From the Well | January 17, 2024

It is the informal gathering place for lobbyists, reporters, constituents and lawmakers.

Centrally situated between the chambers of the House of Delegates and Senate,

The Well is where information is often shared, alliances are formed, and deals are made.

86th West Virginia Legislature

State Capitol

January 17, 2024

West Virginia News Headlines

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TEST STRIPS: Legislation is designed to exclude drug-test strips from the definition of drug paraphernalia.

MUG SHOTS: The House Judiciary Committee passed legislation to prohibit the Division of Corrections and Rehabilitation (DCR) from posting “mug shots” or booking photos for an arrest unless that person is convicted of the crime.

DNA DATA: The House Judiciary passed a bill that changes the current law involving the collection of DNA data for law enforcement purposes.

HUMAN TRAFFICKING: The House Judiciary Committee approved a bill that creates and stiffens penalties for offenders.

PARENTAL REQUIREMENTS: The House Judiciary Committee passed a bill that requires parents or guardians to participate in programs for juveniles who are in an out-of-home placement unless a judge determines it is not in the child’s best interest.

POLICE DOGS: Senate Bill 399, adopted by the Senate Judiciary Committee, creates crimes for those who “unlawfully, knowingly, and intentionally makes physical contact with a police dog under the control of a law-enforcement or corrections officer acting in the officer’s official capacity.

LOCHHRA: The House Judiciary Committee passed legislation that updates the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) rules on executive sessions.

MEDICAL STUDENTS: Legislation advanced to increase the number of scholarships for students attending the state’s three medical schools.

DEVELOPMENT: Senate Bill 354, adopted by the Senate Economic Development Committee, creates the West Virginia Advanced Energy and Economic Development Corridor Authority.

She discussed updates to ODCP’s overdose data dashboard and plans for a new outcomes dashboard. She also summarized the findings and recommendations of the Recovery Residents Task Force.

Ms. Thaxton focused on key drug trends in West Virginia, including a steady rise in overdose deaths from 2010 to 2020 and a recent decrease.

She analyzed the substances most commonly found in fatal overdoses while outlining numerous prevention, education, treatment, and recovery programs that ODCP supports. Those include school-based programs, naloxone distribution initiatives like Save a Life Day, diversion programs like LEAP, medication access in corrections, and recovery housing certification.

Ms. Thaxton emphasized ODCP’s collaborative approach across state agencies and with law enforcement. She stressed the importance of timely data collection and using data to inform programming.

The purpose of the bill is to exclude drug-test strips from the definition of drug paraphernalia and to specify that the possession, sale, and purchase of drug-test strips is not prohibited within West Virginia.

Note: The bill was recommended for passage by the Legislature’s Interim Joint Committee on Health during the 2024 legislative session.

The bill passed the House Committee on Treatment and the Prevention of Substance Abuse on Wednesday without questions or debate from members. It will now head to the House Judiciary Committee for consideration.

Note: The Legislature’s Interim Joint Committee on Health recommended passage of the bill during the 2024 legislative session.

The bill passed the House Committee on Treatment and the Prevention of Substance Abuse on Wednesday without questions or debate. It will now head to the House Judiciary Committee for consideration.

The bill defines booking photograph, stating that it is not a public record and not to be disseminated except for certain circumstances, such as the person is a fugitive or a judge orders its dissemination.

The bill engendered lengthy discussion regarding the right of the public to know versus the standard of “innocent until proven guilty.” The DCR still can make public the name, birthdate, and charges without a photo. An amendment passed that would require a publication that requires payment to remove a photo must remove the photo even if it was published prior to the legislation.

Currently, DNA is collected only from certain felony convictions, but the bill changes this to all felony convictions and certain misdemeanor convictions. It also updates the definition of qualified arrestees from whom DNA is collected, such as those who are arrested for felony crimes against a minor.

A witness called by the Committee explained the national Combined DNA Index System, or CODIS, stating that it is not accessible to the public or third parties. She provided a personal experience of having a crime committed against her that was solved several years later with DNA collected from an arrestee in California.

There was discussion about whether there were any exceptions if parents have to care for other children or have a job conflict. Counsel answered that the only exception is a judge’s determination of the best interest of child. Concerns were expressed about who is responsible for notifying parents.

An amendment passed that would provide parents with appointed counsel. A second amendment passed that would remove the requirement of parental participation unless it’s ordered by the court.

Chairman Tom Fast of Fayette County responded that the same bill, without the amendments, passed the House 93-1 last year after a Delegate voiced that he found the bill very problematic.

Delegate Brandon Steele of Raleigh County spoke against the bill, noting the toll taken on families for status offenses, such as smoking cigarettes at age 14.

“What do you think that does to a kid? We have kids right now with status offenses throughout the state because of cell phones,” Delegate Steele said.

