Tuesday, June 17, 2025
Tuesday, June 17, 2025
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Bill Eliminating Restrictions on Lottery Ads Rejected in Judiciary

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The Judiciary Committee met this morning.

Markup & Passage

House Bill 2881 increases the number of state police members in the Child Abuse and Neglect Investigation Unit.

House Bill 3154 eliminates restrictions on limited video lottery advertising but requires retailers to get approval from the lottery commissioner for advertising. The bill was rejected due to a tie after a roll-call vote.

House Bill 3162 clarifies that action for violating the West Virginia Consumer Credit and Protection Act shall survive the death of the person entitled to recover or the death of the person liable.

Committee Hearing

House Bill 2056 addresses concurrent juvenile jurisdictions by allowing the transfer of exclusive federal legislative jurisdiction back to the state regarding juveniles.

House Bill 2397 prevents two immediate family members from acting in a fiduciary capacity for the same governmental authority.

House Bill 2679 provides guidelines for reinstating sheriff’s deputies to their former departments after retirement. The bill defines applicability, eligibility, and rules for the process.

House Bill 3190 expands the offense of public intoxication to persons intoxicated by controlled substances.

Senate Bill 336 is a rule bundle for the Department of Homeland Security, involving the Governor’s Committee on Crime Delinquency and Correction, the Division of Protective Services, the State Emergency Response Commission, and the WV State Police.

Government Administration Advances Originating Bill to Full Committee

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The Government Administration Subcommittee met this afternoon.

The committee first considered House Bill 3013, which was at the committee hearing stage. After hearing about the bill, the rules were suspended, and the bill was moved to markup and passage. The bill advanced to the Government Organization Committee.

House Bill 3013 requires movie theatre operators with more than one location in the state to provide open captioning during at least two shows per week of each digital motion picture produced and offered with open captions for the first 20 days of the movie’s premiere in that theatre. The bill also requires theatres to have at least two audio description devices available upon request. The bill provides exemptions for drive-in movie theatres, theatres with less than six screens, theatres not equipped for open caption files, motion pictures shown less than eight times from Friday through Thursday, and motion pictures shown by a theatre 20 days after its premiere in that theatre.

Next, the committee considered House Bill Originating 1. The originating bill provides the central nonprofit agency may enter into contracts for nonprofit workshops. The bill allows nonprofit workshops to engage in competitive bidding. The bill removes fair market pricing. The bill also terminates the Committee for the Purchase of Commodities and Services from the Handicapped on December 31, 2025. The bill transfers oversight duties of the committee to the Division of Rehabilitation Services. The bill advanced to the Government Organization Committee.

Committee Hearing

House Bill 2484 increases the probationary period for paid firefighter electricians and mechanics from six months to one year to match the probationary period for all other firefighters. The bill does not affect the benefits received.

House Bill 3056 provides arresting authority to Fire Marshals and Deputy Fire Marshals. The bill also provides a Deputy Fire Marshal may keep a complete standard uniform upon retirement to be worn during special occasions. The badge must have the word “retired” on it.

Twelve Bills Pass House of Delegates Today

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Today, the House of Delegates passed 12 bills and postponed action on House Bill 2719.

Two of the bills were rule bundles. Senate Bill 358 is a Department of Transportation rules bundle creating 10 rules for three agencies: the Division of Highways, the Division of Motor Vehicles, and the Parkways Authority. House Bill 2233 is a rule bundle for the Department of Environmental Protection, creating 9 rules.

House Bill 2347 permits the Supreme Court of Appeals to create mental hygiene regions and restructure the involuntary commitment process.

House Bill 2402 requires parents and guardians to have access to the child’s health records unless otherwise ordered by a court.

House Bill 2473 increases the bracketed tax rates on managing care organizations. The bill also gives the Tax Commissioner the certification process for future rates so the commissioner can work with the Bureau of Medicaid Services to adjust rates as needed.

House Bill 2501 changes the exemptions from property of an estate in bankruptcy proceedings. The bill allows the surviving spouse to claim the deceased spouse’s exemption in joint residence if the home owned together is owned by the surviving spouse. The bill also exempts payment by any governmental entity to subsidize the adoption of a child.

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

House Bill 2761 increases the jurisdictional limits of magistrate courts in civil action to $20,000 from $10,000.

House Bill 2774, the Coach Protection Act, modifies penalties for assault or battery on athletic officials, coaches, and participants.

House Bill 2761 requires magistrate courts to consider residency for setting bail for misdemeanor offenses.

