Blog – Page 78

Fentanyl Exposure Penalty Bill Advances to Senate

House Floor Session

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January 24, 2022

Fentanyl Exposure Penalty Bill Advances to Senate

Today, the House passed three bills, including House Bill 2184 and House Bill 2972.

House Bill 2184 increases the criminal penalties for intentionally exposing a government representative including EMS personnel to fentanyl or any other harmful drug or chemical agent. The bill sets guidelines for misdemeanor exposure and felony exposure. A misdemeanor exposure is intentionally possessing and exposing a government representative. A misdemeanor conviction carries a fine of no more than $500 or confinement to jail for one month to one year. A felony exposure is intentionally possessing and exposing a government representative to fentanyl or other harmful drug or chemical agent in which the representative is physically harmed by such drug or agent. A felony conviction carries a fine of no more than $2,000 and/or imprisonment in a state correctional facility for two to five years.

Proponents of HB 2184 stressed the importance of protecting the first responders, who protect us. Opponents spoke of the increasing incarceration rates and overcrowded prisons.

House Bill 2972 permits the manufacture of up to 100 gallons of home manufactured liquor per calendar year in households with two or more persons over 21 years of age for personal or family use. If there is only one person over the age of 21, then the household may only manufacture 50 gallons for personal use. The liquor manufactured under this section of code may not be sold or offered for sale. In West Virginia, law similar to this bill exists for beer and wine.

Several bills moved to third reading, including a couple relating to education.

House Bill 4065 requires hunter safety programs to be offered once per school year at every public middle school in the state and in public high schools where demand is sufficient.

House Bill 4074, Meghan’s Law, requires the state board of education to establish training requirements for public school employees on students’ self-harm behaviors and eating disorders. The bill requires yearly education of middle and high school students regarding self-harm behavior, eating disorder signs, prevention, and treatment.

House Bill 4252, the insulin co-pay cap bill, and House Bill 4276, the Parkinson’s disease registry bill, were on first reading today. The bills will be up for passage later this week. Here is more about these two bills.

The House is adjourned until 11 a.m. tomorrow, January 25, 2022.

Committees – Today

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

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

The Committee on Technology and Infrastructure will meet at 1:45 p.m. in the House Chamber.

The Select Committee on Coalfield Communities will meet at 2:30 p.m. in Room 434.

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

The Finance Committee will continue with budget hearings at 3 p.m. in Room 460.

Committees – Tomorrow, January 25, 2022

The Finance Committee will continue with budget hearings at 9 a.m. in Room 460.

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.

Senate Completes Action on First Bill of 2022 Session

Senate Floor Session

Christopher Marshall

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January 24, 2022

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Senate Completes Action on First Bill of 2022 Session

The Senate quickly concurred in the House amendments to SB8 on Monday, marking the first bill to complete action in the 2022 Regular Session.

The House had amended the bill to correct a code section reference in the legislation. Senate Bill 8 updates and continues the Savings and Investment Program Fulfillment Fund and WV College Prepaid Tuition and Savings Program Act by combining the boards and adding two board members. The legislation now heads to the Governor’s desk to await his signature.

Also on Monday, the body passed SB44, which requires the State Fire Commission to propose rules for sprinkler protection for certain new buildings, and SB60, which allows the state Board of Education to create and provide course in family and consumer sciences in secondary schools.

Finally, the Senate passed SB229, which requires an impact statement in certain instances of school closure or consolidation. Under the legislation, this impact statement requirement would only be waved in instances where a construction bond for a new school was passed by the voters.

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

The Senate is adjourned until tomorrow, Jan. 25, at 11 a.m.

Natural Resources will meet at 1 p.m. in 451M

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

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

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

Bill Requiring Electronic Agency Reports Advances to Senate

House Floor Session

Cheyenne DeBolt

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January 21, 2022

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Bill Requiring Electronic Agency Reports Advances to Senate

The House convened at 11 a.m. today. Two bills passed to the Senate, three advanced to third reading, one was amended, and several were on first reading.

Senate Bill 8 makes updates and continues the Savings and Investment Program Fulfillment Fund and WV College Prepaid Tuition and Savings Program Act by combining the boards and adding two more board members. The bill moves back to the Senate.

House Bill 4067 requires certain agency reports to be submitted electronically instead of in hard copy. The bill also eliminates certain agencies from reporting altogether per the recommendation of the Legislative Auditor’s Office. The bill moves to the Senate.

