The Senate passed House Bill 2354 on Wednesday, legislation to ban certain preservatives and synthetic dyes from food. The body adopted an amendment that moves the effective date back a year from what was passed by the House of Delegates.

The legislation bans red dye 3, red 40, yellow 5, yellow 6, blue 1, blue 2 and green 3 from foods and drinks. The dyes have been linked to neurological and neurobehavioral issues in children.

The bill also bans butylated hydroxyanisole (BHA) and propylparaben, synthetic food preservatives.

The legislation also includes a ban on the listed dyes in school nutrition programs effective Aug. 1 this year. There’s an exception to the ban for school fundraisers.

The Senate amended the bill to make the bans effective statewide on Jan. 1, 2028, to allow grocers and manufacturers time to adjust, and to coordinate with federal mandates. That date is a year later than the effective date the House passed.

The legislation now heads back to the House for final approval.

The Senate is adjourned until tomorrow, March 6, at 11 a.m.

Afternoon Meetings:

Substance Use Disorder at 1 p.m. in 451M

Banking and Insurance at 2 p.m. in 451M

Agriculture at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for March 6:

Gov. Org at 9:30 a.m. in 208W

Education at 9:30 a.m. 451M

The House convened today for Day 22 of the Legislative Session.

The Rules Committee met before the floor session and moved House Bill 2683 to the inactive House Calendar.

During Senate Messages, the House received and read for the first time Senate Bill 490. Five bills passed today.

House Bill 2158 removes the sunset clause for the West Virginia spay and neuter program registration fee.

House Bill 2360 clarifies that crimes against law enforcement officers included pre-certified officers, those still in training, and chief executives such as sheriffs.

House Bill 2434, the Stop Squatters Act, provides for law enforcement remedy to remove unauthorized persons from residential and commercial real estate, The bill establishes a misdemeanor and felony offenses for unlawfully occupying and intentionally damaging a residential or commercial property. The bill also establishes a misdemeanor offense for knowingly presenting a false document stating property ownership.

House Bill 2437 removes “knowingly” offenses involving fentanyl. The bill states that someone in possession with intent to distribute a controlled substance could face enhanced penalties, if fentanyl is in the substance.

House Bill 2511 allows for bingo and alcohol sales and consumption to take place at the same time for events held by Veteran Service Organizations, fraternities, and volunteer fire departments.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 6, 2025.

Committee Meetings, Today March 5

• The Subcommittee on Homeland Security will meet immediately after the floor session in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Revenue will meet at 1 p.m. in Room 460.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Economic Development will meet at 3 p.m. in Room 410.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.

Committee Meetings, Tomorrow March 6

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10 a.m. in Room 410.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet immediately after EPW in Room 410.

The House convened for a floor session this morning. Two bills had been removed from the calendar by the Rules Committee before the meeting. House Bill 2008 and House Bill 2009 are on the inactive House Calendar.

Two bills passed the House today.

House Bill 2217 increases the penalties for conspiracy to commit certain crimes. Any person who conspires to commit a felony crime against a person or a felony where the victim is a child faces imprisonment in a corrections facility for three to 15 years. The bill clarifies felony crimes of kidnapping, arson, and sexual assault.

House Bill 2362 recognizes correctional officers as law enforcement officers.

Several bills were on second reading today and two were amended.

House Bill 2434, the Stop Squatters Act, provides a remedy for removing unauthorized persons from residential and commercial real estate. The bill establishes offenses and penalties for intentional property damage by a person in unlawful possession or for providing false documents to convey real property or attempting to sell or rent without title. The amendment was for clean-up purposes.  

House Bill 2511 allows for charitable bingo and alcohol sales and consumption to take place at the same time for Veterans Service Organizations. The bill was amended to include fraternity societies and volunteer fire departments.

Bills introduced today can be found here.
Resolutions introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 5, 2025.

Committee Meetings, Today March 4

• The Subcommittee on Local Governments will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Banking and Insurance will meet at 1 p.m. in Room 460.
• The Bridge and Road Naming Subcommittee will meet at 1 p.m. in the McManus Room.
• The Subcommittee on Public Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.
• The Subcommittee on Public Health will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Manufacturing will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 4 p.m. in Room 410.

Committee Meetings, Tomorrow March 5

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 10 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10:15 a.m. in Room 410.
• The Rules Committee will meet at 10:45 a.m. in the Speaker’s Conference Room.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Revenue will meet at 1 p.m. in Room 460.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Economic Development will meet at 3 p.m. in Room 432M.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.

The House Judiciary Committee met this morning.

Markup & Passage

House Bill 2710, the Truth in Giving Act, provides donors or buyers at thrift operations with information on whether the operations were a non-profit organization or a for-profit business. Non-profits would provide charity benefiting from purchases. For-profits would provide business information and must have a sign stating the donations are sold for a for-profit entity. The bill advances to the House floor.

House Bill 2871 amends negligence vehicular homicide and creates a crime aggravated vehicle homicide, which is deliberate disregard of injury or safety of others. The bill adds crimes for the acts in a school or construction zone. Embryos are added as a protected person within this code. The bill also makes changes to watercraft operations causing homicide. The Committee Substitute for the Committee Substitute advances to the House floor.

Senate Bill 138 enhances penalties for fleeing an officer for a second, third, or subsequent time. The bill also adds a fifteen look back. Due to amendments needing to be worked out, the bill has been laid over.

Senate Bill 240 creates the crime of sexual extortion and sets felony penalties for committing a crime. Minors do have more lenient penalties for offenses. If the offense results in death or severe injury of the person, then the charge raises to aggravated sexual extortion. The bill advances to the House floor.

Committee Hearing

House Bill 2634 doubles the penalty for all sexual offenses involving a minor. If a parent, guardian, or person in trust knows and doesn’t report it, they can face the same penalties.

House Bill 2382 prohibits camping or storage of personal property of governmental or public property. The bill provides definitions and penalties.

House Bill 2870 adds fleeing SUI as a DUI offense and allows for the DMV to create rules relating to the provisions.

The Subcommittee on Courts met following the Judiciary.

Markup & Passage

House Bill 2711 repeals the common law rule against perpetuities by prospectively extending its application to all trusts to 1,000 years and modernizing West Virginia trust law.

House Bill 2761 increases the jurisdiction limits of magistrate courts for claims less than or equal to $20,000.

House Bill 2774 increases the criminal and administrative penalties for assault or battery on athletic officials.

Committee Hearing

House Bill 2369 limits the number of improvement periods a parent may have per child or actions in abuse and neglect proceedings to three.

House Bill 2351 increases compensation for panel attorneys of the Public Defender Services. The bill also requires Public Defender Services to annually provide a report to certain state agencies summarizing legal services that are being provided by the submission of a voucher by panel attorneys serving as guardians ad litem in state courts.

The Subcommittee on Legal Services met this morning and afternoon.

Markup & Passage

House Bill 2707 creates the Mountain Bike Responsibility Act. In WV, there are several tourist responsibility acts. The bill sets definitions, duties of trail system operators regarding the trail system, duties passengers, duties of mountain bicyclists, and liability of trail system operators, passengers, and mountain bicyclists.

House Bill 2719 allows for membership organizations and domestic corporations to make political contributions and expenditures in certain circumstances. The bill establishes disclosure requirements and limitations on any such political contributions to a candidate, candidate’s committee, or political action committee.

House Bill 2867 precludes an estate with real property from being processed as a small estate.

Committee Hearing

House Bill 3016 would require all driver’s licenses, permits, and ID cards issued to lawful noncitizen residents to be noted as “non-resident.” The bill allows for voter registration to have photos on them. The bill advances to the markup stage.

The Subcommittee on Homeland Security met this afternoon.

Markup & Passage

House Bill 2781 requires that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release.

The Senate passed three bills related to voting, including one that would ban ranked choice voting in West Virginia, during Tuesday’s floor session.

The ranked choice voting method, which currently is not in use in the state, is a system where voters rank their preferred candidates. If a candidate earns more than half of the initial votes, they are declared the winner.

