The House of Delegates met this morning for Day 15 of the 87th Legislative Session.

No bills were up for passage today.

Three bills were on second reading today. Two bills advanced; House Bill 2354 had action postponed again.

House Bill 2123 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 2047 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.

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

The House is adjourned until 11 a.m. tomorrow, February 27, 2025.

Committee Meetings, Today February 25

• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Appropriations Subcommittee will meet at 1 p.m. in Room 460 for a budget hearing.
• The Subcommittee on Educational Choice 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 Health Care Regulation will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 460.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.
• The Subcommittee on Economic Development will meet at 6 p.m. in Room 432M.

Committee Meetings, tomorrow February 26

• The Finance Committee will meet at 9 a.m. in Room 460, and a budget hearing will follow the meeting.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 10 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 10:15 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10:30 a.m. in Room 410.
• 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 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.

The Senate Judiciary Committee advanced a bill on Tuesday evening that would allow for the collection and storage, in a national database, of DNA from anyone arrested on a felony charge.

Senate Bill 31 would permit the collection and storage of DNA samples for individuals charged with any felony offense and those charged with certain misdemeanors, such involuntary manslaughter, domestic violence and sexual offenses.

Under the bill, the DNA would only be collected from alleged offenders over the age of 18, and only after the person is indicted by a grand jury.

Current law in West Virginia dictates that DNA samples are collected and stored from any person convicted of specified felonies or certain misdemeanors, such as crimes against individuals and property, felony drug offenses, sexual offenses, burglary, arson, the use of destructive devices and counterfeiting.

Current law does not allow for DNA collections prior to conviction.

Proponents of the bill argued in committee that the legislation is important to help solve cold cases and other unsolved crimes, as well as to aid in exonerating potentially innocent people.

Opponents of the bill argued that it goes too far, violating the person’s right to privacy at a stage in the criminal process where they are afforded the presumption of innocence.

The legislation sets up a process to allow the individual to request their DNA be taken out of the database and disposed of in the event they are found not guilty or the charges are dropped.

The bill now heads to the Senate Finance Committee for further consideration.

The Subcommittee on Human Services met this afternoon. Two bills were heard in committee.

House Bill 2027 changes how a child may be removed from a foster home. It reduces the period when a foster care arrangement can be terminated from 18 consecutive months to six months unless it is in the best interest of the child. The bill removes termination due to the child being united or reunited with a sibling(s).

House Bill 2542 mandates Child Protective Services to audio record interactions during visits and investigations.

Both moved to the markup stage.

The House convened for the session this morning. Three bills were up for up for passage. Action on House Bill 2354 was postponed one day, leaving it on second reading.

House Bill 2354 bans certain food dyes from food sold in West Virginia.

House Bill 2363 clarifies the provisions of the code related to child pornography do not apply to law enforcement, attorneys, judges, jurors, and support personnel while performing their official duties.

House Bill 2066 creates a felony offense for damaging, destroying, or stealing equipment used by first responders in their duties.

House Bill 2042 allows for guardian ad litem to request a court-appointed special advocate for children in abuse and neglect cases.

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

The House is adjourned until 11 a.m. tomorrow, February 26, 2025.

Committee Meetings, Today February 25

• 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 Government Administration 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 Energy and Public Works will meet at 3 p.m. in Room 460.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 6 p.m. in Room 432M.

Committee Meetings, tomorrow February 26

• The Appropriations Subcommittee and the Banking & Insurance Subcommittee will meet at 9 a.m. in Room 460 for a 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 10 a.m. in Room 410.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Appropriations Subcommittee will meet at 1 p.m. in Room 460 for a budget hearing.
• The Subcommittee on Educational Choice 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 Health Care Regulation will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 460.
• The Subcommittee on Economic Development will meet at 6 p.m. in Room 432M.

The House Education Committee met this afternoon. Three bills were on the markup and passage stage.

House Bill 2479 reduces the number of members on a county board from twelve members to seven members.

House Bill 2164 allows public and private schools to hire school safety officers. An amendment was offered to require specific training for the safety officers, but it was rejected. The bill advances to the Committee on the Judiciary.

Committee Substitute House Bill 2515 updates definitions to address elementary behavior concerns. The bill set requirements to determine if a child’s behavior is violent, threatening, or intimidating towards staff and other students or creates an unsafe learning environment. The bill gives teachers flexibility in handling cases involving behavior. The bill allows teachers to remove a student from the classroom and prevent them from re-entering until a meeting with parents takes place.  The Committee Substitute does not allow the expulsion to be for both semesters. The bill advances to the House floor.

The Senate passed a bill on Tuesday that increases the sentencing ranges and parole eligibility requirements for the crime of homicide.

