The House returned from recess to complete its calendar.

Senate Bill 536 increases the penalties for fentanyl possession to a $50,000 fine or 3 to 15 years in state prison, or both. The bill also increases the penalties for transporting fentanyl into the state. The increased penalty is a $50,000 fine or 10 to 20 years in prison or both. The bill was also amended to state that if anyone who is 21 years or older uses a minor to distribute a controlled substance is guilty of a felony and shall be fined up to $10,000 and imprisoned for up to 5 years or both.

Senate Bill 582 creates the WV Workforce Resiliency Act and the Recovery and Hope Act. It establishes the Workforce Resiliency Office and the State Recovery and Hope Office.

Senate Bill 588 establishes the WV Rail Trails Program consisting of rail-to-trail and rail with trail programs. It expands State Rail Authority to acquire railroad rights-of-way and land for both trail programs.

Senate Bill 590 creates a pilot program in Cabell County to study the uniqueness of recovery residences as they relate to the landlord-tenant law. The program is to determine equitable resolution when circumstances arise which bring about an unanticipated cession of an individual’s participation in a recovery residence program.

Senate Bill 653 keeps Fairmont State University and Pierpont Technical College from reunifying. The bill also transfers Pierpont’s aviation maintenance program to FSU.

Senate Bill 138 reduces the number of board members on the WV Board of Medicine from 16 to 15 members, removing one of the two podiatrist seats.

The House is in recess until 7:30 p.m.

During the morning session of Day 60, the House concurred and completed Senate Bill 250, Budget Bill.

The Finance Chair explained there were compromises between the Senate and the House, as well as the addition of the Governor’s adjustments.

The Finance Chair took the Senate’s position on Meat Inspection Fund, the Global Economic Development Partnerships within the Department of Economic Development, Jobs & Hop, the Educational Broadcasting Authority, Sexual Assault Intervention and Prevention within the Division of Health, and West Virginia State University. House requests within the amended budget bill include the state trooper raise, CPS raise, and the per diem freeze. Compromises were made with the Save the Children’s Fund, Tax Division budget, and Marshall University funding.  The surplus compromise was a $1 million surplus. Of the general revenue fund, 44 percent goes to public education, which includes the teachers’ pay raise, 26 percent goes to social services, including the CPS raise, and 10 percent to higher education.

State agencies receiving funding from the special revenue fund are not included in the pay raises. These include Highways, the public service commission, the DEP, and the Department of Agriculture.

The debate on the budget bill lasted about two hours with several members expressing concerns with the changes from the adjustment letter.

Speaker Hanshaw spoke to the budget bill.

“I’m going to support the motion. I hope you do as well because as the gentleman from the 34th said, I believe the good outweighs the bad. It’s not the budget I would have written unilaterally, it may not be the budget you would have written unilaterally, probably was not the budget the Chairman would have written unilaterally, but it’s where we are. It’s a budget that those three parties who make up the governing body of West Virginia agree should be our spending priorities for Fiscal Year 2023.”

The House concurred to complete the budget, 90-9.

The House received Senate messages, concurring with most. However, the House did refuse to concur with House Bill 4087 and House Bill 4389.

The House also passed Senate Bill 468 before recessing.

Senate Bill 468 creates the Unborn Child with Down Syndrome Protection and Education Act. The bill prohibits an abortion before confirming and documenting the abortion is not sought because of a disability except medical emergency or severe fetal condition. A few amendments were offered and rejected.

The House is in recess until 4:25 p.m.

The House returned to continue with bills on second reading. Several bills were advanced to third reading with the right to amend.

Rules were suspended, and the following bills were read a third time and passed.

Senate Bill 573 requests the Chief Justice of the Supreme Court of Appeals to develop a rule to create a system to assign magistrates on a temporary rotating basis outside the county of their election or appointment to provide over initial appearances, petitions for domestic violence, emergency protective orders, emergency mental hygiene petitions, emergency juvenile delinquency petitions, and applications for issuance of search warrants.

Senate Bill 606 imposes a duty on persons licensed or authorized by the WV Board of Medicine to report an incidence of sexual misconduct, violating control substance protocols, conduct that jeopardizes patient safety, or other gross misconduct. The bill states any failure to report incidences is grounds for disciplinary action.

