Friday, June 6, 2025
Friday, June 6, 2025
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Interim Report: Joint Standing Committee on Finance

State Revenue Secretary Dave Hardy gave the Joint Standing Committee on Finance an update regarding various state revenue matters Monday afternoon.

He told the committee that Moody’s bond rating agency has already responded favorably to the new law that cuts state income taxes by 21 percent and reforms the Public Employees Insurance Agency with premium increases.

“We were of course looking for this because we knew that if we did a tax reduction it would be noticed by our bondholders and our bond rating agencies,” Hardy said.

State Deputy Revenue Secretary Mark Muchow told committee members the reduction in the personal income tax, which was retroactive to Jan. 1, will cause the governor’s office to adjust the revenue collection estimates before the end of the fiscal year. He said it’s a delicate balance of the numbers because it’s likely some residents will take the extra take home money and purchase items.

Personal income tax rates could also see further reductions after Aug. 15, 2024 under the recently passed bill. The legislation includes a trigger formula for further reducing personal income tax rates by comparing general revenue collections in a previous fiscal year minus severance tax collections compared to the base year of fiscal year 2019 and tied to the non-seasonally adjusted consumer price index.

If the general revenue collections minus severance tax collections exceed the adjusted base year, a reduction would be triggered. Personal income tax rate reductions would be limited to no more than 10 percent during any fiscal year.

Muchow noted that nine months into the fiscal year total revenues have outpaced estimates by $1.26 billion. The Justice administration has predicted the revenue collection surplus could reach $1.7 billion by July 1.

Hardy told lawmakers the state’s financial standing is strong and likely to stay that way, noting that revenues are performing at “historic levels.” He said he and other state finance officials will continue to watch the personal income tax line and watch the effect of the tax cut.

Interim Report: LOCHHRA

The Legislative Oversight Commission on Health and Human Resources Accountability met Monday morning.

The Commission heard from the DHHR on the transition plan for dividing into three departments: health, human services, and health facilities (HB 2006, 2023 RS). As of now, town meetings have been conducted to address concerns DHHR employees have about the transition. Next week, DHHR leadership will be meeting with the Governor’s team on the DHHR split and will have more specific plans in place.

The Commission also received an update on the implementation of Senate Bill 419 (2022 RS). The bill provides a framework for quality-based substance use disorder residential treatment programs. A pilot program is to be put in place with the intent to provide wraparound services. The Bureau of Medical Service has created an advisory committee with over 20 members to determine the best approach for the pilot program. This committee met weekly between May and September 2022 and is scheduled to reconvene meetings this month.

The Commission also heard an update on the implementation of Senate Bill 247 (2022 RS). The bill integrates evidence-based trauma-informed recovery-oriented Community Behavior Health Clinics. Even though the bill passed in 2022, the work began in 2021 for these types of clinics.

Finally, the Commission heard an update on the West Virginia People’s Access to Help (PATH) program. The technology replaces FACTS, RAPIDS, and OSCAR and integrates all these systems into one. PATH is being implemented in phases and is expected to be fully implemented in the fall. The program allows consumers to access multiple forms of assistance under one system.

Interim Report: Joint Legislative Committee on Flooding

Bob Martin, director of the State Resiliency Office, briefed members of the Joint Legislative Committee on Flooding Sunday afternoon regarding his office’s plans to implement a recently passed flood resiliency law.

The law, Senate Bill 677, was passed by the Legislature during the 2023 regular session and signed into law by Governor Justice late last month.

The legislation requires the state resiliency officer to submit a new Flood Resiliency Plan by June 30, 2024, and then every two years after that going forward.  The bill also allows for 6 percent of Community Development Block Grant disaster recovery funds received by the state to go toward flood resiliency planning and implementation. The bill was authored by Flood Committee Chairman Chandler Swope ( R-Mercer, 06).

Swope said he believes flood mitigation needs to be looked at as infrastructure. Martin agreed, calling flood mitigation the state a “baseline for economic development.”

“We can control the water and utilize it to our good and bend it to our will, we’ll get there,” Martin said. “We’ll create schools that don’t flood regularly, and we’ll have children who want to come back and stay in the state because they didn’t live and grow up in a flooded area; business, industry and homes that don’t flood regularly.”

The bill creates the West Virginia Flood Resiliency Trust Fund within the State Resiliency and Flood Protection Act. The fund will be used to encourage local governments to work on flood protection and prevention projects. It would prioritize low-income geographic areas and prioritize nature-based solutions, using the local environment and features to protect against flood damage.

The qualifications to be the state resiliency officer are enhanced in the bill, requiring the officer to have prior experience with developing disaster resiliency plans, community economic development and regional planning. The legislation also allows the officer to hire additional staff as needed and to lead long-term recovery planning efforts in the event of a state of emergency or federal disaster declaration.

The bill also gives the state resiliency officer authority over the West Virginia Disaster Recovery Fund currently administered by the Division of Homeland Security. The fund can be used to provide money for disaster recovery for people, local governments, emergency services and local organizations. The legislation includes $10 million for the fund, which can be replenished each year.

Interim Report: LOCEA

The Legislative Oversight Committee on Education Accountability met Sunday afternoon.

The committee heard from the WV Tax Division first. The Division indicated that County Property Assessors are doing well and making progress in assessing properties at 60 percent of market value. The Division did state there were a couple of outliers with higher than usual percentages. McDowell Counties is an outlier because of the sales of the Hatfield and McCoy properties. Boone and Pleasant Counites have adjusted modifiers to move based on market value. Ohio, Richie, and Tyler Counties are outliers with higher values due to timing issues with oil and gas data. The 2 percent increase to the limit of the total property tax revenues will prevent a rollback.

The committee heard about three WV Board of Education Policies, which are currently up for public comment. Policy 2520.2B – WV College and Career Readiness Standards for Mathematics – is being amended to align high-quality content standards for mathematics to address requirements passed in House Bill 3055 (2023 RS). The revisions include aligning grade-level and course-specific standards to reflect a more coherent progression of developmentally appropriate mathematics learning as well as reorganizing standards and courses to articulate horizontal and vertical connections. The policy also establishes a set of knowledge and skills that individuals need to transition into employment, enlistment, and higher education.

Policy 5202 – Minimum Requirements for Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications- is being repealed and replaced due to formatting, technical, and subject matter changes. The replacement will align with current legislation. The policy outlines the minimum requirements for education licenses. The policy is revised to allow for Temporary Teaching Certificates, which are renewable. The policy removes language relating to charter schools. The bill changes the language for Early Childhood Classroom Assistant Teachers (ECCATs) to include first through third grades in addition to Pre-K and Kindergarten. The policy also includes criteria for these grades for the ECCAT certificates. The policy amends out-of-state applicates and non-US citizen criteria. The policy adds eligibility and criteria for candidates who hold multi-subject K-8 endorsements to teach English, Science, Social Studies, and Math to teach seventh and eighth grades. The policy clarifies salaries on a CTE Permit or Certificate for the vocational salary class. The policy removes credential language and clarifies reimbursement and salary supplements.

Policy 5901 – Regulations for Alternative Certification Programs for the Education of Teachers – is being revised to align with changes proposed in Policy 5202 and the WV Licensure Testing Directory. The Policy also removes the bachelor’s GPA requirement.

The committee also heard brief reports from the WV Department of Education on extended learning programs and funding for establishing agricultural programs.

In Case You Missed It… Completed Legislation Part Five

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 Senate Bills, which completed the legislative process:

Senate Bill 455 removes the requirement that used motor vehicle dealers exclusively sell used motor vehicles. The bill also removes requirements related to minimum display areas for vehicles, minimum office space size and telephone requirements, and minimum opening hours.

Senate Bill 457 removes the prohibition of gambling on private club premises.

Senate Bill 458 sets the rate of interest on delinquent retirement contribution submissions as the actuarial interest rate assumption as approved by the Consolidated Public Retirement Board for completing the actuarial valuation for the plan year immediately preceding the first day of the plan year in which the delinquency payment is made, compounded daily, and the minimum interest charge is $50. The bill prohibits employer unilateral termination without legislative action.

Senate Bill 461 clarifies that actions taken by an employer related to declared states of preparedness or states of emergency and matters relating to protected classes under the West Virginia Human Rights Act may not be grieved. The bill exempts the Division of Personnel from being a party to grievances involving DOT employees. The bill provides other guidelines for the grievance procedure.

Senate Bill 463 allows commercial driver’s licenses to allow commercial instruction permits to be issued for a period of up to one year.

Senate Bill 465 increases the amount of money a county commission may have in its rainy day fund to 50% of the county’s most recent general fund budget.

Senate Bill 468 expands the types of vehicles which may be permitted on roads and trails in Cabwaylingo State Forest to include the use of utility-terrain vehicles. The bill permits the Director of the DNR to authorize the development and use of certain connector trails from existing private systems, specifically the Hatfield-McCoy system, to further provide access to state park and state forest recreational facilities.

Senate Bill 469 creates the Cardiopulmonary Resuscitation Instruction Fund to be distributed to county boards to cover the cost of CPR instruction for high school students.

Senate Bill 475 modifies examinations for disability pensions. The bill states that beginning July 1, 2023, a physician shall be chosen by the oversight board to perform a medical exam of the individual in person or virtually. The section method of the exam is at the discretion of the oversight board in consultation with the physician.

Senate Bill 476 exempts the Bureau for Medical Services from all the requirements of the Purchasing Division with respect to managed care contracts except when soliciting a procurement for specialized populations such as foster care.

Senate Bill 478 clarifies to provisions of the West Virginia Jumpstart Savings Program.

Senate Bill 481 extends the sunset provision of the Upper Kanawha Resiliency and Revitalization Program to June 30, 2029.

Senate Bill 487 reduces the federal adjusted gross income for those taxpayers who retired under an employer-provided defined benefit pension plan that terminated prior to or after the taxpayer retired and that pension plan is covered by a guarantor whose maximum benefit guarantee is less than the maximum benefit the taxpayer would have received had the plan not terminated.

Senate Bill 488 requires the Higher Education Policy Commission, Community, and Technical College Council, and the institutional governing boards of West Virginia University, Marshall University, and the West Virginia Osteopathic School to update their accreditation rules to conform with the US Department of Education by December 31, 2023.

Senate Bill 490, the Patrol Officer Cassie Marie Johnson Memorial Act, creates knowingly and willfully obstructing a law enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel engaged in their official duties and causing the death of the person acting in his or her official capacity. The bill establishes a penalty of 15 years to life imprisonment.

Senate Bill 495 deems audio video recordings at juvenile facilities and correctional institutions confidential. The bill does provide for exceptions for when records can be disclosed.

Senate Bill 508 increases the reporting threshold for grassroots lobbying campaigns from $500 to $5,000 in any three-month period and from $200 to $1,000 in a one-month period.

Senate Bill 510, a supplemental appropriation, appropriates $2.4 million to the Increased Enrollment Surplus within the State Department of Education.