Senate bill 136 puts West Virginia in line with its border states in terms of sentencing guidelines and parole eligibility for the crime of homicide.

The legislation amends criminal code sections, increasing penalties for second degree murder and voluntary manslaughter, and raising the parole eligibility requirements for both.

The bill increases the sentencing range for second degree murder from 10-40 years to 15-60 years and adjusts the parole eligibility minimum from 10 to 15 years served.

The legislation increases the sentencing range for voluntary manslaughter from 3-15 years to 5-25 years and adjusts parole eligibility minimum from 3 to 5 years served.

For life sentences, the bill would require individuals to serve 20 years before being eligible for parole, up from 10 years.

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

Senate Bills 589-598 were introduced on Tuesday.

The Senate is adjourned until tomorrow, Feb. 26, at 11 a.m.

Afternoon Meetings:

Economic Development at 1 p.m. in 208W

Health at 1 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for Feb. 26:

Natural Resources at 9:30 a.m. in 208W

House Judiciary met this morning to consider the following.

Markup & Passage

House Bill 2006 clarifies definitions of sex, male, and female throughout state law. The bill also defines single-sex spaces. There is no enforcement mechanism or criminal penalties in the bill. The bill advances.

House Bill 2129 was laid over.

Committee Hearing

House Bill 2117 requires mail-in ballots to arrive by 7 p.m. on Election Day. Currently, votes are accepted until canvas, if postmarked by election day. Clerks are concerned about this bill because the US Postal Service isn’t reliable.

A motion was made to postpone the bill indefinitely; it was rejected.

The bill was advanced to markup.

House Bill 2217 defines the penalties for conspiracy to murder in the first degree, conspiracy to murder in the second degree, and conspiracy to commit voluntary manslaughter. The committee substitute addresses crimes of violence and crimes with a minor victim.

The bill advances to markup.

House Bill 2362 recognizes the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation.

The bill advances to markup.

The Committee on Health and Human Resources met this afternoon.

 Markup & Passage

House Bill 2007 eliminates the Healthcare Authority and repeals the certificate of need (CON) progress in West Virginia. The repeal of the CON program would be effective January 1, 2026. The bill continues the moratorium on certain services, such as nursing homes, intermediate care facilities, methadone beds, substance abuse treatment beds, and hospice.

A motion was made to table the bill; it was rejected.

A motion was made to advance to the floor; 12 voted in favor and 13 voted in opposition. The motion was rejected.

For the committee hearing discussion, please see this blog.

A motion was made to reconsider action on House Bill 2007. A motion was made to table the reconsider motion. It was rejected. A motion to adjourn was offered and failed. Then, the motion to reconsider the action was rejected.

 Committee Hearing

Senate Bill 460 creates exemptions to mandatory vaccination requirements based on religion and moral reasonings. The bill revises the existing medical exemption process and eliminates the position of the State Immunization Officer. The bill allows for civil action for violations of the section. The bill relates to the mandated vaccines, not COVID-19 or flu vaccination.

 Opponents of Vaccine Exemptions

A former State Health Officer presented at the bill hearing. He stated that about 75 percent of medical exemptions are approved. A child must have 22 vaccines before pre-K. By high school, the child has an additional 8. This is a total of 30 vaccines before adulthood. An unknown number of unvaccinated children live in the state because if a child does not go to public school, they do not need an exemption.

A pediatric doctor from South Charleston spoke to the bill. She spoke of death certificates before 1955 that she found while doing research, which listed measles, polio, diphtheria, and other disease as causes of death. These diseases were thought to be eradicated. Now, there are outbreaks of measles in Texas. A few years ago, there was a case of polio in New York. Last year, there was a case of measles in West Virginia. She stated that a lax vaccine policy will allow severe diseases to return. Schools are high-risk settings, which is why vaccines are mandated for school-age students.

A pediatric immunization specialist from Huntington spoke to the bill., stating decades of research shows immunizations help save lives. He said immunizations help reduce the overburdening an already stretched healthcare system. He noted four resources for monitoring adverse reactions. He stated vaccines give people freedom. Keeping the public safe protects our own families.

A Lincoln County school nurse spoke about how this bill will affect children and how school nurses operate. When kids enter pre-k, nurses let parents know they need to take their child to see a doctor before entering school. During these visits, students are usually vaccinated. Many of these students may not have seen a doctor for years. She stated the time wasn’t taken to make appointments. She worries that if the option is provided, then some parents may take the route that requires the least amount of time, which would be saying they do not want to vaccinate. She is also concerned about her autoimmune compromised students. School immunizations can protect students who cannot take them. She spoke about school attendance. Exemptions to vaccines could lead to higher absences because of illness, exposure, and immunocompromised students and faculty.

