Wednesday, May 14, 2025
Wednesday, May 14, 2025
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Interim Report: Regional Jail and Correctional Facilities

Brad Douglas, Chief of Staff for the State Division of Corrections and Rehabilitation (DCR), told the committee on Tuesday that job vacancy rates in the state’s regional jails are nearing a crisis point.

Douglas informed the committee that there were 887 correctional officer vacancies in West Virginia at the end of March. He noted that the most dire need is in the Eastern Panhandle, where regional jail facilities have 50 and 60 percent officer vacancy rates. Douglas is also seeing similar troubling vacancy trends across other regions of the state.

Douglas said his agency was making progress with vacancies as recently as 2019, after three consecutive years of targeted pay raises for corrections officers, along with the average 5 percent pay raises all other state employees received. However, when the pandemic hit, progress halted, and the aftermath has drastically changed traditional hiring processes.

He informed lawmakers that while the $30,000 starting salary for corrections officers is a welcome change from the $22,000 number five years ago, it still hasn’t moved the needle because of Covid-19 and other jobs raising salaries recently in response to the pandemic. Douglas noted that correctional starting salaries break down to $14.75 an hour. He pointed out that post-pandemic starting pay at places like Sheetz is $15 an hour and more at grocery stores like Kroger and Aldi.

Douglas said the Division is handling the vacancies by taking correctional officers from other regions of the state and moving them to the Eastern Panhandle where they stay in hotels for a week and work in the regional jails. He noted this is a costly and unsustainable method of handling the issue.

Vacancies in other areas of the state are handled with correctional officers working plenty of overtime. Some regions of the state are even collaborating with Division of Natural Resources Officers to cover shifts.

Douglas also highlighted the need to address deferred maintenance costs in the regional jails. He noted the cost has grown to $277 million. He said one of the greatest needs is in the area of jail and prison security doors, most of which are 25 to 30 years old, some of which have been damaged and compromised.

Douglas plans to get a list of the top-priority deferred maintenance projects to lawmakers by the end of May.

Interim Report: LOCHHRA

The Legislative Oversight Committee on Health and Human Resources Accountability met during the April Interim Meetings.

The focus of the meeting was the organization of the Department of Heath and Human Resources. Chief Counsel from the House Committee on Health and Human Resources, Charles Roskovensky, gave a brief history of the organization of DHHR. Several years were noted during this presentation. In 2012, a performance review of DHHR recommended the agency be split in two. In 2018, legislature was proposed to split the agency into three structures. The focus of this legislation was the Office of Inspector General and the creation of the Health Facilities Department. This legislation did not make it through the session. In 2019, changes were made within DHHR. In 2021 the Bureau of Families and Children split into two bureaus: the Bureau of Families and the Bureau of Social Services. In 2022, legislation was passed to separate the DHHR into two agencies: the Department of Health and the Department of Human Resources. This legislation was vetoed by the Governor.

The DHHR Secretary Crouch gave an overview of the current DHHR Organization. Noted were the six bureaus which provide core services: the Bureau of Families, the Bureau of Social Services, the Bureau of Child Support, Bureau of Public Health, Bureau of Medical Services, and Bureau of Family Assistance. The Secretary also noted the DHHR has over 800 vacancies.

Former Chairman of the House Committee on Health and Human Resources Don Perdue provided his thoughts on the reorganization of DHHR. He stated that DHHR has always been a top-heavy organization. He also noted the 2012 performance review, which recommended the split of DHHR.

Garrett Jacobs, the Commissioner of the Bureau for Child Support Enforcement, provided an update on Child Support Enforcement. He stated the main organization of the bureau is in field offices and the central office. There are 35 counties with full-time offices. The other counties are served part-time by those county offices. The agency has 487 full-time positions with 120 vacancies. The BCSE usually have a 10-20% vacancy rate and are attributing the increase to pandemic. He stated that the agency lost some new staff during this time, and it is believed that frustrations with uncertainty and difficulties training may have caused departures. The BCSE’s budget has remained static the past several years. The BCSE is the only state agency responsible for establishing paternity and child support collection and enforcement. The Bureau uses Online Support Collections and Reporting (OSCAR) to manage 91,334 cases. The system maintains case balances and tracks collections and distributions, generates legal documents, and works with the internal DHHR interfaces. PATH will replace OSCAR. The BCSE’s personnel, financial, communications, MIS, legal, customers services are provided by the Office of the Secretary.

Interim Report: Joint Committee on Children & Families

The Joint Committee on Children and Families met today during Interim Meetings.

The focus of the meeting was disabilities services in West Virginia. The WV Developmental Disabilities Council expressed concerns with guardianship. They stated that guardianship doesn’t always serve the purpose its intended. It is supposed to protect the individual, but sometimes it can do the opposite. The council favors limited guardianship and supported decision making more. The focus should be helping the individual do anything other citizens can do. Most importantly earning a living wage. The Council also expressed concerns over congregate living settings because it isolates disabled individuals. Disabled children need to be around nondisabled peers to help with learning and development.

The executive director of Disability Rights of WV explained what the agency does. It helps disabled people in numerous ways including informational referral and advocacy. Psychiatric therapy can be provided with the agency. Individuals seek the help of the agency when their legal or human rights have been violated. A major issue includes direct care workers.

A representative from the WV Autism Training Center at Marshall explained what the center does. The agency was founded in 1984 because support and services were needed. In the 1990s, the US saw an explosion of autism diagnoses. In the mid-1990s, 1 in 250 individuals had autism. Now, 1 in 44 have autism. The center provides general autism training, behavior problem training, parent training, autism mentor training, technical assistance, law enforcement training, and a college program for children on the spectrum.

Goodwill Industries provided a video of an individual who has seen success with their agency. Goodwill Industries works with various agencies in the state including DHHR and DRS to help individuals develop soft skills and obtain employment. The agency finds environments for each individual to thrive in. The agency has a program called “Wheels to Work,” which provides bus passes in cities. Additionally, after 90 days, the agency will help individuals begin the process of purchasing a car. Goodwill Industries serves 20 counties.

An individual from Think Kids provided an explanation of the goals of their program. The goals are to raise awareness, assess challenges, initiate a public dialogue then compile and share recommendations. The most important need for this agency is a centralized website to provide parents with knowledge of the resources available to them.

Interim Report: Select Committee on Veterans’ Affairs

State Veterans Assistance Secretary Ted Diaz warned lawmakers on Monday about the U.S. Department of Veterans Affairs’ recommendations that he believes would negatively impact healthcare for West Virginia’s veterans.

Diaz’s testimony came roughly a month after the federal agency released its Asset and Infrastructure Review with recommendations to “modernize facilities and realign priorities” as a result of Congress passing the VA Mission Act in 2018.

If these recommendations are implemented, West Virginia would see a significant reduction in services. Some facilities will stop offering health care and instead attempt to utilize relationships with health care partners for care. The medical centers in Huntington, Beckley and Clarksburg would reduce health care options. Federal officials recommend replacing the Beckley VA Medical Center with a facility that only provides primary care, outpatient mental health and non-surgical outpatient services.

Diaz noted that inpatient mental health care, inpatient and outpatient surgeries, and emergency room care will be eliminated. Community-based outpatient clinics in Parsons and Franklin also face closure under the recommendations.

These services, for about 71,000 state veterans enrolled in the VA health care system, would be divided among other health care providers in the community at a time when rural hospitals are already struggling. Diaz noted that wait times at community facilities can be weeks or months compared to the VA system’s one to two weeks. Diaz also emphasized his concerns of the ability of non-VA facilities to address veterans’ unique needs, trauma that is often both physical and mental in nature.

Diaz told lawmakers that the best recommendation he can give state lawmakers, one that he has already shared with the state’s Congressional delegation, is to do everything possible to eliminate this plan now.

The federal agency has until Jan. 31, 2023 to hold public hearings and submit a report to the Biden administration on the proposed changes. Diaz is attempting to get out ahead of this deadline so West Virginia leaders can lobby the Biden administration to eliminate this plan.

Lawmakers concluded Monday’s meeting by voting to draft a resolution to show opposition to these federally recommended cutbacks. The resolution is likely to be presented at the Legislature’s next Special Session later this year.

 

Legislature Completes Second Special Session

The Legislature returned for day two of the Second Extraordinary Session.

 

After some debate, the House suspended the rules and completed legislative action on Senate Bill 2001.

 

Senate Bill 2001 discontinues the revolving loan from the Board of Treasury Investments to the Economic Development Authority upon the authority’s receipt of an appropriation by the legislature. The bill requires the Board of Treasury Investments to make a revolving loan available to the Department of Transportation. A special revenue fund shall be established to receive loan moneys. The bill permits the Secretary of Transportation to make certain expenditures of loan moneys and requires the secretary to reimburse the fund upon receipt of federal reimbursement moneys. The bill allows the board of Treasury Investments to inspect records related to the fund. A sunset date of June 30, 2027 is set. The bill establishes accounting and auditing standards. The bill provides that documents and materials related to high-impact economic development projects are exempt from the Freedom of Information Act.

 

The Senate convened for Confirmations. All 21 of the Governor’s nominations were confirmed.

 

Both, the House of Delegates and the Senate are adjourned Sine Die.