Senate Bill 516 modifies the disclosure requirements for individual contributions to an independent expenditure from $250 to $1,000.

Senate Bill 522 allocates a portion of the excise taxes counties retain from transfers of title to real estate in the county to funding for election administration and physical and cyber security, and for infrastructure and cyber security for electronic recording of transfers of real property.

Senate Bill 523 modifies the requirements for spending from the Economic Development Fund to offer incentives for businesses to come to WV. The bill removes the $200 floor for financing “high-impact development projects” and establishes a cap of $300 million.

Senate Bill 526 requires that the Bureau of Public Health educate healthcare professionals on the importance of detecting, diagnosing, counseling, and other treatment for cognitive impairment Alzheimer’s, and dementia

Senate Bill 527 allows a living veteran’s spouse, child, grandchild, parent, or sibling to access military records with the county clerk. The bill further clarifies that such records are public after 62 years, consistent with the federal law in the National Archives.

Senate Bill 529 provides for recognition of Limited Liability Limited Partnerships.

Senate Bill 533 allows recycling cooperatives to own more than one vehicle to collect and transport recyclable material.

Senate Bill 534 allows for the sale of frozen beer in a sealed growler or from a frozen beverage machine to fill growlers. The bill allows for wineries, licensed brewers, and resident brewers to sell at private fairs and festivals. The bill also allows for a licensed distillery, mini-distillery, or micro-distillery manufacturing liquor to sell at private fairs and festivals. The bill modifies several definitions and fees.

Senate Bill 543 makes changes to the higher education rules process.

Senate Bill 544 increases the size of power purchase agreements from 500kW to 1000kW.

Senate Bill 546 adds certain opioids and other drugs to Schedule I drugs. The bill also adds delta-8, delta-10, delta 8-O, and Delta 9-O to the list of Scheduled I drugs. The “O” signifies synthetically made cannabinoids. The bill does state that naturally occurring tetrahydrocannabinol with THC levels low enough to qualify under the Hemp Act are not subject to the provisions of the bill.

Senate Bill 548 states lienholders can redeem a delinquent property through the payment of outstanding taxes and interest. The bill requires bidders to pre-register for a public auction held by the Auditor. Citizens and entities with a connection to a “Country of Particular Concern” cannot participate in the Auditor auctions. Those countries include Burma, China, Cuba, Eritrea, Iran, North Korea, Nicaragua, Pakistan, Russia, Saudi Arabia, Tajikistan, and Turkmenistan.

Senate Bill 552 inserts a severability cause into the Unborn Child Protection Act.

Senate Bill 553 allows for a best-value procurement evaluation for prequalified bidders.

Senate Bill 558 prohibits law enforcement agencies from posting on social media the booking photographs of individuals arrested for “minor crimes” with exceptions.

Senate Bill 561 transfers the administration of the Drinking Water Treatment Revolving Fund from the Department of Health and Human Resources to the Department of Environmental Protection.

Senate Bill 568 clarifies the Dangerousness Assessment Advisory Board provides an objective professional recommendation to judges on appropriate levels of security for a person who has been found incompetent to stand trial or not guilty by reason of mental illness. The DHHR has no supervisory authority over the board, as the DHHR has an interest in the proceedings.

Senate Bill 573 updates the child support formula, adds criteria for attributed income, and addresses incarcerated parents.

Senate Bill 577 caps the cost of insulin at $35 for a 30-day supply and for devices at $100.

Senate Bill 579 directs payment of a claim against the Racing Commission in the amount of $16,219.58.

Senate Bill 591 allows counties and municipalities to develop economic projects together and to share proportionally in project costs and revenues generated from the project.

Senate Bill 594 clarifies cost-sharing calculations for high-deductible health plans.

Senate Bill 597 increases the number of non-classified service employees that the Commissioner of Workforce West Virginia is authorized to hire to 200 employees.

Senate Bill 605 requires the Chief Medical Examiner to authorize a person for a position within the Office of the Chief Medical Examiner to recover anatomical gifts by identifying potential donors, evaluating donor eligibility, and obtaining recovery authorization.

Senate Bill 608 corrects the definition section relating to deadly weapons.

Senate Bill 609 states that no existing electrical power plant in the state may be decommissioned or deconstructed without prior approval of the Public Energy Authority.

Senate Bill 613 exempts hospitals providing defined hospital services from certificate of need requirements. The bill removes birth centers from health services required to obtain a certificate of need.

Senate Bill 617 sets guidelines for submitting reports on cases involving instances of substantiated abuse and neglect involving a person with a developmental disability. The bill also establishes a mental health ombudsman. The bill requires a workforce study of the Intellectual and Development Disabilities Waiver Program.

Senate Bill 625 adds micro-school programs to the list of programs whose transcripts or other credentials must be accepted by a public school as a record of a student’s previous academic performance.

Senate Bill 631 to expend federal appropriations from Congress to the Secretary of State for purposes that further the administration of federal elections held in the state.

Senate Bill 633 provides specific guidance as to how courts are to enter a capias warrant against a defendant for failure to appear.

Senate Bill 647 limits the period “substantiated” child abuse claims can be disclosed to prospective employers. The bill directs that where an allegation of abuse and neglect is substantiated by DHHR, but no petition is filed the record must be sealed 12 months after the complaint is deemed unsubstantiated.

Senate Bill 649 authorizes the Berkeley County Council to change its name to the Berkeley County Commission.

Senate Bill 661 provides that an employee who is off work due to a compensable injury be given preferential recall right if the job is still available and the employee’s request to be reinstated is mailed to the employer.

Senate Bill 665 modifies the requirements for licensure as a massage therapist, expanding the qualifications standards and increasing the hours of supervised academic instruction from 500 hours to 625.

Senate Bill 667 permits the Legislative Auditor to conduct performance audits of the West Virginia Secondary Schools Activities Commission to examine the revenues, expenditures, and performance.

Senate Bill 674 recognizes the memorandum of understanding known as the West Virginia First Memorandum of Understanding filed in the Circuit Court of Kanawha County, which called for the creation of the WV First Foundation. The Foundation will be responsible for receiving and distributing opioid funds.

Senate Bill 677 clarifies the responsibilities of the State Resiliency Officer.

Senate Bill 678, a supplemental appropriation, allocates $1.2 million to the Division of Human Services for Social Services.

Senate Bill 679 authorizes the Office of Inspector General to create legislative rules relating to forensic group homes.

Senate Bill 688 allows county boards to hire a retired teacher to provide tutoring services to students who need additional one-on-one instruction in reading and math.

Senate Bill 730 expands the authority of the Legislative Oversight Committee on Health and Human Resources Accountability to the successor agencies of the DHHR, as the department will be split into three departments.

Senate Bill 733 authorizes DNR to issue lifetime nonresident statewide licenses for hunting and trapping, fishing, and bear hunting and nonresident stamps for trout fishing, archery deer hunting, muzzleloading deer hunting, turkey hunting, and national forest hunting, fishing, and trapping.

Senate Bill 734 establishes the requirement for the Chief Information Officer to develop and implement an information technology modernization strategy for the procurement, adoption, and utilization of cloud computing services by the state and its agencies.

Senate Bill 735 corrects code errors to reflect proper departments responsible for specific programs.

Senate Bill 737 creates the Emergency Medical Services Salary Enhancement Fund to supplement the salaries of county EMS personnel.

Senate Bill 740 increases compensation and expense reimbursements for members of the Legislature.

In Case You Missed It… Completed Legislation Part Four

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 Senate Bills, which completed the legislative process:

Senate Bill 4 authorizes the Division of Natural Resources to establish an Adopt-A-Trail program allowing volunteer groups to assist the division in the maintenance and enhancement of trails on state-owned land. The program would be similar to the Adopt-A-Highway and Adopt-A-Stream programs.

Senate Bill 10 allows persons who are holders of concealed handgun permits to carry same on the campuses of the state institutions of higher education.

Senate Bill 47 creates the Charter Schools Stimulus Fund to be used to provide financial support to charter school applicants and charter schools that do not have resources for start-up costs.

Senate Bill 51 requires an impact statement on a school closing or consolidation before any final decision to close or consolidate a school.

Senate Bill 83 allows a tactical medical professional to carry firearms while on duty in the same manner and to the same extent as law enforcement. A tactical medical professional is an EMS personnel, nurse, physician, osteopathic physician, and physician assistant who is trained and certified in a nationally recognized tactical medical training program.

Senate Bill 89 requires all hospitals in the State to have healthcare providers trained and properly qualified by the Sexual Assault Forensic Examination Commission to conduct examinations on call during all hours of operation.

Senate Bill 99 allows county boards of education to meet to discuss the consolidation of school districts or the possibility of sharing administrative, coordinating, and other county-level services and functions between them.

Senate Bill 121 creates specific first amendment protections for high school, college, and university student journalists to determine news, opinions, features, or other content irrespective of whether the student is using school facilities or supported financially by the school.

Senate Bill 128 allows the Governor or Legislature to proclaim or declare a state of preparedness or emergency. The state of preparedness may last only 30 days and the state of emergency may last only 60 days unless the Legislature convenes and approves to extend them.

Senate Bill 131 allows municipal fire departments to award service weapons to municipal fire marshals and deputy fire marshals upon retirement after 20 years, or under if leaving on disability.

Senate Bill 132 clarifies that stalking and harassment are separate criminal offenses. A person convicted of stalking is guilty of a felony and is subject to 2 to 10 years imprisonment.

Senate Bill 136 requires individuals convicted of sexual offenses to undergo psychological or psychiatric testing and have a treatment plan in place to be eligible for parole. The bill also expands the list of offenses that would prohibit a defendant from residing with minor children or having contact with victims.

Senate Bill 142 eliminates the publication requirement for estate closing settlements and instead requires the Fiduciary Supervisor to mail a copy of the document to each beneficiary with a notice that a beneficiary has 10 days in which to contest the closing.

Senate Bill 143 requires any participant 17 years of age or younger must be accompanied by an adult for the Adopt-A-Stream Program. The bill grants the DEP discretion to accept or reject requests to adopt streams and rivers.

Senate Bill 146 amends code to align the Peer-to-Peer (PTP) Car Sharing Program, which is a program or business platform which connects vehicle owners to individuals who want to rent vehicles, with the rental car industry.

Senate Bill 149 exempts properties used for divine worship and the operation of a pre-K school, primary school, middle school, secondary school, daycare center, or church camp for children, which school, daycare center, or church camp is operated by the church which owns the property or is operated by another not-for-profit organization or entity from taxation.

Senate Bill 151 authorizes a “pass-through entity” to elect to be subject to the WV Personal Income Tax. A “pass-through entity” is defined as a partnership or other business entity that is not subject to the WV Corporate Net Income Tax. The bill creates a new tax credit against WV PIT for taxpayers who own an electing pass-through entity.