House Bill 2867 removes real estate from being processed as a small estate.

House Bill 3030 removes the permit fee limit relating to the WV Water Pollution Control Act.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 13, 2025.

Committee Meetings, Today March 12

Committee Meetings, tomorrow March 13

Senate Passes Bill to Make Election of Judges Partisan

The Senate passed a bill that would make electing judges a partisan process in West Virginia during Wednesday’s floor session.

Senate Bill 521 would require justices for the Supreme Court of Appeals of West Virginia, court magistrates and circuit and family court judges to indicate their party membership on ballots for primary and general elections in the state.

These elections have been nonpartisan in nature since the 2016 election, following the Legislature passing a law to make them nonpartisan in the 2015 regular session. Today’s legislation would switch them back to partisan contests.

Supporters of the bill argued that all jurists enter the judiciary role with a certain political ideology that voters should be aware of when they go to the ballot box.

Opponents of the bill contend that one’s political ideology has no bearing on whether they can interpret the law and render fair and impartial judgements.

The legislation passed on a 22-12 vote.

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

The Senate is adjourned until tomorrow, March 13, at 11 a.m.

Afternoon Meeting:

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

Agriculture at 2 p.m. in 208W

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

Judiciary at 3 p.m. in 208W

Morning Meetings for March 13:

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

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

Judiciary Committee Advances Four Bills in Morning Meeting

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The House Judiciary Committee met this morning.

Markup & Discussion

House Bill 2035 creates a three-year pilot program called the West Virginia Public Guardian ad Litem Services Pilot Program to provide legal representation for children under a framework similar to the West Virginia Public Defender Services.

House Bill 2067, the West Virginia Firearms Liability Clarification Act, limits the type of claims that can be brought against a manufacturer or seller of firearms.

House Bill 2802 allows eight hours of law enforcement’s in-service training to be served on-site for a school safety program.

Senate Bill 486 establishes requirements for voting in West Virginia elections.

Committee Hearing

House Bill 2881 increases the number of state police members or former members in the Child Abuse and Neglect Investigation Unit.  

House Bill 3078 allows childcare facilities to apply for a speed zone designation.

House Bill 3162 allows cause of action to continue after the death of a person by their estate.

House Bill 3089 mandates the use of the Electronic Lien and Title System.

House Passes Two Executive Branch Reorganization Bills

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In today’s House floor session, Senate Bill 456 was completed and seven other bills passed.

Senate Bill 456 defines “male,” “female,” and “biological sex” in the WV State Code. The bill was amended in the Senate to remove a House amendment. The Senate Amendment does not allow for an examination of a minor to determine biological sex. The biological sex is determined by the sex listed on the birth certificate.

Senate Bill 138 enhances the penalties for fleeing an officer the second or subsequent time. The bill also DUI fleeing will be an enhanced penalty.

House Bill 2008 reorganizes the executive branch by moving the Department of Economic Development under the Department of Commerce as a division beginning July 1, 2025. Individuals who are in classified service positions will maintain that status unless they change jobs within the agency, then they will be in the classified exempt service system. New hires are in will be in the classified exempt service system. The bill was amended to include the Division of Natural Resources to Homeland Security.

House Bill 2009 reorganizes the executive branch by moving the Department of Arts, Culture, and History under the Department of Tourism as a division beginning July 1, 2025. Individuals who are in classified service positions will maintain that status unless they change jobs within the agency, then they will be in the classified exempt service system. New hires are in will be in the classified exempt service system.

House Bill 2190 removes the reference to a pilot program to allow Potomac State College to continue participation in the “Learn and Earn” Program for Community and Technical Colleges.

House Bill 2382 bans camping on public property and illegal camping in camping areas. The first offense will receive a written warning and information on resources available. A second offense will lead to a fine of up to $200. For a third offense in 12 months, the person can be fined up to $500 and/or 30 days in jail.

House Bill 2411 requires students to complete one full credit of computer science to graduate high school.

House Bill 2634 doubles the penalty for anyone found guilty of sexual assault in the third degree and sexual abuse of a child. For sexual assault in the third degree, the penalty would be 2 to 10 years imprisonment and a fine of $20,000. For sexual abuse, the penalty shall be imprisonment for 20 to 40 years and a fine of $1,000 to $10,000. For sexual abuse of a child under 16, the penalty would be imprisonment for 10 to 30 years and $2,000 to $20,000. The bill also doubles the penalty of a person of trust not reporting the abuse from 2 years imprisonment and a fine of $400-$4,000 to 4 years imprisonment and a fine of $800-$8,000.

