The Senate completed legislative action Friday on a bill that would ban certain food dyes and additives in West Virginia.

House Bill 2354 would ban specific food additives and dyes found in processed food products sold in the state, such as red dye No. 3 and yellow dye No. 5, deemed to be unsafe. Other additives that would be prohibited include butylated hydroxyanisole, propylparaben, red dye No. 40, yellow dye No. 6, blue dye No. 1, blue dye No. 2, and green dye No. 3.

The Senate amended the bill last week to make Jan. 1, 2028, the effective date of the bill. However, restrictions in the legislation would prohibit the inclusion of these dyes and additives in meals served in schools, as part of nutrition programs, beginning Aug. 1. According to the bill, schools would still be able to sell non-compliant items for fundraising purposes if sold off-premises or after school hours.

Under the legislation, individuals who knowingly contaminate food items for sale containing the banned food dyes and additives without informing the buyer could be charged with a misdemeanor and face potential fines up to $500, spend up to one year in prison or both, while also covering the costs of analyzing the substance.

Supporters of the bill point to evidence of health concerns generally, as well as behavioral impacts in children that are associated with these dyes and additives.

Opponents of the bills say that replacing currently available food products with products without the dyes and additives would make those items more expensive and less available.

A House amendment to the bill yesterday, protects individuals in the state from criminal provisions in the bill as long as they sell less than $5,000 in aggregate food sales per month from products containing the banned food additives and dyes. The intention of that amendment was to protect mom and pop retailers.

The Senate agreed with that amendment on Friday and sent the bill to the Governor’s desk to await his signature.

The Senate is adjourned until Monday, March 17, at 11 a.m.

Morning Meetings for Monday, March 17:

Gov. Org. at 9:30 a.m. in 208W

Today, the House of Delegates passed five bills, committed a bill to the Rules Committee, and postponed action on another.

House Bill 2513 enhances training for county board of education members by increasing the number of training hours to 12, setting a training deadline, and updating the training material.

House Bill 2516 repeals antiquated and inoperative sections of the education code including Vision 2020, provisions related to Cedar Lakes, which is now within the Department of Agriculture, college and career readiness, statewide textbooks, and instructional material – now handled at the county level, School Innovation Zone Act, and obsolete language relating to vo-tech education.

House Bill 2635 requires classrooms to be split as evenly as possible with aide coverage when needed to ensure a better teacher/pupil ratio and provide students with one-on-one time with teachers and aides.

House Bill 2742 removes obsolete language and creates a certificate of public necessity waiver for projects reviewed and approved by the Infrastructure and Jobs Development Council.

House Bill 3017 requires the county clerk to inspect voting equipment a week before the election to ensure it is not connected to the internet. The bill also requires the Secretary of State to randomly check ten percent of equipment randomly throughout the state.

House Bill 2043 was committed to the Rules Committee. The bill would allow the use of drones for locating mortally wounded wildlife.

House Bill 2143 was postponed one day.

Resolutions introduced today can be found here.
Bills introduced today can be found here.

The House is adjourned until 11 a.m. Monday, March 17, 2025.

Committee Meetings, Today March 14

• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E
• The Committee on Education will meet at 2 p.m. in Room 432M.

Committee Meetings, Monday March 17

• 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 Finance Committee will meet at 1 p.m. in Room 460.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.

The House Judiciary Committee met this morning.

Committee Hearing

House Bill 3082 requires any inmate found to have exhibited signs of drug addiction or abuse to participate in appropriate support services for a minimum of 60 days after release.

House Bill 2664 was committed to the Standing Committee of Judiciary. It was originally in the Subcommittee on Courts.

Markup & Passage

House Bill 3154 was reconsidered. The bill would remove restrictions on advertising for limited video lottery operators. It advanced to the floor with 14 in favor and 9 opposed.

House Bill 2056 addresses concurrent juvenile jurisdiction and allows the transfer of exclusive federal legislative jurisdiction back to the state with respect to juveniles.

House Bill 2397 prevents two immediate family members from acting in a fiduciary capacity for the same governmental authority.