The Legislature Convenes for Second Special Session

The House of Delegates and Senate convened for the Second Extraordinary Session of 2022 at noon on April 25, 2022. Seventeen bills were introduced in the House and 13 were introduced in the Senate. Thirteen bills completed during today’s early afternoon session.

House Bill 210 permits the use of air rifles when hunting. A person may use an air rifle to hunt when authorized under an existing stamp. The bill sets criteria for when air rifles may be used and sets caliber limits when hunting certain types of game.

House Bill 212 includes family court judges in the Judges’ Retirement System.

House Bill 214 updates the prescriptive authority of physician assistants and advanced practice registered nurse removing the boards rulemaking authority regarding prescriptive authority. Both Pas and APNs would have the same prescriptive authority.

House Bill 215 creates a special revenue account called he Military Authority Reimbursable Expenditure Fund. The Adjutant General has the authority to administer the fund.  The bill requires the Adjutant General to reimburse the fund after receiving federal reimbursement moneys. The bill also expands the benefit eligibility of an active-duty service member’s child or spouse.

House Bill 216 modifies the WV Municipal Police Officer and Firefighter Retirement System and increases the multiplier to use in determining accrued benefits.

House Bill 217 provides $250,000,000 of funds to the miscellaneous boards and commissions from the Coronavirus State Fiscal Recovery Fund.

Senate Bill 2003 modifies service credit, retroactive provisions, and the refund of accumulated contributions for certain members of WV PERS.

Senate Bill 2004 allows retirants of PERS to designate a special needs trust as beneficiary.

Senate Bill 2005 authorizes the Commissioner of Workforce WV to create an Unemployment Compensation Insurance Fraud Unit. The bill establishes duties, training and experience requirements, and authorities needed for investigations.

Senate Bill 2007 amends the definitions of “applicant,” “associate broker,” “entity” and “salesperson” in the Real Estate Licensure Act.

Senate Bill 2008 creates a program for voluntary donations to the West Virginia University Rifle Team by including the option on an electronic application for hunting or fishing license.

Senate Bill 2009 establishes alternative educational opportunities for elective course credit. The bill requires the state BOE to establish, develop and maintain a program where students can earn elective course credit for extended learning opportunities outside of the traditional classroom setting.

Senate Bill 2013 prohibits the operation of an aircraft while under the influence of alcohol, controlled substance, or drugs. The bill establishes criminal penalties for sure.

The House is in recess until 7 p.m.

The Senate is adjourned until 8 a.m. tomorrow, April 26, 2022.

Committees

The House Finance Committee will meet at 3 p.m. in Room 460.

The House reconvened at 7 p.m. and concurred with the Senate to complete Senate Bill 2006.

Senate Bill 2006 adjusts the qualifications of members for boards, commissions, and other entities. The entities included in the bill are the Clay Center for the Arts, the Human Rights Commission, the Records Management and Preservation Board, the Tourism Advisory Council, the Public Employees Grievance Board, the Neighborhood Investment Program Advisory Board, the EMS Advisory Council, the Complete Streets Advisory Board, the Parkways Authority, the Public Transit Advisory Council, the WV Board of Education, the Higher Education Policy Commission, the Solid Waste Management Board, the Indigent Defense Commission, the State Lottery Commission, the Real Estate Appraisers Licensing and Certification Board, and the Contract Licensing Board.

Senate Bill 2001 was also introduced and read a first time. However, the body failed to suspend the rules to read second and third time.

The House is adjourned until 8 a.m. tomorrow, April 26, 2022.

Interim Report: Oversight Commission on the DOT Accountability

The Oversight Commission on the Department of Transportation Accountability met today. Several updates were presented to the committee. First, the DOT Secretary stated that the DOH is planning for federal funds through the Infrastructure and Jobs Act. It is a large program, about $3 billion over five years. With any federal funding, programs will have fiscal constraints, but several programs.

The Secretary also updated the committee on the core maintenance in the state. Over the last three years, the agency has performed more and more core maintenance each year. Core maintenances is pothole repairs, mowing, and ditching. Last year, the agency’s goal was 87,000 tons in asphalt repairs. The agency met 87 percent of the goal and believe they will be able to reach 100 percent this year, with a lower amount of asphalt because of core repairs.

The agency has experienced issues with equipment availability. This issue is nationwide. Last year, two drills were purchased for the DOT, which has cut prices from contracting out with equipment companies.

In 2021, 700 people were hired to the DOT. The agency did suffer employee loss during the pandemic with about 500 separations. Additionally, 180 employees retired.

The Secretary also provided an update on the Multimodal Transportation Facilities transition. The department is looking for an agency head. The DOT has restructured the budgets and organizational interactions. Overall, the organizational chart won’t be affected too much. The transition will remove some of the smaller boards and commission, which met infrequently. The  Multimodal Transportation Facilities will free up resources and allow for collaboration with various transportation agencies, while not affecting the day to day operations of the individual agencies.

Interim Report: Legislative Oversight Committee on Education Accountability

The Legislative Oversight Committee on Education Accountability met on April 24, 2022. The committee received an update on charter schools. The Professional Charter School Board currently has four members and is waiting on the appointment of the fifth. The board has two non-voting members. There is a requirement that no more than three members may be of the same political party. Currently, there is three republicans and one independent serving on the board. The board estimates 1500 students in the five charter schools this fall. Two of the charter schools are virtual schools. Two of the three in person charter schools have secured property. One school has 90 days prior to the start of the school year to notify the board of property securement. Each school has a 5-year contract (2027) and each can be renewed if requirements are met. Executive Director of the Professional Charter School Board will be announced soon.

The State Board of Education has four rule updates opened for public discussion. Policy 2419 – Regulations for the Education of Students with Exceptionalities – is updated about every five years. It mirrors the federal law for special education requirements. Policy 2315 – Comprehensive School Counseling Model – corrects duplicative definitions. Policy 2340 – West Virginia Measures of Academic Progress – provides the framework to administer effective and efficient statewide assessment program and procedures to protect the integrity of test data. Policy 5500 – Professional Learning for West Virginia Educators – provides guidelines for the coordination and delivery of high-quality professional learning experiences for WV educators.

The committee also heard from the Higher Education Policy Commission and Community and Technical College Council about deferred maintenance on college campuses. Deferred maintenance is repairs to existing structures such as roof repair, HVAC, ADA requirements, door and lock replacements, sewage repairs, updating bathrooms, elevator repairs, and more. Tuition and fees often cover these capital improvements. However, many schools feel as if they cannot currently raise tuition or fees. The industry accepted practice for deferred maintenance repairs is 20% of total insurance value. The WV HEPC and CTCC total insurance value is $6.7 billion. The total cost for CTC deferred maintenance is $22.5 million. The total cost for 4-year institutions more than $354 million in deferred maintenance.

2022 Legislative Session At A Glance: House Bills

The 2nd Session of the 85th Legislature concluded on March 12, 2022.

Here’s a glimpse of the 60-day session:

  • 150 House Bills Completed
  • 134 Senate Bills Completed
  • 293 Total Bills
  • 172 Resolutions Adopted by both the Senate and House
  • 280 Bills signed by Governor
  • 6 Bills became law without signature
  • 5 bills have been vetoed: SB 573, SB 729, HB 2300, HB 4001, and HB 4020

For a PDF List of Completed bills, please see: 2022 Legislative Session At A Glance.

Highlighted Bills

House Bill 4020 reorganizes the DHHR into two separate departments, the Department of Health, and the Department of Human Resources. The bill set the organizational structure of each department. The two secretaries of the new agencies would be in place by January 2023 with the new agencies being effective in July 2023. The new organizational charts shall be available by February 2023.

The following agencies and boards shall be a part of the Department of Human Resources: Bureau of Social Services, Bureau of Medical Services, Bureau for Child Support Enforcement, Bureau of Family Assistance, Bureau of Behavior Health, Office of Drug Control Policy, and Office of Maternal Child and Family Health.

The following agencies and boards shall be a part of the Department of Health: Bureau for Public Health, Office of Emergency Medical Services and the Emergency Medical Service Advisory Council, Office of the Chief Medical Examiner, Bureau for Health Facilities, Bureau of the Inspector General, Office of Health Facility Licensure and Certification, and Health Care Authority.

Any other bureau, office, board, commission, or entity not specified in the code shall be placed in the organizational chart based on the two secretaries’ decision.

The bipartisan bill went through the House and Senate Finance Committees and was amended several times before completing the legislative process on March 13, 2022. The bill was vetoed by the Governor.

House Bill 4492 merges the Public Port Authority, the WV State Rail Authority, the Division of Public Transit, and the WV State Aeronautics Commission into the West Virginia Division of Multimodal Transportation as of July 1, 2022. The division will administer all federal and state programs related to public ports, railroad transportation and commerce, public transit, aeronautics, airports, and air navigation facilities in the state.

The Secretary of the DOT or designee will be the chief operating officer of the division. The Secretary will coordinate with the Secretary of the Department of Economic Development to facilitate economic development utilizing transportation facilities.

All employees, vehicles, real property interests, equipment contracts/agreements, interests under any existing insurance policy, and records belonging to the above agencies will be transferred to the West Virginia Division of Multimodal Transportation Facilities. The Department of Transportation is tasked with providing appropriate office locations to fulfill the functions of this division.

