In the morning floor session, the House concurred to complete legislative action on 12 bills, including House Bill 2024, Budget Bill.

The House and Senate worked to create a compromise within this version of the Budget bill.

The Budget is as follows (Department totals for agencies within):

• General Revenue Fund: $4,874,575,878
  • Legislative: $26,096,694
  • Judicial: $154,434,197
  • Executive-Governor’s Office: $15,587,257
  • Executive-Auditor’s Office: $2,572,504
  • Executive-Treasurer’s Office: $3,576,928
  • Executive-Department of Agriculture: $25,986,360
  • Executive-Attorney General: $5,498,194
  • Executive-Secretary of State: $943,230
  • Executive-State Election Commission: $7,508
  • Department of Administration: $159,876,559
  • Department of Commerce: $71,198,264
  • Department of Tourism: $7,000,000
  • Department of Economic Development: $27,765,437
  • Department of Education: $2,143,786,002
  • Department of Arts, Culture, and History: $10,85,736
  • Department of Environmental Protection: $6,951,337
  • Department of Health and Human Resources: $1,168,998,848
  • Department of Homeland Security: $499,400,063
  • Department of Revenue: $33,600,402
  • Department of Transportation: $6,920,273
  • Department of Veterans’ Assistance: $15,390,044
  • Bureau of Senior Services: $10,839,825
  • West Virginia Council for CTCE: $15,818,561
  • Mountwest: $6,903,571
  • New River: $6,302,132
  • Pierpont: $8,370,981
  • Blue Ridge: $8,416,425
  • WVU-Parkersburg: $11,193,778
  • Southern WV: $8,849,656
  • WV Northern: $7,818,075
  • Eastern WV: $2,349,856
  • BridgeValley: $8,629,476
  • Higher Education Policy Commission: $80,386,809
  • WVU Med School: $21,969,395
  • WVU: $116,472,069
  • Marshall Med School: $9,174,072
  • Marshall University: $54,114,147
  • WV School of Osteopathic Medicine: $6,135,938
  • Bluefield State: $6,855,771
  • Concord University: $11,170,362
  • Fairmont State: $19,961,302
  • Glenville State University: $7,071,784
  • Shepherd University: $13,374,828
  • West Liberty: $9,964,386
  • WV State: $16,850,600 
  • Adjutant General: $18,426,645
• State Road Fund: $1,697,782,874
• Special Revenue: $2,071,416,872
• Lottery (Revenue) Net Profits: $144,077,498
• State Excess Lottery Revenue Fund: $334,670,790
• Federal Funds: $9,443,163,508
• Block Grants: $831,899,732
• General Revenue Surplus: $1,165,478,000

The House rejected Senate Bill 147 today. The bill would have created a pilot program for recovery residences located in Cabell County to study the uniqueness of recovery residences as they relate to landlord-tenant law and determine an equitable resolution when circumstances arise which bring about an unanticipated cessation of an individual’s participation in a recovery residence’s program. The bill failed with 43 in favor and 52 opposed.

The House is in recess until 2:30 p.m.

The Rules Committee will meet at 2:15 p.m. behind the Chamber.

During this morning’s floor session, the House refused to concur on two Senate-amended House Bills, concurred to complete legislative action on eight Senate-amended bills, adopted 14 resolutions, and passed all 18 bills on third reading.

The House refused to concur with Senate amendments on House Bill 3261 and House Bill 3302.

House Bill 3261 allows for an extension for provisional social work licenses to complete requirements to become fully licensed if the individual loses their employment during a force reduction or is unable to work due to medical reasons.

The Senate amended bill adds a new section of code to allow the Bureau of Social Services to employ individuals who are not registered as social workers as CPS workers, youth services workers, case managers, and clerical staff in areas where social work vacancies have reached over 25% of the allocation. The requirements provided are: (1) Must be 18; (2) Must have an associates degree in social work or a related field or be a retired law enforcement officer; (3) have three letters of recommendation; (4) Not be an alcohol or drug abuser; and (5) Satisfy requirements in the WV Clearance for Access Registry and Employment Screening Act.

The House voted to refuse to concur with a voice vote. House Bill 3261 heads back to the Senate.

House Bill 3302 recognizes an embryo or fetus as a distinct unborn victim for the offenses of DUI causing death and DUI causing serious bodily injury.

The Senate amendment removed the recognition of an embryo or fetus as a distinct unborn victim of a crime of DUI causing serious bodily injury. The House Judiciary Committee had amended this into the bill prior to passage. Members felt strongly about having both causing death and causing serious bodily injury in the bill.

The House refused to concur with a vote of 34 to 60. The bill heads back to the Senate.

