Wednesday, September 10, 2025
Wednesday, September 10, 2025
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House Bill 2891 Amended to Set Police Officer Age to 18

The House passed 13 bills today, including House Bill 2763, House Bill 2916, and House Bill 2932.

House Bill 2763 provides a mechanism for reporting cyber incident and provides for an annual report to the Joint Committee of the West Virginia Legislature. An example of a cyber incident would be a threatening actor pulling private personal information from a county board.

House Bill 2916 creates a Semi-quincentennial Commission for the celebration of the 250th anniversary of the founding of the United States of America.

House Bill 2932 prohibits a state agency or official from creating regulations beyond statute regarding the registration, reporting, or operation of foundation in West Virginia.

House Bill 2891, which creates minimum statutory standards for law-enforcement officer, was amended on second reading to drop the age requirement for municipality police officers from 21 to 18.

Committees

Monday’s Meetings

Senate Sends Four Bills to House

The Senate passed four bills during a brief floor session Friday morning.

Senate Bill 437 would extend a contingent increase of tax rate on certain eligible acute care hospitals.

Senate Bill 494 would authorize the  transfer of moneys from Insurance Commission Fund to the Workers’ Compensation Old Fund.

Senate Bill 496 changes some terms related to punishment for second or third degree felony.

Senate Bill 514 would establish the Natural Resources Commission appointment criteria and qualifications, and to allow for reimbursement of expenses related to official duties.

These bills move on to the House of Delegates for consideration.

The Senate is adjourned until Monday, March 15, at 11 a.m.

House Judiciary Committee Advances Bill to Strengthen Sex Trafficking Laws

The Judiciary Committee advanced six bill today.

House Bill 2495 clarifies procedures for handling of asbestos and silica litigation and enhances the ability of the judicial system to manage the litigation by requiring the filing of additional information to verify the factual basis for each claim against each defendant. It also ensures the defendants are not subject to liability for later-added asbestos-containing products manufactured or sold by third parties. It also allows for the consolidation of asbestos or silica actions at trial with the consent of all parties.

Senate Bill 5 encourages efficient settlements of legal claims.

Senate Bill 42 authorizes a municipality to commence a proceeding in a court of competent jurisdiction within the county of the abandoned property to compel a foreclosure to assist municipalities to better address “zombie properties,” which are plaguing communities across the state.

House Bill 2830 strengthens laws relating to sex trafficking. The bill provides no minor shall be prosecuted for an offense of prostitution in violation of this section of code. It allows for a child victim of sex trafficking to expunge records of a juvenile delinquency adjudication. The bill allows for the criminal liability of a person who aids, assists, or abets the trafficking of an adult or child. The bill also provides the child victim of sex trafficking be eligible for comprehensive and specialized trauma-informed child welfare services.

House Bill Originating creates a new crime of public disclosure of restricted information with the intent to threaten, intimidate, or incite violence against a person or intent and knowledge to threaten, intimidate, or incite violence against a person. The crime is a misdemeanor, unless the information is used to threaten, intimidate, or incite violence against a juror, witness, informant, or law enforcement officer in a court. Then, the crime is a felony, which would carry a prison sentence of five years.

House Bill Originating relates to automobile salesperson licensure.

House Bill 2195 was assigned to a subcommittee. House Bill 2195, as amended, requires that law-enforcement officers submit crash reports to owners and/or drivers of the vehicles involved in the crash within 48 hours of the crash. All information must be shares with all parties involved and their insurance agents.

COVID-19 Impacts 2021 Legislation

During the 2021 Session, COVID-19 is mentioned every day in one way or another. While case numbers are beginning to decrease, West Virginia is passing legislation that came to forth due to COVID-19.

A year ago, the state was just starting to hear of a potential lockdown. The Governor put a “Stay at Home” Order in place and non-essential businesses were closed. Working from home became the normal for people across the state and broadband access became essential.

“It’s the single most important thing we can do this year, given the COVID-19 pandemic,” Delegate Daniel Linville (R-Cabell) said. “It was important long before that. This is 21st-century infrastructure. This is something we’ve got to do and do it now.”