Senate Bill 609 authorizes the Commissioner of Highways to accept ownership of equipment that was rented or leased.

Senate Bill 647 prohibits discrimination based on an individual’s mental or physical disability relating to access to organ donation.

Senate Bill 662 provides procedures to expand the Resort Area District.

Senate Bill 714 provides the Director of the Office of Miners’ Health, Safety, and Training or designee may vote to break ties for the Coal Mine Safety and Technical Review Committee.

The Finance Chair explained the Senate’s amendment to Senate Bill 250, Budget Bill. The amended bill will be put upon passage tomorrow morning.

The House is adjourned until 10 a.m. Saturday, March 11, 2022.

The Rules Committee will meet at 9:45 a.m.

The House continued with its agenda this afternoon into the evening. Eighteen bills passed including Senate Bill 498, Senate Bill 463, Senate Bill 262, Senate Bill 246, and Senate Bill 268.

Senate Bill 498, “The Anti-Racism Act of 2022,” generated a two-hour discussion on the House floor this evening. The bill was amended in the House committees. The bill prohibits a student, teacher, administration, or other employees in the WV public school system from being required to affirm, adopt, or adhere to the following concepts: 1.) one race is inherently, morally, or intellectually superior, 2.) an individual, based on race, is inherently racist or oppressive, 3.) an individual should be discriminated against or receive adverse treatment solely or partly because of their race, 4.) an individual’s moral character is determined by the individual’s race, and 5.) an individual is responsible for actions of other members of the same race.

The committee’s amendment stated that nothing prohibits the concepts being discussed the theory of an academic course or the discussion, examinations, or debate regarding race and its impact on historical or current events. The amended bill now goes back to the Senate.

Senate Bill 262 authorizes the State Treasurer to prepare, maintain, and publish a list of financial institutions engaged in boycotts of energy companies. It requires the Treasurer to post the list on the website and submit the list to the Governor, the Speaker of the House, and the Senate Present. The Treasure is required to provide written notice to the banking institution of being on said list and requires removal from the list if information is presented that the institution is not engaged in the boycott of energy companies.

Senate Bill 246 requires all newly constructed public schools and schools with major improvements to have water bottle filling stations installed.

Senate Bill 268 creates a new exemption from compulsory school attendance for a child who participates in a learning pod or micro-school. There are four ways a parent can obtain an academic assessment of the child: 1.) standardize achievement test, 2.) testing program at public school, 3.) portfolio of child’s work to be reviewed by a certified teacher, or 4.) alternative academic assessment of proficiency agreed upon by parents and county superintendent.

The House recessed until 8 p.m.

The Rules Committee will meet at 7:55 p.m.

With tomorrow being the final day of the 2022 session, today will be a long and busy day.

The House rejected Senate Bill 230 on the floor. The bill clarified that actions by an agency taken during a declared state of preparedness or emergency or any matter related to protected classes are not grievable. The bill would require a grievance to be filed within time limits or it may be dismissed. The bill would have changed the public employee’s grievance procedure by adding that if an employee’s grievance was dismissed or lost, they would have to pay $1,000. Many took issue with this is 1.5 to 2 percent of the average West Virginian’s income. The bill failed with 39 in favor and 61 opposed.

Four bills passed during this morning’s session.

Senate Bill 1 prompted a lot of debate. The bill creates the Mining Mutual Insurance Company, a private company, to issue bonds to coal companies that cannot get bonds from current private sector companies. The company would be regulated by Insurance Commission. The company will receive a $50 million no-interest loan from the state to be paid back. Opponents were concerned about using taxpayer dollars to fund a private company that may choose to do business outside of the state. They also noted that other bond companies may not be doing business with some coal companies because of the financial risk. Proponents stressed that coal companies are in difficult financial situations and are struggling to get bonds from the private sector.

Senate Bill 10 creates an account for the WVU Rifle Team and an electronic voluntary donation program on electronic applications for hunting and finishing licenses.

Senate Bill 205 increases the number of members on the Public Employees Insurance Agency Finance Board from eight members to 10.

Senate Bill 228 provides tuition and fee waivers for terms of service completed in WV as an AmeriCorps volunteer.

Action on Senate Bill 231 was postponed one day.

The House is in recess until 3 p.m. and the Rules Committee will meet at 2:45 p.m.