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House Economic Development and Tourism Advances E-Bike Definition Update

Cheyenne DeBolt
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House Economic Development and Tourism Advances E-Bike Definition Update

The Committee on Economic Development and Tourism met this evening, advancing three bills.

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 from being taxed. The amount of credit is dependent on the cost of the qualified investment property and the number of new jobs created.

House Bill 2753 modifies the definition of the e-bike in the West Virginia code to be more in line with federal law. It also permits class two e-bikes to use throttles and to be used on public lands to increase their usage and accessibility. The bill states that e-bike users will not be given special privileges not otherwise given to similarly situated riders.

House Bill 2512 transfers the administration of the WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program from the Department of Commerce to the Department of Economic Development.

 

House Health Advances Patient Safety and Transparency Act

Cheyenne DeBolt
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House Health Advances Patient Safety and Transparency Act

The Health and Human Resources Committee met this afternoon to advance several bills.

House Bill 2436 creates the Patient Safety and Transparency Act by implementing an acuity-based patient classification system.

House Bill 2854 requires the DHHR to seek a federal waiver to pay child-care providers for enrollment rather than the attendance of the child. The bill also requires the development of performance-based contracting standards to enable a shift from an enrollment payment o a performance-based payment as of July 1, 2026.

House Bill 2917 permits retired state employees to work as CPS workers or APS workers without suspending their retirement annuity.

The remainder of the bills advanced are rules relating to DHHR and health other agencies.

House Bill 2648 authorizes the DHHR to create rules relating to the Dangerousness Assessment Advisory Board.

House Bill 2649 authorizes the DHHR to create rules relating to boards of health.

House Bill 2650 authorizes the DHHR to create rules relating to medical examiner requirements for postmortem inquiries.

House Bill 2651 authorizes the DHHR to create rules relating to growers and processors under the Medical Cannabis Program.

House Bill 2652 authorizes the DHHR to create rules relating to dispensaries under the Medical Cannabis Program.

House Bill 2653 authorizes the Health Care Authority to create rules relating to financial disclosure.

House Bill 2654 authorizes the DHHR to create rules relating to Uniform Bill Database.

House Bill 2655 authorizes the FHHR to create rules to develop methodologies to examine the need for substance use disorder treatment facilities in the state.

House Bill 2656 authorizes the DHHR to create rules relating to Core Behavioral Health Crisis Service System.

House Bill 2657 authorizes the DHHR to create rules relating to childcare centers’ licensing.

House Bill 2658 and House Bill 2659 authorize the DHHR to create rules relating to minimum licensing requirements for residential childcare and treatment facilities for children and transitioning adults and vulnerable and transitioning youth group homes and programs in West Virginia.

House Bill 2660 authorizes the DHHR to create rules relating to family childcare home registration requirements.

House Bill 2661 authorizes the DHHR to create rules relating to informal and relative family childcare home registration requirements.

House Bill 2662 authorizes DHHR to create rules relating to out-of-school-time childcare center licensing requirements.

House Bill 2663 authorizes the DHHR to create rules relating to goals for foster children.

House Bill 2664 authorizes the DHHR to create rules relating to deemed head-state childcare center licenses.

House Bill 2665 authorizes DHHR and the Insurance Commissioner to create rules relating to All-Payers Claims Database-Submission Manual.

House Sends Amended Senate Bill 128 Back to Senate

Cheyenne DeBolt
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House Sends Amended Senate Bill 128 Back to Senate

Today the House of Delegates considered four bills, including Senate Bill 128, which had been advanced with the right to amend.

The first amendment offered was the Government Organization Committee’s amendment of Senate Bill 128. Senate Bill 128 states the authority and obligations of the Governor and Legislature when in a declared state of preparedness and state of emergency. The amended bill limits the duration of a Governor-declared state of preparedness or state of emergency to 60 days. To extend beyond those 60 days, the Legislature would pass a resolution extending. The Legislature may also condition, limit, terminate, or expand any action or directive made by the proclamation of the Governor relating to a state of preparedness or state of emergency.

Amendments were offered to this amendment during the floor session. Three of the amendments were rejected and two were adopted. The two adopted were offered by Delegate Phillips and Delegate Capito.

Delegate Phillips’ amendment preserves the Governor’s power to suspend the provisions of any regulatory statute for the conduct of state business or rules/orders of state agencies if compliance with such would prevent, hinder or delay action to cope with the present emergency, as long as the Governor is not granted the power to suspend any provisions defined in Section 6 of the code.

Delegate Capito’s amendment changes language in the bill to clarify that if disasters strike the same location on two different occasions, then the Governor can react as needed to the separate disasters.

