Today, the House of Delegates passed six bills, recommitted two bills to the Judiciary, and postponed action on House Bill 4940 for one day.

House Bill 4376 requires a surgical smoke evacuation system in healthcare facilities. Surgical smoke is the by-product of using heat-generated surgical instruments. It can contain various health-damaging particles which can be inhaled. Any facility without an evacuation system for surgical smoke shall be penalized with a fine between $1,000 to $5,000.

House Bill 4776 provides circumstances a teacher may remove a Pre-K to Fifth-Grade student from the classroom. The bill also requires that within three days the teacher, principal, and child’s parent shall have a conference. The student may not be returned to the class pending the conference.

House Bill 4817 was requested by the Board of Nursing. The bill allows the Board to provide advice and assistance in nursing education. The bill also removes the requirement of completing 45 contact hours of clinical management of drug therapy under a board-approved program.

House Bill 4830 modifies the frequency of training for school personnel. The bill states that personnel shall be trained upon hire and every three years after for suicide prevention awareness, child sexual abuse prevention, the county policy on harassment, bullying, and intimidation, and multicultural education. The bill also requires first aid training to include blood-borne pathogen information. The bill makes changes to the Special Protections for Disabled Children Act of 2022, by clarifying anyone who cares for, educates, or houses disabled children shall be trained on mandatory reporting obligations.  

House Bill 4832 amends reporting requirements of the state superintendent by state reports shall be submitted to the Legislative Oversight Commission on Education Accountability. The bill also states any school district failing to report to the state superintendent can lose state funding.

House Bill 4838 requires that the county boards of education provide long-term substitute teachers with information about IEP plans and 504 plans.

House Bill 4315 and House Bill 4621 were recommitted to the Judiciary Committee.

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

The House is adjourned until tomorrow, February 1, 2023, at 11 a.m.

Committee Meetings, today Jan. 31
 The Judiciary Committee will meet at 1 p.m. in Room 410.
 The Finance Committee will meet at 1 p.m. in Room 460 for Budget. Jan. | Feb.
 The Education Committee will meet at 2 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow Feb. 1
The Committee on Jails and Prisons will meet at 9 a.m. in Room 410.
The Committee on Seniors, Children, and Families will meet at 9:15 a.m. in Room 215E.
The Committee on Fire Departments and EMS will meet at 9:30 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.
 The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
 The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.

The Energy and Manufacturing Committee will host a Public Hearing on Friday, February 2, 2023, at 9 a.m. on H.B. 5018 – To provide for oversight and authority governing community air monitoring programs.

The Committee on Agriculture and Natural Resources met this morning to consider the following:

House Bill 4974 creates the Save Our Farmland and Protect Our National Security Act. The Secretary of State will compile a registry based on information available of those individuals, countries, and groups that constitute a threat to the agricultural production of this state and publish it on the website. The bill advanced to the Judiciary.

House Bill 4754 exempts the processing of livestock and wild game by a slaughterhouse for an individual owner of the product processed from the Consumer Sales and Service Tax. The amended bill advances to Finance.

House Bill 4745 exempts quail and partridges possessed for agricultural purposes from the game preserve licensure requirement. The bill advances to Government Organization.

House Bill 4280 creates a tax credit of 50 percent of the cost of lifetime hunting, trapping, and fishing licenses for veterans who are honorably discharged and verified as 50 percent or more disabled.

House Joint Resolution 8 guarantees the right of the citizens of West Virginia to hunt and fish. The bill puts a Constitutional amendment to the ballot for the 2024 election. The Bill advances to the Judiciary.

The Committee on Technology and Infrastructure met this afternoon to consider the following:

House Bill 4224 requires the West Virginia Division of Highways to develop performance standards and criteria to measure agency performance in all essential operations. The bill also requires the division to employ a management information system that will track the division’s past and current progress toward meeting performance standards. The DOH says they already have a system similar to this in place. This bill would codify what they are doing. The bill advances to Government Organization.

House Bill 4845 creates the West Virginia Anti-Swatting Act. Swatting is reporting false or misleading information to law enforcement via telecommunications. The bill advances to the Judiciary.

House Bill 5019 clarifies the surrender and return of a license not required for disqualifying or downgrading a driver’s license. The bill advances to the floor.

House Bill 5020 makes all first-time misdemeanor DUI offenders and first-time implied consent offenders eligible for deferred adjudication one time. No person shall be eligible to defer adjudication if charged with a felony, has a CDL, or has had their license revoked.

House Bill 5039 grants the Commissioner of the Division of Motor Vehicles jurisdiction over license revocation proceedings for the civil offense of refusing a secondary chemical test. The DMV has an administrative hearing process in place already and the division believes it can absorb the license revocation in this. The bill advances to the Judiciary.

House Bill 5310 creates the Remote Patient Outcome Improvement Act. The bill advances to Health and Human Resources.

House Bill 5338 creates the Consumer Data Protection Act to establish a framework for controlling and processing personal data in the state. The bill clarifies these standards do not apply to state and local governmental agencies. The bill provides exemptions for certain types of data.

House Bill 5226 protects minors on social media and other Internet uses, by requiring parents/guardians provides consent. The bill prohibits certain advertising and content. The bill prohibits direct messaging to the minor from any account not linked to the account by friending. The bill gives the Attorney General investigative and enforcement powers for violations. The bill advances to the Judiciary.

The Committee on Banking and Insurance met this morning to consider:

House Bill 4933 excludes dentures from the $1,000 dental coverage cap. Dentures are covered but do not apply to the $1,000 limit. The bill advances to Health and Human Resources.

House Bill 5057 sets the referral fee to an insurance company to a one-time fee of no more than $100. The bill advanced to the Judiciary.

House Bill 4947 creates the “First Time Home Buyers Savings Act.” The bill provides for subtractions from federal adjusted gross income. It also provides for limitations on the amount which can be subtracted. Financial institutions must provide account holders with information certificates. The bill requires the Tax Commissioner to propose rules to implement the act. The bill advanced to Finance.

House Bill 5082 exempts individuals who have held an insurance license for 20 or more continuous years from general continuing education requirement, as long as they reach a specific age first. The bill advances to Government Organization.

The Judiciary Committee met this afternoon to consider the legislation, including:

House Bill 4292 provides for enhanced damages of three times the amount owed for nonpayment of royalties due from oil, natural gas, or natural gas liquids production under the terms of the lease. This only applies to vertical wells.

House Bill 4867 requires pornography websites to use age verification to prevent minors from accessing websites. The bill proves definitions. Age verification methods include digitized information card, third-party verification, or data transaction.

House Bill 4940 prohibits squatting and states squatters are not considered tenants.

House Bill 4965 mandates restitution to children of victims of negligent homicide or driving under the influence causing the death of a parent or guardian to be paid monthly until the child reaches 18.