Blog – Page 71

Senate Passes “Best Interests of the Child Act”

Senate Floor Session

Christopher Marshall

-

February 24, 2022

Senate Passes “Best Interests of the Child Act”

The Senate passed a bill Thursday that would require courts to consider whether fifty-fifty custody would work out for children and families.

Senate Bill 463 would have deliberations in family courts begin with a presumption of fifty-fifty custody, analyze whether that is realistic and, if it isn’t, lay out the reasoning as to why it is not possible.

The legislation 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 reached an agreement on parenting time, or if one of the parties does not request any specific custody arrangement.

Other exceptions would be 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.

Supporters of the bill said it provides the family court judges with enough flexibility to decide what is best for the children. Opponents of the bill conceded that in an ideal world, fifty-fifty would be best, but noted that life rarely plays out in ideal circumstances. They believe that with such emotional, competing interests, the judge should have full discretion.

The bill passed on a 25-9 vote. The legislation now heads to the House of Delegates for consideration.

The Senate is adjourned until Friday, Feb. 25, at 11 a.m.

Afternoon Meetings:

Health at 1:30 p.m. in 451M.

Energy at 1:30 p.m. in 208W.

Education at 2:30 p.m. in 451M

Government Organization at 2:30 p.m. in 208W.

Finance at 3:30 p.m. in 451M.

Judiciary at 3:30 p.m. in 208W.

Tomorrow morning meetings:

Health at 9 a.m. in 451M.

Banking and Insurance at 10 a.m. in 451M.

Four Bills Passed on Day 44

House Floor Session

-

February 24, 2022

0

The House convened for Day 44 of the 2022 session.

The House Rules Committee met this morning, advancing SCRs 6, 17, 27 and HCR 89 to the House Floor. The Committee also moved Senate Bill 25 from the Special Calendar to the House Calendar. The Committee moved House Bill 4105 and House Bill 4331 to the Special Calendar.

The House concurred with the Senate on three bills, completing two and amending one.

House Bill 4299 prohibits certain intentional actions obstructing or interfering with a voter.

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

House Bill 3303 clarifies that no appointment to an unfilled vacancy may be made after a primary election. The bill was amended further.

Committee references for Senate Bill 639 were dispensed of and it was read a first time.

Four bills passed the House.

House Bill 4105 provides that county BOE must consider any bus driver candidate who is certified as a Director or Supervisor of Pupil Transportation by the National Association for Pupil Transportation Certification. The bill was amended to state anyone who provides training or evaluation of bus drivers must also be certified as a bus driver. The individual may be hired without the certification, but must earn the certification in the first year of employment.

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

House Bill 4627 permits no more than two licensed laboratories to perform testing under the West Virginia Medical Cannabis Act until January 1, 2025. The purpose of this bill is to allow the two companies who have invested millions to do medical cannabis testing at the request of the DHHR to see a return.

House Bill 4712 requires the 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.

The House is in recess until 5 p.m. today.

Committees – Today

The Committee on Health and Human Resources will meet at 1:30 p.m. in Room 215E.

The Judiciary Committee will meet at 2:30 p.m. in Room 410.

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.

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

Committees – Friday, February 25, 2022

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.

Anti-Stereotyping Bill Discussed, No Action Taken in Judiciary

House Committee

Cheyenne DeBolt

-

February 24, 2022

0

Anti-Stereotyping Bill Discussed, No Action Taken in Judiciary

House Judiciary met this morning.

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 county, municipal, and state funds. The bill advances

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

House Bill 4753 prohibits locating temporary homeless encampments within 1,000 feet of a school or licensed daycare facility. The bill provides a private right of action to enforce this prohibition. The bill advances to the House floor. There will be a public hearing before the bill is considered on the House floor.

House Bill 4595 establishes a program for camera-assisted speed enforcement in active work zones to be implemented by the WV DOT. Debate will continue this afternoon.

The Committee is in recess and will continue its agenda this afternoon.

The Judiciary Committee continued discussion on House Bill 4595 when it reconvened. The cameras would only be triggered if a driver was going more than 10 miles an hour over the posted speed limit while workers are present. The cameras would be on highways and byways.

After a long discussion, the bill advanced to the floor as amended.

House Bill 4373 excludes fentanyl test strips from the definition of drug paraphernalia. The bill advances to the floor.

House Bill Originating, relating to distribution and exhibition of material depicting minors engaged in sexually explicit conduct, clarifies individuals involved in prosecuting any individual accused of distributing this material cannot be accused of the same crime when providing evidence to experts in court. The bill advances.

House Bill 2136 grants counties and municipalities a portion of the net terminal income from racetrack video lottery. The bill advances to Finance.

House Bill 4011 requires schools or county boards of education to post on websites all training material used for school personnel training on all matters of nondiscrimination, diversity, equality, inclusion, race, ethnicity, sex, or bias.

The bill requires all instructional or curricular materials concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex or bias be posted on the website and identify the title, author, organization, and website associated with the material, a brief description of material, a link to the material, and name of the teacher who created the material.

The bill reiterates a county board, public school, public charter school, or any employee thereof, may not, in the course or scope of employment, promote, embrace, or endorse stereotypes based on race, sex, ethnicity, religion, or national origin.

The bill will voted on another time, as the Committee had to adjourn for the evening Floor Session.

Senate Passes 16 Bills

Senate Floor Session

Christopher Marshall

-

February 23, 2022

0

The Senate passed 16 bills during Wednesday’s floor session.

Senate Bill 643 removes residency requirements of members appointed to the county airport authority

Senate Bill 650 eliminates the number of royalty owners required for utilization by operator for lawful use and development by co-tenants.

Senate Bill 651 allows county Boards of Educations participating in operation of multi-county vocational centers to withdraw.

Also on Wednesday, the body adopted Senate Resolution 38, which reaffirms and supports the bilateral trade agreement between the United States and Taiwan.

The Senate is adjourned until tomorrow, Feb. 24, at 11 a.m.

Finance will meet at 3:15 p.m. in 451M.

Judiciary will meet at 3:15 p.m. in 208W.

House Passes CON Repeal for Birthing Centers and Opioid Treatment Programs

House Floor Session

Cheyenne DeBolt

-

February 23, 2022

0

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

House Floor Session

Cheyenne DeBolt

-

February 22, 2022

0

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

Senate Floor Session

Christopher Marshall

-

February 22, 2022

0

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

House Committee

Cheyenne DeBolt

-

February 21, 2022

0

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

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

House Floor Session

Cheyenne DeBolt

-

February 21, 2022

0

The House convened for the 41^st 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

House Floor Session

Cheyenne DeBolt

-

February 21, 2022

0

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 21^st 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.