The Senate Judiciary Committee met Thursday afternoon and advanced four bills regarding the Adopting Uniform Protected Series Act, general powers of PSC, rule-making policies, and criminal penalties for the neglect or abuse of incapacitated adults.

Senate Bill 888 would stop West Virginia courts from deferring to state agencies’ interpretations of laws and regulations.

Judges and hearings officers would instead review rules independently and resolve any unclear language in favor of individual liberty and more limited bureaucratic power.

Senate Bill 669 would clarify utility rate oversight.

This bill would give the Public Service Commission clearer authority over utility rates, while limiting its reach for smaller municipal water, sewer, and natural gas utilities. The bill sets rules for resolving customer complaints within 120 days.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 670 would establish the Uniform Protected Series Act.

Each series could hold its own assets, have its own members, and carry its own liabilities to shield one series from the debts of another. The bill also sets rules for management, reporting, and foreign series doing business in the state.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 961 would cut redundant rules.

This bill would require West Virginia agencies to eliminate at least two existing regulations for every new rule they issue. This bill intends to reduce unnecessary bureaucracy and ensure rules are up to date with federal standards.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 54 would update West Virginia law to treat abuse or neglect of an incapacitated adult similarly to child abuse.

The bill defines an “Incapacitated adult” as any person 18 years or older who, by reasons of advanced age, physical, mental, or other infirmity, is unable to carry on the daily activities of life necessary to sustaining life and reasonable health.

Any person who neglects an incapacitated adult and risks bodily injury or death would be guilty of a felony and fined $1,000-$3,000 and/or imprisoned 1-5 years.

A caregiver of an incapacitated adult who abuses an incapacitated adult would be fined  $1,000-$3,000 and/or imprisoned for 1-5 years.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 805 would allow the Mothers and Babies Pregnancy Support program to cover the expenses associated with the abortion pill reversal.

The West Virginia Mothers and Babies Pregnancy Support Program is a state program housed within the Bureau for Public Health that provides funding to pregnancy help organizations across the state and will not provide funding to any abortion industry organizations.

The bill defined “abortion pill reversal” as the use of progesterone by a licensed health care provider for the purpose of counteracting the effects of ingested mifepristone as part of a chemical abortion.

The term “chemical abortion” is defined as the use or prescription of an abortion-inducing drug dispensed with the intent to cause an abortion. Further definitions in the bill can be found in code §16-66-1.

The bill is intended to allow women who decided no longer to follow through with an abortion to reverse the abortion using the medication.

It has not been proven by a major medical organization or by scientific evidence that the medication reverses abortions. Members of the body stated witnessing and hearing successful stories of women using the medication to reverse an abortion.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 795 would permit parents, guardians, or custodians to pay for an independent evaluation if their child is in temporary protective custody.

A child could be placed in temporary protective custody for, but not limited to, the following reasons:

• The child is without supervision or shelter for an unreasonable period, considering the child’s age and ability to care for themselves in those circumstances, presenting an immediate threat of serious harm to the child.
• The officer determines that the child is in a condition requiring emergency medical treatment by a physician, and the child’s guardian or custodian refuses to provide the child with emergency medical treatment.
• A child is suffering from a condition that needs emergency medical treatment, and the guardian or custodian refuses to provide the child with emergency treatment.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 862 would repeal the Addiction Treatment Pilot Program, which is no longer in operation.

The program, previously overseen by the Department of Military Affairs and Public Safety, provided a framework for pilot efforts in treating drug addiction and required annual reporting on its progress.

The bill was reported to the full Senate with a recommendation of passage.

The Senate Judiciary Committee met this afternoon and advanced four bills on the Protect Our Children at the Bus Stop Act, voting ballots, property and funds, and voter registration.

Senate Bill 705 would make it a crime to misuse property or funds that were lawfully obtained under an agreement, converting them for personal use in violation of the agreement.

Any person who misuses funds or other property valued in an amount less than $2,500 would be guilty of a misdemeanor and, upon conviction, would be be sentenced to up to a year in jail and fined up to $1,000.

Any person who commits the crime concerning funds or other property of $2,500 or more would be guilty of a felony and, upon conviction, would be sentenced to 1-10 years in prison and fined up to $2,500.

The bill was reported to the full Senate.

Senate Bill 59 clarifies residency requirements for voter registration.

The bill would require voters to be physically present in their state, county, or municipality with the intention to remain there, where they register and vote.

The bill defines a “legal resident” as a person who is domiciled in the state, county, or municipality in which he or she offers to vote, which includes both physical residency (or presence) in the state, county, or municipality and an intent to remain in the state, county, or municipality.

Facts that would demonstrate the domicile of a person in the state, county, or municipality include, but are not limited to:

• The physical character of the person’s residence
• The amount of time a person has spent in the state, county, or municipality
• Whether the person intends to return permanently to another residence outside of the state, county, or municipality in the future
• Whether the person obtains a license to operate a vehicle in the state

The bill was reported to the full Senate.

Senate Bill 558 would establish the Protect Our Children at the Bus Stop Act.

This bill would require drivers to stop when a school bus is displaying activated stop-arm signals and red warning lights when picking up or dropping off students. This would apply on public highways and similar roadways unless the vehicle is on a separate roadway, such as opposite sides of a divided highway.

The state’s existing criminal penalties would remain the same under this bill if a violation takes place; repeated violations would have an increased fine, along with potential jail time of up to six months and a mandatory driver’s license suspension of 60 days for a first offense, 180 days for a second, and one year for a third or subsequent conviction.

A third aggravated offense within ten years would be a felony, punishable by 1 to 5 years in prison and fines of at least $5,000.

Stop-Arm cameras mounted on school buses would be required to issue civil violations when a driver illegally passes a bus displaying activated stop-arm signals and red warning lights.

The bill was reported to the full Senate.

Senate Bill 905 would provide voters with the ability to identify and verify their ballot cast in a statewide election held in West Virginia.

Counties would be required to preserve and submit ballot images, a unique ballot number and a voluntarily affix or unique mark of their choice for later identification of their ballot to ensure identification of their ballot.

Electronic voting systems would be required to capture images of each ballot, and the Secretary of State must publish them online within 24 hours, organized by county and precinct.

The intent of the bill is to ensure that the individual’s ballot is consistent with what they initially placed on it.

After much discussion and some confusion on the part of several Senators as to whether the bill actually strengthens election integrity, the legislation was placed into a subcommittee for additional vetting.