From the Well | January 18, 2024

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

86th West Virginia Legislature

State Capitol

January 18, 2024

West Virginia News Headlines

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DOMESTIC VIOLENCE: The House of Delegates Committee on Jails and Prisons approved legislation that gives attention to protecting victims of domestic violence.

DNA EVIDENCE: The House Jails and Prisons Committee passed a bill that requires the SAFE (Sexual Assault Forensic Examination) Commission to propose rules for legislative approval regarding timeframes for submitting sexual-assault forensic examination kits.

INTERNET: A House Committee adopted an amendment to House Bill 4423, which involves minors’ access to Internet content.

ELECTRIC VEHICLES: The House Committee on Economic Development and Tourism passed an amendment to House Bill 4201, expanding the definition of electric vehicles.

FATALITY AND MORTALITY: The House Health and Human Resources Committee approved legislation that continues the West Virginia Fatality and Mortality Review Team.

OPIOID TREATMENT: A House of Delegates member said House Bill 4795 is an “agreed-to” bill that begins to acknowledge the need to enhance opioid treatment.

Authorizing the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to law enforcement training

and certification standards

The rule also outlines annual in-service and biennial in-service training, continued certification, recertification, and decertification standards for law enforcement officers.

The Rulemaking Review Committee made only technical revisions to the bill. The House Committee on Jails and Prisons did not amend the bill. It reported it to the full House with the recommendation it passes after being first referenced to the Judiciary Committee.

Authorizing the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to protocol for law enforcement response

to domestic violence

The rule was not amended.

The Committee reported the bill to the full House with the recommendation to pass it after it is referenced to the Judiciary Committee.

Relates to the West Virginia sexual assault forensic examination commission (SAFE Commission)

The bill provides procedures for handling, storing, and testing sexual assault evidence to comply with the rules required by the SAFE Commission and Senate Bill 89, which requires hospitals to have trained providers available to conduct sexual assault exams. The Committee reported the bill to the full House with the recommendation it passes after being first referenced to the Judiciary Committee.

Protection of minors from harmful material on the Internet

The first section requires age verification for access to harmful minor content online and creates liability for companies that fail to verify age or distribute such content to minors. It provides civil remedies and exceptions.

The second section requires device manufacturers to automatically enable filters on their products beginning in 2025 to block minor access to inappropriate material. It establishes liability and penalties for noncompliant manufacturers.

The Attorney General can take enforcement action, and parents can sue manufacturers for damages.

The bill will go to the full Legislature with a recommendation that it passes, but it was referred to the Judiciary Committee for further review.

To provide for the creation of an EV Manufacturers Investment Credit

The Committee referred the bill to the Committee on Finance.

Revising authority of West Virginia Fatality and Mortality Review Team

The Committee also approved legislation allowing an academic center to provide opioid treatment services (House Bill 4795). See below.

Under terms of House Bill 4874, the state Fatality and Review Mortality Review Team’s role is modified to eliminate “review and assessment” caused by unintentional prescription or pharmaceutical drug overdoses and suspected domestic violence.

According to Committee Counsel, information regarding the former is through state data collection by the Office of the Chief Medical Examiner (OCEM). The latter is included in in a national database and is based on reports from state officials.

The statute is revised to state the deaths of “all infants and women who die during pregnancy, at the time of birth or within one year of the birth of a child and children under 17 years of age” (revised statutory language).

The Committee adopted an amendment to include a representative of the Minority Health Institute, located at Marshall University to include a representative of the Minority Health Institute at Marshall University as part of its membership but rejected an amendment that would authorize the Review Team to contact family member of the deceased.

Delegate Anitra Hamilton of Monongalia County sponsored the amendments.

Delegate Hamilton said the Minority Health Institute could provide valued information regarding issues having “cultural sensitivity” within the state’s minority communities – a point reiterated by Delegate Mike Pushkin of Kanawha County, who said the state’s minority community has “disproportionate” rates of infant deaths.

Vice Chairman Heather Tully of Nicholas County supported the amendment, saying its provisions enhance the bill.

The second amendment was defeated by voice vote.

In support of the amendment, Delegate Hamilton said, “What we don’t know is not a viable action.” She said such contacts could provide qualitative insight into infant mortalities, including lack of transportation to secure medical care.

Delegate Tully said the proposed amendment, if adopted, might “retraumatize” family members.

Committee Counsel said the proposed statutory language allows the Review Team by majority vote to contact family member or members if it determines “there is a clear public health interest” in making such contacts. Delegate Tully emphasized that point, saying the Committee would retain authority to centralize family contacts.

The bill revises statutory language to reflect changes that would be made to current law regarding Review Team duties.

The Review Team would work under the auspices of the state Health Officer rather than OCEM.

Permitting an academic medical center to operate an opioid treatment facility

A member of the House Health and Human Resources Committee, he said the number of such facilities permitted under state law is set at nine, based on 2013 legislation, and the bill makes “baby steps” to extend treatment beyond the current facilities authorized to provide services.

He also mentioned many of the recipients who travel to the facilities must secure transportation through Medicaid.

Delegate Pushkin noted that any “expanded” options for opioid treatment would be under the auspices of “academic medical centers,” which could provide more holistic care in a “hospital-like” setting.

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