House Bill 2679 provides guidelines for reinstating sheriff’s deputies to their former departments after retirement.

House Bill 3089 mandates using the Electronic Lien and Title System for lienholders with more than five liens.

House Bill 3190 expands the offense of public intoxication to persons intoxicated by controlled substances.

Senate Bill 336 is a rule bundle for Homeland Security. It includes 6 rules for the Governor’s Committee on Crime Delinquency and Correction, the Division of Protection Services, the State Emergency Response Commission, and the WV State Police.

The Health and Human Resources Committee met this afternoon.

Committee Hearing

House Bill 2776 requires positive results of alpha-gal syndrome to be reported to the Centers for Disease Control and Prevention. Some states already report alpha-gal to the CDC. Alpha-gal is caused by a tick, usually a Lone Star tick. The body develops antibodies against the alpha-gal. The alpha-gal can cause an allergy to a sugar molecule in red meat and other mammal products. Reporting will help track how widespread the disease is in the state.

House Bill 2598 requires parents and guardians to participate in programs for juveniles in an out-of-home placement.

House Bill 2349 requires licensed treatment programs to offer long-acting reversible contraception to female patients recovering from addition to new and current patients. The goal of providing this is to lower the number of children born with Neonatal Abstinence Syndrome.

House Bill 2503 improves the foster care clothing allowance program by providing reloadable purchasing cards.

House Bill 2377 requires reports to centralized intake for child welfare to be retained for at least 12 months, including audio files. The bill also provides the Foster Care Ombudsman access to reports. The bill updates child welfare data reporting. It also creates the Critical Incident Review Team to review fatalities and near fatalities involving children in the child welfare system.

House Bill 2027 updates the circumstances when a child may be removed from foster care. The bill changes the time to be a permanent placement from 18 months to 6 months. The goal of this is to prevent children from bouncing from foster home to foster home before reunification or adoption.

House Bill 2880 defines a “parent resource navigator” in code. It is an individual established through the Court Improvement Program or the Public Defender Services assisting a parent or parents through the requirements to be unified or reunified with their child or children.

House Bill 2934 requires the Department of Human Services to prioritize housing applications for foster children who have turned 18 years of age and are transitioning from foster care.

The Senate passed one bill relating to the military, and completed action on another during Thursday’s floor session.

The completed bill, House Bill 2053, would include “United States Space Force” in the definition of “armed forces.” This bill now heads to the Governor’s desk to await his signature.

Senate Bill 658 would prohibit certain people from receiving compensation for advising or assisting with veterans’ benefits. The legislation creates the Safeguarding American Veteran Empowerment Act. The bill prohibits certain exorbitant fees from being charged for services related to certain veteran benefit claims. Private entities can still submit claims on behalf of a veteran under this proposed legislation, but they must do so while adhering to federal law. This bill now heads to the House of Delegates for consideration.

The Senate has adjourned until tomorrow, March 14, at 11 a.m.

Afternoon Meetings:

Energy at 12:30 p.m. in 208W

Health at 1 p.m. in 451M

Economic Development at 1 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Sub Comm on HB2129 following Judiciary in 208W

Today is the halfway point of the 2025 Legislative Session. For Day 30, the House concurred with an amendment on one bill, postponed action on another, rejected one bill, and passed 8 bills, two of which completed legislative action.

The amended House Bill 2354 was received during Senate messages. The bill bans butylated hydroxyanisole, propylparaben, Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6 from foods sold in West Virginia. The Senate amendment makes the bill effective starting in 2028. The bill also bans the foods from being provided in school lunches beginning in August 2025. The House further amended the bill to state it does not apply to persons selling food in the state making less than $5,000 per month. House Bill 2354 heads back to the Senate for concurrence.

House Bill 2719 was rejected with 41 in favor and 54 opposed. The bill would have allowed membership organizations and domestic corporations to make political contributions of up to $250 if the business’s name, address, and type were disclosed. The bill also allowed for a corporation or membership organization contribution to be used for the debt of a candidate committee. However, with over half of the body opposing the bill, it will not move forward.

