defines indecent exposure by reference to the acts listed in the subsection.

The amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 590 would make it a criminal offense to perform an adult cabaret where it could be seen by a minor.

The bill defines “adult cabaret performances” as a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to the prurient interest, or similar entertainers, regardless of consideration.

A first violation would be a misdemeanor, while a second offense would be a felony punishable by up to five years in prison and a $25,000 fine.

The bill was reported to the full Senate with a recommendation of passage.

The Senate met Friday to pass 15 pieces of legislation, one of which was the first of two bills the body hopes will ultimately create the West Virginia First Energy Act.

House Bill 4026 relates to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission (PSC). This bill passed in the Senate today with amendment and will need to go back to the House of Delegates for concurrence.

The companion bill, Senate Bill 420, passed the Senate Energy committee earlier this week and now is under consideration in Senate Finance.

Both bills would create the West Virginia First Energy Act, a legislative framework designed to restore electric rate stability through prioritized in-state coal-fired generation and the preservation of the state’s natural gas industry.

The legislative package proposes a target utilization rate of 69 percent for coal-fired power plants, tied to tiered cost-recovery incentives. House Bill 4026 introduces requirements for utilities to analyze Advanced Transmission Technologies (ATTs) in their integrated resource plans.

Attainment of utilization goals is tied to cost-recovery incentives in a tiered structure, with cost recovery set at a specific level, increasing as the plant approaches the 69 percent  target. Utilities supplying electricity for industrial or residential use must maintain a 30-day supply of base fuel under the legislation.

A previous PSC order set an expectation that coal-fired power plants need to achieve at least a 69 percent  capacity factor in order for in-state electric companies to self-generate power and reduce reliance on purchased power.

Senator Brian Helton (R-Fayette, 09), a major supporter of the initiative, believes incentivizing coal-fired power plants to operate at a 69 percent capacity rate would lower electric rates and result in more coal miners being employed.

“We want them to be utilized according to the PSC standard of 69%. And if we’ll do that, and we’ll get these utilities back in line with that 69%, we’re going to see an economic uptick like we’ve never seen before,” Helton said.

The Senate is adjourned until Monday, March 2, at 11 a.m.

Morning Meetings for March 2:

Government Organization at 10 a.m. in 451M

The Senate Judiciary committee met Thursday afternoon to move several bills to the full Senate.

Senate Bill 1037 would allow the death penalty only in cases where a defendant is convicted of both first-degree murder and first-degree sexual abuse of a child under 12 in the same proceeding.

The bill outlines capital trial procedures, requires prosecutors to file a formal notice seeking the death penalty, mandates that at least two aggravating factors be proven beyond a reasonable doubt, and provides for automatic appellate review if a death sentence is imposed.

“There are situations where somebody can be executed, and you got the wrong person,” stated Senator Joey Garcia (D – Marion, 13). He stated that this bill opens the door for the death penalty to potentially become an option for various crimes. “I am proud that we are one of the states that for a long time have not had the death penalty,” he stated.

Others supporting the bill emphasized the significance of the death penalty for severe crimes.

“We have to ensure that the death penalty is only for the worst of the worst,” stated Senator Scott  Fuller (R – Wayne, 05). He made the case that certain individuals cannot be rehabilitated and that the death penalty is the appropriate response.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 1008 would change the statute of limitations for asbestos and silica claims, clarifying when a lawsuit can be filed.

The bill specifies that claims begin when a person is diagnosed, discovers facts prompting a diagnosis, or dies from a related condition, distinguishes noncancerous and cancer-related claims as separate actions, and sets limits on suing manufacturers of mining equipment based on federal specifications.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 1026 would make intentionally disrupting a religious service, whether in person or online, a felony, while disruptions of other lawful meetings remain misdemeanors.

The bill defines disruption to include any act that interferes with the service or any gesture, display, or statement that outrages the congregation’s sensibilities, and it specifically covers disruptions at tax-exempt places of worship as well as virtual services conducted via video or teleconference.

Senator Ryan Weld (R – Brooke, 01) proposed an amendment Striking the last sentence starting with any officer and ending with good behavior.

“people meeting for the worship of God”

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 499 would require that any driver involved in a crash that results in death must undergo a toxicology test, ensuring authorities can determine whether drugs or alcohol played a role.

This bill, also called Erin’s Law, sets penalties for drivers who knowingly leave the scene of a crash causing injury or death, ranging from misdemeanors to felonies, and includes license revocation for at least one year upon conviction.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

The Senate Health and Human Resources Committee met Thursday afternoon, advancing bills on chemotherapy, prohibiting certain foods in West Virginia, the Alternative Nicotine Product Regulatory Act of 2026, and juvenile substance abuse treatments.

Senate Bill 4852 would prohibit the use of certain food additives in West Virginia, effective in 2028.

The following substances are not permitted in food manufactured on or after January 1, 2028, include:

* Butylated hydroxyanisole.
* Propylparaben.
* FD&C Blue No. 1.
* FD&C Blue No. 2.
* FD&C Green No. 3.
* FD&C Red No. 3.
* FD&C Red No. 40.
* FD&C Yellow No. 5.
* FD&C Yellow No. 6.