House Bill 2002, which has passed from the House to the Senate, would set the framework for an expedited broadband expansion throughout West Virginia. The bill codifies the Office of Broadband. It also sets reporting requirements for any company receiving federal or state funding for broadband expansion.

During this time, non-emergency medical treatments were limited, and appointments were not held in person. Many West Virginians had their first experience with a telehealth appointment. Senate Majority Leader Tom Takubo (R-Kanawha) states that telemedicine defines three pathways for healthcare delivery using technology. Those pathways are acute care, comprehensive care, and care from specialists.

“The telemedicine bill is one the most revolutionary bills in terms of affecting healthcare in West Virginia,” said Takubo. “It is my firm belief that this legislation will transform how medicine is rendered for decades to come and will literally save lives across our state.”

This year the West Virginia Legislature moves to expand telehealth with House Bill 2024.The bill would allow out-of-state licensed health care professionals to practice in West Virginia when registered with the appropriate board. House Bill 2024 also expands telehealth to include audio calls. The bill has passed to the Senate.

In the last year, small businesses, especially those providing alcohol, saw major setbacks. House Bill 2025 passed from the House to the Senate. The bill addresses the societal requests which came to fruition during the lockdown., including new alcohol licenses.

“A lot of bipartisanship went into the House Bill 2025 We had several conversations with the industry,” Government Organization Chair Brandon Steele (R-Raleigh) said. “The bill codified what was already working for the industry.”

The bill also enables businesses to begin the sale of liquor, wine, and beer at 6 am. It allows for the ability to offer sealed liquor drinks, beer, and wine with food orders via telephone, mobile app, or web-based software.

“We’re excited to codify COVID relaxations to help small businesses in our state like breweries, distilleries, restaurants and bars,” Delegate Kayla Young (D-Kanawha) said. “Not only do they help at a time these businesses need it most, but these expansions will also permanently grow revenue, quality of life, and tourism here in West Virginia.”

In an age where in-person commerce is difficult, e-commence is becoming increasingly important to the state. Senate Bill 280 requires all political subdivisions to offer online payment options by March 1, 2023. The bill authorizes the State Treasurer rules to establish the system and offers the Treasurer may provide exemptions. The legislation is complete and has been sent to the Governor.

The Senate also offered bills to allow for other online services. Senate Bill 343 allows the DMV to process driver’s license and ID card renewals or reissue online due to address changes. Senator Bill Hamilton (R-Upshur) received calls from several nonprofit organizations, who have not been able to hold fundraising events. To provide a solution, he introduced Senate Bill 263, which allows for charities and public service organizations to offer online raffles.

“This bill will benefit a large segment of the state’s nonprofit population. It will help provide them with the revenue they need to fund community projects,” said Senator Hamilton.

House Legislation (3/5/21-3/11/21)

As of Friday, March 12, 2021, 1076 bills have been introduced to the House. Of those bills, 54 have passed and advanced to the Senate.

House Bill 2257 requires extended supervision for certain drug offenders.

House Bill 2335 increases the penalty for a driver who under the influence causes the death of a minor.

House Bill 2363 “Best Interest of the Child Protection Act of 2021,” establishes initial custody arrangements to be 50/50 between the parents. To change the 50/50 split, one parent must prove the other parent to be incompetent, neglectful, or abusive.

House Bill 2507 removes limitations on advertising and promotional activities by limited video lottery retailers. The bill advances to the Senate.

House Bill 2598 changes the definition of an above ground storage tank, specifically brine storage tanks.

House Bill 2621 mandates certification for certain members of fire departments and requires training. It also allows for specialized personnel who are not firefighters to be members of a department.

House Bill 2671 updates the financial exploitation statute. It clarifies civil complaints and petitions proceedings for financial exploitation protective orders. It also includes potential criminal penalties for violating the protection orders.

House Bill 2674 codifies current practices by updating the required credentials for certified registered nurse anesthetists who cooperates with a physician or dentist

House Bill 2701 approves the Division of Rehabilitation Services to approve acceptable training programs required for low vision individuals to obtain a Class G drivers license.

House Bill 2709 provides that the aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond.

House Bill 2722 prohibits the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals. The bill does make exceptions for fire prevention and in case of emergency.

