The House continued with its agenda this afternoon into the evening. Eighteen bills passed including Senate Bill 498, Senate Bill 463, Senate Bill 262, Senate Bill 246, and Senate Bill 268.

Senate Bill 498, “The Anti-Racism Act of 2022,” generated a two-hour discussion on the House floor this evening. The bill was amended in the House committees. The bill prohibits a student, teacher, administration, or other employees in the WV public school system from being required to affirm, adopt, or adhere to the following concepts: 1.) one race is inherently, morally, or intellectually superior, 2.) an individual, based on race, is inherently racist or oppressive, 3.) an individual should be discriminated against or receive adverse treatment solely or partly because of their race, 4.) an individual’s moral character is determined by the individual’s race, and 5.) an individual is responsible for actions of other members of the same race.

The committee’s amendment stated that nothing prohibits the concepts being discussed the theory of an academic course or the discussion, examinations, or debate regarding race and its impact on historical or current events. The amended bill now goes back to the Senate.

Senate Bill 262 authorizes the State Treasurer to prepare, maintain, and publish a list of financial institutions engaged in boycotts of energy companies. It requires the Treasurer to post the list on the website and submit the list to the Governor, the Speaker of the House, and the Senate Present. The Treasure is required to provide written notice to the banking institution of being on said list and requires removal from the list if information is presented that the institution is not engaged in the boycott of energy companies.

Senate Bill 246 requires all newly constructed public schools and schools with major improvements to have water bottle filling stations installed.

Senate Bill 268 creates a new exemption from compulsory school attendance for a child who participates in a learning pod or micro-school. There are four ways a parent can obtain an academic assessment of the child: 1.) standardize achievement test, 2.) testing program at public school, 3.) portfolio of child’s work to be reviewed by a certified teacher, or 4.) alternative academic assessment of proficiency agreed upon by parents and county superintendent.

The House recessed until 8 p.m.

The Rules Committee will meet at 7:55 p.m.

With tomorrow being the final day of the 2022 session, today will be a long and busy day.

The House rejected Senate Bill 230 on the floor. The bill clarified that actions by an agency taken during a declared state of preparedness or emergency or any matter related to protected classes are not grievable. The bill would require a grievance to be filed within time limits or it may be dismissed. The bill would have changed the public employee’s grievance procedure by adding that if an employee’s grievance was dismissed or lost, they would have to pay $1,000. Many took issue with this is 1.5 to 2 percent of the average West Virginian’s income. The bill failed with 39 in favor and 61 opposed.

Four bills passed during this morning’s session.

Senate Bill 1 prompted a lot of debate. The bill creates the Mining Mutual Insurance Company, a private company, to issue bonds to coal companies that cannot get bonds from current private sector companies. The company would be regulated by Insurance Commission. The company will receive a $50 million no-interest loan from the state to be paid back. Opponents were concerned about using taxpayer dollars to fund a private company that may choose to do business outside of the state. They also noted that other bond companies may not be doing business with some coal companies because of the financial risk. Proponents stressed that coal companies are in difficult financial situations and are struggling to get bonds from the private sector.

Senate Bill 10 creates an account for the WVU Rifle Team and an electronic voluntary donation program on electronic applications for hunting and finishing licenses.

Senate Bill 205 increases the number of members on the Public Employees Insurance Agency Finance Board from eight members to 10.

Senate Bill 228 provides tuition and fee waivers for terms of service completed in WV as an AmeriCorps volunteer.

Action on Senate Bill 231 was postponed one day.

The House is in recess until 3 p.m. and the Rules Committee will meet at 2:45 p.m.

Today, the House convened for Day 58 of the 2022 Legislative Session. The House concurred with the Senate to complete four bills. Twenty-five bills were passed before the House recessed at 12:45 p.m. Sixteen bills remain on third reading for consideration after the recess.

Senate Bill 25 amends the Medical Professional Liability Act by codifying a one-year statute of limitations for any cause of action for medical injury alleging medical professional liability against a nursing home, assisted living facility, their related entities or employees, or a distinct part of an acute care hospital. The bill also changes the time a certificate of merit should be received from 180 days to 120 days.

Senate Bill 172 increases the pay of elected county officials on July 1, 2022.

Senate Bill 253 designates the Secretary of State as the state’s liaison to the U.S. Census Bureau for redistricting for the federal census. The bill requires the county commissions to submit precinct information to the Secretary of State. A copy shall be submitted to the Present of the Senate, Speaker of the House, the Minority Leader of the Senate, and the Minority Leader of the House.