Senate Bill 161 authorizes the director of DNR to sell, lease, or otherwise dispose of property under his or her jurisdiction and control. The bill also authorizes the director to accept money, security, or real and personal property including lands and waters which are suitable for the purposes of the division.

Senate Bill 162 authorizes the DNR Director to lease and develop pore spaces underlying state forests, natural and scenic areas, wildlife management areas, and other lands under DNR control for carbon sequestration.

Senate Bill 187 makes it a felony offense for any public or private school employee to engage in sexual intercourse, sexual intrusion, or sexual contact with any student regardless of the student’s age. The bill states that consent for the act or occurrence off school property or at a time other than during a school function is not a defense. The penalty for anyone convicted of this offense is not less than 1 nor more than 5 years in prison, and/or a fine of up to $5,000, and includes the permanent forfeiture of any teaching or other certificate.

Senate Bill 188 creates the “Grid Stabilization and Security Act” and directs the Department of Economic Development to identify economically viable sites for the development of natural gas electric generation projects that are located near convenient and sufficient supplies of natural gas and are likely to create projects that provide economic benefits to local and state government and citizens of the state.

Senate Bill 191 states that persons whose cases are being dealt with through both “pretrial diversions” and “deferred adjudications” are liable for any applicable court costs, and payment thereof shall be a condition of the deferred adjudication agreement once they are placed into community corrections.

Senate Bill 200 allows leashed dogs to track wounded deer, elk, turkey, bear, and wild boar when hunting.

Senate Bill 205 authorizes special registration plates and establishes fees for the plates. The bill authorizes the suspension of registration of any owner who displays a damaged or illegible plate or otherwise fails to comply with a legal requirement. The bill also allows for voiding the plates if there is an issue with renewal.

Senate Bill 207 eliminates the maximum allowable state allocation from the West Virginia Department of Economic Development to eligible regional councils for purposes of obtaining federal matching grants.

Senate Bill 208 requires all current law-enforcement officers to receive training for appropriate interactions with and in response to persons with autism, Alzheimer’s, and related dementias every three years.

Senate Bill 220 adds regulations to Hemp-derived cannabinoids and Kratom. The bill limits the sale to people 21 years of age or older, authorizes the ABCA Commission to enforce regulations, imposes an excise tax of 11% on the products, and creates new criminal offenses for individuals under 21.

Senate Bill 231 transfers the administration of the West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program from the Department of Commerce to the Department of Economic Development.

Senate Bill 232 creates a multi-disciplinary study group to make recommendations to the Legislature about dealing with persons with disabilities in the criminal justice system.

Senate Bill 237 provides a one-time supplemental payment of $1,500 to retired individuals of PERS and TRS who are 70 years or older, have at least 20 years of service, and have a monthly annuity payment of less than $1,000. The bill also increases the minimum annuity payment for retired individuals of PERS or TRS who are 70 or older, have 25 or more years of service, and have a monthly annuity payment of less than $1,000.

Senate Bill 239 requires the Commissioner for the Bureau for Behavioral Health to conduct a study among behavioral health providers, substance abuse disorder providers, municipal leaders, and county government leaders to obtain a breakdown of various demographics within the homeless community throughout the State of West Virginia.

Senate Bill 240 modifies the requirements of Chapter 30 board applicant registries available to the public. The bill mandates that boards maintain a website with the names of board members and staff, contact information for them, copies of minutes of board meetings, and notice of upcoming meetings.

Senate Bill 241 makes the investigation and enforcement of the Patient Brokering Act the responsibility of the Office of Health Facility Licensure and Certification (OHFLAC) It requires OHFLAC to develop a tool to facilitate public complaints about the Patient Brokering Act.

Senate Bill 244 requires any state entity that licenses, certifies, or otherwise authorizes an individual to practice a profession, trade, or occupation to make a roster of those authorized individuals available to the public and electronically if the entity has a website.

Senate Bill 246 revises the membership of the Broadband Enhancement Council to reflect the loss of a congressional district, decreasing the membership from 13 to 11.

Senate Bill 247 makes appeals of final board action subject to the Administrative Procedures Act with appeals to be fined to the Intermediate Court of Appeals.

Senate Bill 258 removes the $10,000 limit on the maximum fair market value for single-item rent-to-own.

Senate Bill 267 requires PEIA and Medicated to provide electronic portals for the submission of prior authorization forms.

Senate Bill 268 requires all PEIA board members to complete fiduciary training, as members will have a fiduciary responsibility to protect plan assets for participants. It requires the finance board to hold at least two public hearings on proposed financial plans. The finance board may only use revenue estimates from the governor as needed to maintain an actuarially recommended reserve fund and to maintain premium cost-sharing. The director may not incorporate other revenue sources into the plan.

The bill requires plans to reimburse WV hospitals at a minimum rate of 110 percent of Medicare. Plans for employees and retired employees shall be at a cost-sharing rate of 80 percent for the employer and 20 percent for the employees. PEIA will maintain the 80-20 cost-sharing for instate and out-of-state in contiguous counties and then drops to 70-30 coverage for other out-of-state providers.

All plans shall include coverage for diagnosis, evaluation, and treatment for autism spectrum disorder for ages 18 months to 18 years. Coverage through PEIA includes children’s immunizations from birth to 16 for diphtheria, polio, mumps, measles, rubella, tetanus, hepatitis-b, hemophilia influenza-b, and whooping cough. Coverage includes a 12-month refill for contraceptives and group life and accidental death insurance for $10,000 for each employee.

The bill makes a change to spousal coverage through PEIA. If an employee’s spouse has health insurance available through their employer, then they are will not be covered under PEIA unless the employee adds the spouse to the plan by paying an additional $147 a month.

Senate Bill 270 provides an exemption from the requirement to secure a permit to have a body cremated for representatives of institutions who are arranging the cremation of the body of an individual who has donated his or her body to science.

Senate Bill 271 allows nominees for the First Responders Honor Board to be considered by the Legislature at times other than its next regular session.

Senate Bill 273 reallocates existing child protective service workers throughout the state based on the population in the 2020 Census.

Senate Bill 275 adds State Fire Marshals to the list of persons who receive school safety information.

Senate Bill 276 allows the State Fire Marshal to award the service weapon of a retiring State Fire Marshal, any full-time deputy fire marshal, or any full-time assistant fire marshal employed by the State Fire Marshal to the retiree without charge when the retiring member honorably retires with at least 10 years of service or with less than 10 years of service based upon the determination that the retiring employee is totally physically disabled as a result of service with the State Fire Marshal.

Senate Bill 294 clarifies that deputy sheriffs receive an annual monetary payment in the amount of $5 per month of service (increasing at a rate of $60 per year) – with the payments and calculations starting after their first year of service.

Senate Bill 298 allows local emergency services entities to enter into mutual aid agreements with fire and emergency medical services located in border counties of contiguous states for day-to-day cooperation.

Senate Bill 300 modifies the definition of “law-enforcement officer” to clarify that a county litter officer who has not received training and been certified as a law-enforcement officer is not considered a “law-enforcement officer”.

Senate Bill 302 requires West Virginia law enforcement agencies to index felony warrants with the National Crime Information Center of the FBI.

Senate Bill 335 authorizes agencies within the Department of Homeland Security to create legislative rules relating to law enforcement response to domestic violence, the National Flood Insurance Program, hazardous substance emergency response training program, certification of home inspectors, volunteer firefighters’ training equipment, and operating standards, certification of electrical inspectors, supervision of fire protection work, electrician licensing, WV State police standards, and modified vehicle inspections.

Senate Bill 345 authorizes agencies within the Department of Revenue to create legislative rules relating to money transmission services, suitability in annuity transactions, pharmacy auditing entities and pharmacy benefits managers, bail bondsmen in criminal cases, WV Lottery sports wagering, valuation of producing and reserve oil, natural gas liquid and natural gas for property tax purposes, WV Film Industry Investment Act, Farm to Food Bank tax credit, property transfer tax, municipal sales and use tax administration and personnel rule.

Senate Bill 356 authorizes agencies within the DOR to create legislative rules relating to administrative due process; examination and issuance of driver’s licenses; denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals, and reinstatement of driving privileges; disposal, lease, and management of real property and appurtenant structures and relocations assistance; and organization and meetings repeal of the State Rail Authority.

Senate Bill 361 authorizes various boards and agencies to create legislative rule including the Board of Accountancy on board rules of professional conduct; Board of Acupuncture on advertising by licensed acupuncturists, standards of practice, and continuing education requirements; the Department of Agriculture on apiary rule, fruit inspection schedule, noxious weeds, Grade “A” pasteurized milk, inspection of nontraditional, domesticated animals, hemp products, livestock care standards, farm-to-food bank tax credit, and famers markets; the Athletic Commission on administrative rules and regulation of mixed martial arts; the State Auditor on standards for voluntary payroll deductions; the Conservation Agency on operation of West Virginia State Conservation Committee and conservation district and conservation district accounting and auditing standards; the Board of Dentistry on dental recovery networks; the Board of Funeral Service Examiners on funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements, crematory requirements, and fee schedule; the Board of Landscape Architects on registration of landscape architects; the Board of Medicine on licensing of physicians and podiatric physicians and disciplinary procedures for applicants, licensees, and credential holders, licensure, practice requirements, disciplinary and complaint procedures, continuing education, physician assistants, collaborative pharmacy practice, and prohibiting sexual misconduct by health care practitioners; the Board of Optometry on optometric telehealth practice; the Board of Osteopathic Medicine on osteopathic physician assistants; the Board of Pharmacy on licensure and practice of pharmacy, the Uniform Controlled Substance Act, rules for registration of pharmacy technicians, regulations governing pharmacy permit, inspections, and the Donated Drug Repository Program; and Board of RPNs on requirements for registration and licensure and conduct constituting professional misconduct, advanced practice registered nurse licensure requirements, limited prescriptive authority for nurses in advanced practice, continuing education and competence, fees for services rendered by the board, practitioner requirements for accessing the West Virginia Controlled Substance Monitoring Program database, and telehealth.

Senate Bill 409 authorizes agencies within the Department of Commerce to create legislative rules relating to the Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program, West Virginia Board of Manufactured Housing Construction and Safety, supervision of plumbing work, regulation of heating, ventilating, and cooling work, registration of service persons and service agencies, registration of weighing and measuring devices, commercial whitewater outfitters, special motorboating regulations, and permits and licenses.

Senate Bill 422 requires each public-school county-adopted class curriculum to be posted on the school’s website at the beginning of each school year and the revised curriculum to be posted within 30 business days.

Senate Bill 423 increases the annual salaries of members of the West Virginia State Police, public school teachers, and public-school service personnel beginning July 1, 2023.

Senate Bill 430 clarifies that the Department of Revenue’s exemption from procedural oversight by the Treasurer’s Office does not equate to an exemption from the State Treasurer’s contract authority.

