Sunday, June 1, 2025
Sunday, June 1, 2025
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House Amends Two Bills in Friday Floor Session

Today, the House amended two bills and postponed action on three.

House Bills 89 and 3215 were amended.

House Bill 89 requires hospitals to have on-call, available healthcare providers to conduct sexual assault forensic examinations and to collect sexual assault forensic examination kits. The bill requires that the health care providers shall be trained and properly qualified by the Sexual Assault Forensic Examination Commission. The Health and Human Resources committee added a definition for hospitals and included that an expert could be available through telehealth.

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. The first amendment changes the word “encourage” to “Guidelines for” to clarify that guidelines will be in place. The second amendment changes wording back to its introduced version.

Action was delayed on House Bill 2498, House Bill 3340, and House Bill 3408.

The House is adjourned until 11 a.m. on Monday, Feb. 20.

Committee Meetings, Monday, Feb. 20

The Judiciary Committee will host a public hearing Monday, February 20, 2023 at 9 a.m. on HB 3270– To amend the deliberate intent statute to limit noneconomic damages to $250,000.

 

House Education Advances Troops-to-Teachers Program

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The Education Committee met this evening to consider the following.

House Bill 3201 includes electric-powered school buses in the county foundation allowance and increases the allowance by five percent for school bus systems manufactured in West Virginia.

House Bill 2761 allows county boards of education to employ classroom aides as teachers if they have 10 or more years of service and satisfactory evaluation, as long as the aide works to acquire a teaching degree within three years of being employed as a teacher.

House Technology and Infrastructure Advances Consumer Data Protection Act

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House Committee on Technology and Infrastructure met this afternoon.

The Committee heard a presentation from American Water and the DEP about the possible effects of the East Palestine, Ohio train derailment.

House Bill 3498 creates the Consumer Data Protection Act. The bill establishes a framework for controlling and processing personal data in the state. The bill limits the application to all persons that conduct business in the state and either control or process personal data of at least 100,000 consumers or derives over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill delineates responsibilities and privacy protection standards for data controllers and processors. The bill clarifies standards do not apply to state or local governmental entities. The bill provides exceptions for certain types of data and information governed by federal law. The bill provides that consumers have the right to access, correct, delete, obtain a copy of personal data, and opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law.

House Bill 3397 prevents all restrictions on any political subdivision regarding the formation or establishment of any entity which would seek to provide or assist in providing broadband service.

House Bill 3412 modifies certain provisions relating to broadband. The bill adds certain provisions to the administration of the Broadband Development Fund, including regulating the disposal of grant-funded assets. The bill provides for penalties where misrepresentation of eligible telecommunications carrier status occurs.

House Bill 3473 creates a work group to create procedures and policies and a plan for the construction of a database with information necessary for infrastructure maintenance and development. Recommendations must be submitted to the Committee on Technology and Infrastructure by January 1, 2024.

House Bill 2865 clarifies that the Public Service Commission may enter an order requiring corrective measures up to and including an acquisition of a distressed or failing utility. The bill was laid over until the next meeting.

House Passes Amends Definition of Minor

During today’s House floor session sixteen bills were passed including the following.

House Bill 2515 requires the Bureau for Family Assistance with the HEPC and Workforce WV create an inventory of occupation and educational resources for persons wanting to reenter the workforce, obtain a degree, or secure workforce training. The agencies should maintain the list of available resources and assistance from federal, federal-state, and state programs.

House Bill 2820 extends athletic programs to participants in the Hope Scholarship Program and in Microschools and Learning Pods.

House Bill 3190 amends the definition for a minor to a person less than or supposed to be less than 18 years of age. It states any person over 18 years of age who solicits, entices, seduces, or lures or attempt to solicit, entice, seduce or lure a known or believe minor at least four years younger than the adult to engage in illegal acts is guilty of a felony and shall be fined up to $5,000 and imprisoned for two to ten years. It also states that if the individual engages in any act that in which he or she is in the physical presence of the minor with the intent to engage in sexual activity or conduct with the minor is guilty of a felony and shall be fined up to $25,000 and imprisoned for five to thirty years.

