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

In Case You Missed It… 2024 Completed Legislation, Part 5

(2575 Introduced Bills; 877 were introduced in the Senate; 279 Completed; 156 Senate Bills)

Senate Bill 2 authorizes the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations.

Senate Bill 17 authorizes the Department of Health to promulgate a legislative rule relating to public water system operators.

Senate Bill 31 authorizes the Department of Human Services to promulgate a legislative rule relating to the collection and exchange of data related to overdoses.

Senate Bill 36 authorizes the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to law enforcement training and certification standards.

Senate Bill 50 authorizes the Insurance Commissioner to promulgate a legislative rule relating to AIDS regulations related to insurance.

Senate Bill 60 authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to motor vehicle titling.

Senate Bill 142 clarifies that an annual report with a $25 filing fee must be filed and paid between January 1 and June 30 of each year following the calendar year in which a business was registered in West Virginia.

Senate Bill 146 creates the adult education task force to study and consider funding options, existing funding sources, and the best approach to providing direct funding for adult learning centers.

Senate Bill 147 adds the definition of “ammunition” to obtain a state license to carry concealed deadly weapons.

Senate Bill 148 establishes an auto-renewal program for wildlife licenses.

Senate Bill 149 relates to municipalities required to be represented on county authority boards and establishes that only municipalities with 1,000 or more residents are required to be represented on a county authority board.

Senate Bill 159 prohibits persons convicted of certain crimes against minors from holding positions on boards of education.

Senate Bill 164 relates to trespass generally, including a provision that a person convicted with liability resulting from trespass is “liable to the victim in an amount equal to twice the monetary value of any damage or waste he or she caused to the property which includes the cost of cleanup.”

Senate Bill 166 updates contested election procedures and events through sections of the state election code. It moves election contestations from county commissions to circuit courts and gives a right to appeal to the state Supreme Court of Appeals. It also provides procedures for recounts that must be followed before an election can be contested. Finally, it clarifies that the burden of proof lies with the party that initiated the contest.

Senate Bill 170 includes three types of cancer for which rebuttable presumption of injury from employment exists for firefighters and provides that the presumption for the three types of cancer expires July 1, 2027, unless extended by the Legislature.

Senate Bill 171 prohibits county commissions from passing ordinances or rules stricter than state law regarding agricultural operations.

Senate Bill 172 revises the requirements of local school improvement councils (LSIC). The bill changes the makeup of the LSIC by removing the requirement of a bus driver as one of the ESP members and gives the principal the ability to appoint the three parent/guardian/custodian members instead of a PTO election. The bill requires minutes to be taken at every meeting and then made available to the public on the school’s website. The bill also requires the state board to ensure training in the role and governance of LSICs would be provided to principals, county boards, and others the state board determines appropriate, upon employment and every three years thereafter.

Senate Bill 173 restricts the right of first refusal for the manufacturers and distributors of automobiles when it comes to buying in-state dealerships under certain circumstances.

Senate Bill 190 modifies the definition of “sexual contact” in state law by removing the exemptions for sexual abuse by a spouse.

Senate Bill 200, the Budget Bill, outlines the state’s 2025 fiscal year budget, which totals $4.996 billion.

Senate Bill 217 authorizes the state and its subdivisions to negotiate lower prices for construction when all bids received exceed the maximum budget.

Senate Bill 222 states: “The Department of Tourism and the Department of Veterans’ Assistance, shall develop a comprehensive plan for the development of, and support for, a program which encourages the use of state parks and forests by veterans of this state. The plan may include, without being limited to, reduced or discounted rates on charges for campground rental fees, lodging, and park activities.”

Senate Bill 240 increases fees charged by sheriffs to increase the portion of fees directed to the Deputy Sheriff Retirement Fund

Senate Bill 261 creates the West Virginia Veterans’ Home Loan Mortgage Program Act of 2024. The program would be open to veterans and members of the National Guard and Reserves who are first-time homebuyers and would allow them to obtain home mortgage loans that are at least one percentage point lower than rates available in the marketplace or through other housing programs. The bill’s language requires the veteran to contribute a minimum amount of $2,500 toward the purchase. The required contribution may go toward paying any closing costs incurred by the veteran. There is no limit on the maximum amount of income that may be earned by an eligible veteran for the reduced-rate loan. The program will be administered by the West Virginia Housing Development Fund.

Senate Bill 262 clarifies the procedure for the administrative dissolution of corporations by the Secretary of State.

Senate Bill 269 excludes drug test strips from the definition of drug paraphernalia and specifies that the possession, sale, and purchase of drug test strips is not prohibited in the state.

Senate Bill 280 allows teachers to discuss all scientific theories and creationism theories in public schools.

Senate Bill 300 continues the role of a separate, autonomous Office of the Inspector General. The Department of Health shall provide administrative support upon request.

Senate Bill 318 requires that adoption petitions be filed only after a biological parent’s appeal has been denied, or their allotted time to file such an appeal has elapsed.

Senate Bill 325 deals with the distribution of drugs to safety net providers and contract pharmacies. Under a federal program, it would have pharmaceutical companies cut costs on many drugs sold to pharmacies by 50 percent.

Senate Bill 331 allows counties to save excess funds by eliminating the cap on the maximum amount of money in a county’s financial stabilization fund.