Each year, the Division of Multimodal Transportation will be required to submit a report to the Governor by June 30. These reports are not required to be submitted to the Legislature unless requested by a member or committee. By December 31 of each year, the agency shall report to the Legislature the status of projects, operations, financial conditions, and other necessary information. All reports shall be submitted electronically unless a paper copy is requested.

The purpose of this agency is to provide and support safe and efficient transportation throughout the state, preserve roadway, railroad, waterway, and airway facilities, and help facilitate economic development utilizing transportation facilities. The agency shall also meet and cooperate with similar divisions in other states, enter contacts with public and private entities to perform duties, and purchase, lease, and sell, property, equipment, etc. as needed to perform functions.

Current rules of the separate divisions shall continue once the Division of Multimodal Transportation is created and shall remain in effect until revised or repealed by the division. The division, upon consultation with the Secretary of the DOT, shall make rules for the agency.

House Bill 4559 provides for the final disposition of unidentified and unclaimed remains in the possession of the Office of the Chief Medical Examiner. The bill states unclaimed remains shall be cremated, and unidentified remains shall be buried. The bill also allows the Examiner to locate lands suitable for cemetery use. The unidentified remains shall be buried after six months of trying to identify the person and his or her next of kin. In the event the death is the result of a crime, all physical evidence shall be collected before burial. Identified but unclaimed remains shall be cremated 30 days after a person has passed and after efforts to contact next of kin have been exhausted.

Once a decedent is identified as next of kin, a medical examiner may have the body removed from the cemetery with proper documentation. No person may file any cause of action against the Office of the Medical Examiner or medical examiner acting in the capacity of a medical examiner.

It gives the chief medical examiner the authority to release records and information to other state agencies when necessary. The bill also removes “be of good moral character” from the code. This is taking place in several sections of code as it is arbitrary.

This bill came about after a legislative audit of the Office of the Chief Medical Examiner found that there were 248 unidentified and unclaimed decedents in frozen storage or cremated remains dating back to the 1970s. Sixteen of the 248 were stored before the 2000s. This bill allows the Chief Medical Examiner to reduce the storage burden on the office.

Completed Bills

House Bill 2096 reinstates the film tax credit. The management and coordination of the film tax credit will be by the WV Office of Economic Development. The department must create a database of locations, music, and other resources to be made available to film production teams. Only certain projects qualify for the tax credit, commercials and promotional videos are not included.

House Bill 2177 authorizes the DMV to issue ID cards without photographs for children under 16.

House Bill 2300 adds family court judges to the definition of “judges” and includes them in the Judges’ Retirement System.

House Bill 2325 removes the requirement of continuing education for barbers and cosmetologists.

House Bill 2631 allows DNR Officers to contract to work for a private person or entity during off-duty hours if the work does not violate the DNR Law Enforcement Section rules as to location or nature.

House Bill 2733 establishes a Combat Action Badge and Combat Action Ribbon special license plates.

House Bill 2817 creates the Donated Drug Repository Program and authorizes the WV Board of Pharmacy to administer the program.

House Bill 2838 creates the state suitor’s public integrity and fraud fund for restitution payments reimbursements of incurred costs due to misuse of public funds.

House Bill 2910 requires the Supreme Court of Appeals to conduct or arrange for a caseload study of the state’s magistrate courts. The Court must contain its recommendations to 170 or fewer magistrates state-wide. The recommendations must be submitted by January 5, 2023.

House Bill 3073 establishes the West Virginia Emergency School Food Act. The bill allows for an annual countywide survey of public-school students to determine certain eating patterns and the availability of nutritious foods to certain students when schools are closed. The county board may implement any program to help students. The West Virginia Office of Child Nutrition shall receive reports and may monitor programs.

House Bill 3082 allows the WV DEP Division of Air Quality to invest the money in the Air Pollution Control Fund and the Air Pollution Education and Environment Fund to receive interest on the funds held in those accounts to offset decreasing permit fee collections and to preserve funding for the Division.

House Bill 3220 requires additional information disclosure of taxpayer funding lobbyists.

House Bill 3223 prohibits the dedication or naming of any state, county, or municipal building or public structure for a public official who is holding office at the time of the proposed dedication or naming.

House Bill 3231 prohibits the charging of interest on security deposits held for up to eighteen months by public utility companies.

House Bill 3303 clarifies that a county executive committee fills the vacancy on the primary election ballot of an intra-county delegate or senatorial race. The bill prohibits the Secretary of State from refusing certification of candidates appointed by the county executive for that district by the deadline for placement.

House Bill 3312 establishes a monument to child labor and child workers who died in the course of employment in the state.

House Bill 4001 creates a process for mapping disturbances in rights of way and utility rights of way and easement. The bill creates existing customer protection for the Office of Attorney General in coordination with the Office of Broadband and Department of Economic Development. The bill provides for competitive access infrastructure.

House Bill 4002 creates the Certified Sites and Development Readiness Program under the Department of Economic Development. The Department is required to establish evaluation criteria and site certification levels. It will create an application process and determine eligible applicants. There are two grant programs established in the bill: a matching grant of up to 50 percent and a micro-grant of up to $25,000.

House Bill 4003 establishes a clear legal right of the title of chemical compounds, elements, and substances derived from the treatment of acid mine drainage. The bill states mine drainage water treatment is necessary to reduce environmental harm. The bill clarifies that the entity treating the drainage has rights to the material.

House Bill 4008 directs the Higher Education Policy Commission to work with the WV Council for Community and Technical College Education to create a funding formula model governing its appropriation request to the legislature.

House Bill 4012 prohibits any state or local government office, department, agency, higher education institution, or hospital from requiring proof of COVID-19 vaccination as a condition of entry.

House Bill 4019 creates deadlines for public charter school contract execution and student enrollment application, lottery, and enrollment for schools intending to open in the school year beginning July 1, 2022.

House Bill 4021 amends the Medical Student Loan Program. The bill authorizes medical schools to make loans, by using a special revolving fund for the program. Eligibility requirements and maximum loan amounts are established. Students are required to do the following: complete the required course of instruction and received a doctorate of medicine or a doctorate of osteopathy, apply and obtain a license to practice medicine in WV, engage in the full-time practice of medicine for 12 months within an approved service commitment area, commence the full-time practice of medicine within nine months of completing a post-graduate residency training program and licensure in the approved service area and continue working in an approved area for a consecutive period of months equal to the total number of months for which the medical student loan was provided, and maintain records and make reports to the issuing medical school.

House Bill 4024 seeks to create a cosmetology apprentice program that allows companies to train employees for practical real-world experience.

House Bill 4048 clarifies that individuals may possess loaded rifles and shotguns in their vehicles if they are not there for the purpose to take wildlife.

House Bill 4050 defines livestock in the General Stock Law, which involves livestock trespassing on the property of another.

House Bill 4059 clarifies that all newly hired deputy commissioners within DHHR are in policy-making positions exempt from civil service.

House Bill 4060 removes outdated health code sections relating to Coalition for Diabetes Management, Coalition for Responsible Pain Management, and State Advisory Coalition on Palliative Care.

House Bill 4062 removes the residency requirement for the Commissioner of the Division of Highways. This commissioner is the only one currently required to reside in the “state capital.”

House Bill 4065 requires hunter safety programs to be offered once every spring semester at every public middle school in the state. The bill adds the option for the middle schools during the fall semester if there is a demand. The program may be an option for public high schools where demand is sufficient, and instructors are available.

House Bill 4067 makes agency reports electronic for some agencies rather than in paper form. The electronic report shall be posted on the legislative website. Paper copies may be provided upon request. It also eliminates reporting for some agencies.

House Bill 4074, Meghan’s Law, requires the state BOE to establish training requirements for all public-school employees on students’ self-harm behaviors and eating disorders. The bill requires yearly education for middle and high school students regarding self-harm behavior and eating disorder signs, prevention, and treatment. The bill passed unanimously in the House and moved to the Senate.

House Bill 4084 amends the Solid Waste Management Act by adding advanced recycling, which allows it to happen in the state.

House Bill 4097 prohibits nonpublic funding sources for election administration. A separate special revenue fund will be created through the Treasury to keep the moneys separate from public moneys. The account shall be known as the Nonpublic funding for Election Administration Funding.

House Bill 4098 clarifies matters relating to geothermal energy. The bill applies to geothermal resources at temperatures above the minimum temperature and the minimum volumetric flow rates set forth by the DEP.

House Bill 4110 states that a county board of education serving as a fiscal agent for a multi-county vocational center may not be penalized for the county’s failure to meet the minimum ratio if the failure is due to the staffing levels at the multi-county vocational center.

House Bill 4112 provides consumers with a choice of pharmacy services. The bill limits the ability of pharmacy benefit managers to restrict consumer access to pharmacies through the designation of “specialty drugs.” The bill also restricts the ability of pharmacy benefit managers to exclude a pharmacy or pharmacist from network participation through restrictive licensing requirements or change the terms of participating pharmacy contracts without adequate notice.

House Bill 4113 allows the secretary of Public Health to appoint advisory councils. The bill requires the Commissioner of the Bureau for Public Health to establish a Center for Local Public Health.