Senate Bill 559 amends the law relating to spousal privilege. The House amended the bill by adding that the law only extends to valid marriages. The amended version also adds exceptions for (1) offenses committed against the spouse, child, mother, father, sister, or brother; (2) forgery; (3) crimes committed together; (4) crimes against an infant or minor; or (5) crimes against an individual who is mentally incompetent.

Senate Bill 613 removes birthing centers from the list of health services that require a certificate of need to begin operation. The bill also increases the expenditure minimum to $100 million for health facilities. The bill defines “campus” regarding health facilities. The bill allows private office practices to offer lab services and MRIs.

Senate Bill 667 just barely passed the House with a vote of 49 in favor and 43 opposed. The bill requires performance audits of the WVSSAC. The bill requires the Legislative Auditor to examine the revenue, expenditures, and performance of the commission. The initial performance audit shall be completed by December 1, 2023, and provided to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability.

Opponents of the bill stated that the WVSSAC is a private organization already subject to financial audits from the State Auditor and felt this bill is creating duplicative audits.

The House will hear and amend bills on second reading after the recess.

The House is in recess until 3:30 p.m.

Committee Meetings, Today

• The Committee on Health and Human Resources will meet immediately following the floor session.
• The Rules Committee will meet at 3:15 p.m. behind the House Chamber.

The House reconvened this afternoon to finish reading the 54 bills on second reading of the agenda. Senate Bill 187, Senate Bill 220, Senate Bill 258, Senate Bill 361, Senate Bill 523, Senate Bill 534, Senate Bill 548, Senate Bill 573, Senate Bill 735, and Senate Bill 740 advanced to third with the general right to amend. Amendments were offered on several bills, including:

Senate Bill 232 creates a multi disciplinary study group to make recommendations regarding persons with mental illness, developmental disabilities, cognitive disabilities and/or substance abuse problems away from the criminal justice system and into community-based treatment and other settings.

Senate Bill 546 states that unless expressly exempted by law, all delta tetrahydrocannabinols are schedule I. The bill also declares that the provisions of the bill are not applicable to products lawfully manufacture, distributed, or possessed pursuant to the Industrial Hemp Development Act and the Medical Cannabis Act. An amendment was offered and rejected to remove Cannabis products from Schedule I, as drugs listed in Schedule I have no medial purpose. However, with the passage of the Medical Cannabis Act, it’s stated that cannabis does have a medical purpose.

Senate Bill 617 outlines data required for the Intellectual and Development Disabilities Waiver Program workforce study. The bill requires recommendations for hourly pay and an annual review. The Health and Human Resources Committee amendment adds language from a House Bill relating to the regulation of behavioral health centers.

House Bill 2883 transfers money from the Coronavirus State Fiscal Recovery Fund to the Department of Economic Development, the Economic Development Authority, the Reclamation of Abandoned and Dilapidated Property Program Fun, and the Water Development Fund. Two competing amendments were offered on the bill and both were rejected. The first amendment would have allocated the money to PEIA, the Divisions of Corrections and Rehabilitation, and the Local Economic Development Assistance fund. The second amendment would have allocated more funding to the Water Development Authority and less to the Economic Development Authority.  Th only amendment adopted was to fix a typo in the funding numbers.

The House is adjourned until tomorrow, March 10 at 9:30 a.m.

Committee Meetings, tomorrow, March 10

• The Rules Committee will meet at 9:15 a.m. behind the House Chamber.

During today’s House floor meeting, the body concurred to complete legislative action on five bills, including:

House Bill 2569 establishes the Motorsport Responsibility Act.

House Bill 2917 allows retired state employees who meet qualifications to be employed as CPS or APS workers without having retirement annuity payment suspended and without reentering the retirement system as contributing members.

House Bill 3211 provides optional retirement service credit for municipal police and firefighters via accrued annual or sick leave days.

House Bill 3337 limits the number of substance abuse treatment beds to 250 per county.

The House also passed 19 of the 20 bills on third reading. Senate Bill 613 was postponed one day.

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 457 removes the prohibition of gambling on private club premises.

The Rules Committee met this morning and moved Senate Bill 467 to the (inactive) House Calendar. The Committee also moved Senate Bill 121 and Senate Bill 533 to the Special Calendar.

The House is in recess until 5 p.m.

Committee Meetings, Today

• The Judiciary Committee will meet at 2 p.m. in Room 410.
• The Health and Human Resources Committee will meet at 2:15 p.m. in Room 215E.
• The Rules Committee will meet at 4:45 p.m. behind the House Chamber.

The House reconvened this evening to finish the calendar and receive messages.

Committee meetings, Tomorrow

• The Health and Human Resources Committee will meet at 9 a.m. in Room 215E.
• The Rules Committee will meet at 10:45 p.m. behind the House Chamber.

