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

In Case You Missed It… 2024 Completed Legislation, Part 3

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

House Bill 5084 requires that a valid driver’s license, state identification card, or military identification card be presented to verify the minimum age of eighteen for the purchase of tobacco-related products.

House Bill 5091 removes the requirement that critical infrastructure be enclosed by a fence or barrier or marked with no entry sign. The bill increases penalties for the destruction or theft of critical infrastructure. The bill also adds digital equipment, relating to damage from a cyber-attack or digital interference.

House Bill 5105 removes the requirement that students attending virtual charter schools be vaccinated unless they want to participate in WVSSAC-sanctioned athletics. The bill also allows private or parochial schools to set their own vaccination guidelines unless students want to participate in WVSSAC-sanctioned athletics.

House Bill 5117 reduces needless rule-making where the rule that is proposed simply restates the code provisions regarding the waiver of initial licensing fees for low-income individuals and military families.

House Bill 5122 removes the upper limitations on the age at which deputy sheriffs and municipal police officers may be initially appointed.

House Bill 5128 directs the transfer of money into fire protection funds at the end of each fiscal year.

House Bill 5151 adds former foster parents to the definition of fictive kin. The bill also adds a definition for the restorative justice program.

House Bill 5153 updates the requirements of the WV STEM Scholarship. It allows for students of public, private, charter, home, mico, and pod schools to be eligible for the scholarship.

House Bill 5157 modifies the tax rate for health care providers increasing it as needed to provide non-federal share funding. The Bureau for Medical Services is granted the authority to calculate the new rate. The new rate is required to be within the allowable rates of the Center for Medicare and Medicaid Services (CMS) and the calculation must be done according to CMS-approved methodologies. The Tax Commissioner is required to publish the new rate. The bill also opens the provider tax up to all types of facilities.

House Bill 5162 creates the “Youth Apprenticeship Program” which allows students 16 years or older the opportunity to enroll in apprenticeship programs, which would allow them to receive credits for the apprenticeship. The bill makes the WV Department of Education responsible for establishing the program, including setting standards, providing guidelines for county boards to approve local enterprises, and granting release time from public schools to participate in the program. The bill requires that the State Board of Education, Higher Education Policy Commission, and Department of Commerce jointly maintain a list of current apprenticeships throughout the state along with free career exploration resources and planning materials for postsecondary opportunities in addition to credentials, certifications and/or exams that reflect industry requirements or lead to postsecondary credit.

House Bill 5170 increases the matching grants for local economic developments to $50,000.

House Bill 5175 abolishes the Center for Nursing and creates the Office of Nursing Education and Workforce Development within the Higher Education Policy Commission. The bill moves all the functions of the Center for Nursing to the Office of Nursing Education and Workforce Development, which will be charged with providing support for expanding nursing programs, promoting, and coordinating opportunities for nurses to earn higher degrees, administering the scholarship program for nurses, and collecting and disseminating data.

House Bill 5178 allows for the DMV’s online electronic insurance verification system may be accessed by new and used motor vehicle dealerships in this state to verify if a prospective purchaser has valid motor vehicle insurance.

House Bill 5188 eliminates the prerequisite that a disabled police officer or firefighter be found unable to engage in other substantial gainful employment before awarding disability benefits.

House Bill 5213 provides for one free Gold Star Family license plate to a Gold Star spouse.

House Bill 5232 clarifies that an employer may not terminate or take any other adverse action against an employee for lawfully possessing a firearm in a motor vehicle unless statements are made pertaining to unlawful purposes or terroristic threats.

House Bill 5261 expands the definition of small arms to include the receiver or frame for purposes of taxation.

House Bill 5262 establishes the Teacher’s Bill of Rights. It divides the duties of counselors, the student-to-instructor ratio for special education classes, and compensation when the teacher-to-student ration is exceeded. The bill also clarifies the process for the removal of students.

House Bill 5267 amends the Deputy Sheriff Retirement System. The bill substitutes “credited service” with “contributory services” and “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5268 clarifies that horizontal wells and horizontal drilling well work include the injection of fluids or gasses to enhance the recovery of oil and natural gasses.

House Bill 5273 provides a method of calculating death benefits for an Emergency Medical Services Retirement System surviving spouse of a member who was not 60, had more than 10 years of contributory service, was receiving non-duty related disability, and died. The bill authorizes a refund of accumulated contributions for members who die from non-duty-related injury and do not have enough service to qualify for a death benefit from the plan. The bill also substitutes “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5294 removes the winery classification system. The bill allows brewers to offer both complimentary samples and for sale samples (aka flights) on and off premises. The bill provides sampling limits in ounces for beer, liquor, and wine. The bill makes changes to align with the new PODA dual licenses with fairs and festivals.

House Bill 5295 authorizes private outdoor designated areas (PODAs) to host multiple qualified permit holders at the same time. The bill allows for dual licensing of fairs and festivals at the same time as other PODAs. The bill allows for any Class A, Class B, or Class S2 license holder to apply and receive a Class S4 license to operate as a qualified permit holder within a PODA. The bill clarifies that qualified permit holders in a PODA do not share liability or responsibility. Municipalities determine if they want to allow PODAs to happen. If the municipality decides to allow PODA, the qualified permit holder (Class A, B, or S2) can then apply for an S4 license. Each entity participating must have its own liability insurance including the city.

House Bill 5298 prohibits unsuccessful candidates in a primary election from being nominated by a different political party for placement on the subsequent general election ballot.

House Bill 5317 makes it permissive for commercial motor vehicles registered in West Virginia to pass an annual inspection of all safety equipment to be consistent with the federal motor carrier safety regulations.

House Bill 5326 prohibits unfair real estate services agreements. The bill defines an unfair agreement to be an agreement that: (1) runs with the land/binds future owners; (2) creates a lien or security interest in the property; (3) allows the contract to be assigned without timely notice to the owner; and (4) lasts longer than 1 year (for residential properties). Under this law, unfair real estate agreements are void and a person subject to an unfair real estate agreement has a private right of action for injunction.

House Bill 5332 exempts persons who have previously been commissioned as a notary public from the requirement of having a high school diploma or its equivalent.

House Bill 5338 creates the Consumer Data Protection Act to establish a framework for controlling and processing personal data in the state. The bill clarifies these standards do not apply to state and local governmental agencies. The bill provides exemptions for certain types of data.

House Bill 5347 establishes a program where emergency medical technicians for EMS can become certified paramedics after three years of service, with costs paid by the state.

House Bill 5348 renames the Raleigh County Recreation Authority to the Raleigh County Parks and Recreation Authority.

Related Articles

Latest Articles