During the final floor session of the first regular session of the 86th Legislature, the House reconsidered action on House Bill 3035. The House concurred with additional amendments to House Bill 3035 and House Bill 3135.

House Bill 3035 provides a statewide multi-tiered system of support and intervention of grade-level literacy and numeracy in grades K through 3. The Senate amended House Bill 3035 removes the provision for students to be at grade level in math by third grade. The amendment also removes the flexibility for counties to phase in the placement of assistant classroom teachers where needed. The amendment also removed the option to use paraprofessionals as teacher assistants.

House Bill 3135 modifies the salaries of the Governor and Constitutional Officers beginning January 1, 2025. The House’s version set the salaries for the Governor at $180,000 and Constitutional Officers at $115,000. The Senate amended House Bill 3135 would set the salaries at the amount paid to certain federal employees pursuant to two different federal employee pay schedules beginning in 2025. The Governor would be paid the rate of Grade 15, Step 10 federal employee. The 2023 salary rate is $177,978. The Constitutional Officers would be paid the rate of Grade 15, Step 4 federal employees. The 2023 salary rate is $129,269. Both salaries are set under the Salary Table For Locality Pay Area of the Rest of the US as published by the US Office of Personnel Management. Salaries cannot change during official terms, therefore salaries will be reevaluated every four years.

The House refused to concur with the Senate amendments on House Bill 3354. The bill authorizes municipalities to combine operations with other municipalities and counties to provide governmental services. The Senate’s amendment removed the Judiciary Committee’s amendment to eliminate the municipality’s ability to regulate gunpowder and combustibles, returning the bill to its introduced version.

The House adopted conference reports on the following:

For House Bill 3302, the Senate will recede from its position and both bodies will recede from their positions on the title of the bill. The bill clarifies that an embryo or fetus is a distinct unborn victim of DUI causing death and serious bodily injury.

House Bill 3261 states that provisional social workers who are laid off or ill during the four-year provisional licensure period may request the West Virginia Board of Social Work allow a reasonable interruption in service and allow additional time to complete the licensure requirements. The bill declares a crisis exists in certain parts of the state due to an absence of child protective services, youth services workers, youth caseworkers, and support staff. In these two judicial circuits, a three-year pilot program will be established.

Senate Bill 617 sets guidelines for submitting reports on cases involving instances of substantiated abuse and neglect involving a person with a developmental disability. The bill also establishes a mental health ombudsman. The bill requires a workforce study of the Intellectual and Development Disabilities Waiver Program.

The House is Adjourned Sine Die.

During the evening floor session, the House receded from its position to pass Senate Bill 187 and Senate Bill 625.

Senate Bill 187 makes it a felony offense for a school employee or volunteer to engage in sexual contact with any student enrolled in a public or private elementary or secondary school regardless of age. The House’s version did have an amendment to include college students 18 to 20 years of age, but the Senate did not concur with that amendment, so the House receded. The bill has now completed legislative action.

Senate Bill 625 adds micro-school programs to the list of programs whose transcripts or other credentials must be accepted by a public school as a record of a student’s previous performances. The House had amended the bill to remove a reference to the House Scholarship consistent with the House’s passage of House Bill 3408. Since the Senate has not advanced House Bill 3408, the amendment is no longer needed.

The House refused to concur with Senate Bill 559 and Senate Bill 426.

Senate Bill 559 relates to spousal privilege. The Senate amendment adds another article stating that the testimony of a spouse in criminal cases shall be allowed to testify on each other’s behalf but neither shall be compelled without the consent of the other allowed to be called as a witness against the other except for cases where the offense is committed by one against the other, or against the child, father, mother, brother, or sister of the other or against any minor. The failure of a spouse to testify shall not create a presumption against the accused nor be subject to any comment before the court or jury.

Senate Bill 426 bans the use of certain products and platforms deemed unsafe or high risks on government systems. The Senate amended version removed language that clarifies the Constitutionally required separation of powers.

The House concurred to complete action on Senate Bill 577 and House Bill 3035.