House Bill 4114 authorizes the Ethics Commission, the Division of Personnel, and the Office of Technology to create legislative rules.

House Bill 4126 allows the DHHR to create legislative rules, including those relating to Methods and Standards for Chemical Tests for Intoxication.

House Bill 4141 is a rule bundle for the Department of Homeland Security.

House Bill 4242 is a rule bundle for the Department of Commerce.

House Bill 4257 states that during a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation for a patient as soon as the patient is stable.

House Bill 4264 changes Glenville State College’s designation to “Glenville State University.” The school has met the requirements to be a university.

House Bill 4276 creates a Parkinson’s disease registry through WVU. Patients have the option to opt-out of the registry in writing. Patients cannot be forced to participate. WVU must code a system to protect confidential information. Information in this database cannot be subpoenaed.

House Bill 4282 establishes the next generation 911 services in the state. The bill also establishes a commission to study the next generation 911 services. The commission shall provide a preliminary report to the Joint Committee on Government and Finance and the Governor.

House Bill 4285 prohibits real estate appraiser licensing board members from participating in any decision regarding disciplinary action concerning real estate appraiser activity in which a member has any type of conflict of interest. The bill also requires the board to provide a written statement within 15 days if denying an applicant’s license or renewal requests.

House Bill 4286 exempts attorneys from the civil service system.

House Bill 4288 expands the practices of acupuncture to individuals in other professions.

House Bill 4291 authorizes the Higher Education Policy Commission and the Council for Community and Technical College Education to create legislative rules for certain matters.

House Bill 4295 transfers the State Office of the National Flood Insurance Program from the Offices of the Insurance Commissioner to the Division of Emergency Management.

House Bill 4296 removes outdated sections and updates code relating to workers’ compensation statutes.

House Bill 4297 allows for exceptions of confidentiality to allow DHHR to share financial records with the State Auditor to investigate financial abuse or neglect of a vulnerable adult.

House Bill 4299 prohibits certain intentional physical actions obstructing or interfering with a voter. The bill creates a misdemeanor criminal offense.

House Bill 4301 reforms the membership requirements of the Huntington Park and Recreation District Board by providing for nonpartisan elections.

House Bill 4307 increases the amounts of payable benefits for victims’ travel and relocation expenses and mental health counseling for secondary victims. The amounts have not been changed in over 15 years.

House Bill 4308 expands the persons who may apply on behalf of a child in foster care or is a subject of a civil abuse and neglect petition and authorizes law enforcement, guardians, and court and public agency personnel to disclose information and records for purpose of evaluation for Crime Victims’ Compensation Fund benefits.

House Bill 4311 sets felony penalties for voting more than once in an election, voting when knowingly not legal to do so, and rejecting votes or knowingly/willing accepts illegal votes.

House Bill 4312 allows first responders to vote by electronic absentee ballot in certain emergency circumstances.

House Bill 4324 updates collaborative pharmacy practice agreements.

House Bill 4329 updates the definition of an “interest person” in the West Virginia Small Estate Act. The bill states that an interested person would be any person or entity having a property right in or a claim against the estate of the decedent or property in a small estate.

House Bill 4331 allows for intergovernmental relations with urban mass transportation systems. These systems will qualify for federal funding through the US Department of Labor. The bill ensures that federal funding purposes and deductions are defined in code.

House Bill 4333 terminates the Board of Hearing-Aid Dealers and Fitters on June 30, 2023.

House Bill 4336 revises the methodology for property tax assessments by the Tax Commission to value property producing oil, natural gas, and natural gas liquids. The bill sponsor stated that the bill makes the tax structure constitutional. Opponents of the bill were concerned about the financial burden it could place on the counties, but the proponents argued that the counties are at risk of legal action due to the current tax structure.

House Bill 4340 allows the DHHR as a guardian to make an organ donation without a court order. It clarifies the duties of the medical examiner when procuring the organ. The bill requires the state medical examiner to cooperate with procurement organizations to maximize the opportunity to recover organs for donation. The bill authorizes the procurement organizations to conduct a test or examination which is reasonably necessary to evaluate the medical suitability of the body or part of its intended purpose. The bill authorizes the state’s chief medical examiner to enter into contracts and agreements with a procurement organization when necessary to facilitate the efficient and economical recovery of organ donations.

House Bill 4345 authorizes vehicle owners to utilize electric or mobile registration cards. Removed from the code is the requirement that the registration card is signed with ink.

House Bill 4353 synchronizes local elections with statewide elections.

House Bill 4355 requires state institutions of higher education to disclose certain information about textbooks, digital courseware, and any charges associated with those.

House Bill 4369 updates the telepsychology compact to include graduate degree criteria for those participating in the psychology compact.

House Bill 4373 excludes fentanyl test strips from the definition of drug paraphernalia.

House Bill 4377 updates the involuntary hospitalization process. The bill updates the time limitations of commitment. The chief medical officer has 20 days to institute final commitment proceedings, or the patient shall be released. If the proceedings are not concluded 35 days from the filling of the Application for Involuntary Custody for Mental Health Examination, the patient shall be released. The bill also states that all law enforcement shall be involved in the commitment process, not just sheriffs. Transportation shall be provided to a commitment facility.

House Bill 4380 relates to the transportation of students and passengers for extracurricular activities. The bill increases the number of ten passenger vehicles that may be used for any school-sponsored activity and clarifies that buses shall be used to transport 18 or more passengers.

House Bill 4393 increases the tax on managed care if the organization receives a rate increase.

House Bill 4396 repeals the section of code relating to tolls for travel on WV toll roads and paid electronically through PAC cards.

House Bill 4406 establishes the WV Military Hall of Fame to honor veterans of WV who have distinguished themselves on the battlefield. Medals of valor listed in the bill include Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force, Silver Star, Distinguished Flying Cross for Heroism, Bronze Star Medial with “V” Device, Air Medal with “V” Device, Commendation Medal with “V” Device, Achievement Medal with “V” Device and the Purple Heart.

House Bill 4408 extends the existing authority of the Director of Natural Resources to enter into third-party contracts for the financing, construction, and operation of recreational, lodging, and ancillary facilities to all West Virginia state parks, state forests, and state rail trails.

House Bill 4410 creates an equal allocation and apportionment of income for flow-through entities and C corporations.

House Bill 4418 establishes the Small Business Supplier Certification Assistance Pilot Program to develop and implement a certification process for disadvantaged and small business enterprises engaged in government contracting and bidding processes. The bill authorizes the Department of Economic Development to work with Marshall University to establish the pilot program.

House Bill 4419 allows candidate committees and caucus campaign committees to make contributions up to $75,000 to affiliated state party executive committees.

House Bill 4420 states that those diagnosed with diabetes mellitus requiring insulins shall not be allowed to operate a school bus.

House Bill 4426 repeals code sections relating to Provider Sponsored Networks.

House Bill 4430 defines “base salary and “overtime and other remuneration” for policemen’s and firemen’s pension and relief funds.

House Bill 4433 provides that the right to benefits is not subject to execution.

House Bill 4438 requires electronic voting systems to be independent and nonnetworked with no component connected to the internet.

House Bill 4450 removes the fee charged and deposited in the Combined Voter Registration and Driver’s Licensing Fund for each driver’s license issued by the DMV.

House Bill 4451 eliminates the requirement that qualified capital additions be located or installed at or within two miles of a preexisting facility.

House Bill 4461 consolidates all administrative fees collected by the Tax Division into the existing “Tax Administration Service Fund” and removes the $3 million cap on the fund. The bill provides that excess amounts in the Fund will not be converted into the General Revenue.

House Bill 4462 requires actuarial reports to be prepared and presented to the Legislature’s Joint Committee on Pensions and Retirement regarding active deferred retirement option plans event five years.

House Bill 4463 increases the compensation the members of the State Athletic Commission may receive during a fiscal year for their attendance and participation in public meetings of the commission.

House Bill 4466 requires the School Building Authority to approve local capital improvement bond finance plans before conducting bond levy elections and establish a time limit for project completion.

House Bill 4479 establishes the Coalfield Communities Grant Facilitation Commission. The bill set the membership and duties.

House Bill 4484 declares certain claims against agencies of the state to be moral obligations of the state and directs the Auditor to issue warrants for the payments.

House Bill 4488 ensures full, adequate funding for the operation of the Department of Environmental Protection’s Division of Mining and Reclamation by increasing certain fees for permitting actions.

House Bill 4489 requires county boards of education to post job openings to the State Board of Education’s Statewide Job Bank. The bill also adds that job openings for extracurricular activities shall also be posted to the Statewide Job Bank.

House Bill 4491 establishes a new legal and regulatory framework for drilling of injection wells and operation of facilities for the underground sequestration of injected carbon dioxide.

House Bill 4496 allows interest and earnings on federal COVID-19 relief moneys to be retained in the funds or accounts where those moneys are invested.

House Bill 4497 extends the jail per diem rate through July 1, 2023.

House Bill 4499 modifies and updates the outdated requirements of the procurement process and encourages earlier communications with and assistance from experts within Purchasing Division regarding the manner and process of procurement of commodities and services by spending units of the state.

House Bill 4502 establishes the BUILD WV Act to be administered by the Department of Economic Development.

House Bill 4511 amends the Unclaimed Property Act to make the process relating to the act more efficient.

