The Senate met Tuesday morning and adopted Senate Resolution 55 regarding honeybees and Senate Resolution 56, which honors Sergeant First Class Bill Brown for his distinguished military service. The Senate also passed several bills on third reading.

Senate Bill 657 would establish the Cohen Craddock Student Athlete Safety Act.

This bill would require the West Virginia Board of Education to promulgate a legislative rule in conjunction with the West Virginia Board of Physical Therapy, governing concussion protocol, education on the prevention of concussions, and the development of the Concussion Education, Prevention, and Response Plan.

This bill is intended to address the various risks of injuries, including concussions, heat-related illnesses, and cardiac events that could take place with student athletes, and ensure the safety and well-being of students playing sports.

Senate Bill 502 would establish the Women’s Collegiate Sports Protection Act.

The bill would provide permanent funding and incentives to protect women’s college sports at public NCAA Division I colleges in West Virginia.

It would offer endowments, state matching funds for savings, and tax credits for private donations while ensuring compliance with Title IX.

Senate Bill 1012 would permit the development of additional juvenile substance use disorder treatment beds in Cabell County.

Under current law, new licensed substance abuse treatment beds generally cannot be added in counties that already have more than 250 beds. This bill creates an exception allowing a certificate of need to be issued in Cabell County for up to 60 additional inpatient treatment beds dedicated to individuals 17 years of age or younger.

These bills passed the full Senate and were sent to the House of Delegates for consideration.

Afternoon Meetings:

Education at 1 p.m. in Room 451M

Government Organization at 1 p.m. in Room 208W

Health and Human Resources at 2 p.m. in Room 451M

Finance at 3 p.m. in Room 451M

Judiciary at 3 p.m. in Room 208W

Morning Meetings:

Transportation and Infrastructure at 9 a.m. in Room 451M

Workforce at 9 a.m. in Room 208W

The Senate is adjourned until tomorrow at 10 a.m.

The Senate Judiciary Committee met this afternoon and advanced several bills on firearms, polling locations, and child torture laws.

Senate Bill 986 would create a new criminal offense for child torture in West Virginia.

The bill defines child torture as a course of conduct that causes severe physical or emotional harm to a child under a caregiver’s supervision. Acts covered in the bill include inflicting extreme pain, depriving a child of necessities, subjecting a child to unsafe conditions or extreme temperatures, and other conduct that places a child at risk of serious injury.

Under the bill, anyone found guilty of child torture would face felony penalties, ranging from 1-5 years in prison if no bodily injury occurs, and 2-10 years if the child suffers bodily injury.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 481 would require precincts to be reported independently and update state law by changing the term “precinct” to “polling location.”

The bill would set standards for election boards, including poll clerks and election commissioners, and clarify mapping and reporting requirements for counties and the Secretary of State to support federal and state redistricting.

Senate Bill 1071 would establish the Public Defense and Provisions Act and establish a new state Office of Public Defense within the West Virginia State Police.

The office would be authorized to acquire and transfer machine guns to qualified residents who pass a background check. The firearms would be similar to those used by law enforcement or the military.

The state and its employees would not be liable for the actions of individuals who legally obtain these machine guns.

The bill sets rules for record-keeping, transfer fees, and the operation of the office.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 963 would require a full court hearing before someone can be barred from having guns under a protective order. The hearing must include the respondent, their lawyer, and clear evidence that they pose an immediate danger.

The bill allows the respondent an automatic appeal if their firearms are restricted. All other parts of the protective order, such as banning abuse, harassment, stalking, or threats, would stay in effect.

The gun restrictions may only be applied when the court finds convincing evidence of immediate danger to the petitioner and cannot be used for punitive purposes.

A witness testified in opposition to the bill, expressing concern for those in domestic violence situations, specifically the petitioner. She noted that a large share of women in the U.S. are killed by current or former partners, highlighting the risks involved when firearms are restricted under protective orders.

Following a discussion, the bill was reported to the full Senate with a recommendation of passage.

Senate Bill 686 would allow coal operators to mine land if 75 percent or more, agree. Owners who do not agree would still get paid their fair share, and operators are protected from legal trouble if the mining is done legally. The bill also safeguards miners and surface land rights.