House Bill 2764 allows the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program.

House Bill 2765 allows airport emergency management and operations vehicles to use red flashing warning lights.

House Bill 2852 changes the mandate for the Department of Education to distribute before September 1 to by December 31 60 percent of the county’s share of the allowance for increased enrollment. The bill does allow for the counties to request an advance on the share they expect to receive on December 31, however it cannot exceed 60 percent of their share of projected increased enrollment.

House Bill 2905 repeals the prohibition of using the word “Doctor” in advertising without defining what kind of doctor the individual is.

House Bill 2906 increases the School Building Authority’s discretion for maintenance spending to 10 percent on multi-county vocation schools.

House Bill 2957 repeals sections of outdated code.

House Bill 2958 repeals sections of outdated code.

Senate Legislation (3/5/21-3/11/21)

As of Friday, March 12, 2021, 632 bills have been introduced to the Senate. Of those bills, 89 have passed and advanced to the House.

Senate Bill 39 prohibits insurance coverage from requiring prior authorization for tests to stage cancer.

Senate Bill 294 closes the Prepaid Tuition Trust Fund and creates a special revenue account to fund new savings and investment programs.

Senate Bill 305 provides exemptions for certain aircraft maintenances from consumer sales and service tax.

Senate Bill 314 regulates pawnbrokers.

Senate Bill 334 establishes license application process for needle exchange programs.

Senate Bill 339 expands agricultural operations that protect from nuisance and other legal actions.

Senate Bill 343 authorizes the DMV to process online driver’s license or identification card change of address.

Senate Bill 344 eliminates the sunset date for the qualified rehabilitated buildings investment credit and the maximum amounts allowable of the tax credit.

Senate Bill 368 authorizes the DEP to develop Reclamation of Abandoned and Dilapidated Properties Programs.

Senate Bill 375 limits the reasons for which an open enrollment application can be denied and sets a process for application denial.

Senate Bill 376 removes obsolete provisions regarding DOH standards for studded tires and chains.

Senate Bill 381 creates a nonresident three-day fishing license.

Senate Bill 383 exempts property used for school or daycare centers owned by worship centers from taxation.

Senate Bill 390 moves the Health Care Authority under DHHR and clarifies the responsibilities for all-player claims database.

Senate Bill 397 relates to the heath care provider tax.

Senate Bill 404 modifies well work permits issued by the DEP Office of Oil and Gas.

Senate Bill 421 authorizes Workforce West Virginia to hire at-will employees.

Senate Bill 429 exempts the Division of Emergency Management from Purchasing Division requirements for certain contracts.

Senate Bill 434 requires law-enforcement training to include standards and procedures for ongoing specialized, intensive, and integrative training during the investigation of sexual assault cases involving adult victims.

Senate Bill 435 requires county superintendents to at least authorize one school principal or administrator at each nonpublic school in the district to issue a work permit for students enrolled at the school.

Senate Bill 439 allows admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence, and failure to mitigate damages.

Senate Bill 456 makes changes to the Natural Resource Police Officer Retirement System.

Senate Bill 460 makes clarifications to the Deputy Sheriff Retirement System.

Senate Bill 463 combines the role of the Inspector General and the position of Director of Insurance Fraud Unit to one role.

Senate Bill 466 expands the definition of appraisal management companies for the propose of the Real Estate Appraiser Licensing and Certification Act and the Appraisal Management Companies Registration Act.

Senate Bill 467 makes clarifications to the WV Municipal Police Officer and Firefighter Retirement System.

Senate Bill 469 permits personal appearance by video technology.

Senate Bill 475 require that certain fees be deposited in the General Revenue Fund instead of the special revenue accounts to allow appropriation by the Legislature.

Senate Bill 501 relates to the indexing of license and stamp fees.

Senate Bill 517 eliminates the requirement that all new legislative rules have a five year sunset date after the initial dive year sunset date and allows the Secretary of State to conform all active legislative rules with a sunset provision and requires the SOS to file a notice of sunset in the State Register.

Senate Bill 537 relates to kidnapping.

Completed Legislation

Senate Bill 126, a rules bundle, authorizes the Department of Administration to create legislative rules for purchasing.

