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Judiciary Returns House Bill 2017 Back to House

Cheyenne DeBolt
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Judiciary Returns House Bill 2017 Back to House

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

Senate Bill 132 clarifies that stalking is a form of harassment.

House Bill 2509 enacts the Uniform Premarital Agreement Act. The act allows parties to a marriage to contract prior to marriage with respect to property rights, actions to be taken upon dissolution of the marriage, rights to insurance proceeds upon the death of either party, choice of controlling law, and any other matters not in violation of criminal statutes or public policy.

House Bill 2569 establishes the Motorsport Responsibility Act. The act set the responsibilities and liabilities of motorsport participants and operators.

House Bill 2017 requires the sheriff to serve child abuse and neglect petitions without additional compensation. The bill had been committed to Judiciary on third reading.

Senate Passes High School Athletic Transfer Bill

Christopher Marshall
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Senate Passes High School Athletic Transfer Bill

The Senate passed a bill today that would allow high school students to be immediately eligible for athletics following at least one transfer of schools.

Senate Bill 262 would mandate that the West Virginia Secondary Schools Activities Commission modify its rule that currently requires students that transfer schools to sit out one year before participating in athletics.

Senator Ryan Weld (R-Brooke) has spoken on this bill on multiple occasions. He has consistently said he does not understand the one-year “settling in” period as transfer students from out-of-state or non-WVSSAC affiliated schools do not have to sit out from athletics for a year.

Some exceptions for multiple transfers would be allowed without penalty under the policy. One of those is transferring back into the student’s home district. Another gives the Secondary School Activities Commission the flexibility to weigh students’ specific circumstances to determine transfer eligibility.

A similar bill passed in the Senate last year but failed to complete action in the House of Delegates.

If the bill completes action, it would go into effect for the 2023-2024 school year.

The Senate is adjourned until tomorrow, Jan. 26, at 11 a.m.

Afternoon Meetings:

School Choice at 1 p.m. in 208W

Economic Development at 1 p.m. in 451M

Outdoor Recreation at 2 p.m. in 208W

Pensions at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

1/26 Morning Meetings:

Education at 9 a.m. in 451M

Government Organization at 9 a.m. in 208W

House Passes Bills to Update WV Tax Code Definitions

Cheyenne DeBolt
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House Passes Bills to Update WV Tax Code Definitions

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

Committee Meetings, tomorrow, Jan. 26

Senate Judiciary Advances TikTok Bill

Christopher Marshall
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Senate Judiciary Advances TikTok Bill

The Senate Judiciary Committee advanced a bill Tuesday that would ban the social media app TikTok on state-issued devices.

Senate Bill 426 would require the Chief Information Security Officer to develop standards regarding banned high-risk technology platforms or products, across all levels of government. This includes local governments, K-12 schools, higher education, and state entities that must enforce those standards.

Additionally, all levels of government “must remove, restrict, and ban those high-risk technology platforms or products that pose a cybersecurity threat from all government systems, services, networks, devices, or locations.”

Committee counsel informed the committee that at least 25 states have targeted these issues since 2020, with many specifically aimed at TikTok. The bans have been bipartisan, occurring in both Republican and Democrat controlled state legislatures.

The committee amended the bill to include a specific reference to TikTok.

The Governor’s General Counsel Berkeley Bentley explained that the bill reflects a policy in place in the executive branch for several months and aims target all technologies and platforms tied to foreign entities that pose a high risk of infiltrating state systems.

The bill now advances for consideration by the full Senate.

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.

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