The House briefly convened this morning. During Senate messages, the House concurred to complete legislative action on House Bills 3013, 3114, 3444, and 3448.

House Bill 3013 authorizes the Jefferson County Commission to levy a special district excise tax for the benefit of the Hill Top House Hotel Economic Opportunity District. The bill also allows the Commission to create the district and levy the special district excise tax without the approval of the executive director of the development office. The Commission can 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. The Senate amended the bill to continue the University Town Centre Economic Opportunity Development District in Monongalia County through 2053.

House Bill 3114 requires the denial of severance pay to probationary employees of the Department of Transportation who are terminated for failing or refusing to submit to drug or alcohol screens.

House Bill 3444 adds the Cabinet Secretary of Economic Development or a designee to the West Virginia Semiquincentennial Commission.

House Bill 3448 allows the Administrative Director of the Supreme Court of Appeals to hire field training probation officers to provide uniform training to new and current probation officers.

The House passed three of the four bills up for passage. Senate Bill 613 was postponed another day.

Senate Bill 51 requires in instances where an impact statement is required, a county board of education to give the impact statement substantial weight when deciding on any proposal to close or consolidate a school. The bill requires a State Board of Education rule detailing information that a county board is required to include as part of its impact statement.

Senate Bill 267 requires prior authorization forms to be submitted to insurance agencies via an electronic portal.

Senate Bill 479 states that the Bureau for Medical Services is exempt from the requirements of the Purchasing Division for managed care contracts.

The House is in recess until 5 p.m.

Committee Meetings, Today

• The Committee on Technology and Infrastructure will meet at 2 p.m. in Room 432.
• The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
• The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.
• The Finance Committee will meet at 3 p.m. in Room 460.
• The Judiciary Committee will meet at 3 p.m. in Room 410.

The House reconvened to take up the remainder of their agenda.

Committee meetings this evening

• The Finance Committee will meet at 6 p.m. in Room 460.
• The Judiciary Committee will meet at 6 p.m. in Room 410.

Committee Meetings, tomorrow, March 8 

• The House Judiciary Committee will meet at 9 a.m. in 410M.
• The Rules Committee will meet at 10:45 a.m. behind the House Chamber.

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

During today’s floor session, the House refused to concur with the Senate on Senate Bill 243.

The bill states that substance abuse facilities must offer transportation to individuals upon discharge to their birth state, the state they’ve previously lived in, or a state where they have a family support structure.

The Senate amended version states that providers are solely responsible for the patient’s out-of-state transportation costs.

With the House refusing to concur, Senate Bill 243 heads back to the Senate.

Of the 21 bills up for passage today, 19 passed and two were postponed. Senate Bill 51 and Senate Bill 613 had action postponed one day.

Several bills relating to retirement passed today.

Senate Bill 237 provides a one-time bonus of $1,500 to public employee retirees and retired teachers who are 70 years old and have served at least 20 years.

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

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 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.

The House is in recess until 6 p.m.

• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Education Committee will meet at 2 p.m. in Room 432.
• The Judiciary Committee will meet at 3 p.m. in Room 410.
• The Finance Committee will meet at 3:30 p.m. in Room 460.
• The Rules Committee will meet at 5:45 p.m. behind the House Chamber.

Committee Meetings, tomorrow, March 7

• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Committee on Government Organization will meet at 9 p.m. in Room 215E.
• The Education Committee will meet at 9 p.m. in Room 432.
• The Rules Committee will meet at 10:45 p.m. behind the House Chamber.
• The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 432.
• The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
• The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.
• The Finance Committee will meet at 3 p.m. in Room 460.

The House returned to session at 6:20 p.m. to receive Senate messages and committee reports.

The House is adjourned until tomorrow, March 7 at 11 a.m.

Today’s House floor session was lengthy with major bills up for passage. The calendar was reordered to consider Senate Bill 268, House Bill 2024, Senate Bill 423, and the Senate Message for House Bill 2526 first.

Senate Bill 268 updates PEIA. The bill 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 was amended to include the $35 insulin cost cap as passed yesterday.

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.

The bill requires an Actuarial Study of the financial solvency of PEIA to start by July 1, 2023, and be presented to the Joint Committee on Government and Finance by July 1, 2024.

House Bill 2024 is the Budget Bill. Below is a general breakdown of the budget, which passed the House today. Review the bill in its entirety here. Only one of the amendments offered was adopted. 