Senate Bill 439 creates a “Design-Build Pilot Program” to be administered by the Department of Environmental Protection. The program will allow DEP to expedite infrastructure projects by combining the design and construction elements of a proposed project into a single contract.

Senate Bill 443 directs payment of funds from fees charged at the time of qualification of a fiduciary to the State Auditor.

Senate Bill 444 ends the WV Future Fund and transfers the money to the General Revenue Fund.

Senate Bill 446 removes methanol and methanol fuel from the definition of special fuel for purposes of the motor fuel excise tax.

Senate Bill 449 updates the government employee retirement systems to include Natural Resources Police Officers and public charter school employees.

Senate Bill 450 requires medical examinations to be performed either in person or virtually by a physician approved by the board when approving disability awards and benefits for members of the West Virginia Public Employees Retirement System, the Deputy Sheriffs’ Retirement System, the Municipal Police and Firefighters Retirement System, the State Police Retirement System, the Emergency Medical Services Retirement System, the Teachers Retirement System, and the Natural Resources Police Officers Retirement System.

Senate Bill 451 updates the definitions to reflect that public charter schools may elect to participate in the teachers’ retirement systems

Senate Bill 452 adds 911 personnel and county firefighter to those who can contribute and receive benefits from the EMS Retirement System.

Senate Bill 453 provides for successor liability and delinquent retirement contributions for public charter schools.

In Case You Missed It… Completed Legislation Part Three

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 House Bills, which completed the legislative process:

House Bill 3306 places the Office of Drug Control Policy administratively within the Department of Human Services but the director shall be appointed by and report to the Governor. The bill also creates the sober living/recovery residence taskforce. The task force will review existing law regarding sober living homes/recovery residences in WV, other states, and existing case law and make recommendations to the LOCHHRA no later than December 15, 2023. A representative of the task force will provide an update regarding the status with preliminary findings by July 1, 2023.

House Bill 3307 establishes the West Virginia – Ireland Trade Commission. The Commission is tasked with advancing bilateral trade and investment between WV and Ireland; initiating joint action on policy issues of mutual interest; promoting business and academic exchange between the two; and encouraging mutual economic support and investment in infrastructure.

House Bill 3308 authorizes the PSC to approve the issuance of consumer rate relief bonds for eligible costs related to environmental control costs, expanded net energy costs, storm recovery costs, and underappreciated generation utility plant balances.  

House Bill 3311 increases the alcohol content of table wine to between 0.5% and 15.5% and dessert wine to 15.6%.

House Bill 3315 creates readiness enhancement and enlistment bonuses and updates commissioning bonuses which may be awarded by the Adjutant General at his or her discretion for individuals with expertise, qualifications, or potential for service of particular importance. The bill establishes criteria for receipt of a bonus which include: (1) Joining the National Guard as an enlisted member, (2) Serves satisfactorily and completing initial entry training, and (3) Having expertise, qualification, or potential for military service deemed by the Adjutant General as sufficiently as important to the National Guard.  

House Bill 3317 removes specific continuing education requirements relating to license renewal of certain chapter 30 boards.

House Bill 3328 authorizes the Hatfield-McCoy Regional Recreation Authority to contract their trail building and trail maintenance capabilities for the construction and maintenance of trails on private property, with the consent of the private property owner.

House Bill 3332 allocates circuit judges for the 2024 election. The bill combined language relating to magistrates’ allocation in House Bill 2938 and House Bill 3174, language relating to family court allocation in House Bill 3330, language regarding both magistrates and family courts staffing in House Bill 3331, and language relating to circuit court allocations in one bill. The bill changes the allocation of circuit judges and creates a circuit with one judge. The bill provides for run-off elections to be held in the November General election.

House Bill 3337 prohibits substance abuse treatment beds to be added in any county which already has greater than 250 licensed substance abuse treatment beds.

House Bill 3340 revises the WV Tax Increment Financing (TIF) Act. The bill authorizes the county commission to expand the TIF for up to 15 years due to the impact of the recession and COVID-19 for bonds issued before December 31, 2020.

House Bill 3344 directs payment of moral obligations of state agencies, approved by the West Virginia Legislative Claims Commission, for claims against the State, totaling $1,606,204.42.

House Bill 3354 authorizes municipalities to combine operations with other municipalities and counties to provide governmental services.

House Bill 3360 creates an Office of Inspector General within the Department of Homeland Security. The bill sets qualifications and states the IG is to be appointed to the Governor. The Governor may set the salary, which is capped at $95,000.

House Bill 3364 requires a municipality currently funding its pension and relief funds using the alternative method of funding to close its fund to new hires as a condition of being authorized to issue pension funding revenue bonds.

House Bill 3369 requires the Division of Protective Services Director to establish a school safety unit, used primarily to make school safety inspections and recommendations to the appropriate county school personnel or other school administrators. Officers will have the authority to respond to and investigate all school safety matters, and they will have statewide law-enforcement authority.

House Bill 3370 creates the State Parks Enhancement Loan Insurance Program to guarantee payment of loans from lending institutions to private entities that want to develop a project in state parks and resorts operated on U.S. Army Corps of Engineers property. The program will attract and increase recreational opportunities, tourism, and economic development in the state.

House Bill 3371 requires through a separate line-item appropriation in the state budget that the two institutions maximize federal matching requirements. The bill also corrects the code to reflect West Virginia State is now a university.

House Bill 3387 extends the moratorium on the authorization of new convention and visitors bureaus for an additional two years to June 30, 2026 and clarifies when and how a new convention and visitors bureau can qualify for distribution of the hotel occupancy tax proceeds.

House Bill 3391 changes how appeals for assessment of property or the tax classification are handled. It assigns appeals for such to the Intermediate Court of Appeals. The bill requires the appeal of final decisions or orders of the Office of Tax Appeals to the Intermediate Court of Appeals within 30 days of entry of the final decision or order. The new filing deadline with the Office of Tax Appeals is March 31 of the property tax year. If it’s not received by that date, then it will be dismissed. For appeals on taxability or classification of property by the Tax Commissioner, a petition of appeal must be filed within 30 days of the written notice from the Commissioner. A hearing is required within 90 days.

House Bill 3396, a supplementary appropriation, allocates funding from the State Road Fund to the Division of Highways with $70 million for Interstate Construction, $40 million for other federal aid programs, and $80 million for Appalachian Programs.

House Bill 3398 establishes the West Virginia Memorial to Fallen Heroes of the Global War on Terrorism. The bill creates a monument construction commission and directs the Division of Labor to allocate funding.

House Bill 3428 makes the West Virginia Business Ready Sites Program permanent. The program promotes economic development in the state by facilitating the construction of utility infrastructure to make sites in the state attractive for industrial development.

House Bill 3432 updates and clarifies code relating to statutory construction.

House Bill 3439 requires every child-placing agency to obtain an insurance policy in an amount of not less than $1 million per incident against liability for damages arising from any error or omission in providing child placement services. The agency must file proof of insurance with the Department of Health and Human Resources annually by January 1.

House Bill 3441 revises the training requirements for members of the Higher Education Policy Commission, the Council for Community and Technical College Education, and the institutional governing boards. The bill requires that orientation and training offered to new members of the governing bodies comprise 6 hours of instruction time which can be broken up over the member’s first year of service. After the first year, each individual is required to complete at least 4 hours of training and development each year related to duties.

House Bill 3443 mandates that any improvement on land, including any disturbance in a right-of-way, construction project, or infrastructure project that is subject to review by the State Historic Preservation Office must be conducted expediently.

House Bill 3444 adds the Cabinet Secretary of Economic Development or a designee to the semi-quincentennial commission as ex-officio voting members.

House Bill 3448 allows the Supreme Court Division of Probation Services to conduct field training for probation officers and grants a field training officer the same powers as a probation officer while performing his or her duties.

House Bill 3450 allows licensed racetracks with three or more years in services to receive $1 in recoupment from their facility modernization account for every $2 that they expend on facility modernization improvements or capital improvements at facilities located in the state that are on or contiguous to the premise of the licensed racetrack. The bill allows counties to receive one percent of net terminal income and for municipalities to receive an equal distribution of one percent of net terminal income from racetracks.

House Bill 3451 establishes different criteria for preference points and entitles veterans to those preference points based on the established criteria. Based on the qualifications, those points are added to passing employment scores for veterans and offer additional benefits in state hiring for qualifying veterans.

House Bill 3473 creates a workgroup to review and report to the Legislature on how best to create a clearinghouse that can make available information needed for the deployment of underground infrastructure in public rights-of-way in this state. The task force members include the Commissioner of the Division of Highways and representatives of the Division of Environmental Protection (DEP), the historic preservation section of the Department of Arts, Culture, and History, and any designees as may be selected by the Legislative Oversight Commission on Department of Transportation Accountability.

House Bill 3479 imposes restrictions on the operation of drones over “targeted facilities” such as chemical plants, steel mills, railyards, oil or gas refineries and pipelines, military installations, dams, water treatment facilities, wireless/radio transmission towers, and commercial airports. The bill also clarifies that restrictions on drone use do not constrain law enforcement agencies. Landowners are not limited to flying drones over their property.

House Bill 3482 creates the Coal Fired Grid Stabilization and Security Act of 2023. The Senate amendment revises the article numbering to ensure it does not conflict with any provisions within recently passed Senate Bill 188.

House Bill 3499 amends the Uniform Real Property Transfer on Death Act by clarifying what happens when a designated beneficiary of a transfer on a death deed predeceases the transferor. If the sole beneficiary of the deed predeceases the transferor, the transfer on the death deed lapses. The bill allows for transfer on death deeds to account for the right of survivorship.

House Bill 3500 amends the WV Consumer Credit and Protection Act by adding a section that allows the employees of a licensee to conduct the business of the regulated consumer lender licensee at home.

House Bill 3509, a supplementary appropriation, increases the spending authority of the Public Service Commission by $170,000 – $20,000 for personal services and employee benefits and $150,000 for current expenses.

House Bill 3510, a supplementary appropriation, increases the special revenue spending authority for the Office of Technology by $2 million for current expenses.

House Bill 3511, a supplementary appropriation, allocates $743,436 for the School Lunch Program to the State Board of Education.

House Bill HB 3512, a supplementary appropriation, increases the spending authority of Federal funds by the Division of Human Services for Medical Services ($212,000,000) and Medical Services Administrative costs ($57,142,618).

House Bill 3513, a supplementary appropriation, decreases the Debt Service of the Regional Jail and Correctional Facility Authority by $7,100,000.

House Bill 3514, a supplementary appropriation, increases the WV Birth-to-Three Fund for Current Expenses to $3,238,284.

House Bill 3515, a supplementary appropriation, increases the spending authority for the Veterans’ Facilities Support Fund by $1,500,000. 

House Bill 3516, a supplementary appropriation, increases the WV Safe Drinking Water Treatment funding to $64,753,300.