Action was postponed on House Bill 3215. The bill relates to land use planning. The bill provides flexibility in timelines to allow planning commissions to promptly address applications and addresses difficulties with finding qualified members for public boards. The bill modifies the frequency of planning commission meetings and clarifies contents of subdivision and land development ordinances.

The House is adjourned until 9 a.m. on tomorrow, Feb. 17.

Committee Meetings, Today

Committee Meetings, Tomorrow, Feb. 17

The Judiciary Committee will host a public hearing Monday, February 20, 2023 at 9 a.m. in the House Chamber on HB 3270 – To amend the deliberate intent statute to limit noneconomic damages to $250,000.

Senate Recognizes Alzheimer’s Association Advocacy Day

It was Alzheimer’s Association Advocacy Day at the Capitol, and appropriately, the Senate Passed SB526, which would include Alzheimer’s disease in existing public health programs.

According to the Alzheimer’s Association, an estimated 6.5 million Americans age 65 and older are living with Alzheimer’s in 2022. Seventy-three percent are age 75 or older. About 1 in 9 age 65 and older (10.7%) suffer from Alzheimer’s.

Senate Majority Leader Tom Takubo (R-Kanawha) presided over today’s floor session

The Senate is adjourned until tomorrow, Feb. 17, at 9:30 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Finance Sub A at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

House Judiciary Advances Campus Self-Defense Act

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The House Judiciary Committee met this afternoon to consider the following legislation.

House Bill 2648 is a rules bundle, authorizing the DHHR to create legislative rules relating to the Dangerousness Assessment Advisory Board.

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

Senate Bill 10, the Campus Self-Defense Act, authorizes regulation or restriction on the carrying of concealed pistols or revolvers in certain circumstances or areas of an institution of higher education.

Proponents of the bill stated that the bill is a constitutional matter of the second amendment. They believe campus carry provides safety and protection in a place that needs it. Opponents expressed concern about the lack of gun handling training and mental health issues on college campuses. In addition, they are concerned about mixing alcohol use with the increased availability of handguns. The bill advanced.

House Bill 2567 increases the penalty of unlawful trespass into the home of another from a misdemeanor offense to a felony offense. The bill increases the sentencing to one to ten years and a fine of $1,000 to $5,000. If the person is armed, the sentencing is one to ten years with a fine of $5,000 to $10,000.

House Bill 3479 adds definitions relating to unmanned aircraft systems. The bill requires compliance with all federal laws and regulations relating to such vehicles and creates criminal offenses and penalties for misconduct relating to unmanned aircraft systems.

House Bill 3341 permits cigar lounges in West Virginia resorts and provides guidelines.

House Bill 2016 allows child agencies and facilities to disclose otherwise confidential information to be provided to other child agencies and facilities when making referrals and providing services.

House Bill 2862 ensures that all shareholder votes by or on behalf of the West Virginia Investment Management Board and the Board of Treasury Investments are cast according to the pecuniary interests of investment beneficiaries.

Senate Completes Form Energy Bill

The Senate completed legislative action on House Bill 2882, which makes a $115 million supplemental appropriation to the Department of Economic Development, after more than two hours of debate Wednesday afternoon.

The legislation transfers $115 million from available surplus tax dollars, with $10 million going toward broadband expansion projects and $105 million going to the Economic Development Project Fund.

The $105 million portion is part of a $300 million package the state is providing to support Form Energy’s plan to build an iron-air battery manufacturing plant on the site of the former Weirton Steel property in Hancock County.

As part of the deal, the state will retain ownership of the land and buildings as collateral to guarantee the state’s investment, while Form Energy leases it back as it meets certain project requirements. The property would transfer to Form no sooner than five years and only if the company employs 750 workers. The deal calls for workers to earn at least $63,000 a year in average salary. The state will provide another $110 million to Form Energy once the project is complete.