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

The House is adjourned until 11 a.m. tomorrow, March 12, 2025.

Committee Meetings, Today March 11

Committee Meetings, tomorrow March 12

Judiciary and Subcommittees Met this Morning

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The Judiciary Committee met this morning.

Markup & Passage

House Bill 2702 authorizes the Governor to appoint an acting official to perform the duties of the constitutional officer until the office is filled by appointment by the Governor.

Senate Bill 8 allows for additional safe newborn surrender sites to be installed at fire departments, EMS facilities, police departments, or sheriff’s detachments.

Senate Bill 487 changes the period of voting inactivity before system purging. It also removes some obsolete language.

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.

The Department of Human Services does see some issues with the bill, as some child welfare laws come down from federal regulations. Also, there are different types of improvement periods. The sponsor of the bill mentioned the continued improvement periods, which endanger children. He asked, “How much is a child’s life worth?”

House Bill 2035 creates a 3-year pilot program for a Public Guardian ad Litem Service in three circuits.

House Bill 2802 provides a one-to-one exchange for up to 8 hours of in-service training for law enforcement who engage in on-site participation in a school safety program.

Senate Bill 486 clarifies who can vote in West Virginia.

The Subcommittee on Courts met this morning.

Markup & Passage

House Bill 3078 creates childcare speed zones of 15 miles per hour near a licensed childcare zone.

House Bill 3162 amends part of the WV Consumer Credit and Protection Act.

Committee Hearing

House Bill 2056 addresses concurrent juvenile jurisdiction and allows the transfer of exclusive federal legislative jurisdictions back to the state regarding children.

House Bill 3190 expands the offense of public intoxication to persons intoxicated by controlled substances.

The Subcommittee on Legal Services met this morning.

Markup & Passage

House Bill 2689 creates liability for publishers and distributors of sexual material harmful to minors.

House Bill 3089 mandates the use of the DMV electronic lien and title system for all entities that report more than five liens per year.

Committee Hearing

House Bill 2397 prevents two immediate family members from acting in a fiduciary capacity for the same governmental authority.

Senate Passes Lauren’s Law

The Senate passed Lauren’s Law on Tuesday, legislation to increase penalties for drug-related offenses.

Senate Bill 584 is named after Lauren Cole, a 26-year-old Morgantown native and WVU graduate, who died after ingesting drugs laced with fentanyl in July 2020.

The offenders found guilty of providing Lauren with those drugs are currently serving 15-year prison sentences. Under this legislation, similar offenders could be penalized by up to 40 years in prison. Anyone guilty of transporting a controlled substance into the state would also face stricter penalties if this law is enacted, up to 30 years for more than five grams of fentanyl.

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

Also, on Tuesday, Senate Bill 456, that would define “men” and “women” in state code, was amended by the Senate to state that “nothing could be construed as authorizing an examination of a minor for purposes of determining the minor’s biological sex. The biological sex of a minor is determined by reference to the minor’s biological sex recorded at the minor’s time of birth.”

That amendment takes out an earlier House amendment that would have allowed a healthcare worker to perform a physical exam of a minor without parental consent.

The House of Delegates later accepted the Senate’s amendment before passing the bill. The legislation now heads to the Governor’s desk to await his signature.

The Senate is adjourned until tomorrow, March 12, at 11 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

Morning Meetings for March 12:

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

Public Education Hearing on Eight Bills

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The House Public Education Subcommittee met this evening.

House Bill 2003 removes the distraction of cell phones by prohibiting phones and earbuds from being used in classrooms.

House Bill 2499 requires principals to have training on federal law relating to the Individuals with Disability Education Act (IEDA).

House Bill 2760 establishes a partnership between Workforce West Virginia and the WV State Board of Education for the implementation of an educational, interactive platform designed to help students with instruction in the Science, Technology, Engineering, and Math (STEM) field with a focus on chemistry in high schools and technical schools.

House Bill 2897 requires the Legislative Auditor to conduct periodic performance and financial audits of the West Virginia Department of Education.

House Bill 2973 clarifies where legal actions involving the West Virginia Secondary School Activities Commission shall be filed. The bill requires the lawsuit to be filed in Kanawha County and provide 30-day notice. If the resident or school filing is in Kanawha County, they must file the lawsuit in Boone County.

