From the Well | March 1, 2024

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86th West Virginia Legislature

State Capitol

March 1, 2024

West Virginia News Headlines

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VETERANS ENCOURAGED: The Senate passed Senate Resolution 61, which encourages military veterans in West Virginia to volunteer as election workers for the 2024 statewide elections.

COURT REQUIREMENTS: The House Judiciary Committee rejected the Committee Substitute for Senate Bill 725, which sought to clarify conditions for pre-trial release and maximum bail amounts. Counsel said the bill creates certain requirements for magistrates.

INTERNET PROTECTIONS: The House Judiciary Committee passed Senate Bill 477, which prohibits public disclosure of information on the Internet with regard to health care workers.

TABLED: The House Judiciary Committee tabled legislation that was to be a companion bill for Senate Bill 477.

TREATMENT: The Senate Judiciary Committee quickly passed Committee Substitute for Senate Bill 632 to continue the study group to develop a strategic plan for a sequential intercept model to divert certain individuals away from the criminal justice system into treatment.

·     HB5122 (Relating to civil service for deputy sheriffs) passed the Senate without amendment.

·     HB4756 (Creating a state Alzheimer’s plan task force) was amended by the Senate. The House concurred with the Senate amendment with further amendment.

·     HB4874 (Relating to fatality and mortality review team) was amended by the Senate. The House concurred and passed the bill.

·     HB5295 (Authorizing a private outdoor designated area to simultaneously host multiple qualified permit holders) was amended by the Senate. The House concurred with further amendment.

·     HB5540 (Relating to fentanyl prevention and awareness Education [Laken’s Law]) also was amended, and the House concurred with the amendment and passed the bill.

Third-reading bills

The following bills passed the House with little or no debate:

·     SB164 (Relating generally to trespassing}

·     SB451 (Directing Prosecuting Attorneys Institute to make training available to certain new prosecuting attorneys)

·     SB539 (Creating cold case database)

·     SB712 (Reducing minimum age for State Police cadet)

Second-reading bills

Budget bills were postponed.

The following bills were advanced from first reading to second reading:

·     SB160 (Updating language and increasing penalties for indecent exposure)

·     SB504 (Relating to felony offense of sexual intercourse, intrusion, or contact with student)

·     SB623 (Requiring DMV to provide images of certain individuals to Secretary of State for voter identification purposes)

·     SB438 (Modifying roster requirements of authorizing entities) was reported to the full House by the Government Organization Committee with a recommendation that it pass

Messages from the Executive informing the House of approval

·     HB5045 (Related to the administration of the West Virginia Water Pollution Control Act, and Underground Carbon Dioxide Sequestration and Storage)

·     HB 5157 (Relating to contingent increase of tax rate on certain eligible acute care hospitals)

Encouraging WV military veterans to volunteer as election workers in 2024 statewide elections

Senator Ryan Weld of Brooke County said the state needs more than 8,400 poll workers to serve in 1,680 precincts across the state. He said veterans are the most trusted demographic in the state and possess skills that would be helpful at the polls.

Speaking on the Senate floor, Senator Weld encouraged veterans to contact county clerks to volunteer for service during the primary and general elections.

Click here to watch Senator Weld deliver

his remarks Friday during the Senate floor session.

Clarifying conditions for pretrial release and maximum bail amount for certain defendants

Circuit Judge Staci Nowicki Eldridge, Legislative Chair for the Judicial Association, relayed two modifications that were needed in the bill. Two former magistrates, Delegate Keith Marple of Harrison County and Delegate Hollis Lewis of Kanawha County, spoke in opposition to the bill.

Delegate Joey Garcia of Marion County asked Delegate Lewis what he thought about the bill.

“I find it troubling,” Delegate Lewis said. He said it would add to the number of people incarcerated.

Delegate Marple said, “It restricts the magistrate, who knows these people better than anybody else.”

Prohibiting public disclosure of personal information on Internet

Counsel said the bill prohibits “doxing,” which is the act of searching for and publishing private or identifying information about an individual on the Internet, usually with malicious intent.

A health care worker can make a written request to remove information posted on the Internet if it creates a threat to self or family.

Prohibiting public disclosure of personal information on internet

A Delegate made an amendment to add wages, but it was noted that the State Auditor has a website for transparency in wages for state employees. The Delegate who made the amendment withdrew it.

Another amendment was proposed that personal information does not include any information on the Secretary of State’s business registration online. Delegate Joey Garcia of Marion County, an attorney, said the information is necessary to know who to serve if a lawsuit is filed.

A Delegate asked, “What about the sex-offender registry?”

Counsel responded that there is no exemption provided for in the bill.

Because of the concern that the bill may have unintended consequences, the undebatable motion to table was made and passed.

Relating to Dangerousness Assessment Advisory Board multi-disciplinary study group

The purpose is to promote continuity of care and interventions. Individuals with brain injuries are to be included in the study.

The bill updates the membership of the Dangerous Assessment Advisory Board.