The rejected amendments can be viewed here on the bill status page.

The amended Committee amendment was adopted and passed to the Senate.

The three other bills on third reading passed as well.

House Bill 2310 allows the DMV to issue an “Antique Fleet” single registration plate for use on fleets of five or more antique vehicles.

House Bill 2564 repeals obsolete language relating to administrative hearing procedures for DUI offenses.

House Bill 2602 adds in classifications of service personnel of the state minimum pay scale, which were inadvertently omitted with the passage of House Bill 4829 in 2022.

Four bills advanced from second reading and three from first reading.

The House is adjourned until 11 a.m. tomorrow, January 25, 2023.

Committee Meetings, Today

Committee Meetings, tomorrow, Jan. 25

Senate Passes Campus Self-Defense Act

Christopher Marshall
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Senate Passes Campus Self-Defense Act

The Senate passed Senate Bill 10 this morning, legislation that would allow the concealed carry of handguns on the state’s university campuses so long as carrier has a current and valid conceal carry permit.

The bill prohibits the state Higher Education Policy Commission, the Community and Technical College System of West Virginia or college/university governing boards from restricting concealed carry on campuses.

Open carry is forbidden in the bill, and while the state as a whole allows constitutional carry – concealed carry without a permit – that is not allowed in this bill.

The legislation contains 12 exceptions where institutions may continue to ban concealed carry. The exceptions include: an organized event at a stadium or arena with a capacity of more than 1,000 spectators; at a campus daycare; at K-12 school-sponsored functions occurring on campus; patient-care areas; and residence halls, except in common areas.

Regarding residence halls, the institution must provide secure storage for weapons, either in in-room safes or a secure storage location, or both.

The bill now heads to the House of Delegates for consideration. If the bill completes legislative action, it would go into effect July 1, 2024.

The Senate is adjourned until tomorrow, Jan. 25, at 11 a.m.

Afternoon Meetings:

Energy at 1 p.m. in 208W

Health at 1 p.m. in 451M

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

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Senate Passes Bill to Restructure Unemployment Benefits

Christopher Marshall
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Senate Passes Bill to Restructure Unemployment Benefits

The Senate passed a bill to revamp the state’s unemployment system during Monday morning’s floor session.

Senate Bill 59 would allow workers to collect unemployment benefits for a maximum of 12 weeks, provided the state unemployment rate for the prior quarter is below 5.5 percent, which is considered full employment. For each half-percent increase above 5.5 percent, an extra week would be added until the rate reaches 9 percent. At that point, benefits would be capped at 20 weeks.

Current law allows workers to collect unemployment benefits for a maximum 26 weeks and requires them to seek work, but sets no criteria for what that means. This bill requires an applicant to actively seek work with at least four work searches per week. The qualifying searches and methods are outlined in the bill.

The legislation, which WorkForce West Virginia helped draft, provides incentives to return to work. Chief among those is the elimination of the penalty for taking a part-time job. The bill allows a worker who takes a part-time job to continue to receive benefits if the wages are less than the weekly benefit.

Under the bill workers would need to provide proof of work searches. WorkForce would share open posted by the Division of Personnel and refer workers to suitable positions. “Suitable work” as defined in the legislation means a job similar to the person’s current position. Workers would have to apply for those suitable positions and risk having benefits withheld if they failed to appear for an interview.

The legislation also contains some increased accountability provisions to ensure the identity of applicants is accurate.

The legislation passed on a 27-5 vote with two absent. This same bill passed last year, but failed to complete action in the House of Delegates.

Senate Bills 419-446 were introduced today.

The Senate is adjourned until tomorrow, Jan. 24, at 11 a.m.

Afternoon Meetings:

Military at 1 p.m. in 208W.

Transportation at 1 p.m. in 451M

Agriculture at 2 p.m. in 208W.

Banking at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for 1/24

Education at 9 a.m. in 451M

Government Organization at 9 a.m. in 208W

House Education Advances Dual Enrollment Pilot Bill

Cheyenne DeBolt
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House Education Advances Dual Enrollment Pilot Bill

The House Education Committee met this morning for consideration of the following bills.

House Bill 2832 clarifies the appropriate and inappropriate duties for school counselors and provides a definition of a school counselor.

House Bill 2005 establishes a dual enrollment pilot program to be administered by the HEPC and the CCTC in conjunction with the State BOE. The bill applies to all students in West Virginia regardless of education type (public, private, homeschool, etc.).

House Bill 2346 declares the need for retired bus operators as substitutes and slows retired bus operators to work as substitute bus drivers without affecting their monthly retirement benefits.