House Bill 2184 increases the criminal penalties for intentionally exposing a government representative including EMS personnel to fentanyl or any other harmful drug or chemical agent. The bill sets guidelines for misdemeanor exposure and felony exposure. A misdemeanor exposure is intentionally possessing and exposing a government representative. A misdemeanor conviction carries a fine of no more than $500 or confinement to jail for one month to one year. A felony exposure is intentionally possessing and exposing a government representative to fentanyl or other harmful drug or chemical agent in which the representative is physically harmed by such drug or agent. A felony conviction carries a fine of no more than $2,000 and/or imprisonment in a state correctional facility for two to five years. The bill was amended to exclude those protected by the Alcohol and Drug Overdose Prevention and Clemency Act. The bill advances to third reading.

House Bill 2972 permits the manufacture of up to 100 gallons of home manufactured liquor per calendar year in households with two or more persons over 21 years of age for personal or family use. If there is only one person over the age of 21, then the household may only manufacture 50 gallons for personal use. The liquor manufactured under this section of the code may not be sold or offered for sale. Amendments were offered and rejected. The bill advances to third reading.

House Bill 3303 provides that no appointment may be made to an unfilled vacancy after a primary election. The bill advances to third reading.

The House is adjourned until 11 a.m. Monday, January 24, 2022.

Committees – Monday, January 24, 2022

The Finance Committee will continue budget hearings at 9 a.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1 p.m. in the House Chamber.

The Committee on Veteran’s Affairs and Homeland Security will meet at 2 p.m. in Room 410.

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

Senate Passes Bill Relating to Precincts, Redistricting

Senate Floor Session

Christopher Marshall

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January 21, 2022

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Senate Passes Bill Relating to Precincts, Redistricting

The Senate met briefly Friday morning, passing SB253, which relates to voting precincts and redistricting.

The bill makes some tweaks to the redistricting process. The legislation states that the Census Bureau would now report findings to the Secretary of State rather than the Legislature’s Committee on Government Organization.

Senate Bills 459-464 were introduced and referred to appropriate committees.

The Senate is adjourned until Monday, Jan. 24 at 11 a.m.

Embie’s Law Advances to the HHR Committee

House Committee

Cheyenne DeBolt

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January 21, 2022

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Embie’s Law Advances to the HHR Committee

The House Committee on Senior, Children, and Family Issues met this morning and advanced two bills.

House Bill 2798, Embie’s Law, mandates newborn testing for mucopolysaccharidosis type 1 (MP1) a metabolic disorder, which can be treated if diagnosed in young infants. MP1 cannot be cured. Children with MP1 may experience developmental delays, behavior issues, cognitive challenges, and heart disease. Last session, the bill was passed out of the Senior, Children, and Family Issues Committee, but was not considered by the second reference committee. The bill advances to Health and Human Resources.

House Bill 2524 modifies the definitions of child abuse and neglect to exclude accidental injury. The bill advances to the Judiciary Committee.

Bill Requiring Video Cameras in Special Ed Classrooms Advances

Senate Committee

Christopher Marshall

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January 20, 2022

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Bill Requiring Video Cameras in Special Ed Classrooms Advances

A bill that would require video cameras to be placed and periodically reviewed by administrators in special education classrooms throughout West Virginia advanced from the Senate Education Committee on Thursday afternoon.

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 committee this afternoon. 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 bill was amended three times by the committee in an effort to make it stronger.

Senator Grady (R-Mason, 04) successfully amended the bill to require 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.

Senator Tarr (R-Putnam, 04) successfully amended the bill to take out language saying the video would be deleted after 90 days, allowing the school to keep the video if the technology allowed.

Finally, Senator Karnes (R-Randolph, 11) successfully amended the bill to require schools to keep the footage for 365 days. Karnes noted that there could potentially be some cost to schools to do this, but pointed out that the cost of storage with this technology is often fairly minimal compared to the overall cost and therefore, he did not see the amendment as an impediment for the schools to comply with the bill.

The legislation now heads to the floor for consideration by the full Senate.

Insulin Co-Pay Cap and Parkinson Registry Bills Advance from HHR Committee

House Committee

Cheyenne DeBolt

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January 20, 2022

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Insulin Co-Pay Cap and Parkinson Registry Bills Advance from HHR Committee

The House Committee on Health and Human Resources met this afternoon. Four bills were on the agenda, but House Bill 4257 was removed at the start of the meeting. The chairman said it would be on the agenda another day.

House Bill 4288 expands the practice of acupuncturists by adding into code that the board can determine who is eligible to engage in the practice of acupuncture. The bill also removes the requirement of “good moral character” and adds being free of a felony conviction. The bill advances to the Government Organization Committee.