The company is investing $350 million in start-up costs, for a total, combined investment of $760 million. Form will manufacture its own batteries using iron-air technology for energy storage for solar and wind power projects. The company expects to start construction of its Weirton factory in 2023 and begin manufacturing batteries in 2024 for broad commercialization.

Opponents of the bill offered three failed amendments ranging from directing the $105 million elsewhere to stripping the funding out entirely, to providing $200,000 of the funding for retraining and revitalization in the southern coal counties.

The opponents called the bill a massive gamble, questioning the economic benefits of the plant relative to the state’s investment. They also criticized statements from Form Energy officials about using their technology to end the use of fossil fuels, and accused supporters of the bill of voting coal miners out of a job.

Supporters of the bill noted the incredible economic impact in terms of tax dollars and well-paying jobs to an area decimated by the decline of the steel industry. Several mentioned that a yes vote would signal to other companies that West Virginia is a destination for similar projects and investments.

Supporters also noted the collateral and security in the bill, saying the state isn’t giving away anything if the project isn’t completed according to the stipulations set forth in the contract.

The legislation now heads to the Governor’s desk where he is expected to sign it into law.

The Senate is adjourned until tomorrow, Feb. 16, at 11:15 a.m.

House Advances Bill to Study Homelessness in State

Today, the House passed 11 bills, amended one, and completed legislative action on two.

Senate Bill 239 requires the Commissioner of the Bureau for Behavioral Health to engage behavior health providers, substance use disorder providers, municipal leaders, and county government leaders to study a breakdown of homeless demographic information throughout West Virginia. The study should be reported to the Senate President, House Speaker, and the Joint Committee on Government and Finance by July 1, 2024.

House Bill 2821 authorizes a decreasing modification reducing federal adjusted gross income for state personnel income tax purposes in the amount of certain WV gaming and gambling losses, not to exceed the amount of WV gaming and gambling winnings, for that year. The bill requires detailed records substantiating losses.

House Bill 2896 continues the process of West Virginia becoming an Agreement State with the United States Nuclear Regulatory Commission. The bill transfers the authority and responsibility over sources of low-level radiation to the DEP and establishes a more comprehensive regulatory system to protect the public and the environment in a single state agency.

House Bill 3318 was amended. The bill ensures residents receive support from their local area when seeking work opportunities.

House Bills 2800 and 3061 completed legislative action and headed to the Governor.

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 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.

The House is adjourned until 11 a.m. on tomorrow, Feb. 16.

Committee Meetings, Today

  • The Finance Committee will meet at 1 p.m. in Room 460
  • The Judiciary Committee will meet at 1:30 p.m. in Room 410.
  • The Education Committee will meet at 1:30 p.m. in Room 432.
  • The Committee on Government Organization will meet at 4 p.m. in Room 215E.

Committee Meetings, Tomorrow, Feb. 16

  • The Committee on Workforce Development will meet at 9 a.m. in Room 215E.
  • The Committee on Senior, Children, and Family Issues will meet at 9:15 a.m. in Room 460.
  • The Committee on Jails and Prisons will meet at 9:30 a.m. in Room 410.
  • The Rules Committee will meet at 10:45 a.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 will meet at 2 p.m. in Room 460.
  • The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
  • The Education Committee will meet at 4 p.m. in Room 432.
  • The Finance Committee will meet at 4 p.m. in Room 460.

House Economic Development and Tourism Passes Upper Ohio Valley Trail Network Recreation Authority

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The Committee on Economic Development and Tourism met this afternoon. The following bills were considered.

House Bill 3370 creates a loan program to be administered by the West Virginia Department of Economic Development for certain properties and developments on U.S. Army Corps of Engineers land, state parks and resorts, and hybrid tourism destinations in the case of default by an eligible entity.

House Bill 3147 creates the Upper Ohio Valley Trail Network Recreation Authority. The bill provides for the continuation of the Upper Ohio Valley Trail Network Recreation Authority and the establishment of the recreation area.

