Today, the House of Delegates passed 19 bills. However, most of the four-hour floor session was spent debating amendments to Senate Bill 460, which changes immunization requirements. The House Health and Human Resources Committee produced a committee substitute that strengthened medical exemptions, which is what the majority of presenters were concerned about during the hearing. It allowed licensed physicians, nurse practitioners, and physician assistants to provide written statements to schools and childcare centers when they deem specific immunizations inappropriate for the child.

Several amendments were offered to the Health and Human Resources Committee’s amendment, but only one was adopted to the committee substitute.

Amendments offered but rejected include:

• HFA Canterbury: removing chickenpox and hepatitis B from mandatory immunizations list.
• HFA Fehrenbacher: requiring provider to be licensed in West Virginia and have an established relationship with the child, no telehealth, allow licensing board to act if the process is abused
• HFA Ferrell: limiting the amount of exemption provided to maintain 95 percent herd immunity
• HFA Kimble: removing the requirement of immunizations to attend any school in West Virginia
• HFA White: providing religious and philosophical exemptions to immunizations, prohibiting exclusion in extracurriculars based on immunization status, allowing for civil action to be taken
• HFA Coop-Gonzalez: restoring the original language of the bill as provided by the Governor

The following amended the Health and Human Resources Committee’s amendment.

• HFA Green: providing religious exemptions to immunizations, but allowing private and parochial schools to make their immunization policies

A competing amendment for the Health and Human Resources amendment, HFA Anders, would have restored the bill to the Senate’s amended form of the bill. This amendment was not taken up due to the adoption of the amended House Committee Substitute.

The bill will be up for passage on Monday. As it stands, Senate Bill 460 provides medical exemptions for specific mandatory immunizations, if a licensed physician, physician assistant, or nurse practitioner provides a written statement to the administrator of the school or childcare center stating the immunization could be detrimental to the child’s health. It provides the Medical Board cannot act against providers who give written statements if they are acting in good faith. The bill also requires the providers to report the exemptions they’ve granted. The amended bill provides for a religious exemption and allows private or parochial schools to create their own immunization policy. The bill prohibits children from being excluded from extracurricular activities based on immunization status.

The House is adjourned until 11 a.m. Monday, March 24, 2025.

Committee Meetings, Today March 21

• The Finance Committee will meet immediately after the floor session in Room 460.
• The Committee on Government Organization will meet at 2:30 p.m. in Room 215E.

Committee Meetings, Monday, March 24

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Rules Committee will meet at 10:45 a.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.

The Senate completed action on a bill Friday that would disqualify employees who work in safety positions from receiving benefits if they fail a random drug or alcohol screening.

Senate Bill 2441 would add new language to state code stating that an employee who fails a “random” screening for alcohol or controlled substances would be disqualified from receiving unemployment benefits if the employee is in a position where “alcohol or drug use creates an inherent risk to the health and safety of the employee or others or (if) that employee is in a safety-sensitive position.”

A “safety-sensitive” position is defined in the bill as “any task or duty fraught with such risk of injury to the employee or others that even a momentary lapse of attention or judgment, or both, can lead to serious bodily harm or death.”

During the committee process members heard that state code already includes numerous reasons an employee could lose their unemployment benefits.

Those reasons include willful destruction of employer property, assault, reporting to work intoxicated or being intoxicated while at work, reporting to work under the influence of any controlled substance without a valid prescription or being under the influence of any controlled substance without a valid prescription while at work.

This legislation adds to that list.

The Senate amended the title of the bill, causing it to head back to the House of Delegates to await concurrence.

The Senate has adjourned until Monday, March 24, at 11 a.m.

Morning Meetings for Monday, March 24:

Gov. Org at 9:30 a.m. in 208W

Education at 9:30 a.m. in 451M

The House Health and Human Resources Committee met this afternoon.

Committee Hearings

House Bill 3382 establishes a central reception center and emergency resource homes for foster children. The bill seeks to eliminate the practice of placing children in hotels due to a lack of foster care placements.

Markup & Passage

House Bill 2377 provides for transparency from the Department of Human Services relating to the child welfare system.

House Bill 2027 reduces the timeframe a foster care arrangement can receive additional protections from 18 months to six months or half the child’s life when the foster home is determined to be a fit and proper placement.

House Bill 2880 establishes a Parent Resource Navigator as an individual established through the Court Improvement Program or the Public Defender Services model who is assisting a parent or parents through requirements to be unified or reunified with their child or children.

House Bill 2503 provides a reloadable form of payment for clothing and approved necessity allowances for children in foster care.

