During today’s House floor session, 11 bills were on second reading and five were on first reading. Action on four bills was postponed one day. House Bills 2017, 2510, and 2596 remain on second reading. House Bill 2832 remains on first reading.

House Bill 2017 requires sheriffs to serve child abuse and neglect petitions and notice of preliminary hearings. The introduced bill required a sheriff to do such without additional compensation. The Judiciary Committee substitute changes it to with additional compensation. An amendment is pending to change the requirement without additional pay and notice to provide at least 10 days’ notice.

House Bill 2510 creates the Critical Mineral Investment Tax Credit Act of 2023. The bill exempts rare earth elements, critical minerals, and carbon-based products otherwise taxed in code. The amount of credit allowable depends on the cost of the qualified investment property and the number of new jobs created. The bill includes rules for the administration and enforcement of credit.

House Bill 2596 denies the transfer to other schools by students who are suspended or expelled from a school for certain conduct. The bill amends the county boards of education policies and modifies the appeals process for transferring students. The bill does have an amendment pending.

House Bill 2832 clarifies appropriate and inappropriate duties for school counselors.

The House is adjourned until 11 a.m. tomorrow, January 31, 2023.

Committee Meetings, Today

• The Government Organization Committee will meet at 1 p.m. in Room 215E.
• The Finance Committee will meet at 1 p.m. in Room 460.
• The Education Committee will meet at 2 p.m. in Room 434.
• The Judiciary Committee will meet at 3 p.m. in Room 410.

Committee Meetings, tomorrow, Jan. 31

• The Committee on Agriculture and Natural Resources will meet at 9 a.m. in Room 215E.
• The Committee on Substance Abuse will meet at 9 a.m. in Room 434.
• The Committee on Banking and Insurance will meet at 9 a.m. in Room 410.
• The Committee on Pensions and Retirement will meet at 10 a.m. in Room 460.
• The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
• The Technology and Infrastructure Committee will meet at 1 p.m. in Room 434.
• The Committee on Economic Development and Tourism 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 House of Delegates met early this morning at 9 a.m. and passed five bills.

Senate Bill 143 makes changes to the Adopt-A-Stream Program. The bill states that participants 17 years old or younger must be accompanied by an adult. The DEP will review applications for adoption and have the discretion to approve or deny the applications. Adoptions are for three years and at least one clean-up a year must take place.

Senate Bill 231 transfers the administration of the West Virginia Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SBTT) Matching Funds Program from the Department of Commerce to the Department of Economic Development, including, but not limited to, the authority to propose legislative rules.

House Bill 2221 excludes life insurance proceeds and contractual instruments from paid to the debtor as a beneficiary during bankruptcy proceedings.

House Bill 2597 requires that employee evaluations for school personnel must provide data and an explanation in support of any statement or rating in which the employee is assessed to be less than satisfactory.

House Bill 2800 authorizes legislative rules for the Higher Education Policy Commission regarding Performance-Based Funding Formula, Capital Project Management, Tuition and Fee Policy, Higher Education Grant Program, Annual Reauthorization of Degree-Granting Institutions, and Human Resources Administration and authorizes legislative rules for the Council for Community and Technical College Education regarding Performance-Based Funding Formula, Capital Project Management, Workforce Development Initiative Grant Programs, Annual Reauthorization of Degree-Granting Institutions, and Human Resources Administration.

Thirteen bills were on first reading today. House Bill 2512 was tabled as it is a companion bill to Senate Bill 231 which just passed. Action on House Bill 2832 was postponed one day.

The House is adjourned until 11 a.m. Monday, January 30, 2023.

Committee Meetings, Today

• The Finance Committee will meet immediately following the floor session in Room 460.
• The Committee on Senior, Children, and Family Issues will be at 10:30 a.m. in Room 410.

Committee Meetings, Monday, Jan. 30

• The Government Organization Committee will meet at 1 p.m. in Room 215E.
• The Education Committee will meet at 2 p.m. in Room 434.
• The Judiciary Committee will meet at 3 p.m. in Room 410.

The House convened briefly today, passing two bills, amending one, and recommitting another to a committee.

House Bill 2113 increases the criminal penalties imposed on a parent, guardian, or custodian for child abuse resulting in injury and child abuse or neglect creating a risk of injury. This bill does not change fines; it changes criminal sentencing penalties.