Persons convicted of the crimes face fines ranging from $200 to $3,000 depending on the seriousness of injury to the police dog and $2,000 to $5,000 for causing a police dog’s death. Those convicted also face possible jail time if the injuries are more serious, including a two- to 10-year sentence if the police dog is killed.

In all instances, the police dog must be under the control of a law-enforcement or corrections officer who is responsible for the police dog acting in its “official capacity.”

The Committee rejected an amendment that would have required both a fine and jail term for a person killing a police dog under the control of a law-enforcement or corrections officer acting in his or her official capacity.

The bill creates a new section in West Virginia’s criminal code.

Committee Counsel said if the law were not adopted, an older law would not provide fines or jail sentences for those maliciously harming a police dog.

The bill defines police dog as “a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of including, but not limited to tracking, suspect apprehension, crowd control, or drug or explosives detection.”

The Charleston Police Chief and a Kanawha County Sheriff’s deputy discussed the role of police dogs, with the deputy bringing a police dog to the committee meeting.

​The Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) also is authorized to report findings from the executive sessions that can drive policy decisions.

An amendment passed that adds “guardrails,” as described by Delegate Evan Hansen of Monongalia County by specifically limiting executive sessions to specific cases, such as child abuse, nursing home abuse, hospital abuse, and child protective services.

House Bill 4768, as adopted by the House Education Committee on Wednesday, increases the number to four students per state medical school: West Virginia University School of Medicine, Marshall University Joan C. Edwards School of Medicine, and the West Virginia School of Osteopathic Medicine.

Current law stipulates each of the state’s three medical schools can provide scholarships for two students per medical school.

For each academic year that a medical student participates in the program, he or she must commit to render services for one calendar year as a medical doctor or a doctor of osteopathy in the state in a medically underserved area and in a primary care or specialty practice or field in which there is a shortage of physicians, as determined by the Division of Health.

The service commitment begins within six months after graduation from an accredited residency program.

According to Committee testimony, the cost is $360,000, based on 12 students having a $30,000 reduction in medical school enrollments.

The measure has a second reference to House Finance.

According to legislative findings, the Corridor Authority, established as a 501 ( c)(3) entity, will provide “guidance to local governments, business, and industries which may maximize the economic development and diversification of…economies” in the four counties, including “vital connectivity to bourgeoning markets, resulting in both job creation and economic expansion in southern West Virginia” in large part because of the proximity to the National Highway System’s I-73/74 corridor, which spans northern Michigan to eastern South Carolina.

Additionally, legislative findings note the Corridor economic development agencies are “aligning efforts to embrace the expansion of the energy and economic development policies adopted by the West Virginia Legislature as a tool for economic development and are focused on efforts to transform and revitalize the region by fostering partnerships and initiatives which are complementary and supportive of existing successful industries in West Virginia.”

The bill stipulates several Authority duties, including:

·     Setting “specific tactical goals and demonstrable objectives via input from member counties and communities”

·     Seeking Private-Public Partnerships (P3s) to achieve its vision;

·     Allowing bonding and tax credits to facilitate economic development along the corridor;

·     Seeking governmental engagement for guidance

·     Developing a memorandum of understanding (MOU) with the Appalachian Regional Commission (ARC) in areas of economic development, transportation, tourism, infrastructure, technology, and other areas beneficial to the member counties and communities, and the state.

Additionally, the Authority “may exercise all powers necessary or appropriate to carry out the purposes of this article, including property acquisition; contracting for legal services; appointing officers, agencies and employees; contracting for consultants’ services; accepting grants, gifts and other funds; securing loans; and seeking and securing in-kind gifts or funds.

The Department of Economic Development is to assist the Corridor Authority with administrative, clerical, and technical support.

The Committee removed two bill provisions, including a requirement that the Corridor Authority “make a commitment to a net-zero carbon footprint for all endeavors.”

The second amendment deleted language whereby Corridor Authority members would reimbursed for “reasonable expenses incurred in the discharge of their official duties.”

The “net-carbon footprint” language drew strong committee opposition.

By removing members’ expenses reimbursement, the bill forgoes second reference to Senate Finance.

The Corridor Authority would include 13 members.

Senator Robert H. Plymale of Wayne County, a bill sponsor, noted the “staffing” is largely drawn for the four counties involved, meaning no additional expenses for hiring staff, and that, as the Committee counsel states, the “net-carbon footprint” language can be an objective for which the Corridor strives.

20th Day: January 29, 2024 — Submission of Legislative Rule-Making Review bills due

35th Day: February 13, 2024 — Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions

41st Day: February 19, 2024 — Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills and does not apply to Senate or House resolutions or concurrent resolutions

47th Day: February 25, 2024 — Bills due out of committees in house of origin to ensure three full days for readings

50th Day: February 28, 2024 — Last day to consider bill on third reading in house of origin; does not include budget or supplementary appropriation bills

60th Day: March 9, 2024 — Adjournment at midnight