House Bill 3344 establishes a grant program to fund the United States Food and Drug Administration’s drug development trials with ibogaine. The purpose of the bill is to secure the Administration’s approval as a medication for the treatment of opioid use disorder, PTSD, co-occurring substance use disorder, and any other neurological or mental health conditions.

House Bill 3343 adds crystalline polymorph psilocybin to the permitted list of distributed and prescribed drugs if scheduled or de-scheduled by the Food and Drug Administration.

The Education Committee met this afternoon.

Markup & Passage

House Bill 2355 allows middle and high school students to participate in travel sports teams without repercussion. The bill requires the athletes to give school program preference when a scheduling conflict arises.

House Bill 2737 establishes the Higher Education Health and Aid Grant to address food, health, and hygiene insecurities among students enrolled in public institutions of higher education and appropriates $450,000 per calendar year.

House Bill 3387 provides for the creation of a regional school district pilot program of up to three contiguous counties to address shared issues.

Committee Hearings

House Bill 2528 authorizes any private, parochial, church, religious, or other nonpublic school to participate in county tournaments as long as they have played against two public schools held at the end of the basketball season, except for invitational tournaments.

House Bill 2651 makes general and special supervisors or directors of instruction serve at the will and pleasure of the county board of education.

House Bill 2973 clarifies that legal action involving the West Virginia Secondary School Activities Commission (WVSSAC) shall be filed in the Kanawha County Circuit after a 30-day notice is provided to the WVSSAC, the State School Board, and the Attorney General.

Senate Bill 275 removes the requirement for cooks and custodians 21 years or older to have a high school diploma or equivalent as a condition of employment by a county board of education.

Senate Bill 280 requires “In God We Trust” to be displayed in every public elementary school, secondary school, and state higher education institution.

Senate Bill 282 allows a person receiving retirement benefits under the Teachers Retirement System to accept employment as a critical needs substitute teacher and work over the 140 day limit.

Senate Bill 650 provides a full-time interventionist hired and assigned to up to two classrooms to satisfy the early childhood assistant teacher, aide, or paraprofessional-related requirements for kindergarten through third grades for both classrooms. The bills clarifies a part-time interventionist only covers one classroom. 

The Senate passed a bill on Thursday that aimed at enhancing security on public school grounds by establishing the West Virginia Guardian Program.

Senate Bill 450 would address growing concerns over school safety by allowing the hiring of retired law enforcement and safety officials, know as”West Virginia guardians,” to provide security services in public schools.

Key provisions of the legislation include the eligibility criteria for guardians, who must be former state troopers, deputy sheriffs, state fire marshals, Department of Natural Resources police officers, municipal police officers, or federal law enforcement officers.

These individuals would be tasked with ensuring the safety of students, faculty, and staff from potential threats, including violence and weapons on school premises. The bill specifies that county boards can contract as many guardians as deemed necessary, with the participation being voluntary and contingent on available county funds.

Under the legislation, guardians would be required to apply for a permit from the county sheriff, who will verify that applicants meet specific qualifications. Additionally, the bill would outline civil and criminal liability protections for guardians and exempt their contracts from certain purchasing requirements, streamlining the process for schools to enhance security measures.

The bill passed the Senate unanimously and now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 21, at 10 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Economic Development at 1 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Twelve bills passed out of the House this morning, including:

House Bill 2451 allows business owners to conduct home-based businesses on their residential property if it is a no-impact business. No-impact businesses do not need on-street parking or substantially increase traffic in a residential area and are not visible from the street. The sale of goods or services must be lawful and on-site employees/clients cannot exceed the municipal occupancy capacity. The bill does not allow municipalities to require permitting or licensing on the no-impact home-based business, but foes allow for the creation of reasonable regulations.

House Bill 2548 clarifies that the State Superintendent shall report annually to the Legislative Oversight Commission on Education Accountability regarding implementing state board rules in each county school district. If a county school board violates the implementation of rules, the State Superintendent will provide an implementation plan. If the county continues to violate the rules, school aid funding can be withheld.

House Bill 2755 requires the State Board of Education to submit all legislative rules for authorization by the Legislative Oversight Commission on Education Accountability and submission to the Legislature for its review and approval, amendment, or rejection.

House Bill 3024 allows for the creation of a comprehensive system for the transfer of credits between the state’s public higher education institutions.