House Bill 3517, a supplementary appropriation, increases the current expenses funding for Child Care and Development to $7,566,541.

House Bill 3518, a supplementary appropriation, increases the federal spending authority for the Department of Agriculture by $3,622,591.

House Bill 3519, a supplementary appropriation, increases the spending authority for the DMV by $100,000.

House Bill 3520, supplementary appropriation, increases funding to for the current expenses of the Vocational Division of the State Board of Education to $3 million.

House Bill 3521, a supplementary appropriation, increases the spending authority for Maternal and Child Health by $1 million

House Bill 3522, a supplementary appropriation, increases the spending authority for the DNR- Wildlife Resources by $200,000. 

House Bill 3523, a supplementary appropriation, allocates $5,000,000 to the Economic Development Authority.

House Bill 3524, a supplementary appropriation, increases the spending authority for the Department of Agriculture- WV Spay Neuter Assistance Fund by $400,000.

House Bill 3526, a supplementary appropriation, increases the spending authority for the Public Service Commission by $3,048,780 – $248780 for repairs and alterations and $2.8 million for Debt payment/capital outlay.

House Bill 3527, a supplementary appropriation, allocates $15 million of the State Excess Lottery Revenue Fund to the Department of Education for equipment. The bill also allocates $25 million to the School Building Authority.

House Bill 3528, a supplementary appropriation, increases the spending authority of the Hospital Services Revenue Account by $29,877,096.

House Bill 3529, a supplementary appropriation, increases the spending authority of the Division of Rehabilitation Services by $34 million for current expenses.

House Bill 3542, a supplementary appropriation, expires $50 million from the Mine Subsidence Insurance Fund to the Public Entity Insurance Trust Fund.

House Bill 3547 increases the number of personal leave days that county board of education employees may use without regard to the cause for the absence from four to five. The bill removes the requirement that a teacher finds their own substitute for those days.

House Bill 3552 permits counties to seek reimbursement from municipalities for one day of per diem jail fees when (1) the incarceration was made by municipal police, (2) the incarceration was not a municipal violation, (3) when municipal police are from class I, II, or III municipality-with population greater than 4,000, or (4) reimbursement is sought pursuant to a memorandum of understanding.

House Bill 3553, a supplementary appropriation, allocates $250,000 to the Chief Medical Examiner.

House Bill 3555 allows institutions to work with booksellers, publishers, or other third parties to offer a courseware and book fee at a lump sum or per credit hour amount if an opt-out option is offered to students in advance of the start of each academic term.

House Bill 3557, a supplementary appropriation, increases the spending authority of the Department of Veterans’ Assistance by $750,000 for buildings.

House Bill 3559 defines a newborn safety device as a device that permits a person to anonymously place a child within 30 days of the child’s birth in the device with the intent to leave the child and for a licensed emergency medical services provider to remove the child from the device and take custody of the child. The bill grants anonymity and freedom from pursuit to any person who relinquishes a child in a newborn safety device, unless in cases where evidence of child abuse or neglect is present.

House Bill 3560 adds rock climbing, bouldering, caving, rappelling, and slacklining to the list of recreational activities.

House Bill 3563, a supplementary appropriation, increases the spending authority of the Division of Human Services’ current expenses by $65,750,000 and the federal coronavirus pandemic by $68,579,000.

House Bill 3564, a supplementary appropriation, transfers $20 million within the Divisions of Human Services- Energy Assistance from the federal coronavirus pandemic to current expenses.

In Case You Missed It… Completed Legislation Part Two

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 70 House Bills, which completed the legislative process:

House Bill 2904, a supplementary appropriation, appropriates $1 million of Surplus funds to the Department of Commerce for its Marketing and Communications Operating Fund.

House Bill 2906, a supplementary appropriation, transfers $21,550,000 of unappropriated Lottery Net Profits to the State General Revenue surplus balance.

House Bill 2907, a supplementary appropriation, allocates $19 million of unappropriated surplus to the Department of Administration – Division of General Services for Capital Outlay, Repairs, and Equipment.

House Bill 2908, a supplementary appropriation, allocates $2 million from the General Revenue surplus to the Department of Commerce – Division of Forestry with $1.2 million going to the current expenses of the Division of Forestry and $800,000 for equipment.

House Bill 2910, a supplementary appropriation, allocates $20 million of the General Revenue surplus to the Public Defenders Services with $18.6 million going to Appointed Counsel Fees and $1.4 million going to Public Defender Corporation.

House Bill 2911, a supplementary appropriation, allocates $9.5 million to the Department of Homeland Security – Victims of Crime Act.

House Bill 2913, a supplementary appropriation, allocates $12,031,796 to the Consolidated Medical Service Fund from the General Revenue surplus.

House Bill 2914, a supplementary appropriation, allocates $85 million to the Civil Contingent Fund from the General Revenue surplus.

House Bill 2915, a supplementary appropriation, allocates $30,500,000 of unappropriated funds from the State Excess Lottery Revenue Fund to the General Revenue surplus.

House Bill 2917 allows retirees of the WV Public Employees Retirement System to re-enter post-retirement employment with the DHHR as child protective services workers and/or adult protective services workers, without suspending those retirees’ retirement annuity and without reentering the retirement system as a contributing member.

House Bill 2928, a supplementary appropriation, allocates $1 million from the General Revenue surplus to the Division of Health – Pregnancy Centers.

House Bill 2955 establishes Regional Water and Wastewater, and Stormwater Authority Act, which enables municipalities and public services districts to collaborate and establish a regional stormwater authority. A regional stormwater authority could operate in combination with water and wastewater authorities. The bill sets membership requirements. The bill also states that rates, fees, and charges are subject to review and approval by the Public Service Commission, although the PSC does not have jurisdiction to regulate the rates charged for storm, flood, and surface water drainage services.

House Bill 2967 provides for the expedited processing of professional or trade license applications for service members, veterans, and their spouses, when the applicant is licensed and in good standing in another jurisdiction.

House Bill 2993 creates a new hospital designation called a “Rural Emergency Hospital” and changes the definition of “Critical Access Hospital.” To become an REH, a hospital will need to be a CAH for one year and continue to be when applying for licensure. The bill requires an REH to (1) provide rural emergency hospital services through a staffed emergency department; (2) not provide acute care inpatient services; (3) treat all patients regardless of insurance status; and (4) have a transfer agreement with a Level I or Level II trauma center.

House Bill 3012 exempts rare earth elements and minerals from the severance tax for a period of nine years. The nine-year timeframe would begin July 1, 2023.

House Bill 3013 allows for a fourth economic opportunity development district in the state. This economic opportunity development district would be in Jefferson County. The bill allows the creation of the district without the specific approval of the Executive Director of the Development Office. The bill also allows the County Commission to determine the base district tax, the base tax revenue amount, the gross annual district tax revenue amount, and the estimated net annual district tax revenue amount instead of these amounts being set by the Development Office. The bill also extends a current economic opportunity development district in Monongalia County.

House Bill 3018 establishes the age of consent to marry at 18 with an allowance of marriage for 16-and-17-year-old with consent from a parent or guardian. The bill does state a 16-year-old or 17-year-old must acknowledge his or her consent to be married and state that he or she is not being coerced or under any duress to marry. A 16- or 17-year-old cannot marry anyone more than four years older than them. The bill also grants that annulment can be sought without consent until the age of 18.

House Bill 3035, the Third Grade Success Act, provides a statewide multi-tiered system of support and intervention of grade-level literacy and numeracy in grades K through 3. The bill requires the state board of education to develop a list of appropriate screeners, early assessments, and professional development that ensures that all students receive the necessary and appropriate screenings, evaluations, and early assessments for specific learning disabilities, including dyslexia and dyscalculia. The bill also amends the teacher-to-pupil ratio and service personnel-to-student ratio.

House Bill 3036 expands the BUILD WV Act by eliminating any caps on the number of certified BUILD WV districts and leaving this to the discretion of the Secretaries of Commerce, Economic Development, and Tourism. The total approved costs would be increased from $40,000,000 to $150,000,000.

House Bill 3039, a supplementary appropriation, allocates $1 million from the General Revenue surplus to the Adjutant General Armory Board.

House Bill 3040, a supplementary appropriation, allocates $26 million from the General Revenue surplus to the Department of Administration Consolidated Public Retirement to provide bonus payments and raise the benefit floor.

House Bill 3042 provides a legal standard in court for people who believe the government has infringed on their religious beliefs. The bill does not create a cause of action by an employee against a non-governmental employer nor does it create a defense to an action for failure to provide medical treatment as required by the Emergency Medical Treatment and Active Labor Act. The bill also states that this law shall not be used as a defense to protect actions to end the life of a born or unborn person.

House Bill 3044 reduces the annual fee per video lottery terminal from $1,000 to $500 except for those video lottery terminals that utilized the 10 percent lowest performing software versions, measured by daily net terminal income. The fee is due May 1, 2023, and each May 1 until 2030.

House Bill 3055 requires all public school curricula to provide a technical transition math class geared towards students interested in careers in the trades. The course will offer a math curriculum in the fields of fractions, conversion from fractions to decimals, application of measurement, reading blueprints, geometry pertaining to workforce math, and other math skills needed to succeed in the trade.

House Bill 3061 expands the authority of the Foster Care Ombudsman. The bill prohibits the ombudsman or staff from being compelled to identify individuals providing information as part of an investigation. All memoranda, work notes, and case files are confidential and cannot be subpoenaed, and are not admissible in court.

House Bill 3065, a supplementary appropriation, increases funding for the Aeronautics Commission by $200,000 for current expenses. The increases will come from the General Revenue unappropriated balance.

House Bill 3066, a supplementary appropriation, reduces the total of the State Aid to Schools by $4,559,900.

House Bill 3067, a supplementary appropriation, increases the current expenses of the Division of Public Transit by $1 million.

House Bill 3073, a supplementary appropriation, allocates $100,000 to the Adjutant General for the Civil Air Patrol.

House Bill 3074, a supplementary appropriation, creates a new line item, the Division of Multimodal Transportation Facilities within the DOT. The bill allocates $700,000 to the division.

House Bill 3077 repeals a section of code, which would expire the Multi-State Real-Time Tracking System. The system provided by the national association of drug diversion investigators at no cost to states is used to electronically monitor the purchases of over-the-counter cold and allergy medication containing precursors to methamphetamine. The system was set to expire on June 30, 2023. Repealing this section allows for the use of the system to continue.

House Bill 3084 makes changes to education statutes to include charter schools. The bill adds charter schools to the list of recipients for the Safe Schools Fund. The funds will now be distributed on a need basis. Modifications made to school buildings are only allowed on county-owned buildings. A preference is provided for the placement of video cameras in special education classrooms, which do not have one yet. The funds may be expended on safe school entryways. The bill includes public charter schools in the school aid formula.

