Tuesday, May 13, 2025
Tuesday, May 13, 2025
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House Passes CON Repeal for Birthing Centers and Opioid Treatment Programs

The House of Delegates convened for Day 43 of the 2022 session.

Legislative action completed on House Bill 4048, which clarifies that individuals may possess loaded rifles and shotguns in their vehicles as long as they are not there for the purposes to take wildlife.

The House adopted House Resolution 12, House Concurrent Resolution 81, House Concurrent Resolution 83, House Concurrent Resolution 84, and House Concurrent Resolution 87. Action on House Resolution 15 was postponed one day.

Sixteen bills passed the House today, including the following:

House Bill 4344 requires the bureau of social service to incorporate create a dashboard to incorporate the PATH system. The bill requires a study of centralized intake to be completed by January 2023. The bill also increases the salary ranges for caseworkers.

House Bill 4391 requires counties to employ nurses in proportion to the student population. It requires each county to have at least one nurse. The bill allows LPNs supervised by an RN to be counted as a nurse.

House Bill 4607 removes certificates of need from opioid treatment programs.

House Bill 4643 removes certificates of need from birthing centers.

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

The House is adjourned until 11 a.m. Thursday, February 24, 2022.

Committees – Today

The Education Committee will meet at 3 p.m. in Room 434.

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

The Committee on Government Organization will meet at 3:30 p.m. in 215E.

The Judiciary Subcommittee on HB 4293 will meet at 3:30 p.m. in Room 410.

The Judiciary Committee will meet at 4 p.m. in Room 410.

Committees – Thursday, February 24, 2022

The Judiciary Committee will meet at 9 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

The Education Committee will meet at 3 p.m. in Room 434.

The Government Organization Committee will meet at 3 p.m. in Room 215E.

House Amendment Stage Fosters Lengthy Debate

The House convened for a long session on February 22, 2022.

Action on two resolutions, House Resolution 12 and House Concurrent Resolution 42, was postponed by one day.

Eleven bills and one resolution were up for debate today, all advanced to the Senate.

House Joint Resolution 102 proposes a constitutional amendment to clarify that rules and policies made by the State Board of Education are subject to legislative review, approval, amendment, or rejection. The people shall vote on the proposed amendment in the 2022 general election.

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 2096 reinstates the film investment tax credit.

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 4262 removes the state licensure requirement for polygraph examiners. The federal licensure requirement remains in place.

The lengthy floor session can be contributed to several amendments being offered on Second Reading Bills. Amendments were offered on House Bill 4643, House Bill 4344, House Bill 4391, and House Bill 4797.

Five amendments were offered on House Bill 4643.

House Bill 4643 repeals certificate of need for birthing centers in the state.

The first taken up was an amendment offered by Delegates Steel, Bates, and Pack. The amendment would have provided immunity from liability in any civil action to a hospital, physician, or other providers who provided medical service to an individual because of birth complications at a birthing center. The amendment was rejected with a roll call vote of 41 in favor and 48 opposed.

Delegates Summers, Tully, Dean, and J. Jefferies offered four amendments to House Bill 4643. The amendments were offered at the same time and if any of the first amendments were adopted then the others would not be considered.

The first amendment was withdrawn due to a technical amendment. It was almost a full repeal of certificate of need.

The second amendment would have repealed certificate of need for hospice, nursing homes and intermediate care beds, birthing centers, home health care, and personal services. The amendment was rejected with a roll call vote of 38 in favor and 59 against.

The third amendment would have repealed certificate of need for birthing centers and hospitals on their own campus. This would allow hospitals to expand services on their campus without having to go through outside processes. The amendment was rejected with a roll call vote of 38 in favor and 59 opposed.

The fourth amendment would have repealed certificate of need for birthing centers and hospitals inpatient services, such as increasing ventilators and adding additional OR suites. The amendment was rejected on a roll call vote of 37 in favor and 60 opposed.

Since all amendments were rejected, House Bill 4643 stands to only eliminate certificate of need for birthing centers.

The proponents of repealing certificate of need stated that certificate of need creates barriers in health care. They feel that repealing will create more competition and provide patients with options in health care.

Opponents of repealing certificate of need fear repealing won’t create more competition, but a monopoly of one health care provider throughout the entire state.

Delegate Pushkin offered an amendment to House Bill 4391, which was rejected 29 to 66.

Delegate Zukoff amended House Bill 4344 to provide the deadline of January 1, 2023, for the centralized intake study. The amendment was adopted on a voice vote.

Delegate Toney amend House Bill 4797 by adding the DOT shall create an Electric Vehicle Economic Plan to describe how NEVI funds will be used and it shall be resented to the interim Joint Committee on Government and Finance by July 1, 2022. The amendment was adopted on a voice vote.

Three bills were on first reading and advanced to second reading.