Senate Bill 160 establishes the West Virginia Rail Trails Program consisting of rail-to-trail and rail-with-trail programs. It expands the authority of the Division of Multimodal Transportation Facilities to acquire railroad rights-of-way and land for both trail programs.

House Bill 2094 establishes the Remote Worker Home Development Act.

House Bill 3428 makes the West Virginia Business Ready Sites Program permanent.

House Bill 3392 dedicates the first $30 million dollars of excess revenue each fiscal year into the Development Office Promotion and Closure Fund to be used to facilitate business formation, expansion, recruitment, and retention through marketing and international development and export assistance.

House Advance DHHR Reorganization Bill to Senate

It’s Day 35 of the Session and the last day to introduce a bill in the House. During House Rules, House Bill 2075 was moved to the inactive House Calendar, and House Resolution 12 was advanced to the House floor. Fifteen bills were passed during today’s floor session including the following.

House Bill 2005 establishes a four-year dual enrollment pilot program to be administered by the HECP and the CCTCE in partnership with the State Board of Education. The program will offer individualized pathways for careers in direct care health professions, information technology, STEM, education, advanced manufacturing, welding and fabrication, construction, agriculture and any other program that meets workforce need in the state as determined by the Department of Commerce.

House Bill 2006 reorganizes the DHHR into three departments: the Department of Health, the Department of Human Services, and the Department of Health Facilities effective January 1, 2024. The agencies and boards within each department will be organized as follows:

  • Department of Human Services:
    • Bureau of Social Services
    • Bureau for Medical Services
    • Bureau for Child Support Enforcement
    • Bureau for Family Assistance
    • Bureau for Behavior Health
    • Office of Drug Control Policy
  • Department of Health
    • Bureau for Public Health
    • Office of Emergency Medical Services
    • Office of Chief Medical Examiner
    • Office of Threat Preparedness
    • Office of the Inspector General
      • Office of Health Facility Licensure and Certification
      • Board of Review
      • Foster Care Ombudsman
      • Olmstead Office
      • Investigation and Fraud Management
      • Quality Control
      • Mental Health Care Ombudsman
      • Long-Term Care Ombudsman
      • Human Rights Commission
      • WV Clearance for Access: Registry and Employment Screening
    • Health Care Authority
  • Department of Health Facilities
    • Hopemont Hospital
    • Jackie Withrow Hospital
    • John Manchin, Sr. Health Care Center
    • Lakin Hospital
    • Mildred Mitchel-Bateman Hospital
    • Welch Community Hospital
    • William R. Sharpe Jr. Hospital

Any bureau, office, board, commission, or other state entity not specifically organized above shall be organized by the secretaries of the three agencies.

Each department will have a secretary appointed by the Governor by December 1, 2023. The three secretaries will work together through the Office of the Chief Operating Officer. The COO will act as a liaison to ensure the three departments are in communication with one another. The three departments will also share administrative services, which will be through the Office of the COO. The first COO will be appointed by the Governor. On January 1, 2026, and thereafter, the COO will be appointed by the Secretary of Human Services.

The bill also makes changes to the State Health Officer qualifications and Inspector General duties. The bill advances to the Senate for consideration.  

Action was suspended for one day on two of the 13 bills on second reading.

Senate Bill 188 creates the Grid Stabilization and Security Act of 2023, which identifies economically viable sites for natural gas electric generation projects. The bill establishes criteria for identifying economically viable sites and requires the Secretary of the DEP to notify the DEP and the PSC of the sites for the generation facility. The bill sets the application process through the PSC.

House Bill 3318 ensures residents receive support from their local area when seeking work opportunities.  

Rules were suspended while receiving committee reports and 14 bills were read for the first time in addition to the four already on first reading.

The House is adjourned until 11 a.m. on tomorrow, Feb. 15.

Committee Meetings, Today

Committee Meetings, Tomorrow, Feb. 15

The Judiciary Committee will host a public hearing tomorrow, February 15, 2023 at 9 a.m. in the House Chamber on S.B. 10 – Campus Self-Defense Act.