House Bill 3092 establishes intra-state reciprocity for mobile food establishments. A mobile food establishment vendor that has a mobile food establishment permit in his or her County of residence may be issued a permit by reciprocity by the local or county health department. The reciprocal permit is valid for the same period as the initial permit. The health department issuing a permit by reciprocity may place conditions on the permit to ensure compliance with its own rules and standards for that type of permit but may not charge an additional fee for it. The vendor seeking the reciprocal permit must apply at least 14 days before operating in the reciprocal county and must post the permit visibly.

House Bill 3108, a supplementary appropriation, allocates $1.1 million to the State Rail Authority.

House Bill 3109, a supplementary appropriation, allocates $1.3 million to the State Board of Education for Equipment and $281,766 to the State Board of Education for Extraordinary Sustained Growth.

House Bill 3110 adds new revenue streams to fund the DEP’s Office of Oil and Gas to provide more revenue and the ability to hire more inspectors. The bill ensures that the WVDEP Office of Oil and Gas has sufficient money to inspect the oil and gas wells of the State of West Virginia in an efficacious and diligent manner that protects the people and environment of the State from degradation related to violations of the West Virginia oil and gas production laws

House Bill 3113 requires beginning with the class of students entering 9th grade in the 2024-2025 school year and thereafter, each high school student shall complete a one-half credit course of study in personal finance during their 11th or 12th-grade year as a requirement for high school graduation.

House Bill 3114 prohibits severance pay for probationary DOT employees who are terminated for failing or refusing to submit to drug and alcohol screens.

House Bill 3122 allows any person lawfully entitled to hunt with a rifle to use an encapsulated propellant charge that loads from the breech, with the projectile loaded from the muzzle, during any muzzleloader season except during the Mountaineer Heritage season.

House Bill 3135 modifies the salaries of the Governor and Constitutional Officers beginning January 1, 2025. The bill sets the salaries at the amount paid to certain federal employees pursuant to two different federal employee pay schedules beginning in 2025. The Governor would be paid the rate of Grade 15, Step 10 federal employee. The 2023 salary rate is $177,978. The Constitutional Officers would be paid the rate of Grade 15, Step 4 federal employees. The 2023 salary rate is $129,269. Both salaries are set under the Salary Table For Locality Pay Area of the Rest of the US as published by the US Office of Personnel Management. Salaries cannot change during official terms; therefore, salaries will be reevaluated every four years.

House Bill 3141 updates the code relating to dentistry to include dental anesthesiology, oral medicine, and orofacial pain specialties.

House Bill 3146, the Public Meetings Suring Emergency Act, allows virtual public meetings.

House Bill 3147 expands the Mountaineer Trail Network and creates the Upper Ohio Valley Trail Network Recreational Authority. The bill establishes the recreation area as all Northern Panhandle counties – Hancock, Brooke, Ohio, and Marshall as well as Ohio Valley Counties – Wetzel, Tyler, Pleasants, Wood, Jackson, Mason, and Cabell. Recreational activities at these locations include hunting, fishing, swimming, boating, camping, hiking, and more. The bill does provide protections for landowners.

House Bill 3148 amends provisions of the Code relating to municipal firemen’s and policemen’s pension and relief funds. The bill provides a fifth method of funding – Optional II – which would require contributions sufficient to meet the normal cost of the fund and amortize any actuarial deficiency over a period of not more than 40 years beginning July 1, 2023. The bill authorizes a municipality using the Conservation method of funding, to convert to either the Optional or Optional II method of funding, beginning July 1, 2023. The bill eliminates the ability of any municipality using the Alternative method of funding to choose to use the Conservation method of funding, as of July 1, 2023.

House Bill 3156 increases the compensation rate of panel attorneys from $3,000 to $4,500. The bill provides for payment for representation in expungement proceedings when cases have been dismissed.

House Bill 3164 extends the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties from January 1, 2023, to June 30, 2025.

House Bill 3166 permits a hospital to hold a patient experiencing a psychiatric emergency for up to 72 hours.

House Bill 3168 amends the Tourism Development Act to allow the acquisition and the equipping of a tourism development project or a tourism development expansion as newly approved costs of architectural and engineering services for the project.

House Bill 3189 creates the PFAS Protection Act. The bill requires the DEP to identify and address PFAS sources impacting public water by July 1, 2024. The bill also requires that facilities that have used PFA chemicals recently report their use to the DEP. It’s required that permits be updated to monitor PFAS chemical facilities to report their use. The bill also requires the DEP to propose rules to adopt water quality criteria for certain PFAS chemicals after they are finalized by the USEPA.

House Bill 3190 amends the definition of “minor” to “a person younger than 18 years of age or a person that is representing himself to herself to be a minor.” This is solely for the purposes of law-enforcement operations.

House Bill 3191 requires that state health facilities obtain a license.

House Bill 3199 removes the requirement that an ectopic pregnancy termination be reported to the state Vital Registration Office

House Bill 3203 updates West Virginia Real Estate License Act. The bill clarifies that a West Virginia license is required to practice real estate brokerage in the state, even if licensed in another state. It requires that money received by the commission be deposited daily and not once a month. The bill amends the experience requirement for licensure as a broker, adopting a requirement of involvement in a specific number of closed transactions instead of a two-year apprenticeship.

House Bill 3210 restricts the use of, refilling of, or working upon a liquefied petroleum gas container without the consent of the tank owner.

House Bill 3211 provides optional retirement service credit for municipal police and firefighters via accrued annual or sick leave days. Upon retirement, a member of the Municipal Police Officer and Firefighter Retirement System can convert any accrued leave (annual or sick leave) into days of service on a 2:1 basis. A month of service equals 20 workdays. If the remainder after the application is more than 10, another month is added, and anything fewer is dropped.

House Bill 3214 creates the Road Optimization and Assessment Data (ROAD) Pilot Program in Monongalia and Preston counties, which is to be implemented by the Commissioner of Highways. Advanced methods of assessing the condition and maintenance needs of West Virginia roads will be used at least twice over five years to compare the changes in road conditions. At the conclusion of year two, year four, and the termination of the pilot program, the Division of Highways would be required to report to the Joint Legislative Oversight Commission on Department of Transportation Accountability. The report must include an identification of the technologies used and any improvements in road maintenance and pavement management processes that may be realized.

House Bill 3215 provides flexibility in timelines to allow planning commissions to promptly address applications. The bill addresses difficulties with finding qualified members for public boards and modifies the frequency of planning commission meetings. The bill addresses the jurisdiction of the planning commission and provides for flexibility in qualifications for county boards of zoning appeals and modifies the frequency of board of zoning appeals meetings.

House Bill 3218 requires all public schools serving grades 6-12 and public or private institutions of higher learning that issue identification cards to print on either side of the identification cards the information for the Suicide and Crisis Lifeline and the Crisis Text line.

House Bill 3224 adds WV Junior College to the list of eligible institutions that may accept the PROMISE Scholarship.

House Bill 3233 increases the officer uniform allowance from $100 to $750 and creates an allowance for maternity and specialty uniform allowance. An officer requiring a maternity or specialty uniform may request an allowance for or reimbursement of the cost of the uniform. Maternity uniform allowances may be requested once in a 36-month period.

House Bill 3244 requires the municipal pensions oversight board to create legislative rules for certain municipalities to issue pension funding revenue bonds.

House Bill 3261 states that provisional social workers who are laid off or ill during the four-year provisional licensure period may request the West Virginia Board of Social Work allow a reasonable interruption in service and allow additional time to complete the licensure requirements.

House Bill 3265 mandates that a county office shall owe the respective fee for service to the law enforcement agency that carried out the service of process.

House Bill 3270 limits non-economic damages to whichever is higher: $500,000 per person or two times the economic damages in a case. Claims for lung damage in workplace settings have a higher burden of proof applied.

House Bill 3271 mandates audio recordings in bathrooms adjacent to special education classrooms.

House Bill 3272, the Private Trust Company Act, allows for the formation and operation of licensed and unlicensed private trust companies under West Virginia law. The bill states the State Auditor would ensure that an unlicensed private trust company only engages in fiduciary services with family trusts, not the public. If the private trust is licensed, then the State Auditor would be responsible for regulating, supervising, and examining the company.

House Bill 3286 provides for an additional modification decreasing federal taxable income and net liability under apportionment. The bill would allow additional modifications decreasing federal taxable income for Corporation Net Income tax purposes to publicly traded companies. The decreasing modification would be spread out over 10 years.

House Bill 3299 allows the board of the Natural Resource Police Officer Retirement System to receive gifts and additional contributions to supplement the plan. The remainder of the bill relates to members of the NRPORS. DNR Officers rehired between January 2, 2021 and June 30, 2026, may request in writing within two years of first becoming a member of NRPORS to transfer all their PERS service to NRPORS regardless of whether the service was earned as a DNR officer in PERS. Certified law enforcement officers in PERS that become employed as a DNR officer between January 2, 2021, and June 30, 2026, may request in writing within two years of first becoming a member of NRPORS to transfer up to three years of PERS service to NRPORS, provided the service is as a certified law enforcement officer in PERS. A DNR officer employed prior to January 2, 2021 and rehired as a DNR officer on or after July 1, 2026 may request in writing within one year of first becoming a member of NRPORS to transfer all PERS service as a DNR officer to NRPORS.

House Bill 3302, Liam’s Law, clarifies that an embryo or fetus is a distinct unborn victim of DUI causing death and serious bodily injury. The bill sets penalties: (1) causing the death of any person including embryo or fetus – felony, 3 to 15 years imprisoned, fined $1,000 to $5,000, and license revoked and (2) causing serious injury to any person including embryo or fetus – felony, 2 to 10 years imprisoned, fined $1,000 to $3,000, and license revoked.

House Bill 3303 requires the Governor to appoint and set the salary for the director of the Office of Coalfield Community Development. The initial appointment will be made by July 1, 2026. Appropriations will be made by the legislature to the Office. The bill requires the director to report to the Legislative Energy and Finance Committees.

In Case You Missed It… Completed Legislation Part One

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 86 House Bills, which completed the legislative process:

House Bill 2002 increases the nonfamily adoption tax credit from $4,000 to $5,000. The bill also provides for early intervention services for adopted children; including, Right From the Start, Drug-Free Moms and Babies, and Birth to Three.” The bill also establishes the WV Mothers and Babies Pregnancy Support Program under the Bureau for Public Health.

House Bill 2004 creates the Second Amendment Financial Privacy Act, which prohibits the disclosure of customers’ protected financial information relating to firearm purchases to a government entity.

House Bill 2005 establishes a dual enrollment pilot program to be administered by the HEPC and the CCTCE with the State Board of Education. The four-year program shall offer dual enrollment courses for individual career pathways in direct care health professions, IT, STEM, education, advanced manufacturing, welding and fabrication, construction, and agriculture.

House Bill 2006 reorganizes the Department of Health and Human Resources into three departments: the Department of Health, the Department of Human Services, and the Department of Health Facilities. The three departments will be served by one Office of Share Administration for administrative services, human resources, finances, and information technology.