The bill establishes a civil penalty of up to $500 per individual food item for knowingly manufacturing, selling, or offering for sale food that contains one or more of the listed additives.

Senator Patricia Rucker (R – Jefferson, 16) proposed an amendment clarifying that dietary supplements will not be considered food.

The amendment was adopted.

The bill, as amended, was reported to the full Senate with a recommendation of passage, first being sent to the committee on Judiciary.

Senate Bill 1000 would establish the Alternative Nicotine Product Regulatory Act of 2026.

The bill aims to regulate the manufacturing, labeling, marketing, and sale of alternative nicotine products to protect public health and prevent marketing to minors.

The bill defines “Alternative Nicotine Products” as any noncombustible product that contains nicotine, and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, or consumed by other means.

The bill seeks to ensure the safety and security of alternative nicotine products manufactured for sale in the state.

Senator Rucker proposed an amendment that would remove the directory from the code, due to all the regulations in place stating the directory is no longer necessary.

The amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

House Bill 4089, known as “Jessica Huffman’s Law,” would require health insurers in West Virginia to cover scalp cooling for cancer chemotherapy patients.

Jessica Huffman testified in front of the committee and shared her personal experience and the emotional impact of losing her hair during treatment.

She explained that despite feeling strong and capable, losing her hair made her feel as though others pitied her and viewed her as less confident and credible. She emphasized the social significance of having hair for working mothers, professionals, and others battling cancer.

Huffman stated that the scalp cooling system is FDA-approved and that the treatment can cost between $2,000 and $3,000 for a full chemotherapy course.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 114 would establish a paid parental leave pilot program for eligible state employees.

The bill proposes up to 12 weeks of paid leave for full-time state employees following the birth or adoption of a child between July 1, 2026, and July 1, 2028. Employees would receive 90% of their average weekly wage, capped at $1,000 per week.

The Department of Labor would oversee the program, report its findings to lawmakers, and the pilot would sunset on December 31, 2029.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 1012 would permit the development of additional juvenile substance use disorder treatment beds in Cabell County.

Under current law, new licensed substance abuse treatment beds generally cannot be added in counties that already have more than 250 beds. This bill creates an exception allowing a certificate of need to be issued in Cabell County for up to 60 additional inpatient treatment beds dedicated to individuals 17 years of age or younger.

“We have a lot of youth in West Virginia who need services like this. Unfortunately, that need wasn’t fully considered when bed limits were set. Hopefully, this marks the beginning of recognizing just how urgent the need has become,” stated Senator Scott Fuller (R – Wayne, 05).

The bill was reported to the full Senate with a recommendation of passage.

The Senate passed 13 bills during a late-morning floor session on Thursday, including one that would allow up to five “educational leave days” per school year to be considered “excused absences,” for each student.

Under Senate Bill 1020, students would not be penalized for missing school on these days as long as they are for legitimate educational purposes. In order yo qualify, parents or guardians would submit a note within three days of the student’s return to school explaining how the days were used.

The State Board of Education would create a rule to define what constitutes an educational leave day. School officials could deny these days if the explanation doesn’t meet the defined criteria.

Additionally, the legislation clarifies that absences for participation in certain student organizations like 4-H, FFA, and other state-recognized groups, as well as school-approved activities and college visits, are not subject to the existing 10-day limit for excused absences, effectively allowing more flexibility for these types of absences.

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

Also of note on Thursday, Senator Mike Woelfel (D-Cabell, 05) made a motion to reject Senate Bill 966 on First Reading. This bill would modify the requirements for home schooling in West Virginia by removing the need for parents to have specific qualifications, such as a GED, high school diploma or post-secondary degree, to teach their children at home.

The legislation would also eliminate the requirement that home-schooled children must be instructed in the same subject areas as public schools, specifically removing the mandate for instruction in reading, language, mathematics, science, and social studies.

Additionally, the bill would change the assessment options for home-schooled students, allowing parents to select alternative academic assessments and removing the requirement for standardized testing in specific subjects or for a certified teacher to review a portfolio in those subjects.

Woelfel and other supporters of the rejection motion noted that while the vast majority of home school teachers do an excellent job educating their kids, there are some that game the system and would take advantage of no regulation or oversight. They argued for the simple guardrails that are currently in place.

Opponents of the rejection motion cited studies showing the majority of home school students are well prepared for college and that home schooling is a family matter that does not need government regulation. Senator Eric Tarr (R-Putnam, 04) also correctly pointed out that if the motion to reject was defeated, the bill could still be amended on second or third reading.

The motion to reject the bill failed on a 24-10 vote.

UPDATE: 

The Senate reconvened at 4:45 to receive additional committee reports and read select bills a first time.

The Senate is adjourned until tomorrow Feb. 27, at 11 a.m.

Morning Meetings for Feb. 27:

Judiciary at 9 a.m. in 208W