Senate Bill 354 creates the West Virginia Advanced Energy and Economic Corridor Authority Commission. The legislation addresses economic development along the King Coal Highway that once completed will run through McDowell, Wyoming, and Mercer counties among others in the state. The authority will consist of 15 members involved in economic, commercial, or industrial development in the region.
One representative will be chosen by the governor from five counties. Others involved in the authority will include region one and region two planning representatives as well as private sector groups and a utility company member. Once representatives are established on the authority they will begin giving annual reports to the legislature that will highlight projects and partnerships dealing with the King Coal Highway.

Senate Bill 370 corrects the court for appeals of level 3 decisions. Per SB 275 (2021), effective July 1, 2022, the Intermediate Court of Appeals is the proper appellate court for appeals of level 3 decisions issued by the Public Employees Grievance Board.

Senate Bill 378 prohibits smoking in a vehicle when a minor 16 or under is present. It is a secondary misdemeanor offense.

Senate Bill 400 establishes a waiver of the requirement to obtain a certificate of public convenience and necessity for projects that are approved by the Infrastructure and Jobs Development Council and funded by ARPA/SFR monies through Economic Enhancement Grant Fund grants. The waiver expires on January 1, 2025.

Senate Bill 428 establishes appeals from administrative rulings are to be filed with the Intermediate Court of Appeals.

Senate Bill 429 provides additional options for farm-use vehicle tag placement.

Senate Bill 430 establishes the West Virginia Rent-to-Own Act, providing several regulations in rent-to-own agreements.

Senate Bill 438 modifies roster requirements of authorizing entities. This relates to requirements for rosters of individuals who have obtained professional, occupational, and trade licenses, registrations, and certificates made available to the public; establishes exceptions for certain authorizing entities; and removes geographical information from rosters.

Senate Bill 439 authorizes certain 911 personnel to be members of the Emergency Medical Services Retirement System under certain circumstances.

Senate Bill 445 reduces the certification periods for EMS personnel from four years to two years to align certification periods with those of the National Registry of Emergency Medical Technicians and to reduce the certification renewal fees to correspond with the shorter certification period. The bill also requires the Office of Emergency Medical Services to publish disciplinary actions taken against certified EMS personnel on its website.

Senate Bill 451 directs the Prosecuting Attorneys Institute to establish a training program for all newly appointed or newly elected prosecuting attorneys.

Senate Bill 452 designates certain water and wastewater facilities as emergency projects.

Senate Bill 453 requires any pharmacy benefit manager (“PBM”) who contracts with PEIA to be entirely transparent in providing its full data around pricing and payments for drugs and to pharmacies.

Senate Bill 461 extends when the Fort Henry Economic Opportunity Development District may be abolished or terminated and increases the land area within The Ridges Economic Opportunity Development District subject to the special district excise tax.

Senate Bill 462 is the yearly bill that updates definitions of certain terms used in the Personal Income Tax Act.

Senate Bill 466 requires the state board of education to develop a Safety While Accessing Technology education program. The program will teach students to understand and navigate potential dangers they may face online and on social media platforms. The program will be taught once a year in grades 3 through 12.

Senate Bill 475 requires more review and regulations for unscrupulous substance use disorder recovery residences. The bill is intended to crack down on operators who often pack clients into substandard dwellings and treatment practices to skim federal grant dollars from those who want to get clean and sober.

Senate Bill 477 prohibits the public disclosure of personal information on the Internet.

Senate Bill 482 makes changes regarding the Ethics Commission’s rulemaking requirements. The bill modifies the definition of lobbying; removes the ability of the commission to promulgate rules regarding registration of persons exempt from lobbying requirements; removes the requirement that lobbyists’ photographs meet specifications established by rule, removes the requirement that the commission establish a fee for lobbyist training by rule; and establishes that sponsors of grassroots lobbying campaigns report certain information on expenditures over $5,000.

Senate Bill 483 is the yearly bill that amends the Corporation Net Income Tax Act.

Senate Bill 487 requires periodic review of professional development for teachers and education staff. The review will happen every five years.

Senate Bill 503 protects belief-based student organizations at higher education institutions from certain types of discrimination.

Senate Bill 504 modifies elements of a felony offense pertaining to when a school employee or volunteer engages in sexual intercourse, intrusion, or contact with students.

Senate Bill 507 repeals WV EDGE. The WV EDGE program became unnecessary with the passage of the dual enrollment pilot program.

Senate Bill 529 includes Salem University in the PROMISE Scholarship Program.

Senate Bill 530 removes the requirement for counties to draft and adopt zoning ordinances.

Senate Bill 533 allows an emergency medical services agency to triage and transport a patient to an alternative destination in the state or treat in place if the ambulance service is coordinating the care of the patient through medical command or telehealth services. The bill requires insurance plans to provide coverage for those services.

Senate Bill 539 creates a new centralized database for West Virginia’s cold cases. Law enforcement agencies across the state will be able to send information to the Fusion Center where it will then be compiled into one database where agencies will be able to collaborate and even see possible patterns. The database will include unsolved violent crimes, sex crimes, missing persons and unidentified human remains. The bill also creates partnerships between the Fusion Center, Marshall University, and West Virginia State Police in the use of this database and technology.

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