Monday, April 28, 2025
Monday, April 28, 2025

2025 Completed Legislation: Part 6

Senate Bill 712 relates to retirement provisions across multiple public employee retirement systems in West Virginia, including the Public Employees Retirement System, Deputy Sheriffs’ Retirement System, Municipal Police and Firefighters Retirement System, State Police Retirement System, Emergency Medical Services Retirement System, Teachers Retirement System, Natural Resources Police Officers Retirement System, and Judges’ Retirement System. The bill makes several key changes: it defines terms like “bona fide separation from service upon retirement” and “participating public employer”; updates the definition of “active military duty” to include the United States Space Force; amends the definition of “required beginning date” to align with federal law; clarifies notification requirements when a retirant returns to work; adds the Emergency Medical Services Retirement System to the pick-up provisions for members’ contributions; modifies provisions for retired public safety officers to pay qualified health insurance premiums; clarifies recall provisions for retired judges; and provides technical clean-up of various retirement system provisions.

Senate Bill 715  establishes new confidentiality protections for personal information held by the Consolidated Public Retirement Board (CPRB), recognizing the heightened risks of fraud and identity theft. Specifically, the bill declares that all records maintained by the CPRB containing personally identifiable information about retirement system members, retirees, beneficiaries, or alternate payees are confidential and exempt from public disclosure under existing state freedom of information laws. The protected information includes, but is not limited to, sensitive details such as Social Security numbers, account numbers, birth dates, addresses, phone numbers, email addresses, medical information, and direct deposit data. While the information remains strictly confidential for general public access, the bill ensures that the individuals to whom the records pertain or persons they authorize can still access their own personal information.

Senate Bill 716  addresses the process for police officers and firefighters hired after July 1, 2015, to transfer from the Public Employees Retirement System (PERS) to the Municipal Police Officers and Firefighters Retirement System (MPOFRS). Municipalities can elect to include only officers and firefighters hired after July 1, 2015, in the new retirement system, with a deadline of July 1, 2025, to make this decision. When an eligible officer or firefighter chooses to transfer, they must pay a 4 percent contribution no later than June 30, 2027, calculated on their total transferred earnings with 7.5 percent interest. If they fail to make this payment, their service years will be transferred back to PERS by December 31, 2027, and previously transferred assets will be returned. The Consolidated Public Retirement Board will transfer the employee’s assets and service credits, calculating the transfer amount using a complex formula that considers the system’s funded percentage and market value. Once transferred, the employee is barred from receiving any PERS retirement benefits until they obtain new employment that would allow re-entry into the system. This creates a one-time, irrevocable transfer option for eligible municipal police and firefighters.

Senate Bill 722 creates the West Virginia Short Line Railroad Modernization Act, which establishes a tax credit program to support short-line railroads and related infrastructure in the state. The bill defines eligible taxpayers as Class II or Class III railroads or owners of rail sidings and industrial tracks in West Virginia. It provides two types of tax credits: a 50 percent credit for qualified railroad maintenance expenditures (limited to $5,000 multiplied by the number of track miles owned or operated) and a 50 percent credit for new rail infrastructure expenditures (capped at $2 million per project and $5 million annually). To claim the credits, eligible taxpayers must submit certificates or applications to the Tax Commissioner detailing their expenditures and track miles. The credits can be used against various state taxes, carried forward for up to five years, and even transferred to other taxpayers through a formal process. The bill requires the Tax Commissioner to submit a biennial review report to state leadership evaluating the program’s effectiveness, including metrics like the number of taxpayers claiming credits and total expenditures. The tax credit program will expire on July 1, 2030, unless the Legislature reenacts it.

Senate Bill 734 repeals the section of code which previously addressed the A. James Manchin Rehabilitation Environmental Action Plan’s procurement of recycled products. The legislation effectively removes this entire section of the law, eliminating the existing provisions related to recycled product procurement under this specific environmental action plan.

