Monday, May 12, 2025
Monday, May 12, 2025
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House Passes Bill to Terminate Board of Hearing-Aid Dealers and Fitters

The House of Delegates convened this morning.

Senate Bill 244 completed legislative action. The bill corrects a typographical error in The WV Appellate Reorganization Act by stating members of the court will be selected, not elected. The bill also enacting dated shall be applied retrospectively to December 27, 2021.

A total of six bills were passed, with Senate Bill 244 being completed. Other bills included:

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

The House is adjourned until 11 a.m. on tomorrow, February 2, 2022.

Committees – Today

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

The Committee on Health and Human Resources will meet today at 2:30 p.m. in Room 215E.

Committees – Tomorrow, February 2, 2022

The Committee on Banking and Insurance will meet at 9 a.m. in Room 460.

The Committees on Prevention and Treatment of Substance Abuse will meet at 9:30 a.m. in Room 434.

The Committee on Political Subdivisions will meet at 9:30 a.m. in Room 410.

The Workforce Committee will meet at 1 p.m. in Room 215E.

The Committee on Fire Departments and EMS will meet at 1 p.m. in Room 434.

The Judiciary Committee will meet at 3 p.m. in Room 410.

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.

Judiciary Committee Advances Four Bills this Morning

The House Judiciary Committee met this morning.

House Bill 3043 removes current law that requires a sheriff to be responsible for the transportation of a person accused of mental illness during a hearing.

Senate Bill 435 awards the service weapon of a retiring Division of Protective Service member to the retiree without charge when the retiring member honorably retires.

Senate Bill 437 authorizes the Commissioner of the Division of Corrections and Rehabilitation or designee to request early discharge of a parolee after a minimum of one year on parole.

Senate Bill 449 clarifies that the Nonviolent Offense Parole Program is not available to offenders who are servicing a sentence aggregated either consecutively or concurrently with an offense that is a crime of violence against a person or animal, as well as felony-controlled substance offense, a felony firearm offense, nor a felony where a victim was a minor child.

The sub-committee on House Bill 4006 (the criminal code rewrite) will meet at 9 a.m. on Tuesday, February 8, 2022.

Senate Passes Bill Requiring Video Cameras in Special Ed Classrooms

The Senate passed a bill Monday that would require require video cameras to be placed and periodically reviewed by administrators in special education classrooms throughout West Virginia.

The need for Senate Bill 261 became clear last fall when Trenton Bowden, 9, was abused in his special education classroom at Holz Elementary School in Charleston, WV. If there had not been video evidence of the abuse in the classroom, it may never have been discovered.

The parents of Trenton, Craig and Beth Bowden, testified before the Senate Education committee on Jan. 20. They described multiple instances seen on the video of their son and other students being thrown to the floor by their hair, slapped, and verbally abused. Many of the students are nonverbal or cognitively delayed, and thus are incapable of reporting the abuse themselves.

The legislation requires a specific school administrator or county designee to review video footage of these classrooms for no less than 15 minutes, no less than every 90 days. It also requires schools to keep the footage for 365 days, where technology allows.

The bill passed on a unanimous 34-0 vote and now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow at 11 a.m.

Senate Judiciary will meet at 3 p.m. in 208W.

Senate Finance will meet at 3 p.m. in 451M.

Senate Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M.

 

Nuclear Power Plant Ban Removal Heads to Governor

The House convened this morning at 11 a.m.

Eight bills were passed. Senate Bill 4 was completed.

Senate Bill 4 removes the ban on constructing nuclear power plants in West Virginia. Bordering states have nuclear power plants. It was stated that West Virginia already has action plans in place in case of an issue from one of the bordering states. Proponents expressed support because it is a carbon-free energy source and will allow for the economic diversity of the state. Opponents were concerned with regulations and the cost of having nuclear power in the state. The chair of the Government Organization pointed out this does not implement anything. It removes a ban, and it will take years before nuclear power would be in the state. He said this allows for the conversation to happen. In the conversation, cost, regulations, and details can be sorted. The bill completed the legislative action and will be sent to the Governor.

House Bill 4263 prohibits the practice of white bagging, which is when health insurance providers do not allow physicians to prescribe and administer a specialty drug. It requires a third-party pharmacy to be involved in providing the medication to the physician then it can be administered to the patient. This will eliminate the supply chain problems with pharmaceuticals and the chain of custody. It will improve efficiency and allow hospitals to do their job.

Six bills were read for the second time today.

House Bill 4286 exempts attorneys from the civil service system. An amendment was offered and rejected.