House Bill 4517 repealed requirements to display video ratings.

House Bill 4535 modifies the requirements for a driver’s license. The bill grants the DMV authority to restrict and revoke a driver’s license for certain reasons. The bill allows for a person to seek judicial review when a license is suspended, restricted, or revoked after a hearing with the Commissioner of the Division of Motor Vehicles. The bill removes the requirement to deny a license or instruction permit to any person under 18 who does not meet one or more certain academic-related requirements.

House Bill 4540 updates the retirement and pension benefits of the WV PERS, the Deputy Sheriff’s Retirement System, the Municipal Police, and Firefighters Retirement System, the State Police Death, Disability and Retirement Fund, the WV State Police Retirement Fund, the EMS Retirement System, the Teacher Retirement System, the Teachers’ Defined Contribution Retirement System, the Natural Resources Police Officer Retirement System, and the Judges’ Retirement Fun to comply with federal law.

House Bill 4560 affects 12 sections of the code. The bill provides additional protections for auto dealers in their transactions with manufacturers. It requires dealer agreements to establish legal requirements. It modifies obligations under warranties. Manufacturers cannot use the relationship with a dealer to find out information on other manufacturers. Performances standards for dealerships must be specific to local market circumstances, geographic characteristics, and traffic patterns. This is so manufacturers cannot impose one size fits all performance standards on dealerships.

House Bill 4562 clarifies the process of the suspension and dismissal of school personnel by the board and the appeals process. Once a fact-finding investigation alleges conduct that would jeopardize the health, safety, or welfare of students, the affected employee shall be suspended, placed on administrative leave, or reassigned to duties that do not involve direct interaction with pupils.

House Bill 4563 allows an auto mechanic to make an application for access to the DMV electronic temporary plate issuance system to access temporary plates to be used to operate or move a vehicle upon the highways and streets to diagnose functional and mechanical problems.

House Bill 4565 exempts temporary state employees and employees of the HEPC from automatic enrollment into the state’s 457(b) plan.

House Bill 4566 creates the Economic Enhancement Grant Fund for local governments for various economic development projects they have. The bill also authorizes WV Water Development Authority to make grants to cover all or portions of the costs of water, sewer, economic development, and tourism projects.

House Bill 4567 prohibits a municipality from imposing its business and occupation or privilege tax on any business activity or occupation when the basis of the tax is derived from products being shipped into or sold in the municipality.

House Bill 4568 eliminates the allocation of a portion of limited tax credits for certified rehabilitation projects with proposed tax credits of $500,000

House Bill 4570 establishes veterinarian telehealth.

House Bill 4571 includes electric-powered school buses in the county foundation allowance and increases the allowance by five percent for school bus systems manufactured in WV.

House Bill 4578 codifies the authorization of the superintendent of the State Police to oversee the administration and implementation of the State’s Handle with Care Program.

House Bill 4583 clarifies that a person who is incarcerated or in detention outside of the US may select a power of attorney to handle affairs while incarcerated or detained.

House Bill 4596 clarifies that home incarceration supervisors, state adult probation officers, state juvenile probation officers, and state parole officers are law enforcement officers who may carry a concealed firearm nationwide.

House Bill 4600 creates misdemeanor and felony offenses and penalties for child abuse by a person in a position of trust.

House Bill 4604 abolishes the Workforce Development Initiative Program advisory committee.

House Bill 4608 allows the State Fire Commission to create rules relating to establishing standards for probationary volunteer firefighters.

House Bill 4629 authorizes the Attorney General or the chief officer of the subject government agency to may issue a response to the potential claimant within 30 days of receipt of the notice to file suit to toll the statute of limitations during pre-suit negotiations for action against the state, afford a 90-day time to file suit absent pretrial negotiation, and dismiss claims absent suit filed within these 90 days.

House Bill 4631 establishes a bone marrow and peripheral blood stem donation awareness program. The bill directs the Bureau for Public Health to create a website to inform and promote donation awareness.

House Bill 4634 provides for an application method for a person with a valid occupational license in another state to be licensed in WV without additional requirements provided that the other state’s criteria for licensure are in line with WV’s criteria.

House Bill 4636 clarifies that municipal B & O taxes as well as municipal rates, fees, and charges are owed to the municipality that is postmarked after the due date are late and subject to late fees or penalties.

House Bill 4642 makes an exception to the prohibition of preventing county and district officers, teachers, and school officials from having a financial interest in contracts when a contract is for goods or supplies, has been put out for a competitive bid, and is awarded based upon lowest cost.

House Bill 4644 removes the requirement of an annual pesticide business license for persons applying products that are generally available through retail stores.

House Bill 4647 removes restrictions on apprenticeship applicants for Funeral Services. The bill also permits the use of alkaline hydrolysis. The bill also removes the requirement of continued education for funeral directors and embalmers.

House Bill 4649 transfers the operations of the WV CHIP Program to the Bureau for Medical Services and delegates policymaking authority from the current board of directors to the program director.

House Bill 4662 permits a Head State licensee to request the utilization of the WV for Clearance Access Registry and Employment Screening program.

House Bill 4667 prohibits county, municipality, city, or town restrictions on advanced air mobility aircraft and advanced air mobility systems.

House Bill 4668 establishes penalties for counterfeit or nonfunctional airbags.

House Bill 4675 authorities the operation of a low-speed autonomous delivery vehicle on certain streets and roads.

House Bill 4688 authorizes county firefighters to be members of the EMS Retirement System and provides for the transfer of assets of county firefighters. The bill requires the Consolidated Public Retirement Board to make the computations and terminates the liability of the PERS.

House Bill 4712 requires prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court and magistrate court. The bill limits the maximum length of payment plans to three years in magistrate court and five years in circuit court.

House Bill 4743 requires security and surveillance video of medical cannabis organization facilities to be retained for 180 days unless otherwise required for investigative or litigation purposes.

House Bill 4756 creates pension funding programs to reduce the unfunded liability of policemen’s and firemen’s pension and relief funds.

House Bill 4758 allows the Special Reclamation Program to develop and maintain a database designed to track reclamation liabilities.

House Bill 4769 eliminates the requirement to send recommended decisions by certified mail.

House Bill 4773 adopts the FCC customer service and technical standards and requires certain cable providers to operate customer call centers to be in the state.

House Bill 4778 establishes the duties of financial institutions regarding multiple-fiduciary accounts and payments of multiple-fiduciary accounts.

House Bill 4779 permits banks the discretion to choose whether to receive deposits, in any amount, from other banks, saving banks, or savings and loan associations when arranging for the re-deposits of the county, municipal, and state funds.

House Bill 4785 provides that a judicial vacancy is filled by the Governor by appointment if the unexpired term is for less than three years.

House Bill 4787 creates the Highly Automated Motor Vehicle Act, permitting vehicles with automated driving systems to operate on West Virginia roadways and highways.

House Bill 4797 creates an EV Infrastructure Deployment Plan for West Virginia that describes how our state intends to use its share of NEVI Formula Program funds.

House Bill 4826 allows betting on e-sport events.

House Bill 4827 promotes the development of public use vertiports.

House Bill 4829 modifies the classification of certain cafeteria personnel.

House Bill 4847 allows the State Police to take over a missing person case when it is suspected that the person crossed county lines.

House Bill 4848 creates alcohol licenses for private bakeries, private cigar shops, private college sports stadiums, and private food trucks. The bill also permits private hotels and private resorts to be able to have minibars in rooms for guests 21 and over. The bill authorizes frozen wine slushes in wine growers to be sold. Merchandise may be sold by vendors selling alcohol.

2022 Legislative Session At A Glance: Senate Bills

The 2nd Session of the 85th Legislature concluded on March 12, 2022.

Here’s a glimpse of the 60-day session:

  • 150 House Bills Completed
  • 134 Senate Bills Completed
  • 293 Total Bills
  • 172 Resolutions Adopted by both the Senate and House
  • 280 Bills signed by Governor
  • 6 Bills became law without signature
  • 5 bills have been vetoed: SB 573, SB 729, HB 2300, HB 4001, and HB 4020

For a PDF List of Completed bills, please see: 2022 Legislative Session At A Glance.

Highlighted Bills

Senate Bill 250 contains the state budget, which sets the general revenue budget for the fiscal year 2023 beginning in July at roughly $4.635 billion.

The bill includes additional pay raises for the West Virginia State Police, a plan by the governor to increase pay for Child Protection Service employees, and a freeze in regional jail per diem fees.

The budget also includes a 5 percent average pay raise for state employees paid from the general revenue fund.

The budget also provides additional funding for West Virginia University and reinstates a film tax subsidy, which had previously been suspended. The film tax subsidy will receive $10 million in funding, which is double what the fund had in previous years.

About 44 percent of the budget will be spent on public education, 26 percent will be spent on social services and 10 percent will go to higher education.

The budget includes 18 items in the back of the bill that would be funded with available surplus tax revenue at the end of the current fiscal year. The surplus appropriations total $1.058 billion. The budget also includes more than $1 billion in spending authority across state agencies using available federal COVID-19 funds.

