Tuesday, May 21, 2024
Tuesday, May 21, 2024

In Case You Missed It… 2024 Completed Legislation, Part 1

(2575 Introduced Bills; 1698 were introduced in the House; 279 Completed; 123 House Bills)

House Bill 4026, a rules bill, authorizes the Department of Administration to amend the sunset date on the rule named State Owned Vehicles until August 1, 2034.

House Bill 4086 is rules bundle 10, a Department of Commerce rules bundle. The bill contains 18 rules from the Division of Forestry, Division of Labor, Office of Miners’ Health, Safety, and Training, Division of Natural Resources, and the Public Energy Authority.

House Bill 4110 is Rules Bundle 9, which contains 58 rules affecting the Board of Accountancy; Board of Acupuncture; Department of Agriculture; Barbers and Cosmetologists; Counseling; Dentistry; Dieticians; Election Commission; Massage Therapy; Medical Imaging and Radiation Therapy Board of Examiners; Board of Medicine; Nursing Home Administrators Licensing Board; Board of Optometry; Board of Osteopathic Medicine; Board of Pharmacy; Board of Professional Surveyors; Board of Psychologists; Board of Registered Professional Nurses; Board of Respiratory Care; Secretary of State, and the State Treasurer.

House Bill 4190 requires the Secretary of the Department of Homeland Security to establish a statewide Purple Alert Plan for missing cognitively impaired persons by July 1, 2025.

House Bill 4233 requires birth certificates issued in this state to include the sex of the child at birth as male or female. The bill prohibits the use of the term “non-binary” on birth certificates.

House Bill 4274 renames the Department of Health and Human Resources as the Department of Human Services, the Department of Health, and the Department of Health facilities through various sections of code to reflect the reorganization into three separate departments. The bill also makes changes to reflect any bureau name changes made through the reorganization.

House Bill 4297 recognizes correctional officers as law enforcement without obtaining certification requirements. The Commissioner of the Division of Corrections and Rehabilitation shall consult with LEOSA to create a training course specifically for correctional officers. The bill states COs may detain and arrest individuals in violation of state law on any Division of Correction and Rehabilitation property. The bill allows COs to concealed carry across the country regardless of state laws to transfer inmates.

House Bill 4305 creates a new section of code to extend in-state tuition rates at the state’s institutions of higher education to any person or the person’s legal guardian who received economic development incentives to locate West Virginia.

House Bill 4350 prohibits the filing for ballot vacancies by party executive committees after the individual candidacy filing deadline has passed. The Senate-amended bill does not allow for vacancy nominations when the vacancy is caused by a withdrawal from the election without cause.

House Bill 4376 requires a surgical smoke evacuation system in healthcare facilities. Surgical smoke is the by-product of using heat-generated surgical instruments. It can contain various health-damaging particles which can be inhaled. Any facility without an evacuation system for surgical smoke shall be penalized with a fine between $1,000 to $5,000. The bill requires the Office of the Inspector General to propose legislative rules.

House Bill 4399 allows for individuals who have had charges dismissed after a pre-trail diversion or deferred adjudication to file for expungement of all records. The offenses to which this bill would apply would be nonviolent and nonsexual.

House Bill 4431 allows the Office of the Chief Medical Examiner to cremate unidentified remains after 30 days if any genetic material is preserved within the database. Identified, but unclaimed remains after 30 days may be placed in a cemetery for a final resting place, unless moved by family.

House Bill 4552 requires immediate verification of candidates’ party affiliation prior to the acceptance of the certificate of announcement for candidacy. If the candidate’s current party does not match the party listed on the certificate, the clerk, secretary of state, or recorder can refuse the announcement. The bill is effective January 1, 2025.

House Bill 4594 extends the managed care and foster care contract.

House Bill 4667 prohibits syringe service programs from distributing certain smoking devices. Items that cannot be distributed include but are not limited to bongs, crack pipes, and disposable smoking devices.

House Bill 4700 requires the Lottery Commission to create a list of reasons for which a patron of sports gaming may be banned from engaging in sports betting. The list shall include but is not limited to a prior conviction of assault or battery on athletic officials, prior violation of an order of the commission, and if a person had engaged in a pattern of harassing sports officials, coaches, or participants to the extent of posing a threat to patrons or participants.

House Bill 4709 establishes a 4-year career and technological education pilot program for middle school students to prepare them to take advantage of WV’s CTE programs. The bill provides for annual reporting to LOCEA beginning by July 1, 2025.

House Bill 4721 requires surveyors to offer to record the map or plat of the measurements of the survey, for a reasonable fee, on the landowner’s behalf, in the office of the county clerk of the county in which the land is located.

House Bill 4756 creates the Alzheimer’s Disease and Other Dementia Advisory Council. The bill requires the council to submit a report within 24 months. The bill terminates the council on July 31, 2026.

House Bill 4768 increases the number of out-of-state medical students receiving in-state tuition rates who agree to practice for a specific time within West Virginia from two to four program participants per medical school.

House Bill 4782 prevents municipalities from targeting firearms businesses with planning and zoning ordinances more restrictive than those placed upon other businesses.

House Bill 4786 creates the Delivery Network Company Insurance Act. The bill requires Delivery Network Company to acquire insurance for drivers when making deliveries.

House Bill 4793 permits the manufacture of moonshine for personal or family use. The bill limits the amount manufacture of 10 gallons in a household with one person over 21 years of age and 5 gallons in a household with two or more persons over 21 years of age.

House Bill 4801 prohibits the State Treasure from entering term or condition contracts. The bill also requires the State Treasure to announce the commencement of the WV Security for Public Deposits Program by publishing a notice in the State Register at least 30 days before the commencement.

House Bill 4809 creates the “Health Care Sharing Ministries Freedom to Share Act,” which exempts health care sharing ministries from West Virginia’s insurance laws.

House Bill 4812 limits the fees charged by third-party vendors who contract with a municipality to collect B&O taxes for the municipalities to no more than 20% of the amount of taxes collected.

House Bill 4814 extends the reporting and sunset date for the State Advisory Council on Postsecondary Attainment Goals to December 31, 2027.

House Bill 4822 increases the limit on the annual matching grants available for eligible state, county, municipal, and regional governmental entities, or authorities that apply to and participate in the Department of Economic Development’s Certified Sites and Development Readiness Program from $25,000 to $75,000.

House Bill 4829 removes the requirement of a high school diploma or equivalent for school bus drivers, 21 years and older. The addition of 21 years and older is to prevent students from dropping out to become employed.

House Bill 4830 modifies the frequency of training for school personnel. The bill states that personnel shall be trained upon hire and every three years after for suicide prevention awareness, child sexual abuse prevention, the county policy on harassment, bullying, and intimidation, and multicultural education. The bill also requires first aid training to include blood-borne pathogen information. The bill makes changes to the Special Protections for Disabled Children Act of 2022, by clarifying anyone who cares for, educates, or houses disabled children shall be trained on mandatory reporting obligations.

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