The Department of Health will oversee the Bureau for Public Health, Office of Emergency Medical Services, Office of the Chief Medical Examiner, Center for Threat Preparedness, Health Care Authority, and Office of the Inspector General -which oversees OHFLC, the Board of Review, the Foster Care Ombudsman, the Olmstead Office, Investigations and Fraud Management, Quality Control, the Mental Health Ombudsman, WV Clearance for Access: Registry and Employment Screening and Human Rights Commission. The bill also gives the Inspector General more autonomy.

The Department of Human Services will oversee the Bureau for Social Services, Bureau for Medical Services, Bureau for Child Support Enforcement, Bureau for Family Assistance, and Bureau for Behavioral Health.

The Department of Health Facilities will oversee all DHHR-owned hospitals, including Hopemont Hospital, Jackie Withrow Hospital, John Manchin Sr. Health Care Center, Lakin Hospital, Mildred Mitchell-Bateman Hospital, Welch Community Hospital, and William R. Sharpe Jr. Hospital.

House Bill 2007 prohibits irreversible gender reassignment surgery and gender-altering medication for minors. The bill provides an exemption for very limited use of gender-altering medication for adolescence diagnosed with severe gender dysphoria.

House Bill 2008 requires local entities to enforce immigration laws. The bill prohibits state and local entities from adopting laws, rules, or ordinances that would restrict compliance with federal immigration laws or immigration officials. The bill states that a non-compliant elected official may be removed from office for neglect of duty and malfeasance in office.

House Bill 2016 requires electronic access to information needed to perform an adoption for child-placing agencies. The bill allows for child placing agencies to disclose confidential information to other child placing agencies or residential childcare and treatment facilities when making referrals or providing services on behave of the child.

House Bill 2018 permits the managed care case coordinator to participate in the multidisciplinary treatment planning process.

House Bill 2024 is the Budget bill for the 2024 fiscal year. The General Revenue Fund total is $4,874,575,878. The State Road Fund total is $1,697,782,874. The Special Revenue is $2,071,416,872. The Lottery (Revenue) Net Profits are $144,077,498. The State Excess Lottery Revenue Fund total is $334,670,790. The Federal Funds total is $9,443,163,508. The Block Grants total is $831,899,732. The General Revenue Surplus is $1,165,478,000. For more on the budget, click here.

House Bill 2026 allows additional opportunities for municipal police officers or firefighters to transfer into the Municipal Police Officers and Firefighters Retirement System.

House Bill 2029 repeals the all-payer claims database.

House Bill 2062 modifies e-bike regulations to be in line with federal law. The bill defines three classes of e-bikes. The bill permits Class 2 to use throttles. It allows all three classes to be operated where traditional non-electric bicycles are allowed.

House Bill 2218 creates the Electronically Distracted Driving Act. The bill states that no person may hold or support a wireless communication device; send or read text or other typed communications; make phone calls; watch videos; record videos; play games; or search websites while operating a vehicle. The bill does provide exceptions for wearing smartwatches and hands-free communications. The bill sets penalties for violating the law: a first offense is a fine of up to $100; a second offense in 24 months is a fine of up to $200; and a third or subsequent offense within 24 months is a fine of up to $350, 3 points on the driver’s record and possible 90-day driver’s license suspension. Any driver who violates this section and causes serious injury to another person is guilty of a misdemeanor and may be penalized with a fine of $500 to $1,000 and/or 120 days in jail. The driver shall have his or her license revoked for one year. Any driver who violates this section and causes death to another person is guilty of negligent homicide and shall be punished accordingly.

House Bill 2221 expands the exemption of life insurance proceeds paid out to a bankruptcy debtor. The bill also updates the monetary amounts of several exemptions which have not been adjusted to account for inflation since 1996.

House Bill 2283 clarifies the allowable expenditures for fire departments receiving distributions from the Municipal Pensions and Fire Protection Fund or the Fire Protection Fund. The bill authorizes the use of funding for accident and sickness insurance premiums to cover individual members of a volunteer or part-volunteer fire company; umbrella insurance premiums so long as life insurance and property/casualty insurance are part of any umbrella policy; food, bottled water, and food-related items, such as disposable plates and utensils, to provide necessary meals and water to a fire company when responding to an emergency; and the purchase of land when such purchase increases effectiveness and efficiency. The bill restricts the use of funds for filing fees. The bill also requires all fire companies to have a dedicated bank account for all state funds received.

House Bill 2309 requires the Division of Forestry to create and maintain an online renewal application form for the Managed Timberland Program.

House Bill 2310 authorizes the DMV to develop an antique fleet plate program that allows owners of five or more antique vehicles to use a single registration plate on multiple antique vehicles. The annual registration fee for an antique fleet plate is $2 a year per registered antique vehicle. It is valid for one year and must be renewed annually. The bill also changes the vehicle inspection requirements to once every two years beginning January 1, 2024. The bill increases the sticker fee from $3 to $6 and the inspection fee for not more than $19.

House Bill 2346 declares a shortage of substitute bus operators. The bill authorizes retired bus operators to serve as substitute bus operators in areas of critical shortage without affecting the monthly retirement benefit.

House Bill 2380 closes the School Building Capital Improvements Fund and transfers that money, if any, to the School Construction Fund. The bill requires the School Building Authority to request the Governor to include an amount equal to $24,000,000 in each budget bill as an appropriation to the agency’s General Revenue Fund which is to be transferred to the School Construction Fund. The bill also strikes obsolete language throughout this section of code.

House Bill 2412 declares November 14 every year a special memorial day in remembrance of the Marshall University airplane crash and the 75 persons lost in the crash. The day is to be known as “Marshall University 75 Memorial Day.”

House Bill 2436 requires each healthcare facility to develop an acuity-based patient classification system by July 2, 2024, to be used to establish a staffing plan for each unit. The bill also prohibits an insurer from imposing a copayment, for services rendered by a licensed occupational therapist, licensed occupational therapist assistant, licensed speech-language pathologist, licensed speech-language pathologist assistant, licensed physical therapist, or a licensed physical therapist assistant, that is more than a copayment imposed for the services of a primary care physician or an osteopathic physician.

House Bill 2506 authorizes the DMV to create and regulate a title clearinghouse for nonresident businesses.

House Bill 2509 creates the Uniform Premarital Agreement Act, which provides that a premarital agreement (1) must be in writing, (2) signed by both parties and (3) contain an acknowledgment that both parties have had an opportunity to consult with separate legal counsel. Parties are permitted to contract regarding (1) property rights including the disposition of property upon the dissolution of marriage or death; (2) the modification/elimination of spousal support; (3) the making of a will/trust to carry out the terms of the premarital agreement; (4) ownership rights and disposition of death benefits from life insurance proceeds; (5) choice of law governing construction; and (6) any other matter not in violation of public policy or statute.
The Act further prohibits any agreement whereby the right of a child to support is adversely affected.

After marriage, the agreement can be amended or revoked only if it is in writing and signed by both parties. A premarital agreement may not be enforced against a party if the party contending the agreement is unenforceable proves that: (1) he or she did not execute the agreement voluntarily; (2) either party was under the age of 18; and (3) the agreement was unconscionable when executed and before the execution of the agreement if: the party did not receive adequate financial disclosures, did not voluntary and expressly waive, in writing, any right to disclosure of the property or financial obligation beyond what was provided, or did not know and could not have known of the property or obligations.

The court may refuse to enforce a term of the premarital agreement that (1) is unconscionable at the time of signing or (2) would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed (3) adversely affects a child’s right to support or (4) limits or restricts a remedy available to a victor of domestic violence.

House Bill 2515 requires the Bureau for Family Assistance, the HEPC, and Workforce WV to develop and maintain an inventory of available services and supports for individuals qualified to receive federal, federal-state, and state assistance and wish to obtain a degree, secure workforce training, or reenter the workforce. The bill requires the agencies to maintain a document of the services on their websites and distribute the document as needed. The bill also eliminates the HEPC authority to restrict or regulate the carry of concealed pistols or revolvers by a person who holds a current and valid license to conceal carry as of July 1, 2024.

House Bill 2526 reduces personal income taxes in all tax brackets by 21.25 percent effective retroactively to January 1, 2023. There is also a provision that would trigger future personal income tax reductions when the total general revenue of the immediately preceding fiscal year is more than the inflation-adjusted base year revenues. The current base year revenue is from 2019 and the collections were $4,756,335,854. An annual report is required to be sent to the Joint Committee on Government and Finance.

The bill also creates a 100% refundable tax credit for personal property taxes paid on the vehicle. This credit may be claimed against personal income tax and corporation net tax. Disabled veterans may also receive a refundable tax credit against personal income taxes for real property taxes on a homestead used for residential purposes.

The bill added a small business credit to allow a 50% refundable tax credit against personal income tax or corporate net income tax for property taxes due and timely paid.

All tax credits are effective January 1, 2024.

House Bill 2530 extends the expiration of temporary registration plates from 60 days to 90 days.

House Bill 2533 makes permanent windshield placards valid for the duration of the applicant’s life.

House Bill 2540 creates the Travel Insurance Model Act, which creates a comprehensive legal framework within which travel insurance may be sold.

House Bill 2564 repeals administrative hearing procedures for DUI offenses.

House Bill 2569 creates the Motorsports Responsibility Act, which establishes that a participant is liable for injury, loss, or damage resulting from violations of the duties established in the Act if those violations caused the suffering of the injury, loss, or damage. The bill clarifies the participants’ liability provision that motorsports are typically a “no-fault” activity when it comes to incidents between participants and a participant is liable for negligent and/or intentional violations. The bill allows the Department of Economic Development to create rules for safety requirements.

House Bill 2587 requires that property tax receipts separately state the amount of the tax that is paid for various levies. The bill also requires the name of the officer receiving the payment to be included.

House Bill 2596 permits any eligible resident student to apply for enrollment in any school with grade level capacity and existing programs and services currently outside any established attendance zone in which the student resides. It allows, upon written request of any parent or guardian, the superintendent to grant a resident student’s transfer request from one school or program to another within the county as long as requirements are met. The bill also requires that the open enrollment policy county boards are required to establish an open enrollment process and enrollment application period for nonresident students to enroll in any school within the district. The process for applying is to be publicized to parents and the public, including dates and timelines and shall be made available on the board’s website.

House Bill 2597 requires that employee evaluations for teachers, principals, and assistant principals indicating any area, quality, skill, or level of performance that is less than accomplished, provide an explanation and data to support the evaluation.

House Bill 2602 corrects an error in code from the passage of HB 4829 in 2022 and adds back special teaching assistants Aide V and Aide VI to the class titles of service personnel of the state minimum pay scale and class titles.

House Bill 2605 provides that trained persons or an entity who in good faith render or provide emergency care or assistance to a person at the scene of an accident, emergency, or disaster, voluntarily and without remuneration, are not liable for civil damages for acts or omissions at the scene.