Governor Justice vetoed a line of the budget that would have transferred $265 million worth of surplus funding from the Department of Revenue to the general revenue fund in anticipation of future income tax reductions. The governor said in a letter explaining his veto that there is no reason to set aside surplus revenue to an agency without any general law purpose. He said the general revenue fund does not need the additional money because the legislature never passed the proposed income tax reduction.

Senate Bill 463 establishes the Best Interest of the Child Protection Act of 2022. The bill will have deliberations in family courts begin with a presumption of fifty-fifty custody, analyze whether that is feasible, and, if it’s not, layout why not.

The bill notes that actions in the court system may reveal that equal joint custody is not actually in the best interest of the child. One exception would be cases where the mother and father have consensually reached an agreement on allocation of parenting time — or if one of the parties does not request sole, primary, or joint custody.

Additional exceptions would occur if one of the parents has committed an act of domestic violence against the other or if one of the parties is a sex offender.

Senate Bill 694 deals with the property rights of surface owners and farmers as it relates to drilling for natural gas and horizontal wells, which can involve multiple property owners.

The bill sets new application requirements for the combination of the tracts for oil and natural gas drilling by operators of horizontal well units. It requires horizontal well units — consisting of two or more tracts — to get agreements from the mineral rights owners for at least 75 percent of the net acreage when it comes to interest from the royalties collected.

The legislation caps horizontal well units at 640 acres per unit, but a unit cannot contain more than 128 net acres controlled by non-consenting royalty owners. The bill gives non-consenting royalty owners with valid leases but lacking utilization provisions options for how they wish to be paid: either 25 percent of the weighted average bonuses or 80 percent of the average royalty rate percentage.

Non-consenting owners without valid leases can either sell their minerals, participate in the well subject to a 200 percent payout penalty, or elect to receive royalty payments in three different ways. They could choose to receive 100 percent of the weighted average bonus received by owners inside the unit within the previous 24 months, the highest royalty rate received by the owners in the unit within 24 months, or mineral owners could be paid through a weighted average sales price or the local monthly index price.

Completed Bills

Senate Bill 1 establishes a mining mutual insurance company. Proponents of the bill say the legislation is needed to ensure financial stability for the state’s mining industry by assuring that West Virginia doesn’t get caught with hundreds of millions of dollars in mine reclamation liability in an era of turbulent energy markets.

Currently, West Virginia is subject to federal requirements to have enough money available to complete reclamation for any areas where permit holders default.

Right now, the state’s Special Reclamation Fund is set up to cover any shortfall, but the worry is that could become overwhelmed by obligations.

West Virginia allows mining companies to post bonds of $1,000 to $5,000 an acre, amounts that the Department of Environmental Protection estimates would cover only about 10 percent of reclamation costs. West Virginia fills the gap with Special Reclamation Funds, which are funded primarily by a 27.9 cent tax levied on every short ton of coal produced

Increased reclamation costs combined with economic strain on the coal industry have highlighted the possibility of a financial crisis.

The legislation, which kick starts the company with $50 million in seed money, specifies that it will not be considered a department or agency of the state — but instead will be a company governed by five directors. The chairman, though, is to be appointed by the governor, and the remaining members will also be named by state officials.

Senate Bill 4 lifts a 26-year moratorium on the construction of nuclear power facilities in West Virginia.

Senate Bill 6 establishes that the intent and policy of the Legislature is that common law corporate “veil piercing” claims may not be used to impose personal liability on a member or manager of a limited liability company.

Senate Bill 8 makes technical changes to the state’s savings and investment programs.

Senate Bill 25 updates provisions of the Medical Professional Liability Act to clarify that a health care provider who executes a screening certificate of merit shall be subject to deposition and that the certain time frames applicable to most health care providers shall be the same for a nursing home, assisted living facility, and their related entities.

Senate Bill 135 relates to the acquisition and disposition of property by urban development authority.

Senate Bill 138 modifies the composition of the Board of Medicine by reducing the membership by one member. In conformity with the proportionality principles, one podiatric physician member is eliminated.

Senate Bill 172 raises the compensation of elected county officials.

Senate Bill 181 creates the Core Behavioral Health Crisis Services System. The legislation supports the expansion of mental health and suicide prevention services throughout the state, as initially established by the National Suicide Hotline Designation Act of 2020.

To handle the significant rise in calls for assistance, the National Suicide Hotline Designation Act 2020 was enacted by the U.S. Congress, naming 988 as the universal number to reach the mental health crisis hotline system. 988 will become active in July 2022 to aid in suicide crises or for anyone experiencing mental distress.

The bill will make the federally enacted universal number easier to access for state residents by creating hotline centers, funding for the service, and aid for those referred to long-term care.

Senate Bill 191 allows poll workers to work full and half days. In the past, poll workers have been required to work the entire 12 to 15-hour day.

Senate Bill 205 increases the number of PEIA board members from 8 to 10, adding one member representing hospitals and another representing small businesses.

Senate Bill 213 establishes the licensed professional counseling compact. West Virginia has become the fifth of 10 states needed to enact the Counseling Compact allowing professional counselors licensed and residing in a compact member state to practice in other compact member states without the need for multiple licenses.

Funded and created by the American Counseling Association, the Counseling Compact was finalized in December 2020 and has now been passed by the legislatures in Georgia, Maryland, Alabama, Mississippi, and West Virginia.

Senate Bill 221 establishes the occupational therapy compact. West Virginia has become the 11th of 10 states needed to enact the OTC, allowing professional occupational therapists licensed and residing in a compact member state to practice in other compact member states without the need for multiple licenses.

Now that more than 10 states have passed the OTC, member states can begin work to establish the interstate commission and officially convene the first meeting to draft the rules and bylaws of the Compact. Once the commissioners agree upon rules and establish a method by which Compact member states can share information, states will be able to grant Compact licenses, and individuals residing in those states will be able to take advantage of the benefits the Compact offers.

Senate Bill 228 gives free tuition to students who complete a certain amount of service hours in West Virginia as part of “an AmeriCorps State, National, VISTA or Senior Corps program.

They would earn one free semester of undergraduate or graduate tuition for providing 600 hours of service or two free semesters for providing 1200 hours.

Once enrolled, students could continue providing service hours for free tuition for up to eight semesters.

Senate Bill 231 defines terms relating to broadband connectivity, requires engineering reports on available telecommunication cable space, provides for shared costs for the report, requires notice from pole owner or manager to telecommunication carriers of available space, and requires notice to pole owner or manager of intent to use any available space.

Senate Bill 232 amends the computation of time between imprisonment for a second felony offense and a third such offense when a sentence of life imprisonment may not be considered for the commission of the third felony.

Senate Bill 242 limits the authority of counties and municipalities to prevent or limit an owner’s complete use of natural resources or real property for farm or agricultural operations.

Senate Bill 244 corrects a one-word typo in the law that establishes the Intermediate Court of Appeals.

Senate Bill 245 enacts several changes to the state’s wage payment provisions using payroll cards.

Under the bill, the employer may unilaterally elect to pay employee wages via payroll card, provided the employer discloses in writing any applicable fees associated with the payroll card.

In addition, the employee must have the ability to make at least one withdrawal or transfer from the payroll card per pay period without cost or fee, for any amount up to the amount contained on the card and must be able to make unlimited in-network withdrawals or transfers from the payroll card without any cost or fee, for any amount up to the amount contained on the card. Finally, employers who use payroll cards must give employees the option of being paid by electronic transfer (i.e., direct deposit) instead.

Senate Bill 246 requires water bottle filling stations in every new or renovated public school. Schools will have to have at least one filling station for every 200 occupants. The filling stations will be touchless and could be integrated into current water fountains.

Senate Bill 247 focuses on Certified Community Behavioral Health Clinics (CCBHCs) and joins West Virginia with 42 other states in adopting this model of treatment which provides comprehensive mental health and substance use services to any person in crisis.

Senate Bill 253 relates to adjustments to voting precincts following the recently completed redistricting process.

Senate Bill 261 requires more frequent viewing of the video from cameras that have been required in special education classrooms for the last few years. A school administrator is now required to review the video for no less than 15 minutes, no less than every 90 days. The school system is also allowed to release classroom videos to investigators and attorneys representing students and their families.

Senate Bill 262 authorizes the State Treasurer’s Office to restrict state banking contracts with any bank or investment group that refuses to deal with coal or natural gas companies or terminates contracts with existing fossil fuel companies as a way to punish the companies for engaging in extractive industries.

The State Treasurer’s Office would be required to maintain a public list of restricted financial institutions. Any bank on the restricted list would be unable to enter into new banking contracts with the State Treasurer’s Office or remain in current contracts. Financial institutions that can show they are not or no longer engaged in energy company boycotts would be removed from the list.

The bill applies to any bank, banking association, investment house, savings and loan, credit union, or savings bank where the State Treasurer’s Office might decide to deposit state taxpayer funds.

Senate Bill 264 makes minor changes to state conservation district law.

Senate Bill 268 allows “microschools” and “learning pods” of unlimited size. These would be lightly regulated schools or groups of students that could combine concepts from homeschooling, private schooling, and online schooling.

A learning pod is defined in the bill as “a voluntary association of parents choosing to group their children together” for Pre-K through 12th-grade school as an alternative to other types of schooling.

A microschool is defined in the bill as “a school initiated by one or more teachers, or an entity created to operate a school that charges tuition.”