House Bill 3099 permits law enforcement to issue a citation when a student enrolled in a public school or public charter school is using nicotine on school property or at school functions.

House Bill 3125 removes restrictions on teachers without a master’s degree receiving permanent teaching licenses. The bill states that teachers with 10 consecutive years of teaching in WV in good standing can apply to receive a permanent teaching certificate in WV without having to take any additional coursework.

House Bill 3166 sets guidelines for standardized school safety mapping data.

Energy & Public Works Advances One Bill and 31 Resolutions

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House Energy and Public Works met this afternoon.

Markup & Passage

House Bill 2742 creates a limited waiver from the certificate of public convenience and necessity requirement for certain water or server service projects.

Naming Resolutions

House Concurrent Resolution 5 names the bridge carrying CR 050 over Glady Creek in Lewis County, the “U.S. Army PFC William Harrison Lowther Memorial Bridge.”

House Concurrent Resolution 6 names the bridge carrying CR 16/18 over Buffalo Creek in Logan County, the “U.S. Army Warrant Officer Private Sidney Washington Memorial Bridge.”

House Concurrent Resolution 7 names the bridge carrying US Route 35 over Lower Nine Mile Road, WV Route 38, in Mason County, the “U. S. Army Private First-Class John Wesley Meadows Memorial Bridge.”

House Concurrent Resolution 8 names the bridge carrying CR 009/01 over Copperas Mine Fork in Logan County, the “U.S. Army PFC Lester E. Maynard Memorial Bridge.”

House Concurrent Resolution 9 names the bridge carrying CR 079/03 over Cabin Creek at Dry Branch in Kanawha County, the “Robert S. Pomeroy Memorial Bridge.”

House Concurrent Resolution 10 names a portion of Knobley Road, beginning where U.S. Route 50 meets WV Route 9 and ending where WV Route 9 meets WV Route 18 in Mineral County, the “U. S. Marine Corps PFC Robert Thomas Taylor Memorial Road.”

House Concurrent Resolution 11 names the Fifth Street Bridge carrying WV 014 over Little Kanawha River in Wood County, the “Thomas A. Azinger Memorial Bridge.”

House Concurrent Resolution 12 names the Hundred Covered Bridge carrying CR 013 over WV Fork Fish Creek in Wetzel County, the “Charles ‘Charlie’ Goff Memorial Bridge.”

House Concurrent Resolution 13 names the Cameron Ridge Bridge, carrying CR 023 over Grave Creek in Marshall County as the “Corporal James E. Jackley Memorial Bridge.”

House Concurrent Resolution 15 names the bridge carrying IS 077 over CR 48 in Raleigh County, the “U.S. Marines PFC Delbert Carles Roles Memorial Bridge.”

House Concurrent Resolution 18 names the Johnsontown Bridge carrying WV 009 over Tilhance Creek in Berkeley County, the “Paul J. Hofe Memorial Bridge.”

House Concurrent Resolution 20 names the Stewart Street Bridge carrying CR 250/12 over the West Virginia Fork of Fish Creek in Wetzel County, the “U. S. Tustin Brothers Memorial Bridge.”

House Concurrent Resolution 21 names the Church Fork Bridge carrying US 250 over Church Fork Creek in Wetzel County, the “U. S. Army Private Terry F. Tustin Memorial Bridge.”

House Concurrent Resolution 22 names a portion of the Greentown Loop Road in Oak Hill, Fayette County, beginning at the Intersection of US 19 and WV 16 and ending at the intersection of Meadow Fork Road, the “James Monroe Ellis Memorial Road.”

House Concurrent Resolution 23 names the Dunloup Creek Bridge #1, carrying Thurmond Road/CR 25 over Dunloup Creek in Fayette County, the “U. S. Army Private First Class Calvin Esco Spade Memorial Bridge.”

House Concurrent Resolution 24 names the Littleton Bridge carrying US 250 over the West Virginia Fork of Fish Creek in Wetzel County, the “Postlethwait Brothers Memorial Bridge”.

House Concurrent Resolution 25 names the section of road located on U.S. Route 250 just North of the Moundsville city limits to just North of the intersection of W.V. Route 891 to the “Waynesburg Pike Road” and have an additional sign placed at the intersection of W.V. Route 88 and U.S. Route 250.

House Concurrent Resolution 26 names the Bradshaw Creek Bridge carrying County Route 12 over Bradshaw Creek in Summers County, the “U. S. Army Airforce Staff Sergeant Jimmie M. Hutchison Memorial Bridge.”