The House is adjourned until 11 a.m. Wednesday, February 23, 2022.

Committees – Today

The Committee on Health and Human Resources will meet at 3:45 p.m. in Room 215E.

The Judiciary Committee will meet at 4:30 p.m. in Room 410.

Committees – Wednesday, February 23, 2022

The Judiciary Subcommittee on Originating Bill will meet at 9:30 a.m. in Room 410.

The Judiciary Committee will meet at 10 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in 215E.

Senate Approves Bill Giving Glenville State University Status

During Tuesday’s floor session the Senate suspended the constitutional rules requiring a bill be read on three separate days, to complete action on House Bill 4264, which gives Glenville State University status.

In December of 2021, the school was approved to implement two graduate-level programs, a Master of Arts in Education and a Master of Arts in Curriculum and Instruction. The programs are set to begin in the fall 2022 semester and will mark the first time graduate-level coursework has been offered at Glenville State. The Higher Learning Commission had previously approved both programs in November 2021.

With those programs set to be implemented, Glenville has met the criteria of a certain percentage of PhDs. in its faculty and the number of graduate courses offered to become a university.

The move to university status has been previously approved by the state Higher Education Policy Commission, the Higher Learning Commission and the Glenville State College Board of Governors.

The bill passed on the same day the Senate adopted Senate Resolution 33, which recognizes the 150th Anniversary of Glenville State College.

The Senate has adjourned until tomorrow, Feb. 23, at 11 a.m.

Afternoon Meetings:

Health at 2 p.m. in 451M.

Energy at 2 p.m. in 208W.

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Worforce will meet Wednesday, Feb. 23 at 10 a.m.

House Education Advances Bill Allowing Students to Participate in Additional School Year

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The Education Committee met this afternoon.

House Bill 2806 allows for students that have been affected by COVID-19 to be allowed to complete another year of school, based upon academics, and remain with their parents another year, so long as they satisfy other necessary requirements. Students can repeat their 2021-2022 grade in the 2022-2023 school year. The students must apply, and the school district must have decided to allow students to participate in this additional year. School districts must decide for the entire district, not on the individual student. Students cannot lose a year of sports eligibility for repeating the school year. The bill advances to the Finance Committee.

House Bill 4510 requires the State Board of Education to administer a K-3 reading and math program. The goal is to improve the reading and math proficiency of students in grades K-3 of public, private, charter, and parochial schools in the state. Students who are in fourth grade and still deficient in these subjects will have targeted intervention. The bill advances to the floor.

House Bill 2092 requires each high school student to complete a one-half credit course in personal finance as a requirement for high school graduation. The course will teach checkbook balancing, credit cards, loans, and more. The bill advances.

House Bill 3073 establishes the West Virginia Emergency School Food Act that will encourage county school systems to look for innovative ways to provide assistance to students in need to access nutritious foods during summer break and other times when school is not in session. The bill requires each county school board to conduct an assessment of the availability of food to students to determine what food insecurities exist in the student population. The bill directs each county school board to compile and distribute a list of existing food providers in the community that will provide nutritious food to children with food insecurities on noninstructional or nontraditional remote learning days and includes public virtual school students. The bill directs the Office of Child Nutrition to help facilitate county school boards to coordinate and develop the public policy initiative of Feed to Achieve. The bill advances.

Originating House Bill relates to resident tuition rates for economic development participation. The bill advances.

House Passes Embie’s Law to the Senate

The House convened for the 41st Day of the 2022 Legislative Session.

Delegates recognized FFA students with House Concurrent Resolution 79. For more, click here.

The House concurred with the Senate to complete House Bill 3220 and House Bill 4308.

House Bill 3220 requires disclosure of information from state agencies, municipalities, counties, or county school districts that have contracted with an entity for consulting services related to lobbying.

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 to authorize law enforcement, guardians, and court and public agency personnel to disclose information and records for purpose of evaluation for Crime Victims’ Compensation Fund benefits.

The House adopted House Resolution 16, which commemorates the life and death of former House of Delegates member Gene A. Haynes.

Today, the House passed 12 bills.

House Bill 2798, Embie’s Law, requires newborn testing for mucopolysaccharidosis type 1 (MP1), a metabolic disorder. Although it is not curable, it can be treated if diagnosed in infants, allowing for a better quality of life.

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 4559 provides for the final disposition of unidentified and unclaimed remains in the possession of the Office of the Chief Medical Examiner

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

Eleven bills were on second reading today and will be up for debate tomorrow. House Bills 2096, 4262, and 4566 were amended on second reading. Twenty bills were read for the first time today.

The House is adjourned until 11 a.m. Tuesday, February 22, 2022.

Committees – Today

The Judiciary Committee will meet at 2 p.m. in Room 410.

The Select Committee on Coalfield Communities will meet at 2 p.m. in Room 434.