Senate Bill 274 requires the secretary of DHHR to allocate CPS workers in counties according to the population based on the 2020 census and also requires the secretary of the DHHR to report the allotted CPS workers by the Bureau of Social Services district annually.

Senate Bill 279 authorizes the Department of Environmental Protection to promulgate a legislative rule relating to Ambient Air Quality Standards.

Senate Bill 312 authorizes the Alcohol Beverage Control Commission to promulgate a legislative rule relating to Private Club Licensing.

Senate Bill 330 authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to the Examination and Issuance of a Driver’s License.

Senate Bill 334 authorizes the Department of Agriculture to promulgate a legislative rule relating to Feeding of Untreated Garbage to Swine.

Senate Bill 419 establishes a pilot project to evaluate the impact of certain post-substance use disorder residential treatments.

Senate Bill 424, the 2022 Farm Bill, provides additional powers to the Commissioner of Agriculture to collect certain debts. The bill establishes West Virginia Animal Remedy Law, defines agritourism as agriculture, and amends the Auctioneer Board of Review.

Senate Bill 427 allows WV Board of Medicine investigators to carry a concealed weapon.

Senate Bill 434 modernizes the powers of authorities given to airports to better reflect current operations. The bill updates certain terms and definitions and adds the term “international airport” and “vertiport” to certain areas of the code. The bill increases the cost of violations for pedestrian traffic near airports. Finally, the bill clarifies airport police jurisdiction.

Senate Bill 435 allows for the award of the service weapon to a retiree from the Division of Protective Services.

Senate Bill 436 corrects a code citation for the authority of the State Fire Marshal.

Senate Bill 437 allows the Chairperson of the Parole Board to release a parolee early, and after serving a minimum of one year on parole, following a request from the Commissioner of the Division of Corrections and Rehabilitation, or designee, and upon a review of the request and submission by the Commissioner, or designee.

Senate Bill 438 establishes the West Virginia Security for Public Deposits Act.

Senate Bill 440 establishes the Uniform Commercial Real Estate Receivership Act

Senate Bill 441 makes confidential, any video, incident reports, or other records related to the management of inmates or juveniles at any correctional or juvenile facility. It includes exceptions for viewing the material for the commissioner of corrections, law enforcement, or attorneys when investigating claims.

Disclosure to view the material could also happen via a court order when necessary to protect the orderly operation of the correctional facility or to protect people from harm.

Senate Bill 443 includes police and firefighter as electors of trustees for certain pension funds.

Senate Bill 445 modifies police and firemen’s pension plans for trustees

Senate Bill 448 develops policies and procedures for the Statewide Interoperability Executive Committee.

Senate Bill 449 clarifies that the Nonviolent Offense Parole Program is not available to offenders who are serving a sentence that runs concurrently or consecutively with an excludable offense and to further clarify that the program is not available to an offender who has been released under the program on a previous occasion.

Senate Bill 450 updates definitions of the West Virginia Personal Income Tax Act

Senate Bill 451 updates definitions of the West Virginia Corporation Net Income Tax Act.

Senate Bill 452 allows civil remedies and actions for the unauthorized disclosure of intimate images. The bill also provides for the plaintiff’s privacy and creates a statute of limitations.

Senate Bill 466 prohibits any inmate housed in a correctional facility in West Virginia from bringing a civil action when that inmate has had three previous civil actions dismissed on grounds the action was frivolous, malicious, or failed to state a claim upon which relief may be granted. Inmates bringing civil actions alleging they are under imminent danger of serious physical harm are not prohibited from bringing suit under this statute but must state the allegations specifically.

Senate Bill 468 prohibits licensed medical professionals from performing an abortion if it’s because of a disability unless there is a medical emergency or a non-medically viable fetus. Medical providers who violate the policy would be subject to discipline from licensure boards.

Senate Bill 470 removes the persistent vegetative state from the living will and combined medical power of attorney and living will, renames the physician orders for scope of treatment as the portable orders for scope of treatment, and indicate that an advanced practice registered nurse and a physician’s assistant may complete one within their scope of practice, and to provide reciprocity for the portable orders for scope of treatment or similar medical orders validly executed in another state.

Senate Bill 476 corrects cross-references that exempt thin seam coal from the minimum severance tax.

Senate Bill 478 provides a sunset provision regarding the public reporting of those claiming the Neighborhood Investment Tax Credit.

Senate Bill 487 combines the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility. It also limits the amount of surplus deposited into the Revenue Shortfall Reserve Fund.

Senate Bill 492 provides for the electronic collection of tolls.

Senate Bill 499 authorizes legislative rules for the School Building Authority.

Senate Bill 505 updates the law related to money transmitters to align West Virginia with the majority of states with respect to control of a licensee and key individuals as well as net worth. The bill will also allow West Virginia to participate in and accept multistate examinations as well as application information and decisions to reduce the regulatory burden on licensees.

Senate Bill 508 includes muzzleloader hunting of deer in the requirement for daylight fluorescent orange for hunters.

Senate Bill 515 supplements and amends appropriations of public moneys to the Department of Administration and Public Defender Services.

Senate Bill 517 expires funds from the unappropriated balance in the State Excess Lottery Revenue Fund.

Senate Bill 518 allows for nurses licensed in another state to practice in the State of West Virginia upon registration with the West Virginia Board of Examiners for Registered Professional Nurses.

Senate Bill 520 increases the financial penalties regarding any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed any computer, computer services, or computer network for purposes of executing any scheme to defraud or obtaining money, property, or services using fraudulent pretenses, representations, or promises and increases the financial penalties in regard to any person who, with intent to extort money or other consideration from another, that introduces ransomware into any computer, computer system or computer network, and provides a mechanism for restitution to the state, state agencies, and political subdivisions for damages caused by ransomware attacks.

Senate Bill 522 combines the offices of the State of West Virginia Equal Employment Opportunity Office and the Americans with Disabilities Act Office to more efficiently serve the citizens of the State of West Virginia.

Senate Bill 523 transfers oversight of the Jobs Investment Trust Fund to the West Virginia Economic Development Authority.

Senate Bill 524 streamlines the operations of two agencies by reorganizing their duties and functions under the Department of Arts, Culture, and History and creates a state library section in the Department of Arts, Culture, and History. The legislation also creates the National Coal Heritage Area Commission.

Senate Bill 525 expires funds from the unappropriated balance in Lottery Net Profits.

Senate Bill 526 supplements and amends appropriations to the Department of Commerce.

Senate Bill 527 supplements and amends appropriations to the Department of Administration, Office of Technology.

Senate Bill 528 supplements and amends appropriations to the DHHR, Consolidated Medical Services Fund

Senate Bill 529 encourages additional computer science education in West Virginia schools.

Senate Bill 530 encourages the use of public-private partnerships by cleaning up antiquated provisions of the public-private partnership statute and simplifying the process to make it more effective and particularly encourages the use of public-private partnerships in the construction of highways in the state.

Construction of highways using public-private partnerships is encouraged by allowing money collected from only the state portion of a coal severance tax on projects where construction would result in the extraction of coal incident to the construction, would be paid to each participant in a public-private partnership upon the determination of satisfactory completion of the project.

Senate Bill 531 provides a pay increase for state troopers, teachers, and school service personnel.

The legislation provides an average 5 percent salary increase for employees and troopers with the West Virginia State Police, public school teachers, professional student support personnel, and school service personnel starting July 1.

Senate Bill 533 eliminates the soda tax and replaces support for WVU Health Sciences through the insurance premium tax. The bill secures $14 million in revenue for the WVU medical, nursing, and dental programs; secures $5.5 million for Marshall University’s School of Medicine; and $3.9 million for the West Virginia School of Osteopathic Medicine.

Senate Bill 535 allows for revocation of certain school personnel licenses and certifications upon conviction of certain crimes or a finding of abuse by the West Virginia Department of Health and Human Resources.

Senate Bill 536 clarifies statutes on possessing, manufacturing, importing, and transporting fentanyl in West Virginia.

Senate Bill 537 provides additional firefighters and security guards for the National Guard. The legislation allows firefighters and security guards to continue service until age 62 and permit the use of civilian personnel in the event of deployment or mobilization.

Senate Bill 542 transfers the Broadband Enhancement Council from the Department of Commerce to the Department of Economic Development

Senate Bill 546 allows an institution of higher education to pledge a portion of its tuition and fee revenue toward debt service and would add IT projects to the list of capital projects that an institution of higher education could issue debt for.

Senate Bill 548 authorizes Workforce West Virginia employers to obtain employment classifications and work locations.

Senate Bill 552, the Community Resurrection and Economic Development Act is intended to help cities and counties deal with dilapidated buildings.

The legislation changes how the Land Bank is operated in West Virginia and will set aside $30 million to help cities and counties demolish unsavable buildings.

The first goal of the bill addresses properties that can be saved and incentivizes ownership and repurposing of abandoned lands. The bill offers a hardship plan to property owners to allow for repayment arrangements or tax forgiveness when one or more conditions are met.

If the taxes are delinquent and the property ends up in the Auditor’s Office, it will first be offered to owners of neighboring parcels of land, then the city or county in which it sits, then nonprofit corporations and charitable groups. The Auditor’s Office also is partnering with the state Housing Development fund to identify select properties to entice teachers, doctors, and other essential workers to certain areas in the state, and to help people who have completed drug recovery rebuild their lives.