Senate Bill 216, a rules bundle, authorizes the Department of Commerce to create legislative rules for tourism development districts.

Senate Bill 270 allows the collection of the hotel occupancy tax by marketplace facilitators.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

Senate Bill 280 requires government entities in the state to accept all payments electronically.

Senate Bill 296 repeals certain rules.

Senate Bill 338 creates the Fire Service Equipment and Training Fund.

Senate Bill 345 expands the alcohol test and lock program to include offenders with drug-related offenses.

Senate Bill 358 allows for ATMs to be in areas of the racetrack where video lottery games are played. This completed piece of legislation advances to the Governor.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 459 allows for contributions paid by a member into a retirement plan to be returned to the member’s heirs after the member’s death under certain circumstances.

House Bill 2001 creates the Jumpstart Savings Act.

House Bill 2262 changes who reports and reviews the controlled substance monitoring database.

Senate Completes COVID-19 Jobs Protection, Worker Classification

The Senate concurred in the House amendments to Senate Bill 277, completing action on the Covid-19 Jobs Protection Act during Thursday’s floor session.

The legislation is intended to provide legal certainty and protection to employers that remained open or reopened during the pandemic. The bill is retroactive to Jan. 1, 2020.

The Senate’s version of the bill provided blanket immunity from any claim filed against “any person, essential business, business, entity, health care facility, health care provider, first responder, or volunteer for loss, damage, physical injury or death arising from COVID-19, COVID-19 care, or impacted care.”

The House amended it to ensure it would not protect businesses deemed to have caused intentional harm. Ultimately, the Senate approved the House’s amended version. This bill now heads to the Governor’s desk to await his signature.

Also on Thursday, the Senate concurred in House amendments and completed action on a Department of Commerce rules bill, as well as a bill relating to the WV Employment Law Worker Classification Act.

Senate Bill 272 adds a new section into state law which aims to clarify the definition of an independent contractor. The legislation also creates new opportunities for businesses to classify workers as independent contractors. The goal is to provide more certainty for both businesses and workers during a time when an increasing number of people work as independent contractors in the “gig” economy.

The Senate is adjourned until tomorrow, March 12, at 11 a.m.

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

Judiciary will meet at 3 p.m. today and 9 a.m. tomorrow in 208W.

Legislative Oversight on Education Accountability will meet tomorrow at 8:30 a.m. in 451M.

House Concurs with Senate to Create Jumpstart Savings Program

The House of Delegates met today, concurring with the Senate on House Bill 2001 and passing four bills.

The House concurred with the Senate on House Bill 2001, which creates the Jumpstart Savings Act. The program will help citizens embark on a new trade or establish a new business within the state.

Senate Bill 126 is a rules bundle, which authorizes the Department of Administration to create legislative rules for purchasing.

House Bill 2671 updates the financial exploitation statute. It clarifies civil complaints and petitions proceedings for financial exploitation protective orders. It also includes potential criminal penalties for violating the protection orders.

House Bill 2722 prohibits the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals. The bill does make exceptions for fire prevention and in case of emergency.

House Bill 2852 changes the mandate for the Department of Education to distribute before September 1 to by December 31 60 percent of the county’s share of the allowance for increased enrollment. The bill does allow for the counties to request an advance on the share they expect to receive on December 31, however it cannot exceed 60 percent of their share of projected increased enrollment.

The House is adjourned until 11 am tomorrow, March 12, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings

House Completes Six Pieces of Legislation

The House advanced nine bills today and concurred with the Senate a bill, completing six pieces of legislation and advancing four bills for Senate consideration. The House also adopted House Resolution 8 to honor Officer Cassie Johnson.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

House Bill 2598 changes the definition of an above ground storage tank, specifically brine storage tanks. Opponents stated concerns of potential chemical leaks into public water systems. Supporters of the bill emphasized the likelihood of dangerous chemicals being in these tanks is very minute and that brine is primarily salt water. The bill advances to the Senate.

House Bill 2674 codifies current practices by updating the required credentials for certified registered nurse anesthetists who cooperates with a physician or dentist. The bill advances to the Senate.

The House is adjourned until 11 am tomorrow, March 11, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings