The Judiciary Committee and its subcommittees met this morning.

Markup & Passage

House Bill 2441 removes eligibility for unemployment when an individual in a safety-sensitive job fails a drug test and is fired.

House Bill 2653 changes membership requirements for the West Virginia Law Institute.

House Bill 2683 prohibits ranked-choice voting in West Virginia. The bill defines rank-choice voting as a method for casting votes in which voters rank candidates for an office in order of preference. Then, a tabulation occurs in rounds, with the candidate with at least support dropping from each round and then reallocating the votes to the second-choice candidate.

Some are concerned with the uncertainty of rank-choice voting because of several variations in definitions. Rank-choice voting was explained as ranking your choices in order from first to last. The issue it works to solve is if no one gets 50% of votes, a winner could be chosen, by the one with the least number of votes dropping off. Rank-choice voting is not taking place in WV.

House Bill 2702 allows the Governor to appoint an interim state official for the 20 days it can take for the nomination process of a new official.

House Bill 2709 permits a voter who has moved within the same county to vote in a new precinct without casting a provisional ballot

Committee Hearing

House Bill 2444 limits the Lottery Commission’s inspection of records to records relating to the permittee’s limited video lottery business.

The Subcommittee on Courts considered the following.

Markup & Passage

House Bill 2871 renames the Negligent homicide to Vehicular homicide in code. The bill creates new crimes and clarifies victims to include an embryo or fetus.

Committee Hearing

House Bill 2067 creates the West Virginia Firearms Liability Clarification Act.

House Bill 2634 increases the penalties for child sexual assault and sexual abuse. The bill also increases the penalties for distributing, possessing, and transporting materials with children depicted in a sexually explicit manner. The bill clarifies if a parent, guardian, or person in a trusted position is aware and does not report the assault or abuse, they are guilty of a felony as well.

The Subcommittee on Legal Services considered the following.

Markup & Passage

House Bill 2710 creates the Truth in Giving Act, requiring information to be provided to those who donate or purchase donated items for resale whether their donations/purchases are benefiting non-profit charitable organization or a for-profit business.

Committee Hearing

House Bill 2719 allows for membership organizations and domestic corporations to make political contributions and expenditures. The bill does require disclosure and define limitations.

House Bill 2382 establishes misdemeanor crimes for camping in or storing personal property, including camp facilities and camp paraphernalia upon governmental or public property.

The Subcommittee on Environment, Infrastructure, and Technology met this evening.

Markup and Passage

House Bill 2156 imposes a time limit of 60 days for the Department of Highways to approve or deny entry permits for work on state highways. If the DOH does not decide within 60 days, the application is considered approved. Changes can be requested once. If the changes are contested, the DOH must respond within 30 days. The strike and insert bill adds if the access is for timbering, the DOH must reply within 15 days, with a 7-day response time for contested changes. The bill advances to the Committee of Energy and Public Works.

House Bill 2502 establishes limits on billing practices of internet and phone providers that fail to provide a subscribed customer service for five or more days to automatically credit the customer’s account for lack of service for those days. The committee amendment adds reporting requirements to the Attorney General. The amended bill was laid over to the next meeting.

Committee Hearing

House Bill 2742 creates a limited waiver from the certificate of public convenience and necessity requirement for certain water or sewer service projects. The bill makes permanent the reviewing process of the Infrastructure and Jobs Development Council. The bill advances to the passage and markup stage.

Following the consideration of bills, the committee heard presentations for the Office of Technology and the Department of Environmental Protection.

The Committee on Energy and Public Works met this afternoon.

House Bill 2942 extends the sunset on the Department of Environmental Protection’s Design-Build Program to December 31, 2027. The program did get a late start due to the rule-making process. The projects are still in the design phase but should be moving on to build soon. Without the extension, the project would finish per contract, but it would not allow for other projects.

House Bill 2943 extends the sunset for the Hazardous Waste Management Act to June 30, 2030, to allow the agency to generate the required revenue to cover state match for federal grants.

The House convened this morning for Day 16 of the Session.

Two bills passed the House and advanced to the Senate.

House Bill 2047 increases the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in child abuse resulting in injury and child abuse or neglect creating a risk of injury.

• Abuse causing bodily harm imprisonment increased from 1-5 years to 2-10 years
• Abuse causing serious bodily harm imprisonment increased from 2-10 years to 5-15 years
• Abuse creating a substantial risk of death or serious bodily injury imprisonment increased from 1-5 years to 2-10 years
• Second offense imprisonment increased from 1-3 years to 1-5 years
• Neglect creating a substantial risk of death or serious bodily injury imprisonment increased from 1-5 years to 1-10 years
• Subsequent felony offenses can result in twice the imprisonment and fine amount

House Bill 2123 prohibits cameras in the bedrooms or bathrooms of foster homes. The bill allows for a few exceptions. Baby monitors are allowed when age-appropriate or the child has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Medical equipment with or without cameras is allowed for a child who has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Any exempted equipment must be in clear view and not in a hidden location.

House Bill 2354 was advanced to third reading with the right to amend. The bill bans food dyes from food sold in West Virginia.