However, if no one wins an initial majority, an instant runoff would occur. The candidate with the least votes is eliminated, and voters who picked that candidate as their top choice would have their votes bumped to their next preference. That repeats until one candidate achieves a majority.

Senate Bill 490 would ban this method of voting from future consideration in West Virginia.

Also passed on Tuesday, Senate Bill 486 would clarify the qualifications required for citizens to vote in West Virginia elections, specifically relating to residency, age, mental competency and felony convictions. The main focus of the bill is to assure a voter is a U.S. and state citizen.

Senate Bill 488 would clarify the definition of electioneering as the visible display or audible dissemination of information that advocates for or against any candidate or question on the ballot.

The legislation further clarifies the definition to include campaign paraphernalia and explicit endorsements of ballot measures. The bill allows exceptions, such as allowing educational materials that don’t directly advocate for or against a ballot question.

These three measures now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 5, at 11 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Economic Development at 1 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The Committee of Education met this afternoon.

Committee Hearing

House Bill 2166 creates the Behavioral Health Workforce Initiative within the Higher Education Policy Commission.

House Bill 2187 permits administrators, teachers, and support personnel in K-12 to conceal carry firearms and be designated as a school protection officer (SPO). An SPO must have a valid concealed carry permit and a certificate of SPO training. The training will include mitigation techniques, communications capabilities, neutralization of potential threats and active shooters, accountability, reunification, psychology of critical incidents, de-escalation techniques, crisis intervention, trauma and first aid care, history and pattern of school shootings, tactics of responding to critical incident in schools, live firearms training, realistic training, and a behavioral health assessment. The Legislature would appropriate funding per county school district opting into the SPO program to be used for training.

Liability is a concern. The cost of BRIM coverage could increase. The bill doesn’t define how many guns an SPO can carry or unintentional disclosure. The uncertainty of several questions was a concern of a couple of presenters.

House Bill 2190 permanently adds Potomac State College of West Virginia University as an eligible institution for participation in the “Learn and Earn Program”

House Bill 2411 requires WV high school students to pass at least one credit of computer science to graduate. The bill establishes requirements for the classes and creates teaching positions.

House Bill 2614 provides an optional lump sum payment of accrued personal leave to full-time employees of a county school board upon the end of full-time employment due to death.

The Senate passed a bill that would define “man” and “woman” during Monday’s floor session.

The legislation, Senate Bill 456, would define “sex,” “male,” and “female” in West Virginia state law based on biological characteristics observed at birth. The bill also aims to limit certain spaces to biological males and females, prohibiting transgender individuals from using facilities based on the gender they identify as.

Those single-sex spaces preserved in the bill include restrooms, changing rooms, and sleeping quarters for overnight trips – within domestic violence shelters, public schools, and state higher education institutions and correctional facilities.

The legislation passed on a 32-1 vote with one member absent.

The lone no vote, Joey Garcia (D-Marion) argued that the proposed legislation would hurt some of his most vulnerable neighbors. In his view, the bill is not needed and he fears it will be unnecessarily burdensome not only to transgender people but also to the impacted institutions that will have to comply.

Mike Stuart (R-Kanawha), argued for the majority, stating his opinion, that the bill is compassionate in that it protects the state’s girls from potential harm.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 4, at 11 a.m.

Afternoon Meetings:

Transportation at 1:30 p.m. in 451M

Workforce at 1:30 p.m. in 208W

Energy at 2 p.m. in 208W

Pensions at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for March 4:

Education at 9:30 a.m. in 451M

Gov. Org. at 9:30 a.m. in 208W

Today is Day 20 of the 87th Legislative Session, one-third of the way complete. It is the deadline for Legislative Rule-Making Bill submissions. The House passed three bills today.

House Bill 2222 is a “Rules Bundle.” It authorizes the Department of Administration to create 10 rules relating to the Department as a whole or the following divisions: the Information Services & Communications Division, the Finance Division, the Office of Technology, and Public Defender Services.