House Bill 4252 reduces the copay cap on insulin and adds coverage on devices. Devices include test strips, glucometer, continuous glucometer, lancet, lancing device, and insulin syringes. The bill caps a 30-day supply of a covered prescription insulin at $35 and adds coverage capping copays for devices at $100, regardless of quantity or type of prescription insulin used to fill the covered person’s prescription needs. The bill moves to the House.

House Bill 4276 permits West Virginia University to create a Parkinson’s disease registry. Similar registries exist in four other states and all are new. The registry would help identify the number of West Virginia’s living with Parkinson’s disease. All patients will be notified of the registry. Patients who wish not to participate may opt-out in writing. The bill moves to the House.

House Bill to Increase Penalties for Fentanyl Exposure Moves to Second Reading

House Floor Session

Cheyenne DeBolt

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January 20, 2022

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House Bill to Increase Penalties for Fentanyl Exposure Moves to Second Reading

The House convened for Day 9 of the Legislative Session. Senate Bill 8 and House Bill 4067 were read for the second time and will be up for discussion and passage tomorrow.

Read for the first time were House Bills 2184, 2912, and 3303.

House Bill 2184 increases the criminal penalties for intentionally exposing a government representative including EMS personnel to fentanyl or any other harmful drug or chemical agent. The bill sets guidelines for misdemeanor exposure and felony exposure. A misdemeanor exposure is intentionally possessing and exposing a government representative. A misdemeanor conviction carries a fine of no more than $500 or confinement to jail for one month to one year. A felony exposure is intentionally possessing and exposing a government representative to fentanyl or other harmful drug or chemical agent in which the representative is physically harmed by such drug or agent. A felony conviction carries a fine of no more than $2,000 and/or imprisonment in a state correctional facility for two to five years.

House Bill 2972 permits the manufacture of up to 100 gallons of home manufactured liquor per calendar year in households with two or more persons over 21 years of age for personal or family use. If there is only one person over the age of 21, then the household may only manufacture 50 gallons for personal use. The liquor manufactured under this section of code may not be sold or offered for sale.

House Bill 3303 provides that no appointment may be made to an unfilled vacancy after a primary election.

The House is adjourned until 11 a.m. tomorrow, January 21, 2022.

Committees – Today

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

The Committee on Health and Human Resources will meet at 1 p.m. in the House Chamber.

The Finance Committee will continue budget hearings at 3 p.m. in Room 460.

The Education Committee will meet at 3 p.m. in Room 434 for a budget presentation.

Committees – Tomorrow, January 21, 2022

The Committee on Seniors, Children, and Family Issues will meet at 8 a.m. in the House Chamber.

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

The Finance Committee will continue budget hearings at 9 a.m. in Room 460.

Senate Passes Bill Relating to Appointment to Intermediate Court

Senate Floor Session

Christopher Marshall

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January 20, 2022

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Senate Passes Bill Relating to Appointment to Intermediate Court

The Senate passed SB244 on Thursday, legislation that corrects a typo in a bill passed last year, relating to initial appointment of judges to Intermediate Court of Appeals. The bill now heads to the House of Delegates.

Also on Thursday, Senate Bill 253, relating to voting precincts and redistricting, was read a second time. Five bills were read a first time.

The Senate is adjourned until tomorrow, Jan. 21, at 9 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.

Parent & Student Health Rights Act Advances to Judiciary

House Committee

Cheyenne DeBolt

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January 19, 2022

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Parent & Student Health Rights Act Advances to Judiciary

The House Education Committee met this afternoon. The committee’s agenda has four bills on it and all bills have advanced.

HJR 102 requires the state board of education to be subject to rule-making review. If passed the proposed amendment would be voted on in the 2022 general election. The resolution advances to the Judiciary Committee.

HB 4071 creates a Parent and Student Health Rights Act. The act states that public schools shall not impose a mandate on any student or employee or impose a testing or quarantining mandate if the student or employee is asymptomatic. The bill relates only to COVID-19. The bill advances to the Judiciary Committee.

House Bill 4074 requires schools to establish a program in public schools to provide training and awareness for school personnel and students on self-harm behavior and eating disorder awareness, prevention, and treatment resources. The bill, Megan’s Law, requires schools disseminate information relating to self-harm behavior and eating disorders to students to make them aware of resources available to them. The bill advances to the full House.

House Bill 4065 provides for regular classes in a hunter safety orientation program to be conducted in schools across the state. The bill advances to the full House.