Senate Bill 261 allows school principals to designate another school administration to be the custodian of all the cameras, recordings, and access to recordings in special education classrooms. At least 15 minutes of each video are to be reviewed every 90 days. The bill also sets requirements for how long a recording should be retained. Delegates stressed the importance of these recordings to be reviewed to protect both students and teachers. The bill passed 100 to zero.

Senate Bill 493 requires county BOE to ensure all meetings are open to the public in person and that audio and video are available on its website. The bill requires all meeting minutes to record how each member votes on substantive matters and the minutes be posted online within two days. After approval, the minutes should remain on the website for at least one year.

Senate Bill 518 allows eligible professional nurses and advanced practice registered nurses to practice in WV. The bill also amends the section relating to temporary permits, so that the permit shall be effective until the board either approves or denies an endorsement request.

Senate Bill 570 establishes training for law-enforcement officers and correction officers regarding individuals with Alzheimer’s and dementia.

Senate Bill 571 directs the Auditor to pay claims against the state. The total for claims against the state is $510,552.43

The House is in recess until 1:45 p.m.

The House returned in the afternoon. The remainder of bills on third reading were passed and 14 completed. Twenty-five bills were on second reading and several were amended.

All bills on second reading from Senate Bill 533 to Senate Bill 726 were moved to the House Calendar.

The House is adjourned until 9 a.m. Friday, March 11, 2022.

Committees – Today

The Committee on Tourism and Economic Diversification will meet immediately after floor session in Room 215E.

Committees – Wednesday, March 9, 2022

The Committee on Rules will meet at 8:45 a.m.

On the 57th Day of the 2022 Legislative Session, the House concurred with the Senate to legislative action on 12 bills and refused to concur on one bill, while concurring to others with amendments. The House also adopted six naming resolutions and passed nine bills, completing eight of those.

Senate Bill 508 requires hunters wear blaze orange while hunting with a muzzleloader.

Senate Bill 535 authorizes the state superintendent to automatically suspend teaching certificates upon the charge or indictment for certain offices or filing of a petition alleging child abuse. The bill provides for the reinstatement of the suspended certificate if charges are dismissed.

Senate Bill 591 clarifies how legislative appointment selection should be handled in single county districts. Current law states that if more than one county is in a legislative district the candidate recommendations are submitted by the party executive committee. The law does not address districts that only encompass one county. The bill states that the county executive committee shall submit the recommendations for single county districts.

Senate Bill 694 expands the membership of the Oil and Gas Conservation Commission from five to seven members and expands the duties of the commission to include horizontal wells. The bill also allows surface owners to purchase the mineral rights of land with unknown owners.

The bill would allow 75 percent of net acreage mineral rights owners in an area to overrule 25 percent of mineral rights owners when it relates to horizontal drilling.

Debate on the bill was long. Opponents mentioned this bill reoccurred for the past several years. It was first introduced around 2015. Those opposed feel the bill removes the property rights of the owner. They stated the bill does not give an individual an option to opt-out of horizontal development. They called it forced pooling.

Proponents stated that in some cases a small number of individuals have prevented others from making a profit on horizontal drilling. It was also argued that having the bill be brought before the body each year has only made it a better workpiece. Proponents argue that this bill brings deep well development into the same standards as shallow well development.

During the amendment phase on second reading, several bills were amended, and some were advanced with the right to amend on third. Action on Senate Bill 550 and Senate Bill 486 was postponed one day.

Senate Bill 493, as amended requires county BOE meetings to be available online. However, if the steam is interrupted the meeting may continue, while the issue is being resolved. The recording does not have to be maintained on the website. However, minutes for each meeting must record members’ votes on all substantive matters and be posted on the BOE’s website within two days and be retained for at least one year.

The House recessed for 15 minutes before hearing remarks from members.

The House is adjourned until 9 a.m.  Thursday, March 10, 2022.

Committees – Today

The Judiciary Committee will meet at 7 p.m. in Room 410.

Committees – Tomorrow, March 10, 2022

The Rules Committee will meet at 8:45 a.m.

Today, the House discussed the Budget Bill. Several amendments were offered to House Bill 4023 and all were rejected. House Bill 4023 was amended into Senate Bill 250.

The amended Budget Bill, now Senate Bill 250, appropriates funding for the state and its agencies during the fiscal year 2023. Below is a breakdown of some of the line items in the budget.