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

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committees – Tuesday, February 22, 2022

The Judiciary Committee will meet at 9:30 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

House Recognizes National FFA Week with Resolution

The House started Day 41 by recognizing FFA members from across the state, including the State FFA Officer Team. FFA students visited the Capitol today to kick off the start of National FFA Week. FFA is a national organization using agriculture education in middle and high schools to prepare students for successful leadership careers.

The House adopted House Concurrent Resolution 79, which designates February 21st as the official start day to National FFA Week in West Virginia. National FFA Week is for students, educators, alumni, and supporters to celebrate the continual growth of the organization and its role in the development of future leaders.

West Virginia has nearly 5,000 FFA members spread in 83 chapters across the 55 counties. The FFA’s SAE (Supervised Agriculture Experience) Program generates $3 million of revenue. FFA members log thousands of community service hours every year.

Delegate Pinson spoke on the resolution and called the FFA the state’s premier leadership training. Pinson stated his personal experience with the organization and noted that Speaker Hanshaw served as FFA State President.

Senate Passes Bill to Aid At-Risk Veterans

The Senate passed 19 bills on Monday, with legislation to help at-risk veterans receiving unanimous approval.

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.

The Senate is adjourned until tomorrow, Feb. 22, at 11 a.m.

Afternoon Meetings:

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

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Tomorrow Morning’s Meetings:

Military at 10 a.m. in 208W.

Transportation and Infrastructure at 10 a.m. in 451M.

Judiciary Committee Advances Autonomous Delivery Vehicle Bill

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The Judiciary Committee met this morning.

Senate Bill 452 permits civil action for unauthorized disclosure of intimate images. The bill provides for a civil action and provides for the plaintiff’s privacy. Criminal actions exist in code. This bill does not relate to the criminal code. It allows for civil action to be taken. The bill advances to the House.

House Bill 4675 authorities the operation of a low-speed autonomous delivery vehicle on certain streets and roads. The vehicles are electrically powered. The delivery system could be used for packages or even pizza delivery. The bill advances.

House Bill 4743 adjusts the duration of time a medical cannabis organization must retain video surveillance footage. Days requires can be up to 180 days. The bill advances to the floor.

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.

The Committee will take up Senate Bill 25 and Senate Bill 441 in its afternoon meeting.

The Committee is in recess.

Senate Bill 441 was pulled from the agenda due to possible conflicts with another bill which has passed and is now waiting on the Governor’s signature.

Senate Bill 25 updates the Medical Professional Liability Act. The MPLA is use when filing medical negligence or malpractice. There is a list of providers and facilities under the MPLA. The MPLA contains several prerequisites for filing against a health care provider. The bill reinstates and codifies a one-year statute of limitations for any cause of action for medical injury resulting in injury or death to a person alleging medical professional liability against a nursing home, assisted living facility, their related employees or entities or a distinct part of an acute care hospital providing intermediate care or skilled nursing care of its employees. The statute of limitations for all health care providers, except nursing homes, assisted living facilities and related entities or employees, is two years. In medical professional liability action against any other provider, the statue of limitations applicable to a cause of action against a health care provider whom notice was serviced for alleged medical professional liability shall be 120 days from the date of mail of notice of claim to 30 days following the receipt of a response to the notice of claim, from the date a response to the notice of claim would be due, or from the receipt by the claimant of a written notice from the mediator that the radiation has not resulted in a settlement.

Three Bills Discussed in Friday Afternoon Judiciary Meeting

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The Judiciary Committee met this afternoon.

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 and for the state to pursue primacy authorization for oversight and enforcement of laws for underground carbon dioxide sequestration. The bill advances to the floor.

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

Senate Bill 447 provides for a $5,000 tax credit for nurses to WV personal income tax liabilities.

Senate Passes Bill to Create Unemployment Fraud Unit

The Senate passed a bill Friday that would establish an unemployment fraud unit with within Workforce West Virginia.

Senate Bill 543 would create a division for investigating unemployment fraud and establishing training requirements for employees. The legislation authorizes the state’s unemployment commissioner to hire supervisory, legal and investigative workers to lead the way on inquiries when the unit has reasonable cause to believe fraud has occurred.

This action comes in response to a legislative audit that calculated that West Virginia paid out nearly $83 million in fraudulent unemployment claims during the Covid-19 pandemic.

Much of the fraud came from the incredible demand for benefit claims caused by the pandemic, as well as the structure that allowed people to certify their own pandemic unemployment claims.

During a meeting of the Senate Finance Committee early this week, Senators heard from former Workforce Director Chris McCauley. He shared that the the unit would help WorkForce submit subpoenas to get documents and financial information of people who submit fraudulent claims. According to testimony, state and federal law enforcement agencies are more likely to handle cases if WorkForce provides thorough reports to officials.

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

The Senate is adjourned until Monday, Feb. 21 at 11 a.m.