Friday, November 21, 2025
Friday, November 21, 2025
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Senate Passes Bill to Eliminate Business Inventory Tax

The Senate met at 11:00 a.m. on Monday and discussed SB 837. This bill creates a 6-year phase out of personal property taxes on manufacturing machinery, equipment, automobiles and inventory. The bill creates a Special Revenue Account which provides that the Legislature restore funding to counties and municipalities in compensation for the tax cut.

The bill calls for an increase in sales tax to 6.5 cents per dollar to provide for the tax cut. The bill calls for a tax increase on cigarettes to $2.00 per 20 cigarettes. Other tobacco products, E-cigarettes and vaping products would see a tax increase to 50% of the wholesale price. All money collected from these taxes would be deposited into the Special Revenue Account.

The bill would become effective if Senate Joint Resolution 9, a constitutional amendment granting the legislature the right to eliminate or lower Ad Valorem Tax on personal property, is voted for by West Virginian citizens.

The Senate was very divided when discussing the bill, some believing that this would improve West Virginia’s competitive economic environment while others feared that West Virginians would suffer from the sales tax while large corporations benefitted.

Senator Mike Romano, D-Harrison, expressed the concern that the large corporations benefiting from the tax break will take that money back to the headquarters of the business, rather than feed the money from the tax cut back into West Virginia’s economy.

Senator Chandler Swope, R-Mercer, rose in support of the bill, saying that cutting the taxes is a good investment to help foster business in the State. One of his arguments in favor of the bill is that eliminating the tax can help to raise wages in the state.

Senator Paul Hardesty, D-Logan, opposed the bill, saying that the tax breaks already implemented, as well as similar steps already taken, are not meeting current expectations.

Senator Eric Tarr, R-Putnam, stated his approval of the bill. “Growth is undeniable with this plan,” he said.

Senator Charles S. Trump IV, R-Morgan, rose in strong support of the bill, referring to SB 837 as an “extraordinary piece of legislation”. Trump stated that the tax break would provide for more West Virginian businesses to thrive and afford to hire West Virginian citizens. “This tax is a job-killer,” he said, “and we have suffered under the illusion that there’s nothing we can do about it.”

Senator Craig Blair, R-Berkeley, closed the debate by urging a Yes-vote. In response to those who opposed the bill, he stated that the bill would only be implemented with the consent of the majority of West Virginian citizens. He said that this tax cut would improve the business environment, create jobs, encourage competition, and foster investments in the state.

When the Senate voted on the bill, it passed 17-16 and advanced to the House.

The Senate also passed 20 other Senate bills on Monday.

SB 528 creates the Uniform Worker Classification Act. The purpose of the bill is to create a test to distinguish independent contractors from employees. This bill was also debated by the Senate. Senator Trump presented the bill, stating that this would help to decrease confusion for businesses.

This was also debated in the Senate, as the bill would lower the bar for what classifies an independent contractor, which do not receive unemployment compensation.

Senator Mike Romano, D-Harrison, stated that this bill doesn’t put West Virginians first and was meant to benefit lawyers and large corporations. Others stated that the bill may increase litigation rather than decrease it.

The bill passed 17-16 and advanced to the House.

SB 578 was also passed, which recalculates the tax on producing, selling and generating solar electricity. The bill aligns the price with other energy taxes. Many members of the Senate regarded this as a step forward in the state’s investment in renewable energy sources and believe that the bill would help the state to be less reliant on the coal industry.

The Senate also passed SB 689, which creates the Requiring Accountable Pharmaceutical Transparency, Oversight, and Reporting Act. This bill requires drug manufacturers and health benefit plan issuers in the state to provide cost information, changes in cost information and prescription drug statistics to the State Auditor. The State Auditor is required to publish this information on a searchable transparency website for public use.

The Senate passed Senate bills 579, 586, 651, 691, 705, 707, 723, 727, 728, 734, 751, 755, 770, 782, 787 and 838 on Monday.

The Senate also adopted Senate Concurrent Resolution 46, which requests the DEP and DHHR to propose a source-water supply study plan.

The Senate has adjourned until tomorrow at 11 a.m.

House Judiciary Advances Solar Energy Bill

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The House Judiciary Committee advanced Senate Bill 583, which creates a program to further the development of renewable resources in the state.

Senate Bill 583 aims to allow electric utility companies to expand their reach to provide energy from solar power. The purpose of this bill is to increase economic activity and diversify types of electricity within the state.

John Scalzo, a representative from Appalachian Power, testified in committee that the addition of solar services would increase their customers’ electric bills by only 18 cents per month to fund the initial creation of the project. The more customers that sign up for renewable energy, the less this cost will be.

Customers for solar energy include both residential and industrial customers. Larger industrial customers have the potential to cover the costs alone depending on their needs.

Some delegates had concerns about the efficiency of solar power on cloudy days and during nighttime. Although West Virginia is not a particularly sunny state, solar power can still be produced when the sun is covered by clouds. However, solar power is not produced during nighttime. At this point, energy companies will use coal to continue powering facilities or residential areas.

Mike Graney, the Executive Director of the West Virginia Development Office, testified in committee that some Fortune 500 companies require a certain percentage of their energy use be reusable. Because West Virginia currently does not offer renewable energy sources, these companies are not bringing their business into the state. Some of these companies include Amazon, Netflix and Google.

All of West Virginia’s surrounding states, Virginia, Kentucky, Ohio, Pennsylvania and Maryland produce renewable energy.

The production of solar energy also aims to utilize land that is not currently in use, such as abandoned coal mines or farmland.

Speaking in favor of this bill in committee, Delegate Sammi Brown, D- Jefferson said, “We don’t need to abandon one form of energy—we need to diversify. In turn, this will diversify our economy.”

Senate Bill 583 is reported to the full House with the recommendation that its do pass.

House Passes Involuntary Hospitalization Bill

In Monday’s floor session, the House passed House Bill 4009, which relates to the procedure for involuntary hospitalization.

House Bill 4009 permits a doctor to order the involuntary hospitalization of a mentally ill or addicted patient that is in clear danger to themselves or other people.

In the case of a psychiatric emergency, a doctor may hold a patient for up to 72 hours. This procedure has been established in the case where a mental hygiene commissioner, county magistrate or circuit judge is unavailable for an immediate hearing. Upon admission and up to 24 hours after admission to the hospital for the involuntary hold, the doctor must file a petition for a mental hygiene hearing. During the hold, the patient may receive medical treatment if necessary. The patient that is involuntary hospitalized must be released within 72 hours.

Judiciary Chair Delegate John Shott, R-Mercer, spoke in favor of the bill during the floor session.

“It’s not too often that we have the opportunity to pass bills that can save lives. I think this bill is one of those,” he said.

The House also passed House Bill 3127, which allows home-schooled students to participate in secondary school extracurricular activities. The Senate has passed similar legislation in recent weeks. Senate Bill 131 is called the “Tim Tebow Act,” which is named after former homeschooled NFL and current MLB player Tim Tebow.

House Bill 3127 goes further with the qualifications that must be reached before an individual is permitted to participate in extracurriculars. Students must demonstrate satisfactory evidence of academic progress for one year and be enrolled in one virtual instruction course per semester before being eligible.

This bill has been communicated to the Senate for consideration.

The House passed six other bills.

Senate Bill 657 was passed with an amendment. It will go back to the Senate for concurrence with the amendment.

Thirty bills were advanced to third reading. Forty-three bills were advanced to second reading.

The House is adjourned until 11 a.m. Tuesday.

Senate Government Organization Advances 5 Bills

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The Senate Committee on Government Organization met at 4:00 p.m. Friday and advanced 5 bills

SB 690 promotes the development of overland recreation in the state. The bill establishes a fund for the acquisition, construction, maintenance, and rehabilitation of roads for overland recreation and establishes a grant program with administration provisions to oversee applications for such grants. The bill also allows street-legal special purpose vehicles to be operated on highways and grants the Recreational Trails Advisory Board authority to use money from the Overland Recreation Fund for the sole purpose of building an overland trail system in West Virginia.

SB 521 provides for economic incentives and job creation. The bill creates the Tax and Economic Incentives Review Committee, establishes who is permitted to serve on the committee and describes the committee’s powers and responsibilities. The bill requires the review of all tax and economic incentives every five years.

SB 66 requires that state police follow the towing policies of the counties in which they operate.

SB 119 establishes an online voter’s guide on the Secretary of State’s Website. The guide would be created by the State Election Commission using information given on certificates of announcement. Candidates for statewide office would be eligible for submitting a statement as well as other information required for the certificate of announcement.

SB 687 authorizes an increase in compensation to elected county officials. Every county commissioner who desires the salary increase must file their request to the office of the clerk of the county commission before the effective date.

House Finance Advances Bill to Provide Defibrillators at School Athletic Events

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The House Finance Committee advanced a bill that would require defibrillators at any secondary school athletic event and practices.

House Bill 4497, as amended, would make this a requirement for the West Virginia Secondary Schools Activity Commission for the duration of the high school or middle school event or practice. The bill also requires the commission to have a posted emergency action plan.

The committee also advanced an originating bill that creates a new tax credit for 501(c)3 charitable organizations registered in the state. The organization could claim the credit, which is an aggregate amount of $300,000 per year, for cars donated or sold to it for donating vehicles to low-income workers. Workers who qualify under the bill would be at or below 200% of the federal poverty level. The credit is on a first-come first-serve basis.

Another bill advanced by the committee would establish a severance tax rebate for metallurgical coal mines.  Under the bill, a coal operator could qualify for the rebate if it has experienced a total increase of all mines operated. The operator would have to show an overall increase of production from all mines or it would not be able to claim the rebate.

Large seam metallurgical coal would be included in this calculation under House Bill 4439 but not small steam coal mines because of the severance tax was lowered in a bill that passed last year below the maximum required for the rebate of 5%. The committee substitute added further clarification to limit the rebate to 80% of the aggregate total of severance taxes of the rebate year compared to the base year, which was initially established.

 

 

House Passes West Virginia Impact Fund Bill

The House passed House Bill 4001, which creates the West Virginia Impact Fund.

House Bill 4001 seeks to further economic development, infrastructure development and job creation in West Virginia by the creation of the West Virginia Impact Fund, its Investment Committee and the Mountaineer Impact Office.

The Mountaineer Impact Office and Investment Committee will bring forth projects that private investors wish to fund. These entities will also look across the world for businesses that wish to pursue capital investments in the state. This includes domestic and foreign investment opportunities. The investments will go into the West Virginia Impact Fund.

Some businesses can be hesitant to make investments in our country because there is a possibility that the investment can be taken away at the federal level up to two years after the investment was made. The benefit to businesses is that they will be refunded their investment if the federal government gets in the way. West Virginia will be able to reap the benefits of their businesses, which will bring jobs and tax dollars into the state.

The Investment Committee will consist of the Governor, Secretary of Commerce, and five individuals appointed by the Governor, with the advice and consent of the Senate, that specialize in finance or economic development. The bill gives legislative control to the Impact Fund with the oversight of the state Senate.

House Speaker Roger Hanshaw, R-Clay, is the lead sponsor of this bill.

When describing the benefits of the bill to the House, Hanshaw said, “We seek to benefit the state of West Virginia by increasing employment opportunities and secondary taxes.”

Other states have created similar funds to encourage economic development with the use of tax money. This legislation does not have a fiscal note. Instead of bringing in money in with taxes, House Bill 4001 encourages private companies to invest.

“This bill shows that the state of West Virginia says to the world: ‘We legitimately want you here and we are open for business,’” Hanshaw said.

The House passed twelve other bills.

Ten bills were advanced to third reading. Thirty-one bills were advanced to second reading.

Senate Bills 573 and 623 passed, therefore completing action on the bills. House Bill 4820, relating to inventory of firearms owned by state agencies, was rejected.

Three resolutions were introduced.

The House is in recess until 6 p.m. Friday.

Following the recess, the House received Senate messages and Committee reports.

The House is adjourned until 11 a.m., Monday, February 24th.

Senate Passes Bill on Fair Pay and Employment for People with Disabilities

The Senate met at 11:00 a.m. on Friday and passed 15 bills, 3 of which originated in the House.

SB 253 provides for the fair pay and employment of disabled persons, creates a state “Employment First” policy to encourage agencies to employ disabled persons, and establishes a task force to initiate these policies. The bill provides for the DHHR Bureau of Behavioral Health, Bureau of Medical Services, Division of Rehabilitation Services and Workforce WV to put the policy into practice.

SB 130 revises procedures for suspensions of driver’s licenses for driving under the influence. The bill provides that those who have had their driver’s licenses revoked upon conviction of this offense are to complete a comprehensive safety and treatment program before the license can be reinstated.

SB 660 regulates electronic bicycles by providing for their exclusion from registration, title, insurance and driver’s license requirements. The bill prohibits the influence of alcohol and drugs on these bicycles and requires the wearing of a helmet.

House bill 4515 was also passed, completing legislation for the bill. This bill deals with wildlife resources and eligibility for license or permit application, requiring an eligibility statement for permit applications. The bill also clarifies false statements on permit applications as unlawful.

HB 4359 creates a uniform definition of “filing” and sets a flat filing fee for insurance forms and rules.

HB 4149 adds definitions relating to insurance.

The Senate suspended constitutional rules and passed 9 bills on second reading.

SB 484 requires that free feminine hygiene products be given to female prisoners, as well as female juveniles in juvenile detention centers.

SB 649 permits the director of a county or municipality emergency phone system to create contracts for emergency mobile phones if landlines are unavailable.

Senate bills 491, 672, 722, 728, 781, 789, 804 and 806 were also passed after the suspension of constitutional rules.

Senate Resolution 48 was adopted, celebrating the 12th anniversary of Bluefield College. Resolution 49 was also adopted, designating February 21st as State University Day. Two brief recesses were held for the presentation of these resolutions.

The Senate is adjourned until 11:00 a.m. Monday morning.

The Education Committee met at 1:30 p.m. in room 451M.

Following the Education Committee meeting, the Senate Judiciary Committee will meet in room 208W.

Following the Judiciary Committee meeting, The Finance Committee will meet in room 451M.

Following the Finance Committee meeting, the Committee on Government Organization will meet in room 208W.

House Legislation Feb. 15-21

As of Friday, February 21, 2020, there have been 1,513 bills introduced in the House and 160 bills have been passed and now are before the Senate.

Senate Bill 560 permits nursing homes to use trained individuals to administer medication.

Senate Bill 620 authorizes the Division of Corrections to approve home plans for inmates.

Senate Bill 209 updates code that deals with annexation through minor boundary adjustment.

Senate Bill 339 authorizes the Department of Health and Human resources to promulgate legislative rules. This includes rules relating to the state medical cannabis program.

Senate Bill 573 supplements, amends and increases appropriations of public moneys for claims against state.

Senate Bill 623 allows a noncitizen of the United States eligible for a certificate to teach if he or she holds a valid Employment Authorization Document or work permit, issued by the United States Citizenship and Immigration Services.

House Bill 4001 creates the West Virginia Impact Fund, its Investment Committee and the Mountaineer Impact Office to further economic development, infrastructure development and job creation in the State of West Virginia through investment of the assets of the fund.

House Bill 2775 requires high school students to take a one credit financial literacy course in order to graduate. This bill does not take away from any previous graduation requirements set forth by the Board of Education.

House Bill 4165 establishes the West Virginia Remembers Program. The bill authorizes the State Board of Education to maintain lists by county boards of veteran volunteers to speak in the public schools.

House Bill 4519 establishes a summer youth intern pilot program within Department of Commerce. The goal of this bill is to give students the opportunity to gain workplace experience while exploring interests for future careers.

House Bill 4621 creates the West Virginia FinTech Regulatory Sandbox, which enables a participant to obtain limited access to West Virginia’s financial services market to test innovative financial products or services prior to obtaining full state licensure or other authorization that otherwise may be required.

House Bill 4633 expands county commissions’ ability to dispose of county or district property to a nonprofit community or senior center organization without conducting a public sale.

House Bill 4729 requires higher education institutions to use previous versions or editions of instructional materials unless the board of governors approves need for most recent version or edition.

House Bill 2028 prohibits the state from requiring a public service district to have a state engineer on site during the entire construction period of projects on state rights-of-way

House Bill 4450 extends the expiration time for instruction permits issued by the Division of Motor Vehicles to persons who have reached the age of 18 years from 90 days to six months.

House Bill 4504 changes the application requirement for individuals with a permanent disability who must renew expired special registration plates and removable windshield placards.

House Bill 4543 aims to reduce the skyrocketing costs of insulin by capping the cost of a 30-day supply of insulin at $25 with insurance.

House Bill 4773 establish a workgroup study to develop statewide standards for adverse childhood trauma assessment protocols.

House Bill 4734 changes several parts of code that relate to registered professional nurses. Among many other changes, it renames The West Virginia Board of Examiners for Registered Professional Nurses to the West Virginia Board of Registered Nurses.

House Bill 4015 seeks to address economic development by permitting the existing insurance fund to insure additional broadband internet service. The bill also enacts the Vertical Real Estate Management and Availability Act, which defines the term and establishes how vertical real estate is to be managed.

House Bill 4422 prohibits anyone from attempting to derive a profit or personal gain from referring patients to a healthcare provider or facility. The bill establishes criminal penalties for any individual or business that engages in unlawful patient brokering.

House Bill 3098 allows the same business owner to brew and sell beer to also distill and sell liquor.

House Bill 2321 provides worker’s compensation for first responders diagnosed with PTSD. The PTSD must be the result of an event that occurred during their employment.

House Bill 4523 removes the limitation of number of apprentice hunting and trapping licenses a person may purchase.

House Bill 4557 includes the ability to impose civil penalties for good cause upon a facility providing care and treatment to mentally ill or intellectually disabled individuals and group residential homes treating behaviorally disabled individuals.

Senate Legislation Feb. 15-21

As of Friday, February 21, 2020, 842 bills have been introduced to the Senate. Of those bills, 153 have passed and advanced to the House.

SB 130 revises procedures for suspensions and revocations of driver’s licenses for driving under the influence. The bill provides that those who have had their driver’s licenses revoked upon conviction of this offense are to complete a comprehensive safety and treatment program before the license can be reinstated.

SB 253 provides for the fair pay and employment of disabled persons, creates a state “Employment First” policy to encourage agencies to employ disabled persons, and establish a task force to initiate these policies. The bill provides for the DHHR Bureau of Behavioral Health, Bureau of Medical Services, Division of Rehabilitation Services, and Workforce WV to put the policy into practice.

SB 265 establishes a program to reclaim abandoned and dilapidated buildings in the state to improve our communities and open new parcels for development. This program, designated the Reclamation of Abandoned and Dilapidated Properties Program will provide WV counties with a new tool to invite investment in our communities.

SB 279 requires dental insurance plans to honor an assignment of payments due under the policy to individuals who sign the agreement.

SB 291 requires PEIA and other health insurance providers to provide mental health parity. This would be divided between mental health, behavioral health, substance abuse disorders and medical procedures.

SB 484 requires that free feminine hygiene products be given to female prisoners, as well as female juveniles in juvenile detention centers.

SB 490 addresses criminal offenses against agricultural facilities. The purpose of the bill is to protect these facilities by establishing that damaging, destroying, or depriving the operator of a facility of their property is a criminal offense. The bill males a person who commits such an offense liable for twice the amount of the damages they cause.

SB 502 increases the penalty for methamphetamine trafficking. The bill defines the different terms and degrees of this felony and provides a description of how the penalty should be implemented.