The second component of the bill would aid communities to demolish dilapidated structures with the $30 million set aside.

Other highlights of the bill include a statewide uniform process for collection and enforcement of property taxes, changing how interest and penalties for redeemed taxes are calculated, shortening the time for redeeming delinquent taxes, and returning abandoned property to the books before it becomes uninhabitable.

Senate Bill 553 removes the power of the West Virginia Health Care Authority to adopt, amend, or repeal lawful policy guidelines and to require the authority, in cooperation with the DHHR secretary to file a legislative rule regarding the collection, retention, and use of Uniform Bill data.

The bill sets a fee for the request for custom data requests for Uniform Bill data. The legislation also requires the Secretary of the Department of Health and Human Resources to file a report with the Legislative Oversight Commission on Health and Human Resources regarding his or her assumption of the West Virginia Health Care Authority’s data repository powers and duties.

Senate Bill 568 permits a purchaser of insurance to evaluate how underwriting impacts their insurance costs.

Senate Bill 570 establishes training for law enforcement in handling individuals with Alzheimer’s and dementia.

Senate Bill 571 declares certain claims to be moral obligations of the state.

Senate Bill 573 provides a system where magistrates preside, in certain instances, outside of normal court hours.

Senate Bill 575 ensures that imposition of certain sexual offenses applies to those people working in juvenile facilities against juveniles detained or committed in juvenile facilities.

Senate Bill 582 establishes an office within the Governor’s Office to coordinate workforce development, job training, education, and related programs and initiatives across agencies and entities to continue to grow West Virginia’s workforce and to provide greater options for West Virginians seeking work and West Virginia businesses seeking employees.

Senate Bill 584 increases the maximum loan balance for each congressional district from $4 million to $6 million and increases the cap relating to providing extensions to a water facility or wastewater facility from $1 million to $1.5 million.

Senate Bill 585 creates an administrative medicine license for physicians who do not seek to practice clinical medicine.

Senate Bill 591 clarifies that when a legislative district sits entirely inside a single county, the county party executive committee will draw up the list of nominees from which the Governor can select to fill the seat.

Under previous law, for districts that span two or more counties, the district executive committee would choose the nominees.

Senate Bill 593 permits the Marshall University Forensic Laboratory to be classified as a criminal justice agency to get access to the West Virginia DNA databases related to Missing Persons, Relatives of Missing Persons, and Unidentified Human Remains databases.

Senate Bill 595 amends the Dangerousness Assessment Review Board. The bill bars the subpoenaing of board members to testify in proceedings about which the board issues advice, guidance, or opinion. The bill also requires in place of testifying that the board provides copies of all documents and materials used in providing its advice, grievance, or opinion upon request of the circuit court.

Senate Bill 597 relates to the Public Service Commission underground facilities damage prevention and one-call system and amends several definitions relating to it.

Senate Bill 598 directs the Department of Veterans Affairs to establish partnerships with service organizations engaged with their local veteran communities to connect veterans and their families with existing resources to combat suicide, and its contributing factors, among the veteran population in West Virginia.

Senate Bill 603 bill prohibits medical licensure and re-licensure in WV if an applicant is prohibited from practicing in another jurisdiction.

Senate Bill 606, the West Virginia Medical Practice Act, establishes a duty to report certain incidents of provider misconduct by persons authorized by the medical board to treat patients in West Virginia.

The bill provides civil immunity for good faith reports to the board and modifies the grounds for professional discipline and license denial to include a broader array of provider sexual misconduct.

Senate Bill 609 allows the Department of Highways Commissioner to accept ownership of rented and leased equipment.

Senate Bill 610 bill specifies the duties, authority, and responsibility of the Secretary of the Department of Transportation in much the same way the other department secretaries have been specified.

Senate Bill 611 removes the cap on bidders’ contract bonds and allows more flexibility when setting the bidder bond on projects.

Senate Bill 616 keeps court files and law-enforcement records regarding certain sexual offenses confidential unless the court should order otherwise.

Senate Bill 624 makes a supplementary appropriation to DHHR, Division of Health, Laboratory Services.

Senate Bill 625 makes a supplementary appropriation to the DHHR, Division of Health, Vital Statistics Account.

Senate Bill 626, supplements, amends, and increases existing items of appropriation from the State Road Fund to the Division of Transportation and the Division of Motor Vehicles.

Senate Bill 627, supplements, amends, and increases existing items of appropriation from the State Road Fund to the Division of Transportation and the Division of Highways.

Senate Bill 628 supplements and amends appropriations to the Department of Commerce and the Division of Natural Resources.

Senate Bill 629 supplements and amends appropriations to the Department of Education and the West Virginia Board of Education, Vocational Division.

Senate Bill 630 supplements and amends appropriations to the Higher Education Policy Commission, Administration – Control Account.

Senate Bill 633 supplements and amends appropriations to DHHR, Consolidated Medical Services Fund.

Senate Bill 634 makes supplemental appropriations to DHHR, Division of Health – Hospital Services Revenue Account Special Fund Capital Improvement, Renovation, and Operations.

Senate Bill 636 supplements and amends appropriations to the Department of Revenue, Office of Tax Appeals.

Senate Bill 637 supplements and amends appropriations to Executive, Governor’s Office – Civil Contingent Fund.

Senate Bill 638 changes the hearing and notice provisions for failing or distressed public utilities.

Senate Bill 639 provides a 45-day waiting period on rate increases when water and sewer services are purchased from a municipality.

Senate Bill 641 requires the Consolidated Public Retirement Board to set each county’s contributions to the Deputy Sheriff’s Retirement System.

Senate Bill 643 removes the residency requirement of members appointed to a county airport authority.

Senate Bill 647 is meant to protect people with mental or physical disabilities from being denied access to organ transplants solely due to their disability. While this is already banned at a federal level due to the Americans with Disabilities Act, state-specific legislation provides an even greater safeguard.

Senate Bill 650 eliminates the minimum number of royalty owners required to be considered for a gas drilling operation as one unit. Previously, the number was originally seven or more for the rules surrounding co-tenancy to kick in. Co-tenancy refers to the mineral rights applying to multiple owners. Operators still must control 75 percent of the acreage involved.

Senate Bill 656 incentivizes employers to create childcare facilities via a tax credit that would be received over several years. The bill would also allow a business to join other businesses in creating new childcare centers. The goal is to give employers a new option to help recruit and retain workers and to give employees of participating employers the benefit of having childcare close to their workplace.

Senate Bill 662 relates to the creation, expansion, and authority of resort area districts in West Virginia.

Senate Bill 686 clarifies the use of notes and bonds of the West Virginia Housing Development Fund.

Senate Bill 693 clarifies meeting voting requirements for political party executive committees.

Senate Bill 698 ensures Veterans’ Council membership contains representatives from varying regions of the state as well as varying service branches.

Senate Bill 704 allows parents, grandparents, and guardians to inspect instructional materials in students’ classrooms.

Senate Bill 713 removes the statutory limit for the Environmental Laboratory Certification Fund.

Senate Bill 714 relates to tied votes by the Coal Mine Safety and Technical Review Committee, clarifying that the Director of the Office of Health, Safety, and Training or his/her designee, is permitted to break the tie.

Senate Bill 715 adjusts existing items of appropriations from the State Fund, General Revenue.

Senate Bill 716 provides a supplemental appropriation to the Department of Education, West Virginia Board of Education, Strategic Staff Development Division.

Senate Bill 717 makes a supplemental appropriation to Miscellaneous Boards and Commissions, the Board of Medicine, and the Medical Licensing Board.

Senate Bill 718 makes a supplemental appropriation to the Department of Administration, Travel Management, Aviation Fund.

Senate Bill 719 makes a supplemental appropriation to the Division of Homeland Security, Fire Commission, and Fire Marshal Fees.

Senate Bill 720 supplements and amends appropriations to the Governor’s Civil Contingency Fund.

Senate Bill 722 expires funds to the Division of Environmental Protection, Reclamation of Abandoned and Dilapidated Property Program Fund.

Senate Bill 723 makes a supplementary appropriation to the Department of Agriculture, WV Spay Neuter Assistance Fund.

Senate Bill 724 makes a supplementary appropriation to the Division of Homeland Security, Division of Corrections and Rehabilitation, Regional Jail, and Correctional Facility Authority.

Senate Bill 725 supplements and amends appropriations to the West Virginia State Police.

Senate Bill 726 clarifies offenses for which pre-trial diversion is prohibited and clarifies offenses for which, under certain circumstances, the defendant is eligible for deferred prosecution.

Senate Bill 729 creates a loan fund with the West Virginia Economic Development Authority. Governor Justice vetoed the bill over several technical errors, concluding the errors would have made it difficult or impossible to use the money appropriated to the Economic Development Authority consistent with the intent of the bill.

Senate Bill 731 makes a supplementary appropriation to the Department of Tourism, Tourism Workforce Development Fund.

Senate Bill 732 makes a supplementary appropriation to the Hospital Finance Authority, Hospital Finance Authority Fund.

Senate Bill 733 supplements and amends appropriations to the Governor’s Office.