The changes are as follows:

• Abuse causing the child bodily injury
  • The current penalty is 1 to 5 years
  • Bill changes the penalty to 2 to 10 years
• Abuse with serious bodily injury
  • The current penalty is 2 to 10 years
  • Bill changes the penalty to 5 to 15 years
• Abuse with a substantial risk of death or serious bodily harm
  • The current penalty is 1 to 5 years
  • Bill changes the penalty to 2 to 10 years
• Abuse with a substantial risk of bodily harm
  • Misdemeanor with fine and or up to 6 months in jail
  • Bill does not change this penalty.
• A second offense of child abuse bodily injury (the misdemeanor)
  • The current penalty is a misdemeanor
  • Bill changes the penalty to a felony with 1 to 5 years.  
• Second felony conviction
  • Bill changes the penalty to twice the term and the fine authorized
• Neglect causing child bodily injury
  • The current penalty is 1 to 3 years
  • Bill does not change this penalty.
• Neglect causing serious bodily injury
  • The current penalty is 1 to 10 years
  • Bill does not change this penalty.
• Gross neglect with a substantial risk of death or serious bodily harm
  • The current penalty is 1 to 5 years
  • Bill changes the penalty to 1 to 10 years
• Neglect with risk of bodily injury
  • Misdemeanor with a fine or up to 6 months in jail
  • Bill does not change this penalty.
• A second offense of neglect with risk of bodily injury (the misdemeanor)
  • The current penalty is a misdemeanor
  • Bill changes the penalty to a felony with 1 to 5 years
• Second felony conviction
  • Bill changes the penalty to twice the term and the fine authorized

An additional change is that the provisions MAY not apply if neglect is due primarily due to a lack of financial means. The bill passed and advanced to the Senate.

House Bill 2531 clarifies that rail companies must cooperate with and receive permission from the Commissioner of the Division of Highways before they build or conduct repairs or otherwise perform maintenance on the railroad, tracks, or crossing that closes state roads to ensure that the traveling public has needed access to emergency services, school, work and is not unnecessarily inconvenienced by road closures. The bill passed and advanced to the Senate.

Senate Bill 143 requires volunteers for the Adopt-A-Stream Program 17 years or younger to be accompanied by an adult. The bill also changes the eligibility for participation in the program and changes the section process for participation. The bill allows the department to approve or deny applications at its discretion. The Government Organization amendment was adopted by the House and advanced to third reading.  

House Bill 2171 was recommitted to the Committee on Technology and Infrastructure on second reading.

The House is adjourned until 9 a.m. tomorrow, January 27, 2023.

Committee Meetings, Today

• The Technology and Infrastructure Committee will meet at 1:15 p.m. in Room 434.
• The Energy and Manufacturing Committee will meet at 1 p.m. in Room 410.
• The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
• The Committee on Health and Human Resources Committee will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow, Jan. 27

• The Committee on Senior, Children, and Family Issues will meet immediately following the floor session.

Today, in the House of Delegates, four bills were passed.

House Bill 2754 permits pharmacy technicians to perform immunizations.

House Bill 2757 expands eligibility for the WV Invests Grant Program to not-for-profit private baccalaureate institutions and not-for-profit, hospital-based allied health programs.

House Bill 2776 updates the definition of federal adjusted gross income and certain other terms used in the WV Personal Income Tax Act.

House Bill 2777 updates the meaning of “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for the Internal Revenue Code’s definitions.

Three bills were on second reading today, but the action was delayed one day on House Bill 2171. The bill removes the requirement that the Commissioner of the Division of Highways set standards and regulate studded tires, as the US DOT already regulates the safety of motor vehicles and related equipment.

After the rules were suspended during Senate messages, Senate Bill 231 was read for the first time. Also on first reading were Senate Bill 143, House Bill 2221, House Bill 2597, and House Bill 2800.

The House is adjourned until 11 a.m. tomorrow, January 26, 2023.

Committee Meetings, Today

• The Judiciary Committee will meet at 1 p.m. in Room 410.
• The Finance Committee will meet at 1 p.m. in Room 460.
• The Education Committee will meet at 2 p.m. in Room 434.
• The Government Organization Committee will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow, Jan. 26

• The Workforce Development Committee will meet at 9 a.m. in Room 215E.
• The Jails and Prisons Committee will meet at 9 a.m. in Room 410.
• The Committee on Seniors, Children, and Family Issues will meet at 10 a.m. in Room 460.
• The Technology and Infrastructure Committee will meet at 1 p.m. in Room 434.
• The Energy and Manufacturing Committee will meet at 1 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.