Senate Bill 736 updates the requirements for lobbyist information publication in West Virginia. It mandates that each registered lobbyist submit a recent photograph to the state Ethics Commission along with their employer’s name and a brief biographical description. The picture and related information must be published on the commission’s website in a format that allows for easy printing and electronic searching. The legislation specifies that the lobbyist can voluntarily expand the biographical information, but it is limited to 50 words.

Senate Bill 738 eliminates the Employee Suggestion Award Board. The legislation dissolves the board and removes its legal authorization to operate.

Senate Bill 746  amends existing West Virginia law to expand the State Board of Education’s ability to delegate its Medicaid provider status to public charter schools. The state board is responsible for becoming a Medicaid provider to seek out and provide services to Medicaid-eligible students. The bill clarifies that this provider status can be delegated to educational services cooperatives, county boards, and public charter schools. The legislation requires the State Board of Education to continue producing an annual report to the Legislature detailing Medicaid-related information, now explicitly including data from public charter schools. Additionally, the bill maintains the existing School Health Services Advisory Committee, which advises the Secretary of Human Services and State Superintendent on improving Medicaid service provision and reimbursement for school-based services.

Senate Bill 747 amends the West Virginia Real Estate License Act, changing real estate brokers’ business location requirements. Specifically, the bill creates an exception to the existing rule that requires all real estate brokers to maintain a definite place of business within the state. Under the new provision, nonresident brokers who already hold a definite place of business in their home jurisdiction will not be required to establish a separate office in West Virginia.

Senate Bill 765 establishes the Troops-to-Teachers Program in West Virginia to attract and recruit veterans of the armed forces to become public school teachers. The program will provide a pathway for honorably discharged military members to obtain a professional teaching certificate by meeting specific requirements, including holding at least a bachelor’s degree related to the teaching position, passing required subject matter and basic skills tests, and completing a criminal background check. Veterans will be given preference in hiring and will be exempt from additional teacher certification requirements beyond the basic qualifications. The legislation modifies existing education codes to create a dedicated route for military veterans to transition into teaching, recognizing their unique skills and experiences. The professional teaching certificate issued under this program will be valid for three years. It can be converted to a five-year certificate after a beginning teacher induction program is completed.

Senate Bill 794 modifies state code to authorize the Commissioner of the Division of Highways to design and place warning signs, specifically targeting signs advising travelers about road conditions such as unimproved or primitive roads. The legislation allows the Commissioner to create such signs with the important caveat that these signs must not jeopardize federal highway funding. The bill recommends that these warning signs urge travelers to use high-ground clearance four-wheel drive vehicles when navigating challenging road conditions.

Senate Bill 800  updates West Virginia’s insurance holding company system regulations to enhance financial oversight and transparency. The bill requires insurance companies, part of a holding company system, to file a group capital calculation annually, with specific exemptions for smaller or federally regulated insurers. The legislation mandates that insurers meeting specific criteria also file liquidity stress test results using the National Association of Insurance Commissioners (NAIC) framework. The bill gives the Insurance Commissioner expanded powers, requiring insurers in hazardous financial conditions to secure a deposit or bond for protection. It also clarifies that all records and data of an insurer held by an affiliate remain the insurer’s property and are subject to its control.

Additionally, the bill makes affiliates of domestic insurance companies subject to the Commissioner’s jurisdiction in supervision or receivership proceedings. It requires insurers to pay reasonable expenses related to supervisory college participation. The legislation also includes strict confidentiality provisions for sensitive financial information and prohibits the publication of potentially misleading comparisons of group capital calculations or liquidity stress test results.