• General Revenue Fund: $4,641,892,371
  • Legislative: $26,096,694
  • Judicial: $149,079,448
  • Executive-Governor’s Office: $11,988,272
  • Executive-Auditor’s Office: $2,487,115
  • Executive-Treasurer’s Office: $3,514,380
  • Executive-Department of Agriculture: $25,377,648
  • Executive-Attorney General: $5,203,194
  • Executive-Secretary of State: $943,230
  • Executive-State Election Commission: $7,508
  • Department of Administration: $86,877,676
  • Department of Commerce: $67,703,442
  • Department of Tourism: $7,000,000
  • Department of Economic Development: $12,147,273
  • Department of Education: $2,057,054,456
  • Department of Arts, Culture, and History: $11,357,680
  • Department of Environmental Protection: $6,781,786
  • Department of Health and Human Resources: $1,149,922,442
  • Department of Homeland Security: $490,453,125
  • Department of Revenue: $32,811,468
  • Department of Transportation: $5,249,128
  • Department of Veterans’ Assistance: $12,453,534
  • Bureau of Senior Services: $10,839,825
  • West Virginia Council for CTCE: $16,114,928
  • Mountwest: $6,716,176
  • New River: $6,088,539
  • Pierpont: $8119,152
  • Blue Ridge: $8,139,835
  • WVU-Parkersburg: $10,799,686
  • Southern WV: $8,557,086
  • WV Northern: $7,580,697
  • Eastern WV: $2,264,340
  • BridgeValley: $8,364,587
  • Higher Education Policy Commission: $80,819,475
  • WVU Med School: $21,488,856
  • WVU: $113,398,048
  • Marshall Med School: $8,691,589
  • Marshall University: $51,547,701
  • WV School of Osteopathic Medicine: $5,972,974
  • Bluefield State: $6,648,770
  • Concord University: 10,836,709
  • Fairmont State: $19,273,190
  • Glenville State University: $6,768,535
  • Shepherd University: $13,026,830
  • West Liberty: $9,552,600
  • WV State: $16,530,290
  • Adjutant General: $18,957,017
• State Road Fund Total: $1,669,496,660
• Special Revenue Fund: $3,980,500
• Lottery Fund: $143,669,012
• Excess Lottery Fund: $334,670,790
• Federal Funding: $9,415,135,878
• Block Grants: $82,535,141

Senate Bill 423 increases annual salaries for teachers and state police officers, administrative support staff, and forensic staff, as well as the monthly salaries of school service personnel.

The following is the breakdown for teachers:

The following is the breakdown for school services personnel:

The following is the breakdown for state police officers:

The following is the breakdown for state police administrative support staff:

The following is the breakdown for state police forensic lab staff:

Additionally, the House concurred with the Senate to complete legislative action on House Bill 2526. After Senate action, House Bill 2526 reduces the personal income tax retroactively to January 1, 2023, as the following:

• Head of Household or Joint Filing
  • Not over $10,000: 2.36% of the taxable income
  • Over $10,000 but not over $25,000: $236 plus 3.15% of the excess over $10,000
  • Over $25,000 but not over $40,000: $708.50 plus 3.54% of the excess over $25,000
  • Over $40,000 but not over $60,000: $1,239.50 plus 4.72% of the excess over $40,000
  • Over $60,000: $2,183.50 plus 5.12% of the excess over $60,000
• Married, but Separate Filing
  • Not over $5,000: 2.36% of the taxable income
  • Over $5,000 but not over $12,500: $118 plus 3.15% of the excess over $5,000
  • Over $12,500 but not over $20,000: $354.25 plus 3.54% of the excess over $12,500
  • Over $20,000 but not over $30,000: $619.75 plus 4.72% of the excess over $20,000
  • Over $30,000: $1,091.75 plus 5.12% of the excess over $30,000

The bill has a provision that would trigger future personal income tax reductions if the total general revenue collection of the preceding fiscal year minus severance tax collection is in excess of the inflation-adjusted base year revenues (FY2019).

The Senate also amended the bill the West Virginia Property Tax Adjustment Act, which creates a 100% refundable tax credit for ad valorem personal property taxes paid for a motor vehicle. This credit may be claimed against personal income tax and corporation net tax. Disabled veterans may also receive a refundable tax credit against their personal income taxes for real property taxes on a homestead used for residential purposes.  

The Senate amendment to House Bill 2526 also added a small business credit to allow a 50% refundable tax credit against personal income tax or corporate net income tax for ad valorem property tax due and owing and timely paid. A small business is defined as a business with personal property located in West Virginia with an aggregate appraised value of $1,000,000 or less. An exclusion stated that a small business does not include a person holding an interest in any oil, natural gas, or natural gas liquid.

Committee Meetings, Monday, March 6

• The Education Committee will meet at 9 a.m. in Room 432.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Finance Committee will meet at 3 p.m. in Room 460.

The House is adjourned until Monday, March 6 at 11 a.m.