Senate Bill 577 reduces the copay cape for insulin to $35 per month and the cap for devices and other equipment to $100 per month. The Senate’s amendment inserted definitions of the PEIA bill to resolve code conflict.

House Bill 3035 provides a statewide multi-tiered system of support and intervention of grade-level literacy and numeracy in grades K through 3. The Senate amended House Bill 3035 removes the provision for students to be at grade level in math by third grade. The amendment also removes the flexibility for counties to phase in the placement of assistant classroom teachers where needed. The Senate added language from House Bill 3293. The amendment also removed the establishment of a Grow Your Own West Virginia Pathway to Teaching Pilot Program, as it was not included in the budget.

The House is in Recess until 10:30 p.m.

During the evening floor session, the House continued to receive Senate messages.

A committee of conference was appointed for House Bill 3261, House Bill 3302, and Senate Bill 617.

House Bill 3261 allows for an extension for provisional social work licenses to complete requirements to become fully licensed if the individual loses their employment during a force reduction or is unable to work due to medical reasons.

The Senate amended bill adds a new section of code to allow the Bureau of Social Services to employ individuals who are not registered as social workers as CPS workers, youth services workers, case managers, and clerical staff in areas where social work vacancies have reached over 25% of the allocation. The requirements provided are: (1) Must be 18; (2) Must have an associates degree in social work or a related field or be a retired law enforcement officer; (3) have three letters of recommendation; (4) Not be an alcohol or drug abuser; and (5) Satisfy requirements in the WV Clearance for Access Registry and Employment Screening Act.
The Conferees from the House are Delegate Phillips, Delegate McGeehan, and Delegate Young. For the Senate, the conferees are Senator Trump, Senator Takubo, and Senator Plymale.

House Bill 3302 recognizes an embryo or fetus as a distinct unborn victim for the offenses of DUI causing death and DUI causing serious bodily injury.

The Senate amendment removed the recognition of an embryo or fetus as a distinct unborn victim of a crime of DUI causing serious bodily injury. The House Judiciary Committee had amended this into the bill before passage. Members felt strongly about having both causing death and causing serious bodily injury in the bill.
The Conferees from the House are Delegate Kelly, Delegate Garcia, and Delegate Ward. For the Senate, the conferees are Senator Deeds, Senator Hamilton, and Senator Woelfel.

Senate Bill 617 outlines data required for the Intellectual and Development Disabilities Waiver Program workforce study. The bill requires recommendations for hourly pay and an annual review. The Health and Human Resources Committee amendment adds language from a House Bill relating to the regulation of behavioral health centers.
The Conferees from the House are Delegate Summers, Delegate Williams, and Delegate Hardy. For the Senate, the conferees are Senator Maroney, Senator Barrett, and Senator Woelfel.

The House concurred with the Senate Amendments to House Bill 2820, House Bill 2482, and House Bill 3018.

House Bill 2820 adds participants in the Hope Scholarship Program, micro-schools, and learning parts to students eligible to participate in SSAC events or activities. The bill also added that private school students are not eligible to play on a public school team if the sport is offered at the private school. The Senate version of House Bill 2820 removed the requirement that a student be enrolled in one online course to participate. It also added language from Senate Bill 262, which requires the SSAC to allow students in grades 9 through 12 to transfer one time without losing athletic eligibility.

House Bill 3482 creates the Coal Fired Grid Stabilization and Security Act of 2023. The Senate amendment revises the article numbering to ensure it does not conflict with any provisions within recently passed Senate Bill 188.

The House version of House Bill 3018 established the age of consent to marry at 18 and removed the ability for an underage person to obtain consent to marry through parents, legal guardians, or the court. The Senate amended House Bill 3018 sets the minimum age that an individual can marry to 16 with the requirement of consent from a parent or guardian for those 16 or 17 years of age. The bill does state a 16-year-old or 17-year-old must acknowledge his or her consent to be married and state that he or she is not being coerced or under any duress to marry. A 16- or 17-year-old cannot marry anyone more than four years older than them. The bill also grants that annulment can be sought without consent until the age of 18.

The House concurred with additional amendments to House Bill 2008 and House Bill 3332.