Senate Bill 810 clarifies the requirements for certified registered nurse anesthetists (CRNAs) to administer anesthesia in West Virginia. The legislation defines “cooperation” as a team-based approach where CRNAs work alongside physicians, dentists, or podiatrists, with the medical care always directed by the physician or dentist. To be eligible to administer anesthesia, a CRNA must have a current registered nursing license and an advanced practice registered nurse license, complete a nationally accredited nurse anesthetist educational program, and hold current certification from a recognized national certifying body. The bill specifies that a dentist may only work with a CRNA if they hold a specific anesthesia permit, and the physician or dentist is not liable for the CRNA’s actions. Importantly, CRNAs do not have independent practice authority and may only use specific professional titles. The Board of Nursing must submit annual reports to the Legislature detailing any reported issues or treatment complications related to anesthesia administration by CRNAs, with the first report due by July 1, 2026.

Senate Bill 823 clarifies and separates the duties between the Division of Emergency Management (DEM) and the Department of Environmental Protection (DEP) by modifying reporting and investigative responsibilities for industrial facilities and well/pipeline emergency events. For industrial facilities, the bill requires that any emergency event (such as explosions, fires, or hazardous substance releases) be reported within 15 minutes to either the Mine and Industrial Accident Emergency Operations Center or local 9-1-1 center, with specific details about the incident. The DEP will now be responsible for investigating these events and can impose civil penalties of up to $100,000 for non-compliance, with all collected penalties deposited into the Hazardous Waste Emergency Response Fund. Similarly, the bill mandates reporting incidents within 15 minutes for well and pipeline operators and allows the DEP to impose civil administrative penalties between $2,500 and $50,000 for failure to provide timely notice.

Senate Bill 825 permits higher education institutions in West Virginia to enter into agreements with specific nonprofit organizations focused on economic development and job creation. The legislation allows state colleges and universities to collaborate with 501(c) tax-exempt, nonstock nonprofit corporations exclusively dedicated to economic development goals. Key provisions include allowing the institution’s president and appointees to potentially serve as voting corporate directors, exempting corporate director meetings from specific open meeting requirements, and allowing the corporation to be designated as the institution’s economic development entity. The bill’s legislative findings emphasize that such partnerships can enhance research opportunities, simplify research grant acquisition, and support the competitive positioning of higher education institutions. Additionally, the legislation aims to foster economic development by creating a flexible framework for colleges to engage with nonprofit entities, aiming to promote economic welfare and job creation in the state. The agreements between institutions and corporations can be structured under mutually agreed terms, providing significant latitude in how these economic development partnerships are formed and executed.

Senate Bill 828 clarifies and expands the definition of individuals who can be prosecuted for sexual offenses against incarcerated or supervised persons within the West Virginia correctional system. Specifically, the legislation explicitly includes contracted vendor staff who work at correctional or juvenile facilities subject to the same criminal penalties as direct employees of the Division of Corrections and Rehabilitation. Under this bill, any person working in such a facility who engages in sexual intercourse, sexual intrusion, or sexual contact with an incarcerated or supervised individual can be charged with a felony, facing potential fines of up to $5,000 and imprisonment in a state correctional facility for 1-5 years. The bill covers a range of professionals, including correctional staff, parole and probation officers, and alternative sentence program workers, and now explicitly includes contracted vendor personnel. This expansion ensures that all individuals with access to incarcerated or supervised persons are held to the same legal standards and can be prosecuted for sexual misconduct, regardless of their employment status or specific role within the correctional system.

Senate Bill 833 clarifies that pharmaceutical medications are excluded from the prior authorization “gold card” process for various West Virginia health insurance and healthcare organizations. The bill amends multiple sections of the state code to specify that while healthcare practitioners who consistently receive high prior authorization approval ratings can be exempted from the prior authorization process for most services, this exemption does not apply to pharmaceutical medications. Under the bill, health insurers, the Public Employees Insurance Agency, and health maintenance organizations must still require prior authorization for pharmaceutical drugs, even if a healthcare provider has achieved “gold card” status by demonstrating a 90 percent prior approval rating. The bill requires that these organizations maintain an electronic portal for prior authorization requests, respond to requests within specific timeframes, and provide clear communication about the status of prior authorization requests. The changes will take effect for policies and agreements beginning on or after January 1, 2024, and apply to all health insurance policies in the state after that date.

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