Appropriations from general revenue, which totals $4,641,378,000, including claims against state:

• Legislative, which includes Senate, House, and Joint Expenses: $26,096,694
• Judicial: $149,908,338
• Governor’s Office: $10,488,332
• Auditor’s Office: $2,487,115
• Treasurer’s Office: $3,514,380
• Department of Agriculture: 25,077,648
• Attorney General: $5,203,194
• Secretary of State: $950,738
• Department of Administration: $107,877,676
• Department of Commerce: $64,071,610
• Department of Tourism: $7,000,000
• Department of Economic Development: $12,534,591
• Department of Education: $2,030,623,801
• Department of Arts, Culture and History: $10,907,680
• Department of Environmental Protection: $6,781,786
• Department of Health and Human Resources: $1,189,565,047
• Department of Homeland Security: $471,938,825
• Department of Revenue: $32,919,968
• Department of Transportation: $5,219,128
• Department of Veterans’ Assistance: $12,712,658
• Bureau of Senior Services: $19,612,957
• WV Council for Community and Technical College Education: $82,435,026
• Higher Education Policy Commission: $345,303,367
• Miscellaneous Boards and Commissions: $18,129,517
• General Revenue Total: $4,641,360,076

Appropriations from State Road Fund total $1,492,255,013 including claims against state:

• Department of Transportation: $1,491,821,781

Appropriations from Other Funds total $2,002,782,414 including claims against state):

• Legislative: $2,636,623
• Judicial: $1,850,000
• Governor’s Office: $695,914
• Auditor’s Office: $36,525,884
• Treasurer’s Office: $2,842,202
• Department of Agriculture: $20,838,584
• Attorney General: $1,700,639
• Secretary of State: $6,036,718
• Department of Administration: $130,614,813
• Department of Commerce: $47,303,848
• Department of Economic Development: $240,303,389
• Department of Education: $65,271,774
• Department of Arts, Culture, and History: $1,227,512
• Department of Environmental Protection: $66,099,299
• Department of Health and Human Resources: $642,170,325
• Department of Homeland Security: 45,666,044
• Department of Revenue: $454,313,553
• Department of Transportation: $11,767,448
• Department of Veterans’ Assistance: $1,964,234
• Bureau of Senior Services: $10,514,707
• Higher Education Policy Commission: $49,638,332
• Miscellaneous Boards and Commissions: $70,737,759

Appropriations from general revenue fund surplus (often referred to as “back of the budget”)

The total for the General Revenue Surplus is $419,792,150. Additional funding for the following shall be provided if there is a surplus in the FY2023 budget.

• West Virginia University: $14,100,000
• Marshall University: $8,100,000
• Tourism-Brand Promotion: $7,000,000
• Jobs & Hope: $2,771,363

Several other bills passed the House today, including the following:

Senate Bill 181 creates the Core Behavior Health Crisis Service System. This is a 988 National Suicide Prevention hotline center. The Bureau of Health will maintain and operate the system.

Senate Bill 213 establishes a licensed professional counseling compact. This compact will members to practice in other states without additional licensure. Ten states must pass legislation to enter into a compact before it happens. Currently, Maryland and Georgia have compact laws for licensed professional counselors. Alabama has passed legislation, but it is awaiting approval from the governor. Thirteen states are looking at the legislation. Passage of this bill will give West Virginia a seat in the first ten to pass the legislation and a seat at the table as compact rules are discussed.

Senate Bill 274 requires the secretary of the DHHR to allocate CPS workers by Bureau of Social Services’ districts annually. The bill also requires the reporting of this allocation process to the Legislative Oversight Commission of Health and Human Resources Accountability.

Senate Bill 593 expands the definition of criminal justice agency to include the Marshall University Science Center to allow its participation in the WV DNA Database for missing persons, relatives of missing persons, and unidentified remains.

The House is in recess until 7 p.m.

Committees – Today

The Committee on Health and Human Resources will meet at 2:30 p.m. in Room 215E

The Judiciary Committee will meet at 3 p.m. in Room 410.

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

The Education Committee will meet at 3:30 p.m. in Room 434.

The Committee on Government Organization will meet at 4 p.m. in Room 215E.

The House reconvened at 7 p.m. to receive Senate messages and committee reports. Several bills were read for the first time and will be on second reading tomorrow.

The House is adjourned until 11 a.m. Wednesday, March 9, 2022.

Committees – Tonight

The Finance Committee will meet at 8:15 p.m. in Room 460.

The Judiciary Committee will meet at 8:30 p.m. in Room 410.

Committees – Tomorrow, March 9, 2022

The Rules Committee will meet at 10:45 a.m.