A registered nurse presented against the bill. She said the impact of a preventable disease would be devastating. The Supreme Court has upheld strong vaccine policies, and that religious freedom does not give anyone the right to put others at risk.

Another doctor presented against the bill. He stated that New York and California had relaxed their mandated vaccines and had outbreaks. Then, the states reversed their decisions. The doctor noted that West Virginia has great vaccine rates; with most children receiving most vaccines by 2 years old. He was asked about the use of aborted tissue being used in vaccines and stated most vaccines do not use that. The only vaccines in use today that were originally developed using tissues are chickenpox, rubella, and hepatitis A. He also stated that acetaminophen was developed similarly.

 Proponents of Vaccine Exemptions

A physician spoke about informed consent and how choice is a principle of informed consent. He said the bill is about respecting patients’ right to choose the healthcare they want. He mentioned some decide not to vaccinate for personal reasons, including vaccine injury.

A pharmacist spoke about her experience of vaccine injury after a HEP B vaccine. She also stated there is distrust with regulatory agencies. She said West Virginia does not monitor Vaccine Adverse Reaction Experiences.

A Registered nurse and mom whose child had an adverse reaction spoke in favor of removing the mandate on vaccines. She expressed concerns about the ingredients in vaccines. She noted that adults have religious freedom to choose vaccines, such as COVID.

Another speaker presented on vaccines being a business. She spoke of the early years of vaccines and errors made, which led to contracting the virus it was trying to prevent. She read the ingredients and warnings on the vaccine inserts. Since 2000, there have been 4,499 cases of measles with zero deaths. She spoke about the outbreak in Texas with 90 cases and no deaths. She said fear sells products and vaccines are a business.

An education consultant and homeschooling mom presented about securing freedoms for West Virginians. She spoke of attempting to obtain a medical exemption for her autoimmune-compromised children. She vaccinated her children, even though she was planning on homeschooling. Her daughter experienced an adverse response to the vaccine. She continued to vaccine. Her son experienced a severe adverse reaction to the MMR vaccine. After this, she got a medical exemption. Then, her children wanted to participate in sports and an issue arose that she wasn’t vaccinated. She attempted to provide her exemption, but it wasn’t from the State, so they had to start another process. The State Immunization Officer denied the medical exemption, with very little explanation. In her research, she noted that exemptions are not clarified as permanent or temporary.

A mom presented about her son’s adverse vaccine reaction. After a vaccine, he had eczema and a severe rash. He was diagnosed with PANS (Pediatric Acute-Onset Neuropsychiatric Syndrome); the causation of PANS is unknown. She received a federal exemption but still had to get a state exemption. She spoke about being ostracized by other families and school personnel because she did not want to further vaccinations.

Another mother with a child who had an adverse reaction spoke about her baby screaming all night after MMR. Her daughter is being treated for an autoimmune disorder. She said that the vials were contaminated, which led to the disorder. She does not believe health agencies are being honest with the public.

The bill has been moved to the markup and passage phase.

House Education met this afternoon for a committee hearing on three bills.

House Bill 2479 reduces the number of required members on a county economic development authority from 12 to seven. The bill was accidentally sent to Education but will be committed to the Economic Development Subcommittee.

House Bill 2164 allows schools to hire school security/safety officers. The bill defines the duties of the officers.

House Bill 2515 addresses violating and disrupting behaviors in classrooms. The purpose is to enhance elementary behavior intervention. The bill allows teachers to remove students from the classroom. It allows teachers to retain control over the classroom. The bill allows the board of education to provide alternative education options. The State Board of Education shall adopt a statewide disciplinary policy, which will be approved by the Legislature.

The Senate passed SB8 on Monday, a bill that would expand safe surrender sites for newborns in West Virginia.

Under current law passed in 2023, fire departments are designated as safe-surrender sites that can accept physical custody of a child who is 30 days old or younger from a parent or individual who has lawful custody of the child. That law dictates that officials at the fire department currently call Child Protective Services to take over from there.

This law applies only to fire departments that are open 24 hours a day, 365 days a year.

Today’s bill expands the allowable sites to include EMS facilities, police departments, or sheriff’s detachments that have been designated as safe surrender sites.

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

The body introduced bills 571-588 today.

The Senate is adjourned until tomorrow, Feb. 25, at 11 a.m.

Afternoon Meetings:

Workforce at 1 p.m. in 208W

Transportation at 1 p.m. in 451M

Energy at 2 p.m. in 208W

Pensions at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for Feb. 25:

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

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