House Bill 4312 allows first responders to vote by electronic absentee ballot in certain emergency circumstances. An amendment was offered and rejected.

The House is adjourned until 11 a.m. on tomorrow, February 1, 2022.

Committees – Today

The Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. in Room 410.

The Pension and Retirement Committee will meet at 1 p.m. in Room 460.

The Sub-Committee on House Bill 4001 will meet at 1 p.m. in 215E.

The Committee on Technology and Infrastructure will meet at 1:45 p.m. in 215E.

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

The Judiciary Committee will meet at 3 p.m. in Room 410.

Committees – Tomorrow, February 1, 2022

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

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

 

Judiciary Committee to Continue with Expungement Bill on Monday

The Judiciary Committee met after today’s floor session.

House Bill 4111 reorganizes the statute by removing advanced practice registered nurses from the physician assistants practice act and moves them to the section of code relating to registered professional nurses. The bill states an advanced practice registered nurse may prescribe no more than a 3-day supply of a schedule II drug. The committee amends the bill so that both a PA and an APRN can not prescribe Schedule I drug and may prescribe a 3-day supply of a schedule II drug. No other limitation may be placed on a PA’s or APRN’s prescribing abilities under this bill. The amended bill advances.

House Bill 4311 makes it a felony offense for a person to knowingly vote (or attempt to vote) when not legally entitled to do so. The bill prohibits voting (or attempting to vote) more than once in any election, whether in West Virginia or between WV and another state. The felony conviction of carries a fine of not more than $10,000 and/or imprisonment for one to ten years. The bill advances to the floor.

A committee originating bill was introduced today. It amends current law for expungement of acquitted persons. Currently, if a person is acquitted or their case is dismissed with prejudice, the person must petition the court. This bill would create a mechanism for expungement for these situations with no action by the person. A person with a prior conviction of a felony is not eligible under this section of the code. The bill will be on Monday’s committee agenda for consideration.

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

Senate Passes Four Bills in Quick Friday Session

The Senate met briefly on Friday, quickly passing four bills before adjourning for the weekend.

Senate Bill 246 requires that newly constructed public schools and public schools with major improvements must have water bottle filling stations. 

Senate Bill 431  relates generally to the Uniform Controlled Substances Act and specifically seeks to clarify the phrase “engaged in the illegal use of a controlled substance.”

Under the legislation “engaged in the illegal use of a controlled substance” means being in the physical presence of a person engaged in illegal drug use and participating in illegal drug use or knowingly facilitating the illegal drug use by the other person.

This bill would make it a felony to knowingly fail to render aid when in the presence of someone experiencing a drug overdose. One has to be in the physical presence of the person overdosing and be using or facilitating this drug use for the law to apply.

As spelled out in the legislation, if the person renders aid they would be immune from prosecution from possession and drug use charges. A dealer would not be immune from prosecution on intent to distribute under this legislation.

Senate Bill 435 would allow the Division of Protective Services to award to a member his or her service weapon if retiring honorably with at least 10 years of service or if less than 10 years, when the member has been totally and physically disabled as a result of their service.

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

These bills now head to the House of Delegates for consideration.

The Senate is adjourned until Monday, Jan. 31 at 11 a.m.

Remarks by Members Returns to the House

The House convened today at 9 a.m.

House Resolution 9 was amended and adopted. The resolution moves remarks by members back to the House Order of Business. The resolution allows remarks by members to be on Wednesday each week for an unlimited amount of time.

Last year, due to the pandemic remarks were removed from the order of business and offered in the evening once a week. This resolution simply brings the remarks back into the floor session while still limiting it to once a week.

Six bills were passed today, including House Bill 4024 and House Bill 4301.

House Bill 4024 creates an apprenticeship program for cosmetology to allow companies to train apprentices for practical real-world experience. The apprenticeship would satisfy all requirements for certification. Barbers are already in a similar apprenticeship program. The bill advances to the Senate.

House Bill 4301 removes the partisan requirement to the election of members to the Huntington Park and Recreation District Board. Removing this requirement will allow for a larger pool of candidates for the board. The composition of the board is based on magistrate districts. Recently, Cabell County went from a five-district magistrate to a three-district magistrate. The bill states that three members shall be elected from each magistrate district and one member shall be elected from the Westmoreland area of Wayne County for a total of 10 members. The bill also adds staggered elections for the board to allow for continuity. The reason this is a state issue is that the Hunting Park and Recreation District spans two counties, not just one. Therefore, it is required to be in state code. The bill advances to the Senate.