Senate Bill 443 and Senate Bill 462 completed legislative action. Both bills require boards to conduct criminal background checks for compact privileges of practice. Senate Bill 443 addresses the Board of Examiners for Speech-Language Pathology and Audiology. Senate Bill 462 addresses the Board of Occupational Therapy.

Senate Bill 291 extends the time frame for pharmacies to register with the Board of Pharmacy to biannually.

House Bill 2131 gives the Legislature legal standing against state officials or election officials who make unauthorized changes to election law.

House Bill 2164 allows public and private schools to employ school safety officers. SSOs are former law enforcement officers who maintain order and discipline, prevent crime, investigate violations of the policies, and reasonably detain any individual committing an offense that constitutes a breach of the peace. The bill does not give SSO arresting authority. They are expected to undergo training and are authorized to carry a firearm. The bill also includes the WV Guardian Program, which allows former law enforcement to contract independently with county boards of education to provide safety/security on school grounds.

House Bill 2165 allows disabled Purple Heart recipients to park for free at municipal metered parking. They must have the notation on their license plate.

House Bill 2387 repeals the class A1 Pistol stamp for hunting.

House Bill 2659 adds a special permit for a non-profit entity to be a qualified permit holder in a PODA.

House Bill 2043 was postponed one day.

Bills introduced can be found here.

The House is adjourned until 11 a.m. tomorrow, March 14, 2025.

Committee Meetings, Today March 13

• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Higher Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Banking and Insurance will meet at 3:30 p.m. in Room 460.
• The Subcommittee on Environment, Infrastructure, and Technology will meet immediately after EPW in Room 410.

Committee Meetings, tomorrow March 14

• The Appropriations Subcommittee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Rules Committee will meet at 10:45 a.m. in the Speaker’s Conference Room
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E
• The Committee on Education will meet at 2 p.m. in Room 432M.

The Judiciary Committee met this morning.

Markup & Passage

House Bill 2881 increases the number of state police members in the Child Abuse and Neglect Investigation Unit.

House Bill 3154 eliminates restrictions on limited video lottery advertising but requires retailers to get approval from the lottery commissioner for advertising. The bill was rejected due to a tie after a roll-call vote.

House Bill 3162 clarifies that action for violating the West Virginia Consumer Credit and Protection Act shall survive the death of the person entitled to recover or the death of the person liable.

Committee Hearing

House Bill 2056 addresses concurrent juvenile jurisdictions by allowing the transfer of exclusive federal legislative jurisdiction back to the state regarding juveniles.

House Bill 2397 prevents two immediate family members from acting in a fiduciary capacity for the same governmental authority.

House Bill 2679 provides guidelines for reinstating sheriff’s deputies to their former departments after retirement. The bill defines applicability, eligibility, and rules for the process.

House Bill 3190 expands the offense of public intoxication to persons intoxicated by controlled substances.

Senate Bill 336 is a rule bundle for the Department of Homeland Security, involving the Governor’s Committee on Crime Delinquency and Correction, the Division of Protective Services, the State Emergency Response Commission, and the WV State Police.

The Government Administration Subcommittee met this afternoon.

The committee first considered House Bill 3013, which was at the committee hearing stage. After hearing about the bill, the rules were suspended, and the bill was moved to markup and passage. The bill advanced to the Government Organization Committee.

House Bill 3013 requires movie theatre operators with more than one location in the state to provide open captioning during at least two shows per week of each digital motion picture produced and offered with open captions for the first 20 days of the movie’s premiere in that theatre. The bill also requires theatres to have at least two audio description devices available upon request. The bill provides exemptions for drive-in movie theatres, theatres with less than six screens, theatres not equipped for open caption files, motion pictures shown less than eight times from Friday through Thursday, and motion pictures shown by a theatre 20 days after its premiere in that theatre.

Next, the committee considered House Bill Originating 1. The originating bill provides the central nonprofit agency may enter into contracts for nonprofit workshops. The bill allows nonprofit workshops to engage in competitive bidding. The bill removes fair market pricing. The bill also terminates the Committee for the Purchase of Commodities and Services from the Handicapped on December 31, 2025. The bill transfers oversight duties of the committee to the Division of Rehabilitation Services. The bill advanced to the Government Organization Committee.