SB 562 clarifies expungement of certain criminal convictions. The bill also eliminates the requirement that the chief law enforcement officer or head of a law-enforcement agency is sought where such an agency was not the arresting agency. The bill also clarifies that the Commissioner of Corrections is served with a copy of the petition for expungement if the petitioner was confined for a crime they seek to have expunged.

SB 610 removes the resident manager requirement for the Alcohol Beverage Control Commission. The bill also removes the residency requirement for granting permits under the Medical Cannabis Act. The WV Lottery is also to remove residency and United States citizenship requirements from its statutes.

SB 649 permits the director of a county or municipality emergency phone system to create contracts for emergency mobile phones if landlines are unavailable.

SB 660 regulates electronic bicycles by providing for their exclusion from registration, title, insurance and driver’s license requirements. The bill prohibits the influence of alcohol and drugs on these bicycles and requires the wearing of a helmet.

SB 692 clarifies that persons indicted or charged jointly for a felony is entitled to a separate trial to address the guilt or innocence of the offense or offenses.

SB 702 allows a school district to develop programs including but not limited to an optional physical fitness program to teach nutrition and physical fitness. The bill also creates a fund from which money can be awarded on a competitive basis to qualifying school districts.

SB 725 is a supplemental appropriation bill amends and increases items of appropriations to the Department of Education for the 2020 fiscal year.

SB 746 provides contracted managed care companies with the uniform maternal screening tool for their own covered lives. The data collected by the tool will remain confidential with these contracted managed care companies.

SB 747 requires the Bureau of Public Health to develop a Diabetes Action Plan. This plan would include convening a task force, conducting data, drafting a plan for prevention, disease management and treatment and tracking relevant statistics regarding diabetes.

SB 778 creates a supplemental appropriation of expired funds from the State Excess Lottery Revenue Fund to various accounts in the Department of Health and Human Resources.

SB 779 transfers funds from the State Excess Lottery Revenue Fund to the Department of Veterans Assistance.

Completed Legislation Feb. 15 -21

SB 310 updates the terminology of certain terms used in the WV Personal Income Tax Act.

SB 544 allows pharmacists and pharmacy interns to distribute immunizations. The Senate concurred with the House’s amendments, completing legislation for this bill.

SB 560 allows certain medical professionals to administer medication in nursing homes under the supervision of a registered nurse. The House proposed a technical amendment, which was amended and passed by the Senate.

SB 620 authorizes the Commissioner of the Division of corrections and Rehabilitation to approve home plans for inmates and to establish requirements for the program.

HB 2497 clarifies the protections given to an individual under the Whistle-Blower Law. The bill provides that an employer cannot retaliate or discriminate against an employee who reports illegal activity or corruption within the workplace.

HB 4007 requires a physician to perform life-saving measures on a child born alive during an abortion.

HB 4166 prohibits sex offenders convicted of sexually violent offenses from having a supervisory position over children. This also applies to a person required to be on supervised release between the sentencing term of 10 years to life.

HB 4179 enacts the Recognition of Emergency Services Personnel Licensure Compact.

HB 4353 creates a rational nexus requirement between previous criminal conduct and decision making for initial licensure. The bill’s purpose is to remove obstacles for employment for persons with criminal records seeking licenses and certifications for certain careers governed by state laws.

HB 4381 extends the time for adopted children to get a lifetime hunting, fishing and trapping license.

HB 4470 clarifies that adults who commit a criminal offense while in juvenile custody ca not be held within the sight or sound of other inmates.

HB 4476 provides that the efficient collection, submission, testing and disposition of evidence in sexual assault cases be done in a timely manner. The bill requires sexual assault forensic examination kits to be directly submitted to the State Police Forensic Laboratory.

HB 4515 deals with wildlife resources and eligibility for license or permit application, requiring an eligibility statement for permit applications. The bill also clarifies false statements on permit applications as unlawful.

HB 4601 allows members of a police or fire municipal pension plans participating in a DROP to be considered active members in order to determine the distribution of premium tax proceeds.