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

In Case You Missed It… 2024 Completed Legislation, Part 2

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

House Bill 4832 amends finance reporting requirements of the state superintendent to the Legislative Oversight Commission on Education Accountability. The bill also states any school district failing to report to the state superintendent can lose state funding.

House Bill 4837 synchs up the time for retention of records by financial institutions and the statute of limitations for bringing a cause of action to recover a deposit. The bill also clarifies that actions to enforce obligations may not be maintained if the bank destroys or disposes of the relevant records for compliance.

House Bill 4838 requires that the county boards of education provide long-term substitute teachers with information about IEP plans and 504 plans.

House Bill 4845 creates a misdemeanor offense of swatting. Swatting is reporting by telecommunications false or misleading information to a law enforcement agency and/or emergency services knowing the information to be false or misleading. For second and subsequent offenses OR if a violation causes bodily harm to another, the offending individual is guilty of a felony. If convicted, the individual shall be fined between $5,000 and $10,000 and/or imprisoned in a state facility for one to five years.

House Bill 4850 removes the sunset date for the valuation of property producing oil, natural gas, and natural gas liquids. The bill does not change the methodology.

House Bill 4860 clarifies it is the responsibility of general education teachers and special education teachers to monitor students’ progress. The bill does require general education teachers to use supplementary services documentation sheets on days accommodations. All accommodations shall be discussed before placement.

House Bill 4863 creates the Patriotic Access to Students in Schools Act. The bill allows representatives of a patriotic society to speak with and recruit students to participate in their organization during school hours to inform them on how the patriotic society can further students’ interests and civil involvement.

House Bill 4874 updates the composition and authority of the Fatality and Mortality Review Team.

House Bill 4880 provides a 3-year phased-in exemption of 35% beginning on January 1, 2024 (65%, on January 1, 2025, and 100% on January 1, 2026, respectively) from WVPIT of Social Security benefits received by a taxpayer with a Federal Adjusted Gross Income that exceeds $100,000 or less if married filing jointly, or $50,000 or less if single or married filing separately.

House Bill 4882 extends in-state tuition rates to all members of the armed forces, National Guard, reserves, and veterans, as well as their spouses and dependents. Currently, they must move here and wait a year to qualify for in-state tuition. The committee substitute clarifies the eligibility for instate tuition does not preclude them from other waivers for tuition.

House Bill 4883 gives pay raises to state workers whose pay scales are in state code, which includes state police personnel and public-school educators. State police personnel will receive a $2,900 annual salary increase. Teachers will receive a $2,460 annual pay increase, with school service personnel receiving an additional $140 a month.

House Bill 4911 authorizes the sale of raw milk. The bill requires any container of raw milk sold to be labeled as “unpasteurized raw milk” with the name and physical address of the seller, date of production, and a specific warning about foodborne illness.

House Bill 4919 permits a student to reapply for the Promise Scholarship on an annual basis if that student falls out of eligibility during the academic year in college.

House Bill 4933 provides a $2,000 limit for Medicaid Dental Coverage every two years. Recipients must pay for services over the $2,000 limit. It takes effect on July 1, 2024.

House Bill 4940 clarifies that squatting is trespassing. The bill states squatters can be removed from property and charged with a criminal misdemeanor.

House Bill 4945 modifies how the HOPE Scholarship is funded, the composition and the powers of the HOPE Scholarship board, and the parents’ agreement for the recipient of HOPE funds. The bill makes HOPE Scholarship Board records confidential and not subject to FOIA.

House Bill 4951 enacts the Interstate Compact for School Psychologists.

House Bill 4967 provides environmental liability protections to individuals who want to purchase and redevelop brownfield properties for economic development.

House Bill 4971 limits property tax on critical materials manufacturing.

House Bill 4975 requires the Department of Human Services to create and incorporate into the current child welfare system foster care communication system. The system should be fully implemented by July 1, 2026.

House Bill 4976 requires the General Inspector’s contact information on all state agencies and boards’ websites.

House Bill 4984 repeals the tax credit for employing former employees of Colin Anderson Center.

House Bill 4986 provides computer science and cybersecurity instruction for adult learners.

House Bill 4998 modifies the penalty for third offense conviction of shoplifting by removing a provision that would allow home detention to be used after one year of incarceration. The bill states that if the court finds evidence that the person who was convicted a third or subsequent time is found to be abusing drugs or alcohol, the court shall order an evaluation to determine if the individual has a substance use disorder. If so, the court shall order treatment for the substance use disorder.

House Bill 4999 expands the exception of spousal privilege to include cases of crime against grandchildren, minors, or any person with a mental disability.

House Bill 5006 amends the A. James Manchin Rehabilitation Environment Action Plan. The plan is an effort with the DEP to address litter, waste, dumps, and recycling programs. The bill requires recycling establishments to report to DEP the listed materials that are being recycled in the state. The bill also establishes new criteria for evaluating the success of the state’s recycling, which must be evaluated every five years. These changes are to ensure federal funding. The WV DEP shall report recycling data to the US EPA.

House Bill 5013 amends the definition of managed timberland to be more inclusive of certain real estate by removing an exception to the program concerning subdivisions and planning ordinances. The bill also expands upon the definition of an exception to the program concerning property precluded from development.

House Bill 5014 is a supplementary appropriation to the WVU General Administration Fund for $2,000,000 to fund a Pilot Program through the Rockefeller Neurosciences Institute. The team at WVU RNI developed a tactic to use ultrasound to treat Parkinson’s, Alzheimer’s, and opioid use. The team has received FDA clearance to expand the program to treat PTSD and obesity. The two health concerns are very prominent in West Virginia.

House Bill 5017 creates a statewide permit for mobile food service establishments. The permit will be issued from the vendor’s local or county health department. A vendor in compliance with the issuing health department is in compliance with all health departments. The permit shall be valid for up to a year. No additional fees can be charged for any in-state venter that has received the statewide permit. Each vendor is required to notify the local health department where they will be operating at least 72 hours before operation begins.

House Bill 5019 removes the requirement that an individual must return/surrender a license when downgrading or disqualifying a driver’s license.

House Bill 5024 amends provisions of the WV Code relating to the WV personal income tax. The bill creates a new exemption from personal income taxes for non-grantor trusts when the trust was created under WV law or has its situs in WV and is administered by a WV resident or cooperate trustee with a place of business or physical presence in the state.

House Bill 5045 clarifies carbon sequestration may not pollute groundwater.

House Bill 5056 allows full-time school service personnel to substitute in other service personnel positions on a day-to-day basis.

House Bill 5057 sets the referral fee for an insurance company or producer to a one-time fee of no more than $100.

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