House Bill 2008 clarifies federal immigration enforcement in West Virginia. The Senate amended bill removes the requirement of denying state funds for non-compliance and replaces it with a section stating a non-compliant elected official may be removed from office for neglect of duty and malfeasance in office. The bill also removes the civil cause of action for damages caused by a person unlawfully in the US if the non-compliance resulted in harm. The bill also removes the severability clause.

House Bill 3332 allocates circuit judges for the 2024 election. The Senate amended bill combined language relating to magistrates’ allocation in House Bill 2938 and House Bill 3174, language relating to family court allocation in House Bill 3330, language regarding both magistrates and family courts staffing in House Bill 3331, and language relating to circuit court allocations in one bill. The bill changes the allocation of circuit judges and creates a circuit with one judge. The bill provides for run-off elections to be held in the November General election.

The House is in recess until 7:30 p.m.

Today is Day 60 of the First Session of the 86th Legislature.

The House adopted House Concurrent Resolutions 70, 71, 72, 73, 74, 75, 76, 77, 79, 80, 81, and 82, along with Senate Concurrent Resolutions 11 and 14. Senate Concurrent Resolution 24 was postponed until 2 p.m.

The House concurred to complete several pieces of legislation including:

House Bill 2218 establishes the Electronically Distracted Driving Act, which limits the use of mobile electronics aka cell phones while driving. The bill sets fines for the first offense, a fine of $100; for a second offense in 24 months, $200; for a third or subsequent offense in 24 months, $350 plus points on the driver’s license with the possibility of license suspension. The bill also sets penalties for anyone who causes an accident with injury or death while distracted driving.

House Bill 2890 provides that when a teacher determines that the behavior of a 6th through 12th-grade student is disorderly conduct, interfering with an orderly educational process, or disruptive to the classroom, the student must be excluded from the classroom and may not re-enter that teacher’s classroom for the remainder of the instructional day. The amended bill requires the principal to communicate with the teacher about the exclusion within 24 hours of the student being removed from the classroom. The amended bill also does not allow for the principal to immediately remove the student when the behavior is considered a personality clash.

House Bill 3398 establishes the West Virginia Memorial to Fallen Heroes of the Global War on Terrorism to be completed by December 31, 2024.

The House also suspended the rules to take up several House Resolutions to recommend several individuals for the Medal of Valor.

The House recessed until 2 p.m.

The House reconvened shortly after 2 p.m. and took up Senate Concurrent Resolution 24.

Senate Concurrent Resolution 24 renames Mount Olive Corrections Complex as the Mike V. Coleman Mount Olive Maximum Security Complex.

The House concurred with an additional amendment to House Bill 2007 and House Bill 3306.

House Bill 2007 prevents a physician from providing irreversible gender reassignment surgery or gender-altering medications to anyone under the age of 18. The Senate amendment adds an effective date of January 1, 2024. The amended bill allows for an exemption for very limited use of gender-altering medication for adolescence diagnosed with severe gender dysphoria.

House Bill 3306 updates the organizational structure and authority of the Office of Drug Control Policy. The Senate amended bill adds membership to the task force, requires an update to the drug dashboard, and requires the task force to study recovery residences.

The House refused to concur on Senate amendments to House Bill 3313.

House Bill 3313 restrains county commissions from imposing rules and regulations on farmers beyond what is already prescribed through state statute. The Senate amended bill includes an entirely new article of code.

The House is in Recess until 4:30 p.m.

During the afternoon floor session, the House continued to take up bills for passage.

Senate Bill 508 was initially rejected on a vote of 35 in favor and 61 opposed, but a motion to reconsider placed the bill back up for passage. The bill ultimately passed with a vote of 49 in favor and 41 opposed. The bill increases the reporting threshold for grassroots lobbying campaigns from $500 to $5,000 in any three-month period and from $200 to $1,000 in a one-month period.

Senate Bill 516 modifies the disclosure requirements for individual contributions to an independent expenditure from $250 to $1,000.

Senate Bill 534 allows for the sale of frozen beer in a sealed growler or from a frozen beverage machine to fill growlers. The bill allows for wineries, licensed brewers, and resident brewers to sell at private fairs and festivals. The bill also allows for a licensed distillery, mini-distillery, or micro-distillery manufacturing liquor to sell at private fairs and festivals. The bill modifies several definitions and fees.