If some owners can’t be found, the money owed to them goes into a special state fund managed by the Treasurer. The fund pays claims, and after seven years, surface owners can claim future rights, nut not past payments, so mining can continue smoothly while protecting missing owners.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 182 would allow municipalities to expand their boundaries through a process called “minor boundary adjustment,” which is a streamlined method for annexation. Under this bill, a municipality can apply to the county commission for permission to annex territory, provided the annexation does not increase the total municipal boundary by more than 105 percent or the current area by more than 120 percent.

The legislation also introduces specific conditions for annexing streets or highways, allowing for annexation of a street or highway along with at least one property owner (freeholder), or a street or highway alone if it’s essential for emergency services and no freeholder is involved.

The application process requires detailed information, including consent from affected residents and businesses, a map of the territory, and a plan for providing public services. The county commission would review the application, considering factors like contiguity, impact on services, and the overall best interest of the county, before making a decision, with provisions for public hearings and appeals to the circuit court.

The bill was reported to the full Senate with a recommendation of passage.

The Senate met Monday morning for a lengthy floor session.

During the session, Senator Joey Garcia (D – Marion, 13) attempted a discharge motion to pull Senate Bill 972 from the Senate Health and Human Resources Committee and bring it directly before the full body for consideration. The motion was tabled.

After the motion was tabled, Senator Garcia requested that all bills on third reading be read in their entirety, meaning the full text of each bill must be read aloud before final passage.

Senate Bill 972, known as “Raylee’s Law,” would would pause a request for not just homeschoolers during a pending child abuse investigation; it would also impact parents in the same situation looking to move their child to a private school or microschool. Child Protective Services would have to complete the investigation within 10 days under the bill.

The legislation, which was named for an eight-year-old girl who died of horrific abuse and neglect in 2018 after her teachers notified CPS of potential abuse, prompting her parent to move her to homeschooling.

The Senate also advanced several bills, including Senate Bill 1077 and Senate Bill 459.

Senate Bill 1077 would require county school districts to offer vocational agriculture programs to students and limit the circumstances under which those programs can be eliminated.

Under the bill, a district could only terminate its agriculture program if it had the lowest enrollment among all vocational education programs, and it would have to report its reasoning to the Legislative Oversight Commission on Education Accountability.

Senate Bill 459 would update state custody law to promote meaningful contact between a child and his or her siblings, including half-siblings and step-siblings.

The bill adds step-siblings to the list of relationships courts should consider in serving a child’s best interest, when an established bond exists, and the step-sibling lives at least part-time with the biological parent.

Both bills passed the full Senate and were reported to the House of Delegates for consideration.

Afternoon Meetings:

Finance at 3 p.m. in Room 451M

Judiciary at 3:15 p.m. in Room 208W

The Senate is in recess until 4:30 p.m.

The Senate Judiciary Committee met on Friday morning and advanced three bills regarding governing cooperatives, indecent exposure in school locker rooms, and adult cabaret performances.

Senate Bill 723 would clarify state law governing cooperation between West Virginia law enforcement agencies and agencies in bordering states.

The bill updates definitions and outlines procedures for temporary assistance between state, local, and bordering-state law enforcement agencies.

One of the terms updated in the bill is “law-enforcement agency,” clarifying that the definition includes federal, state, and local agencies authorized to enforce criminal law, such as State Police, municipal police departments, sheriffs’ offices, and the Division of Forestry.

The bill was reported to the full Senate with a recommendation of passage.

Originating Bill 1 would expand the crime of indecent exposure.

Senator Ryan W. Weld (R – Brooke, 01) raised concerns about the bill’s vagueness, noting that it does not clearly define “undresses” and giving the example that even removing a sweatshirt could potentially be considered a violation.

The bill is intended to clarify the offense of indecent exposure, including incidents such as a person undressing in a locker room designated for the opposite sex.

Weld proposed an amendment specifying that any acts of indecent exposure described in the bill would be prohibited in locker rooms designated for the opposite sex.

The amendment removes the word “undresses” from the bill and defines indecent exposure by reference to the acts listed in the subsection.

The amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 590 would make it a criminal offense to perform an adult cabaret where it could be seen by a minor.

The bill defines “adult cabaret performances” as a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to the prurient interest, or similar entertainers, regardless of consideration.