House Bill 2331 is a “Rules Bundle.” It authorizes the Office of Miners’ Health, Safety, and Training to create legislative rules for training EMT-Miners and certifying EMT-M instructors. The bill also extends various sunset dates for the Division of Natural Resources.

House Bill 2515 specifies requirements applicable when a K-6 teacher determines the behavior of a student is violent, threatening, or intimidating toward staff or peers or a student creating an unsafe learning environment or impeding other students’ ability to learn in a safe environment. The committee substitute defines violent, threatening, or intimidating behavior. The committee substitute also clarifies when a child is picked up by a parent, it is a suspension, complying with federal guidelines. The committee substitute notes that if a parent does not pick the child up, they may ride the bus home with the supervision of the principal. The bill allows classroom aides to provide behavioral support.

The bill makes an evaluation under Child Find optional; however, a Functional Behavior Analysis is mandatory. The student should be referred to the student assistance team, the 504 team, or the IEP team at the school for immediate intervention. If the child’s behavior continues, expulsion is permitted, but only through the current school semester.

Bills to be introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 4, 2025.

Committee Meetings, Today March 3

• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Health Care Regulation will meet at 3:30 p.m. in Room 215E.

Committee Meetings, Tomorrow March 4

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 10 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10:15 a.m. in Room 410.
• The Rules Committee will meet at 10:45 a.m. in the Speaker’s Conference Room.
• The Subcommittee on Local Governments will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Banking and Insurance will meet at 1 p.m. in Room 460.
• The Bridge and Road Naming Subcommittee will meet at 1 p.m. in the McManus Room.
• The Subcommittee on Public Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.
• The Subcommittee on Public Health will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Manufacturing will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 4 p.m. in Room 410.

The House met this morning for Day 17 of the Legislative Session.

Before the floor session, the Rules Committee met and moved House Bill 2006 and House Bill 2400 to the inactive House Calendar on second reading.

Five bills passed today, with one of them being amended.

House Bill 2354 was advanced to third yesterday with the right to be amended. The bill bans the following additives and dyes from food sold in West Virginia: butylated hydroxyanisole, propylparaben, Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6. The amendment requires schools to stop providing lunches with these additives beginning in August of 2025. Schools may sell products with these additives only if the event is not on school property and at least 30 minutes after dismissal.

House Bill 2344 includes maintenance vehicles in the “slow down and move over” rule. When a maintenance or stationary vehicle is on the shoulder of the road, drivers should slow down and move to the left on multilane roads.

House Bill 2170 allows volunteer fire departments to use funds for computers, software, programming, and a CPA to transition to the WV Checkbook fiscal reporting system.

House Bill 2157 provides one-trip temporary vehicle permits to be purchased and printed online.

House Bill 2065 allows Gold Star parents to receive one free Gold Star vehicle registration for personal use.

Bill introduced today can be found here.
Resolutions introduced today can be found here.

The House is adjourned until 11 a.m. Monday, March 3, 2025.

Committee Meetings, Today, February 28

• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Public Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.

Committee Meetings, Monday, March 3

• The Revenue and Investments Subcommittees will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10 a.m. in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Health Care Regulation will meet at 3:30 p.m. in Room 215E.

The Senate passed a bill on Friday that could allow teenagers in West Virginia to be employed without a work permit.

Senate Bill 427 would remove the current requirement in state law that requires 14- and 15-year-olds to obtain a work permit from the superintendent of schools as a condition of employment.

Under the proposed law, prospective employers seeking to hire 14- and 15-year-olds would still need to obtain written consent from the child’s parent or guardian. The employer would also be required to obtain an age certificate from the state Commissioner of Labor. The commissioner would review the child’s birth certificate prior to issuing the age certificate.

Employers would also need to spell out the hours that the 14-and 15 year olds would be working if this bill passes.

Current law dictates that minors younger than 16 must obtain a work permit through their school. The certificate, signed by the school principal, confirms that the student is attending school.

The bill now heads to the House of Delegates for consideration.

The body also introduced bills 627-638 on Friday.

The Senate is adjourned until Monday, March 3, at 11 a.m.

Morning Meetings for March 3:

Gov. Org. at 9:30 a.m. in 208W