Status of 2021 Bills by Topic/Subject - WV Citizen Action Group

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Consumer Protection, Civil Justice, Courts

Passed

SB 5 – Relating to claims arising out of WV Consumer Credit and Protection Act
SB 401 – Relating to the WV Consumer Credit and Protection Act
SB 277 – West Virginia COVID-19 Jobs Protection Act – relating to COVID liability
SB 275 – WV Appellate Reorganization Act / Creating Intermediate Court of Appeals
HJR 2 – A constitutional amendment that would cut loose future impeachment proceedings of the state legislature from all constitutional restraint. The amendment would make it so that no court in the state could intervene to protect the right to a fair hearing of a public official facing impeachment, no matter how frivolous the charge or constitutionally flawed the process.

Defeated

SB 569 – Relating to damages for medical monitoring – House rejected 62-38. On the last day of the session a motion to reconsider the bill and recall it from the Senate was also rejected.

Constitutional Amendments, Article V Convention of the States

Passed

HJR 2 – Would cut loose future impeachment proceedings of the state legislature from all constitutional restraint. The amendment would make it so that no court in the state could intervene to protect the right to a fair hearing of a public official facing impeachment, no matter how frivolous the charge or constitutionally flawed the process.
HJR 3 – Would allow lawmakers to lower personal property taxes paid by businesses on inventory, machinery and equipment as well as the taxes people pay on their vehicles. This could lead to drastic cuts in revenue that currently funds vital services like schools, fire and police, libraries etc.
SJR 4 – Would allow churches and religious denominations to incorporate
HCR 9 – Urging Congress to call a convention of states to limit terms of office of the US House of Representatives – An Article V convention is a dangerous path that puts all of our civil liberties, and freedoms at risk. There is nothing stopping a new convention from rolling back our constitutional rights and civil liberties.

Defeated

HJR 1 – “Education Accountability Amendment” – Would have let the legislature amend or reject state Board of Education policies.
SJR 9 – Disabled Veterans’ Exemption from Ad Valorem Property Taxation Amendment – Would have given the legislature authority to exempt veterans who are awarded 100 percent service-connected disability from paying all or part of the property taxes on their residences.
SJR 11 – Constitutional Officer Term Limit Amendment – Would limit the Secretary of State, Auditor, Treasurer, Agriculture and Attorney General to serving no more than three consecutive terms. Eli Baumwell: Term limits, constitutional measures undemocratic (Opinion)
SB 332 – Providing procedure for WV to select delegates to Article V Convention – Although SB 332 passed both houses, when the bill was returned to the Senate after being amended by the House, the lead sponsor, Senator Karnes (R-Randolph) made a motion that the Senate refuse to recede and further amend the bill by including the provisions of SCR 5, urging Congress call Article V convention to impose fiscal restraints on federal government. The amendment was adopted on a voice vote. The Senate then asked the House to concur, but it did not act on the Senate message before the Legislature adjourned.

Criminal Justice

Passed

HB 2094 – Restorative justice for juveniles – HB 2094 recognizes the positive impact restorative justice can have for our kids and our communities, by ensuring that a restorative justice process will be an option in any juvenile case if all parties agree to participate. “You cannot be tougher on crime than preventing it in the first place.” Delegate hopes restorative justice can help juvenile offenders. – Gazette-Mail, Feb. 27

Defeated

HB 2257 – Would have added up to 10 years of extended supervision for people with drug offenses after they completed their underlying sentence, including any period of parole. Violation of the supervision would result in additional incarceration of up to 10 years. The bill was not taken up by the Senate Judiciary Committee.
HB 2017 – The Senate turned what started as a 400-page rewrite of the state’s criminal code was turned into a two-page bill that asks the West Virginia Sentencing Commission to review the House version as part of its work reviewing state sentencing guidelines.

Education, Public Employees

Passed

HB 2012 – Charter schools expansion
HB 2013 – Education savings accounts
HB 3293 – Transgender athlete ban
SB 11 – Making work stoppage by public employees illegal

Defeated

SB 7 – Limiting political activity by public employees
HJR 1 – “Education Accountability” constitutional amendment – Would have let the legislature amend or reject state Board of Education policies.

Elections

Passed

HB 2927 – Caregivers as Candidates – would help candidates with caregiving responsibilities run for office by adding caregiving expenses to the list of lawful campaign expenditures.