House Bill 2400 was postponed one day. The bill prohibits the delivery of unsolicited absent ballot applications.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, February 28, 2025.

Committee Meetings, Today February 27

• The Subcommittee on Banking and Insurance will meet at 1 p.m. in Room 460.
• The Committee on Government Organization 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 Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Higher Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Revenue will meet at 3 p.m. in Room 460.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 5 p.m. in Room 432M.

Committee Meetings, tomorrow February 28

• The Finance Committee will meet at 9 a.m. in Room 460 for a continued budget hearing.
• 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 Rules Committee will meet at 10:45 a.m.
• 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.

The Senate passed a bill on Thursday that would exempt certain sensitive documents from public release.

Senate Bill 103 exempts certain military and National Guard documents from public release. Any classified information would be exempt to protect state and national security. Specific intelligence information, and deployment plans to respond to certain threats would also be exempt under the bill.

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

Also on Thursday, Ralph Coleman was elected as Senate Doorkeeper, replacing Jeff Branham, who resigned the position earlier in the session.

Senate Bills 614-626 were introduced during the floor session.

The Senate is adjourned until tomorrow, Feb. 28, at 10 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The Judiciary Committee met this morning.

Markup & Passage

House Bill 2360 clarifies crimes against law-enforcement officers to include chief executives and pre-certified law-enforcement officers.

House Bill 2434, the Stop Squatters Act, provides a limited alternative remedy to remove unauthorized persons from residential and commercial real properties. The bill allows for the removal by law enforcement and establishes a criminal offense and penalties.

House Bill 2437 removes knowingly distributing fentanyl. The bill provides an enhanced penalty for fentanyl distribution regardless of an individual’s knowledge of whether it is fentanyl or not.

House Bill 2511 allows for alcoholic beverages to be dispensed in areas where bingo is being conducted on the premises of Veteran Service Organizations.  

Committee Hearing

House Bill 2441 removes eligibility for unemployment when an individual in a safety-sensitive job fails a drug test and is fired.

House Bill 2653 changes membership requirements for the West Virginia Law Institute.

House Bill 2683 prohibits ranked choice voting in West Virginia. The bill defines rank choice voting as a method for casting votes in which voters rank candidates for an office in order of preference. Then a tabulation occurs in rounds, with the candidate with at least support drops from each round and then reallocating the votes to the second-choice candidate.

Rank-choice voting is not taking place in WV. Some are concerned with the uncertainty of rank-choice voting because there are several variations of it.

House Bill 2702 allows the Governor to appoint an interim state official for the 20 days it can take for the nomination process of a new official.

House Bill 2709 permits a voter who has moved within the same county to vote in a new precinct without casting a provisional ballot.

The Economic Development Subcommittee met this evening.

House Bill 2393 requires reporting from the Mountaineer Trail Network Authority to the Joint Committee on Economic Development annually, beginning December 1, 2025.

House Bill 2451 defines home-based businesses. The bill also establishes the permitted use of residential dwellings for a home-based business but allows municipalities to establish reasonable regulations.

Following the hearing on bills, the committee heard presentations from the WV Real Estate Division and the Department of Highways about surplus property.

Two of Health’s subcommittees met this afternoon to consider two bills each.

The Subcommittee on Health Care Regulation met at 3 p.m.

House Bill 2133 deals with Black Lung Disease. The bill removes the time limits for filing a claimant for evaluation from the Occupational Pneumoconiosis Board.

House Bill 2172 adds an athletic trainer to the Physical Therapist Board.

The Subcommittee on Public Health met at 4 p.m.

House Bill 2135 provides an incentive for employers to hire individuals who are attending formal recovery programs. The incentive is a tax credit with limits.

House Bill 2358 requires autopsies requested by a prosecuting attorney or judge to be completed within 72 hours. Within 24 hours of the autopsy completion, a copy of the reports shall be submitted to the Office of the Chief Medical Examiner and the prosecuting attorney.

All bills advanced to markup.

The Subcommittee on Government Administration met this afternoon.

House Bill 2693 provides for the management of personal service appropriations for vacant positions. The bill allows for the transfer of appropriations for vacant positions to a special fund. Funds can be used in a state of emergency. The bill also requires annual reporting.

House Bill 2373 creates the Equipment Right to Repair Act, which requires a manufacturer to provide the information required to repair farm equipment once the warranty is complete.

The Senate passed the Glucagon for Schools Act during floor session on Wednesday.

Senate Bill 92 would create a new section of state code designed to create uniform standards for Glucagon in West Virginia schools.

The bill would allow schools to maintain a supply of undesignated glucagon and for trained school personnel to administer the glucagon if the student’s prescribed glucagon is not available on site or has expired. The legislation would provide for the necessary training for school personnel.

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

The Senate is adjourned until tomorrow, Feb. 27, at 11 a.m.

Afternoon Meetings:

Substance Use Disorder and Mental Health at 1 p.m. in 451M

Agriculture at 2 p.m. in 208W

Judic. Sub B at 2:30 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for Feb. 27:

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

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