House Bill 2607 clarifies certified county board employees drive students in county board-owned and insured vehicles to school-sponsored activities or when students are transported to school-sponsored activities in a county board-owned or leased vehicle that doesn’t meet school bus or public transit ratings, vehicles with a capacity larger than 10 passengers can be used, but the number of passengers that can be transported is limited to no more than 10 at any one time.

House Bill 2611 repeals the requirement that all mobile facilities and messenger services by financial institutions be confined to the territorial boundaries of the county in which an office of these financial institutions is located or within 30 (for mobile facilities) or 50 miles (for messenger services) of an office of such financial institution.

House Bill 2621 ends the practice of bail bondsmen using real estate as the collateral pledged by bondsmen. It also imposes a testing regime for both existing bondsmen and future individuals who apply for a bondsman license.

House Bill 2638 authorizes the Department of Administration to create legislative rules relating to purchasing and parking.

House Bill 2640 authorizes the Department of Environmental Protection to create legislative rules relating to standards of performance for new stationary sources, requirements for operating permits, emission standards for hazardous air pollutants, control of ozone season nitrogen oxides emissions, quarrying and reclamation, the Recycling Assistance Grant Program, and the Reclamation of Abandoned and Dilapidated Properties Grant Program.

House Bill 2648 authorizes the Department of Health and Human Resources to create and amend legislative rule relating to food establishments, procedures pertaining to the Dangerousness Assessment Advisory Board, standards for local boards of health, medical examiner requirements for postmortem inquiries, Medical Cannabis Program – grower and processors, Medical Cannabis Program – dispensaries, financial disclosures, the Uniform Bill Database, development of methodologies to examine needs for substance use disorder treatment facilities within the state, the Core Behavioral Health Crisis Services System, child care centers licensing, minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults and vulnerable and transitioning youth group homes and programs in West Virginia, family child care facility licensing requirements, informal and relative family child care home registration requirements, informal and relative family child care home registration requirements, out-of-school-time child care center licensing requirements, goals for foster children, and head start child care center licenses.

House Bill 2754 permits a pharmacy technician to administer influenza and pneumonia immunizations to adults. The bill also removes the need for a physician’s prescription for CDC-recommended immunizations for children and lowers the age range for whom immunization may be administered to ages 3-17.

House Bill 2757 expands the WV Grants Program to allow not-for-profit hospital-based allied health programs authorized by the West Virginia Council for Community and Technical College Education and not-for-profit private baccalaureate institutions to be eligible for funding.

House Bill 2759 allows for the tax rate on the gross receipts of acute care hospitals to be increased at a range to be calculated by the WV Bureau for Medical Services using the maximum rate allowed by the Center for Medicare and Medicaid Services.

House Bill 2760 allows a firefighter to drive an ambulance in a situation where the EMTs or paramedics on the scene cannot do so because they are needed to administer patient care. The firefighter must have completed an Emergency Vehicle Operations Course (EVOC) and be covered by an MOU or other agreement between the fire department and the emergency medical service provider.

House Bill 2762 requires buildings that house emergency services to have approved automatic sprinkler systems throughout but includes an exception for emergency services buildings that house only equipment, are less than 5,000 square feet, and do not have designated sleeping quarters.

House Bill 2776 updates the West Virginia personal income tax to make it conform to the federal tax code.

House Bill 2777 updates the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.

House Bill 2800 provides the HEPC and the CCTCE authority to create legislative rules for performance-Based Funding Formula, Capital Project Management, Tuition and Fee Policy, Higher Education Grant Program/Workforce Development Initiative Grant Programs, Annual Reauthorization of Degree-Granting Institutions, and Human Resources Administration.

House Bill 2814 creates the Hydrogen Power Task Force. The task force will study the hydrogen energy in WV’s economy. The task force will consist of the following members appointed by the Governor: (1) A representative from a regulated electric utility company; (2) A representative from the fossil fuel energy industry; (3) A representative from the manufacturing industry with experience in hydrogen technology; (4) A representative from environmental organizations who advocates for renewable energy; Other members will be: the Chairperson of the Public Service Commission or a designee; the Secretary of the Department of Environmental Protection or a designee; the Secretary of the Department of Economic Development or a designee; the Secretary of Commerce or a designee, and a representative from higher education.

House Bill 2817 removes PSC jurisdiction over persons or entities generating electricity for retail sale for alternative fuel vehicles at temporary charging locations using movable generators.

House Bill 2820 adds participants in the Hope Scholarship Program, micro-schools, and learning parts to students eligible to participate in SSAC events or activities. The bill also added that private school students are not eligible to play on a public school team if the sport is offered at the private school. The bill requires the SSAC to allow students in grades 9 through 12 to transfer one time without losing athletic eligibility.

House Bill 2821 allows for a decreasing modification against a West Virginia taxpayer’s federal adjusted gross income in the amount of West Virginia gaming and gambling losses allowable as an itemized deduction under the United States Internal Revenue Code, not to exceed the amount of West Virginia gaming and gambling winnings, for the taxable year.

House Bill 2827 makes public charter schools eligible for Safe Schools Funds.

House Bill 2835 repeals an outdated section of code relating to WV graduate college and Marshall University.

House Bill 2839 corrects the fund name for Acid Mine Drainage Abatement and Treatment Fund and clarifies the code relating to the benefits of removal of rare earth minerals for the waters of the state.

House Bill 2845 repeals outdated code relating to uninsured and underinsured pilot programs.

House Bill 2848 modifies the requirements for out-of-state wastewater operators to obtain a WV license. The requirements are (1) offered or accepted employment within the state, (2) apply to be approved by the Public Health commissioner, (3) meet educational and experience requirements, and (4) provide evidence of exam passage from other states.

House Bill 2860 defines Aqueous Film Forming Foam (AFFF) and requires the State Fire Commission to develop a method to dispose of used or accumulated AFFF and other Class B fire-fighting foams.

House Bill 2862 provides a standard of care for shareholder voting that applies to both the West Virginia Board of Treasury Investments and the West Virginia Investment Management Board. The legislation requires that all shareholder votes that the BTI and IMB are authorized to cast or entrust to a fiduciary, are cast solely in the pecuniary interests of the underlying fund’s beneficiaries. The Boards are expressly prohibited from casting, or permitting a fiduciary to cast, any shareholder vote to further non-pecuniary interests. The bill prohibits the Boards from casting shareholder votes according to the recommendation of a proxy advisor unless it is following the standard of care.

House Bill 2865 requires the PSC to annually prepare and provide to the West Virginia Rural Water Association by November 1 each year a list of water and wastewater utilities that appear to be financially unstable by reviewing annual reports, rate case filings, and other financial data available to it. The bill also changes the process for filing a petition with the PSC, requiring all the factual data supporting the justification for the utility to be considered a distressed or failing utility available to be included.

House Bill 2870 updates a code reference relating to siting certificates for electric generating facilities.

House Bill 2875 allows circuit court judges to waive the home study requirement in grandparent adoption cases.

House Bill 2882, a supplementary appropriation, allocates to the Department of Economic Development $115 million with $105 million going to the Economic Development Project Fund and $10 million going to the Broadband Development Fund.

House Bill 2883, a supplementary appropriation, allocates $685 million from the Coronavirus State Fiscal Recovery Fund to the Department of Economic Development – $5 million for site-ready projects, to the Economic Development Authority – $482 million, to the Reclamation of Abandoned and Dilapidated Property Program Fund -$20 million, to the Water Development Authority – $177 million, and to Marshall University – $1 million.

House Bill 2890 provides that when a teacher determines that the behavior of a 6th through 12th-grade student is disorderly conduct, interfering with an orderly educational process, or disruptive to the classroom, the student must be excluded from the classroom and may not re-enter that teacher’s classroom for the remainder of the instructional day. The bill requires the principal to communicate with the teacher about the exclusion within 24 hours of the student being removed from the classroom. The bill also does not allow for the principal to immediately remove the student when the behavior is considered a personality clash.

House Bill 2899 repeals a section of code relating to suspending gas utility rate increases during 1983.

House Bill 2900 allows the retired individual of the Deputy Sheriff Retirement System to go back to work as a deputy sheriff and continue to receive retirement benefits as long as the retired individual has been separated from employment for 60 days, is not a disability retired individual , is still certified, and the county has less than five deputies and has been unable to recruit additional deputy sheriffs.

The House Adjourns Sine Die

During the final floor session of the first regular session of the 86th Legislature, the House reconsidered action on House Bill 3035. The House concurred with additional amendments to House Bill 3035 and House Bill 3135.

House Bill 3035 provides a statewide multi-tiered system of support and intervention of grade-level literacy and numeracy in grades K through 3. The Senate amended House Bill 3035 removes the provision for students to be at grade level in math by third grade. The amendment also removes the flexibility for counties to phase in the placement of assistant classroom teachers where needed. The amendment also removed the option to use paraprofessionals as teacher assistants.

House Bill 3135 modifies the salaries of the Governor and Constitutional Officers beginning January 1, 2025. The House’s version set the salaries for the Governor at $180,000 and Constitutional Officers at $115,000. The Senate amended House Bill 3135 would set the salaries at the amount paid to certain federal employees pursuant to two different federal employee pay schedules beginning in 2025. The Governor would be paid the rate of Grade 15, Step 10 federal employee. The 2023 salary rate is $177,978. The Constitutional Officers would be paid the rate of Grade 15, Step 4 federal employees. The 2023 salary rate is $129,269. Both salaries are set under the Salary Table For Locality Pay Area of the Rest of the US as published by the US Office of Personnel Management. Salaries cannot change during official terms, therefore salaries will be reevaluated every four years.

The House refused to concur with the Senate amendments on House Bill 3354. The bill authorizes municipalities to combine operations with other municipalities and counties to provide governmental services. The Senate’s amendment removed the Judiciary Committee’s amendment to eliminate the municipality’s ability to regulate gunpowder and combustibles, returning the bill to its introduced version.

The House adopted conference reports on the following:

For House Bill 3302, the Senate will recede from its position and both bodies will recede from their positions on the title of the bill. The bill clarifies that an embryo or fetus is a distinct unborn victim of DUI causing death and serious bodily injury.

House Bill 3261 states that provisional social workers who are laid off or ill during the four-year provisional licensure period may request the West Virginia Board of Social Work allow a reasonable interruption in service and allow additional time to complete the licensure requirements. The bill declares a crisis exists in certain parts of the state due to an absence of child protective services, youth services workers, youth caseworkers, and support staff. In these two judicial circuits, a three-year pilot program will be established.

Senate Bill 617 sets guidelines for submitting reports on cases involving instances of substantiated abuse and neglect involving a person with a developmental disability. The bill also establishes a mental health ombudsman. The bill requires a workforce study of the Intellectual and Development Disabilities Waiver Program.

The House is Adjourned Sine Die.