Monday, August 18, 2025
Monday, August 18, 2025
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Senate Passes Two Bills During Wednesday Floor Session.

The Senate passed two bills during a brief Wednesday morning floor session.

Senate Bill 138 would reduce the West Virginia Board of Medicine by one member. In order to conform with proportionality principles of the board, one podriatic physician member would be eliminated.

Senate Bill 492 relates to electronic collection of tolls.

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

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

Pensions will meet at 2 p.m. in 451M.

Agriculture will meet at 2 p.m. in 208W.

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

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

Remarks Returns to House Today

It was a brief session today in the House with no bills on third reading. Up for passage tomorrow is House Bill 4311.

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.

Action was postponed on House Bill 4111.

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 bill was amended in committee so that both a PA and an APRN cannot 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.

Remarks by Members returned to the House today. Every Wednesday at the end of business, delegates will be able to discuss topics important to them, their district, and the state. Today’s topics included Black History Month, great Black West Virginians, the Constitution, House Bill 4365, concerns of district, and the budget surplus.

The House is adjourned until 11 a.m. on tomorrow, February 3, 2022.

Committees – Today

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 Committee on Small Business, Entrepreneurship, and Economic Development will meet at 1:30 p.m. in Room 410.

The Committee on Coalfield Communities will meet at 2 p.m. in Room 460.

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.

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

Committees – Tomorrow, February 2, 2022

The Committee on Political Subdivision will meet at 8:30 a.m. in Room 410.

The Finance Committee will meet at 9:30 a.m. in Room 460.

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

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

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

House Health Rejects Bill Eliminating CON in Health Care

The House Health and Human Resources Committee met this afternoon at 2:30 p.m. The Committee passed several legislative rules.

The Committee began a long discussion on House Bill 4013, which eliminates the certificate of need (CON) program for health services.

Dr. Patch Adams spoke with the committee stating that the certificate of need is more of a business document. He stated that health care shouldn’t be focused on money and business; its focus should be on care and giving people the best care possible. He said as a doctor “to care for another human being is to be rich, in the true sense of the word.”

Another speaker stated that the state would have more birthing centers if the CON was repealed. She spoke of several instances where individuals wanted to open birthing centers but couldn’t because of the CON requirements. These individuals either opened their business in another state or went a different direction.

One presenter stated that West Virginia could have 20 to 25 new hospitals if CON was repealed.

Proponents stated that CON is ineffective at regulating costs, limits access to care, and stands as a barrier to health care entry. Currently, Urgent Cares require a CON, which makes it difficult to get 24-hour walk-in care facilities in West Virginia. The presenter spoke of how he was denied opening a walk-in facility because it didn’t meet the requirements of CON. He appealed it and ended up dropping the case. He also attempted to open an imaging center and it was also denied. He has appealed it and the case is still in court.

Opponents argued that the competition puts patients at risk of lower quality of health care and drive large hospitals out of business.

A fiscal note has been requested but has not been received yet.

House Bill 4013 was amended. However, the bill was rejected in committee (10-12).

Bill Strengthening Penalties for Unauthorized Posting of Intimate Photos Passes Senate

The Senate passed SB452 on Tuesday, a bill that would permit civil remedies for unauthorized disclosure of intimate images or video showing sexual organs or a person engaging in sexual contact when the image was created or obtained when the subject had a reasonable expectation of privacy.

A person whose private images have been shared, and who suffers harm from the action of the images’ disclosure without their consent could sue for the greater value of economic and non-economic damages or statutory damages up to $10,000. They could also receive an amount equal to any monetary gain made by the defendant from the disclosure of the image or video, as well as punitive damages.

The law creates exceptions for when the image or video is shared for law enforcement or legal purposes, for medical treatment or education, and if someone had good faith in reporting or investigating the matter.

Under the bill, lawsuits must be filed within four years of the incident and the victim’s identity can be sealed from the public record with a court order.

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

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

Education will meet at 2 p.m. in 451M.

Government Organization will meet at 2 p.m. in 208W.

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

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

Workforce will meet tomorrow at 10 a.m. in 208W.

 

 

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.