Defeated

SB 565 – Relating generally to elections – would have eliminated the most popular days of early voting, gutted automatic voter registration, and started the process of removing voters from rolls after two years (instead of four) if someone hasn’t voted. House Judiciary did not take up after public hearing

Energy and Environment

Passed

HB 3310 – Authorizing power purchase agreements (PPAs)
HB 2667 – Creating a cost savings program for state buildings through energy efficiency
HB 2382 – Water Quality Standards update
HB 2500 – Creating an act for Statewide Uniformity for Auxiliary Container Regulations – this would prevent local governments from banning straws and other disposable utensils and containers, solely based on what they’re made of.
SB 492 – Reclamation bonding for wind and solar facilities
SB 542 – Relating generally to public electric utilities and facilities fuel supply for existing coal-fired plants – requires coal-fired power plants to keep 30-days coal supply under contract

Defeated

HB 2598 – Amending the Aboveground Storage Tank Act, which would have exempted hundreds of tanks owned and operated by the oil and gas industry that are closest to water intakes
SB 303 – Creating Local Government Labor and Consumer Marketing Regulatory Limitation Act. Would have stripped local governments of their ability to pass laws concerning the environment, employment and workers’ rights issues, public health and beyond.

Guns

Passed

HB 2694 – Creating the 2nd Amendment Preservation Act – The Senate Judiciary Committee took out language that would have prohibited state and local officers from enforcing federal gun safety laws stricter than state law. Instead the bill prohibits “federal commandeering” of local law officers. On Saturday the bill was amended further to respond to President Biden’s announcement on Thursday that he plans to take executive action on gun violence. The bill would prohibit courts from issuing “red flag” orders, which allow guns to be seized from those deemed a threat to themselves or others.

Defeated

SJR 1 – Protection of the Right to Bear Arms Amendment – would have prohibited counties and municipalities from adopting any ordinances that are “contrary to or more restrictive than state law governing the sale, transfer, possession, use, storage, taxation, registration, licensing, or carrying of firearms, ammunition, or firearm accessories.”
SB 246, SB 570, HB 2364, HB 3022 – Bills allowing concealed guns in public schools and on college campuses

Health Care

https://www.wvgazettemail.com/news/health/syringe-exchange-other-health-related-bills-pass-on-final-day-of-session/article_dc2e82ed-efa4-5317-9738-845f790ad634.html
Also Lauren Peace at Mountain State Spotlight has in depth stories on a number of these bills.

Passed

HB 2266 – Relating to expanding certain insurance coverages for pregnant women
HB 2982 – “Second Chances at Life Act of 2021”
SB 334 – Establishing license application process for needle exchange programs
SB 12 – Requiring county commissions (or other appointing entities) to approve all new rules and any amendments to existing rules from local boards of health.

Not Taken Up – Pending in House Health

HB 2278 – CHIP buy-in program
HB 2611 – Creating Minority Health Advisory Team
HB 2708 – Relating to required health insurance coverage for diabetics
HB 3001 – Medicaid buy-in program

Kid and Families

Passed

SB 387 – Drug screening of applicants for cash assistance/TANF
HB 3293 – Relating to single-sex participation in interscholastic athletic events

HB 2363 – “Best Interests of the Child Protection Act of 2021” – The Senate Judiciary Committee amended the bill to preserve the best interest of the child while addressing some concerns shared by advocates for the original House.

Racial Justice, Non-Discrimination

Not Taken Up – Pending in Committee

HB 2216 – Creating Minority Health Advisory Team
HB 2698 & SB 108 – CROWN Act

Defeated

HB 2174 – West Virginia Monument and Memorial Protection Act of 2021

Tax and Budget

https://www.wvgazettemail.com/news/energy_and_environment/tax-valuation-bills-before-senate-estimated-to-cost-local-governments-21-million-triggering-financial-concerns/article_0e48a3af-0a2f-52be-8fb6-1c81ea80982c.html#tncms-source=article-nav-prev

Passed

HJR 3 – Would allow lawmakers to lower personal property taxes paid by businesses on inventory, machinery and equipment as well as the taxes people pay on their vehicles. This could lead to drastic cuts in revenue that currently funds vital services like schools, fire and police, libraries etc.
HB 2581 – Change the methodology for valuing oil and natural gas producing wells and lower the appraised values of oil and gas wells and resulting tax collections.

Defeated

HB 2493 – Changing the methodology for evaluating coal properties
HB 3300 – Personal income tax elimination/phase out

Workers – Contractor Licensing, Skilled Trades, etc.

Passed

HB 2006 & HB 2008 – Relax contractor licensing and licensure of various skilled trades including elevator mechanics, crane operators, HVAC, electricians, and plumbers making it easier for out of state contractors to come to WV with an army of untrained workers. HB 2008 also defunds the office of Commissioner of Labor and attacks apprenticeship programs offered by local unions.
SB 11 – Making work stoppage by public employees illegal
SB 277 – West Virginia COVID-19 Jobs Protection Act – relating to COVID liability
SB 275 – WV Appellate Reorganization Act / Creating Intermediate Court of Appeals – Makes significant changes to workers compensation

Defeated

SB 7 – Limiting political activity by public employees
SB 303 – Creating Local Government Labor and Consumer Marketing Regulatory Limitation Act. Would have stripped local governments of their ability to pass laws concerning the environment, employment and workers’ rights issues, public health and beyond.