House Concurrent Resolution 27 names the Laurel Dale Road in Mineral County, the “U. S. Army Brigadier General Edmund Francis Roleff Memorial Road.”

House Concurrent Resolution 28 names a portion of War Ridge Road, beginning at the intersection of War Ridge Road and Ballengee Road in Summers County, to the intersection of War Ridge Road and Little Stoney Creek Road in Monroe County, the “U. S. Army Private First Class Frank Maddy Memorial Road.”

House Concurrent Resolution 29 names 2.9 miles of County Route 9, also known as Knobley Road, from its intersection with County Route 16 (Headsville Road) southward to its intersection with County Route 14 (Limestone Road), the “Sheriff Jeremy Taylor Memorial Road”.

House Concurrent Resolution 31 names the Dunbar Toll Bridge, carrying 10th Street over Kanawha River in Kanawha County, the “U. S. Army Lieutenant Colonel Quewanncoii “Que” C. Stephens, Sr. Memorial Bridge.”

House Concurrent Resolution 32 names Colcord Bridge carrying CR 01/04 over Clear Fork in Raleigh County, the “U. S. Army PVT Leon ‘Deacon’ Stover Memorial Bridge.”

House Concurrent Resolution 34 names Mouth of Seneca Bridge, carrying WV 28 and WV 55 over Seneca Creek in Pendleton County, the “U. S. Merchant Marine J. Ward Teter Memorial Bridge.”

House Concurrent Resolution 35 names a portion of Main Street East in Fayette County, beginning at the intersection with Patterson Avenue and ending with the intersection with Lochgelly Road, the “U. S. Air Force Sergeant Thomas Madison Oxley Memorial Road.”

House Concurrent Resolution 36 names the Main Street Bridge in Fayette County, the “U. S. Marine Corps Private First-Class Darrell Lee Burgess Memorial Bridge.”

House Concurrent Resolution 37 names the bridge carrying Interstate 64 over Broad Hollow Road in Wayne County, the “CPT Ray Leslie Memorial Bridge.”

House Concurrent Resolution 39 names a portion of Route 2 in Benwood, Marshall County, as the “Gold Star Mother Catherine Blake Highway”, with two gold stars after her name.

House Concurrent Resolution 42 names the Rocky Fork Bridge carrying County Route 622 over Rocky Fork Creek in Kanawha County, the “U. S. Army Corporal Kenneth H. Tinsley Memorial Bridge.”

House Concurrent Resolution 44 names the Ashton Woods Bridge carrying CR 055/20 over US 48X in Hardy County, the “U. S. Army SP4 Charles W. Wolfe Memorial Bridge.”

House Concurrent Resolution 45 names the New Buzzard Ford Bridge carrying CR 013 over the South Branch Potomac River in Hardy County, the “Charlotte Denise Seymore Hill Memorial Bridge.”

Committee Hearings

House Bill 2393 requires reporting from the Mountaineer Trail Network Authority each year to the Joint Committee on Economic Development.

House Bill 2451 creates home-based businesses for the manufacture, provision, or sale of goods or services in the owner’s residential dwelling. The business must be a “no-impact” business, meaning the number of employees and clients do not exceed the municipal occupancy capacity, business activities are limited to the sale of lawful goods and services, do not generate increased traffic or parking needs, occur in the home or the yard, and are not visible from the street.  

House Bill 2479 drops the number of required members for an economic development authority from 12 to seven.

House Bill 2835 creates the WV Infrastructure Deployment Clearinghouse.

House Bill 2856 allows for the installation of broadband fiber optics on property with conservation easements.

House Bill 2878 requires railroad companies and the Division of Highways to enter into a memorandum of understanding for construction and maintenance activities. The companies are required to provide alternative entry and exit ways.

House Bill 3135 creates a new crime for obstructing highways or passageways. The bill was explained as obstructing in protest. Initially, the crime is a misdemeanor with a $500 fine and imprisonment of at least a month. If the person commits the crime in an aggravating manner, the crime is a felony with a fine of at least $1,000 and imprisonment for 3 months to 3 years.

House Bill 3144 encourages the development of wireless infrastructure.

House Bill 3146 lowers the number of applicants of a military organization for a special plate from 100 to 50.

House Bill 3231 requires lessees of West Virginia real estate who make natural resources royalty payments for in-state property to any nonresident lessor to withhold West Virginia personal income tax on natural resources royalty payments. This applies to lessors who owe more than $1,000.