Committee Hearing

House Bill 2484 increases the probationary period for paid firefighter electricians and mechanics from six months to one year to match the probationary period for all other firefighters. The bill does not affect the benefits received.

House Bill 3056 provides arresting authority to Fire Marshals and Deputy Fire Marshals. The bill also provides a Deputy Fire Marshal may keep a complete standard uniform upon retirement to be worn during special occasions. The badge must have the word “retired” on it.

Today, the House of Delegates passed 12 bills and postponed action on House Bill 2719.

Two of the bills were rule bundles. Senate Bill 358 is a Department of Transportation rules bundle creating 10 rules for three agencies: the Division of Highways, the Division of Motor Vehicles, and the Parkways Authority. House Bill 2233 is a rule bundle for the Department of Environmental Protection, creating 9 rules.

House Bill 2347 permits the Supreme Court of Appeals to create mental hygiene regions and restructure the involuntary commitment process.

House Bill 2402 requires parents and guardians to have access to the child’s health records unless otherwise ordered by a court.

House Bill 2473 increases the bracketed tax rates on managing care organizations. The bill also gives the Tax Commissioner the certification process for future rates so the commissioner can work with the Bureau of Medicaid Services to adjust rates as needed.

House Bill 2501 changes the exemptions from property of an estate in bankruptcy proceedings. The bill allows the surviving spouse to claim the deceased spouse’s exemption in joint residence if the home owned together is owned by the surviving spouse. The bill also exempts payment by any governmental entity to subsidize the adoption of a child.

House Bill 2711 repeals the common law rule against perpetuities by extending its application to all trusts to 1,000 years and modernizes trust law.

House Bill 2761 increases the jurisdictional limits of magistrate courts in civil action to $20,000 from $10,000.

House Bill 2774, the Coach Protection Act, modifies penalties for assault or battery on athletic officials, coaches, and participants.

House Bill 2761 requires magistrate courts to consider residency for setting bail for misdemeanor offenses.

House Bill 2867 removes real estate from being processed as a small estate.

House Bill 3030 removes the permit fee limit relating to the WV Water Pollution Control Act.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 13, 2025.

Committee Meetings, Today March 12

• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 2 p.m. in Room 215E.
• The Subcommittee on Revenue will meet at 2:10 p.m. in Room 460
• The Committee on Education will meet at 2:15 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 3 p.m. in Room 215E
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 3 p.m. in Room 410.
• The Subcommittee on Health Care Regulation will meet at 4 p.m. in Room 215E.
• The Subcommittee on Human Services will meet at 4:30 p.m. in Room 215E.

Committee Meetings, tomorrow March 13

• 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 Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Higher Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Banking and Insurance will meet at 3 p.m. in Room 460.
• The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Environment, Infrastructure, and Technology will meet immediately after EPW in Room 410.

The Senate passed a bill that would make electing judges a partisan process in West Virginia during Wednesday’s floor session.

Senate Bill 521 would require justices for the Supreme Court of Appeals of West Virginia, court magistrates and circuit and family court judges to indicate their party membership on ballots for primary and general elections in the state.

These elections have been nonpartisan in nature since the 2016 election, following the Legislature passing a law to make them nonpartisan in the 2015 regular session. Today’s legislation would switch them back to partisan contests.

Supporters of the bill argued that all jurists enter the judiciary role with a certain political ideology that voters should be aware of when they go to the ballot box.

Opponents of the bill contend that one’s political ideology has no bearing on whether they can interpret the law and render fair and impartial judgements.

The legislation passed on a 22-12 vote.

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

The Senate is adjourned until tomorrow, March 13, at 11 a.m.

Afternoon Meeting:

Substance Use Disorder at 1 p.m. in 451M

Agriculture at 2 p.m. in 208W

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

Judiciary at 3 p.m. in 208W

Morning Meetings for March 13:

Education at 9:30 a.m. in 451M

Gov. Org. at 9:30 a.m. in 208W