The House is adjourned until 11 a.m. Monday, January 31, 2022.

Committees – Today

The Committee on Senior, Children, and Family Issues will meet at 10:30 a.m. in Room 215E.

The Judiciary Committee will meet at 11 a.m. in Room 410.

Public Hearing – on HB 2882 -Relating to repealing a ban on construction of nuclear power plants on today at 10:40 a.m. in the House Chamber.

Committees – Monday, January 31, 2022

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

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

The Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. in Room 410.

The Pension and Retirement Committee will meet at 1 p.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1:45 p.m. in 215E.

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.

Robert S. Kiss Honored on House Floor Tonight

The House of Delegates adopted House Resolution 10 on January 27, 2022. Kiss’s wife, Melinda was escorted by former several former House speakers and the Raleigh County senator and delegation to be presented the resolution.

House Resolution 10 commemorates the life of former House Speaker Robert S. Kiss, who passed away on November 5, 2021.

Robert Stephen Kiss was born in Elizabeth, NJ and raised in a military family, living all over. He attended Ohio State University, receiving his bachelor’s in economics in 1979 and his J.D. in 1982. After graduating, Kiss moved to Raleigh County and began practicing law.

Kiss was a devoted father and husband. He always said his greatest achievement in life was his marriage to Melinda and the birth of his two sons, Cameron and Carter.

In 1988, Kiss was elected to the House of Delegates from Raleigh County. He would serve 18 years in the House. With his experience with economics, finance, and law, he was appointed the vice chair of the Finance Committee in his second term as a delegate. Two years later, he was serving as Chair of the Finance Committee. He served as Chair until elected speaker in 1997.

During his tenure as House Speaker, the legislature accomplished so much including, funding roads and highways, developing water and sewer systems, funding higher education scholarships, funding a children’s health program, improving the state’s credit rating, creating the state’s Rainy-Day Fund, and so much more. He never took personal credit for these accomplishments. He always credited the full body.

After 18 years of public service, 10 of which were as speaker, the longest term served, Kiss retired from public service returned to private law. In 2013, Kiss returned to public service as part of Governor Tomblin’s administration to serve as the Cabinet Secretary of Revenue, where he stayed until 2016.

Kiss was a distinguished West Virginian, a devout Catholic, and a kind and compassionate friend. Often the smartest in the room, he had a love for practical jokes. He often joked that if a memorial resolution for him was ever presented it should end with “And he loved dogs.” And so, it did.

Legal Rights to Material from Mine Drainage Treatment Established in HB 4003

The Committee on Energy and Manufacturing met this afternoon, advancing several bills.

First to be consider was House Bill 4003, which establishes a clear legal right of 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. The bill was amended and advanced to the Judiciary Committee.

House Bill 4025 expects severance taxes on rare earth elements for fives years to encourage economic development. The bill was amended and advanced to Finance.

The final four bills on the agenda authorize the DEP to creates laws relating to Ambient Air Quality Standards, Standards of Performance for New Stationary Sources, Control of Air Pollution from Combustion of Solid Waste, and Emission Standards for Hazardous Air Pollutants.

Nuclear Power Plants Bill Advances with Public Hearing Tomorrow

The House convened this morning.

In the Rules Committee, House Bill 2882 was moved to the House Calendar. Its companion bill Senate Bill 4 was read for the first time today. A public hearing on the subject of the bill will be held tomorrow, Friday, January 28, 2022, at 10 a.m. in the House Chamber.

Senate Bill 4 repeals the law which bans the construction of nuclear power plants.

House Bill 2562 amends code relating to littering to provide specific misdemeanor and civil penalties for commercial waste improperly disposed of in the state. The bill was amended on the floor.

House Bill 2562 Amendments: HFA 1, HFA 2

House Bill 4024 provides cosmetologists the same opportunities as barbers by allowing them to participate in apprenticeship programs to stratify requirements for certification.

House Bill 4301 advanced with the right to amend. The bill reforms the membership requirements of the Greater Huntington Park and Recreation District.

The House is in recess until 6:45 p.m.

Committees – Today

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.

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

Committees – Tomorrow, January 28, 2022

The Committee on Jails and Prisons will meet at 8 a.m. in Room 410.

The Committee on Senior, Children, and Family Issues will meet at 11 a.m. in 215E.

The House reconvened at 7 p.m. to commemorate the life of former Speaker Robert S. Kiss and hear the Governor’s State of the State address.

The House is adjourned until 9 a.m. tomorrow, Friday, January 28, 2022.