House Bill 2056 grants the Governor authority to establish concurrent jurisdiction over the land but requires the following procedures: (1) a written request of concurrent jurisdiction by the authorized agent of the United States; (2) written acceptance by the Governor; and (3) recording of the request and acceptance by the Governor with the Secretary of State. It also authorizes any state or local agency to enter into an agreement with the United States to coordinate the responsibilities of concurrency. Additionally, the bill grants concurrent jurisdiction to West Virginia courts over instances where juveniles are alleged to have violated federal law while on United States military installations located within West Virginia’s boundaries. The conditions for the grant of jurisdiction require the federal court to waive exclusive jurisdiction over the matter, and that the alleged violation of federal law must also be a crime under state law.

House Bill 2393 requires the Mountaineer Trail Network Authority to report annually to the Joint Committee on Government and Finance on the progress they’ve made towards the goals, grants requested and received, and progress made on other projects within the trail networks throughout the state.

House Bill 2397 prevents immediate family members from acting in a fiduciary capacity for the same governmental authority. The bill attempts to remedy conflicts of interest relating to familial relationships when a sheriff needs to make payments from the county treasury.

House Bill 3089 mandates the use of West Virginia’s Electronic Lien and Title system for all entities that record more than five liens per year.

House Bill 3190 allows for a charge of public intoxication when someone is under the influence of a controlled substance.

Resolutions introduced today can be found here.

The House is adjourned until 10 a.m. tomorrow, March 21, 2025.

Committee Meetings, Today March 20

• The Finance Committee will meet at 1 p.m. in Room 460.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 460.
• The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow March 21

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Rules Committee will meet at 9:45 a.m. in Room 215E.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.

The Senate passed a bill on Wednesday that seeks to address ongoing concerns about transparency and accountability within West Virginia’s foster care system.

Senate Bill 83 would enhance the oversight of child welfare by granting the Foster Care Ombudsman access to confidential records related to child abuse, neglect, and fatalities.

The legislation amends existing confidentiality laws, allowing the Foster Care Ombudsman, or their designee, to access critical information while performing their official duties. This change is particularly significant in cases involving child fatalities or near fatalities, where timely access to records can be crucial for investigations and systemic improvements.

Currently, the confidentiality of child welfare records often limit the ability of oversight bodies to fully understand and address the circumstances surrounding these tragic events.

Supporters of the bill, which passed the Senate unanimously, argued that it will empower the Ombudsman to better advocate for children in the foster care system and ensure that cases of abuse and neglect are thoroughly vetted. They emphasize that increased access to information will lead to more informed recommendations for policy changes and improvements in child welfare practices.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 20, at 11 a.m.

Afternoon Meetings:

Natural Resources at 1 p.m. in 208W

Agriculture at 2 p.m. in 208W

Banking and Insurance at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for Thursday, March 20:

Education at 9:30 a.m. in 451M

Gov. Org at 9:30 a.m. in 208W

The Finance Committee met this morning and this afternoon to hear about the following bills.

Committee Hearing

House Bill 2015 extends indefinitely the moratorium on new BRIM coverage for entities with permissive coverage.

House Bill 2162 repeals the tax exemption for credit unions.

House Bill 2889 authorizes the Commissioner of the State Auditor of West Virginia to conduct fairness hearings for transactions involving the exchange of a security for one or more outstanding securities, claims, or property interests or partly for cash, to determine whether the terms and conditions of the exchange are fair to the security holders.

The Committee recessed until after the Banking and Insurance Subcommittee.

House Bill 3111 provides pay increases to members of the judiciary including the Supreme Court, circuit courts, family courts, magistrates, and the Intermediate Court.

House Bill 3092 allows patients to use the copay covered by the manufacturer’s copay cards to be applied to the deductible.

House Bill 3492 authorizes the City of Huntington to levy a special district excise tax for the benefit of the City of Huntington Economic Opportunity Development District.

House Bill 2978 transfers the powers and duties of the Municipal Bond Commission to the State Treasurer.

The House Rules Committee advanced House Concurrent Resolutions 46, 47, 50, 54, 56, 60, 61, 62, 63, 67, 68, 69, 71, 79 and 83 to the full house.

Additionally, the committee reviewed House Bill 2043, which was split into two bills. The new version of House Bill 2043 allows drones to be used to track wounded wildlife. The bill also amends the section of code that only allows one dog per dog handler when using dogs to track wounded animals. If the UAV/drone operator does not own or lease the property, they must be licensed.

The originating House Bill adds licensed livestock facilities, licensed livestock slaughter facilities, and commercial poultry facilities to the definition of critical infrastructure facilities and to the section of code relating to trespassing on and causing damage to critical infrastructure.

Both bills advance to the full House.