House Bill 2833 creates the behavioral health workforce initiative within the Higher Education Policy Commission.

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

House Bill 2827 amends the statute to make public charter schools eligible for Safe School Funds.

Two DMV Bills Advance to Senate

Cheyenne DeBolt
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Two DMV Bills Advance to Senate

Today, the House passed two bills.

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

House Bill 2533 allows for a permanent windshield placard to be valid for the duration of the applicant’s life, instead of them having to renew regularly. Temporary placards are still only valid for 6 months.

There were four bills on second reading.

Senate Bill 128 was advanced to third with the right to amend. The bill clarifies the authority of the Governor and the Legislature to proclaim or declare states of emergency. It creates two classes of states of preparedness and establishes the criteria.

House Bill 2310 authorizes the DMV to develop an “Antique Fleet” program so that multiple antique vehicles may utilize a single registration plate.

House Bill 2564 repeals obsolete code relating to a former DUI license revocation process.

House Bill 2602 adds special teaching assistance to the class titles of service personnel of the state minimum pay scale and class titles. The classifications were inadvertently omitted in the HB 4829 passed in 2022.

The House is adjourned until 11 a.m. tomorrow, January 24, 2023.

Committee Meetings, Today

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

Committee Meetings, tomorrow, Jan. 24

  • The Committee on Agriculture and Natural Resources will meet at 9 a.m. in Room 215E.
  • The Committee on Banking and Insurance will meet at 9 a.m. in Room 410.
  • The Committee on Substance Abuse will meet at 9 a.m. in Room 434.
  • The Committee on Pensions and Retirement will meet at 10 a.m. in Room 460.
  • The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
  • The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.
  • 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.

House Passes “Marshall University 75 Memorial Day” Bill

Cheyenne DeBolt
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House Passes “Marshall University 75 Memorial Day” Bill

Today, the House passed House Bill 2412.

House Bill 2412 memorialized November 14 every year as the “Marshall University 75 Memorial Day” to honor the 73 individuals who died in the 1970 plane crash.

On November 14, 1970, a plane carrying most of the Marshall football time, coaches, boosters, two flight attendants, and two pilots crashed in Wayne County, WV. The plane was returning home from a Marshall football game in North Carolina. It is the “worst single air tragedy in NCAA sports history.” During this time, the community, state, and nation came together.

Every year, Marshall University holds a memorial ceremony at the Memorial Fountain on the Student Center’s Plaza. At this ceremony, the 75 lost are remembered and the Memorial Fountain is shut off.

Delegate Sean Hornbuckle is the lead sponsor of the bill and read the 75 names, then a moment of silence was observed for those individuals.

House Bill 2017 was on its third reading but has been sent to the Judiciary Committee for further review.

Two bills were on second reading today.

House Bill 2530 extends the expiration of temporary registration plates from sixty days to ninety days.

House Bill 2533 allows for a permanent windshield placard to be valid for the duration of the applicant’s life.

The House is adjourned until 11 a.m. Monday, January 23, 2023.

Committee Meetings, Monday Jan. 23

The Education Committee will meet a 1 p.m. in Room 434.

The Committee on Government Organization will meet at 1 p.m. in Room 215.

The Judiciary Committee will meet 3 p.m. in 410.

Senate Completes Action on Two DNR Bills

Christopher Marshall
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Senate Completes Action on Two DNR Bills

The Senate concurred in House amendments, completing action on two Division of Natural Resources bills, during Friday morning’s floor session. The bills are the first to be sent to the Governor in the 2023 regular session.

Senate Bill 161 would allow the DNR within the Department of Commerce to sell, lease, or dispose of property under its control. Legislative approval would need to be sought if the property is in a state park or state forest. The land in question would have to be deemed obsolete or unused by DNR.

Senate Bill 162 would allow the DNR to lease state-owned pore spaces beneath state forests, wildlife management areas and other lands under DNR’s jurisdiction for use in carbon sequestration projects, where carbon dioxide emissions are pumped underground. The bill prohibits  the DNR from leasing pore spaces beneath state parks.

The tandem bills are tools the state hopes can attract companies wishing to construct carbon capture and sequestration projects in conjunction with the state’s efforts to attract a regional hydrogen hub.

The Senate is adjourned until Monday, Jan. 23, at 11 a.m.

House Judiciary Advances Abuse and Neglect Penalty Increases Bill

Cheyenne DeBolt
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House Judiciary Advances Abuse and Neglect Penalty Increases Bill

The Judiciary Committee met this morning and advanced House Bill 2113.

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
    • 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 fine
    • 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.

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