A first violation would be a misdemeanor, while a second offense would be a felony punishable by up to five years in prison and a $25,000 fine.

The bill was reported to the full Senate with a recommendation of passage.

The Senate met Friday to pass 15 pieces of legislation, one of which was the first of two bills the body hopes will ultimately create the West Virginia First Energy Act.

House Bill 4026 relates to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission (PSC). This bill passed in the Senate today with amendment and will need to go back to the House of Delegates for concurrence.

The companion bill, Senate Bill 420, passed the Senate Energy committee earlier this week and now is under consideration in Senate Finance.

Both bills would create the West Virginia First Energy Act, a legislative framework designed to restore electric rate stability through prioritized in-state coal-fired generation and the preservation of the state’s natural gas industry.

The legislative package proposes a target utilization rate of 69 percent for coal-fired power plants, tied to tiered cost-recovery incentives. House Bill 4026 introduces requirements for utilities to analyze Advanced Transmission Technologies (ATTs) in their integrated resource plans.

Attainment of utilization goals is tied to cost-recovery incentives in a tiered structure, with cost recovery set at a specific level, increasing as the plant approaches the 69 percent  target. Utilities supplying electricity for industrial or residential use must maintain a 30-day supply of base fuel under the legislation.

A previous PSC order set an expectation that coal-fired power plants need to achieve at least a 69 percent  capacity factor in order for in-state electric companies to self-generate power and reduce reliance on purchased power.

Senator Brian Helton (R-Fayette, 09), a major supporter of the initiative, believes incentivizing coal-fired power plants to operate at a 69 percent capacity rate would lower electric rates and result in more coal miners being employed.

“We want them to be utilized according to the PSC standard of 69%. And if we’ll do that, and we’ll get these utilities back in line with that 69%, we’re going to see an economic uptick like we’ve never seen before,” Helton said.

The Senate is adjourned until Monday, March 2, at 11 a.m.

Morning Meetings for March 2:

Government Organization at 10 a.m. in 451M

The Senate Judiciary committee met Thursday afternoon to move several bills to the full Senate.

Senate Bill 1037 would allow the death penalty only in cases where a defendant is convicted of both first-degree murder and first-degree sexual abuse of a child under 12 in the same proceeding.

The bill outlines capital trial procedures, requires prosecutors to file a formal notice seeking the death penalty, mandates that at least two aggravating factors be proven beyond a reasonable doubt, and provides for automatic appellate review if a death sentence is imposed.

“There are situations where somebody can be executed, and you got the wrong person,” stated Senator Joey Garcia (D – Marion, 13). He stated that this bill opens the door for the death penalty to potentially become an option for various crimes. “I am proud that we are one of the states that for a long time have not had the death penalty,” he stated.

Others supporting the bill emphasized the significance of the death penalty for severe crimes.

“We have to ensure that the death penalty is only for the worst of the worst,” stated Senator Scott  Fuller (R – Wayne, 05). He made the case that certain individuals cannot be rehabilitated and that the death penalty is the appropriate response.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 1008 would change the statute of limitations for asbestos and silica claims, clarifying when a lawsuit can be filed.

The bill specifies that claims begin when a person is diagnosed, discovers facts prompting a diagnosis, or dies from a related condition, distinguishes noncancerous and cancer-related claims as separate actions, and sets limits on suing manufacturers of mining equipment based on federal specifications.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 1026 would make intentionally disrupting a religious service, whether in person or online, a felony, while disruptions of other lawful meetings remain misdemeanors.

The bill defines disruption to include any act that interferes with the service or any gesture, display, or statement that outrages the congregation’s sensibilities, and it specifically covers disruptions at tax-exempt places of worship as well as virtual services conducted via video or teleconference.

Senator Ryan Weld (R – Brooke, 01) proposed an amendment Striking the last sentence starting with any officer and ending with good behavior.

“people meeting for the worship of God”

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 499 would require that any driver involved in a crash that results in death must undergo a toxicology test, ensuring authorities can determine whether drugs or alcohol played a role.

This bill, also called Erin’s Law, sets penalties for drivers who knowingly leave the scene of a crash causing injury or death, ranging from misdemeanors to felonies, and includes license revocation for at least one year upon conviction.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.