Senate Bill 546 adds certain opioids and other drugs to Schedule I drugs. The bill also adds delta-8, delta-10, delta 8-O, and Delta 9-O to the list of Scheduled I drugs. The “O” signifies synthetically made cannabinoids. The bill does state that naturally occurring tetrahydrocannabinols with THC levels low enough to qualify under the Hemp Act are not subject to the provisions of the bill.

The House is in recess until 7:15 p.m.

The Rules Committee will meet at 7 p.m. behind the House Chamber.

The House returned and completed the agenda.

The rules were suspended and Senate Bill 552 was amended, read for a third time and put up for passage. The amendment strikes the original Senate Bill and inserts a severability cause into the Unborn Child Protection Act.

The House is adjourned until 10 a.m. tomorrow, March 11.

The Rules Committee will meet at 9:45 a.m.

In the morning floor session, the House concurred to complete legislative action on 12 bills, including House Bill 2024, Budget Bill.

The House and Senate worked to create a compromise within this version of the Budget bill.

The Budget is as follows (Department totals for agencies within):

• General Revenue Fund: $4,874,575,878
  • Legislative: $26,096,694
  • Judicial: $154,434,197
  • Executive-Governor’s Office: $15,587,257
  • Executive-Auditor’s Office: $2,572,504
  • Executive-Treasurer’s Office: $3,576,928
  • Executive-Department of Agriculture: $25,986,360
  • Executive-Attorney General: $5,498,194
  • Executive-Secretary of State: $943,230
  • Executive-State Election Commission: $7,508
  • Department of Administration: $159,876,559
  • Department of Commerce: $71,198,264
  • Department of Tourism: $7,000,000
  • Department of Economic Development: $27,765,437
  • Department of Education: $2,143,786,002
  • Department of Arts, Culture, and History: $10,85,736
  • Department of Environmental Protection: $6,951,337
  • Department of Health and Human Resources: $1,168,998,848
  • Department of Homeland Security: $499,400,063
  • Department of Revenue: $33,600,402
  • Department of Transportation: $6,920,273
  • Department of Veterans’ Assistance: $15,390,044
  • Bureau of Senior Services: $10,839,825
  • West Virginia Council for CTCE: $15,818,561
  • Mountwest: $6,903,571
  • New River: $6,302,132
  • Pierpont: $8,370,981
  • Blue Ridge: $8,416,425
  • WVU-Parkersburg: $11,193,778
  • Southern WV: $8,849,656
  • WV Northern: $7,818,075
  • Eastern WV: $2,349,856
  • BridgeValley: $8,629,476
  • Higher Education Policy Commission: $80,386,809
  • WVU Med School: $21,969,395
  • WVU: $116,472,069
  • Marshall Med School: $9,174,072
  • Marshall University: $54,114,147
  • WV School of Osteopathic Medicine: $6,135,938
  • Bluefield State: $6,855,771
  • Concord University: $11,170,362
  • Fairmont State: $19,961,302
  • Glenville State University: $7,071,784
  • Shepherd University: $13,374,828
  • West Liberty: $9,964,386
  • WV State: $16,850,600 
  • Adjutant General: $18,426,645
• State Road Fund: $1,697,782,874
• Special Revenue: $2,071,416,872
• Lottery (Revenue) Net Profits: $144,077,498
• State Excess Lottery Revenue Fund: $334,670,790
• Federal Funds: $9,443,163,508
• Block Grants: $831,899,732
• General Revenue Surplus: $1,165,478,000

The House rejected Senate Bill 147 today. The bill would have created a pilot program for recovery residences located in Cabell County to study the uniqueness of recovery residences as they relate to landlord-tenant law and determine an equitable resolution when circumstances arise which bring about an unanticipated cessation of an individual’s participation in a recovery residence’s program. The bill failed with 43 in favor and 52 opposed.

The House is in recess until 2:30 p.m.

The Rules Committee will meet at 2:15 p.m. behind the Chamber.