Senate Passes Bills On Alcohol, SSAC And EMS 

The Senate passed 20 bills Monday on a variety of issues ranging from alcohol consumption to high school sports. 

The Senate passed 20 bills Monday on a variety of issues ranging from alcohol consumption to high school sports. 

Senate Judiciary Chair Sen. Charles Trump, R-Morgan, said on the floor that Senate Bill 534 was intended as technical cleanup for a bill the Senate passed last year relating to beer, cider, wine, and liquor license requirements.

After changes in committee, and the addition of three floor amendments, the bill would expand how and where alcoholic beverages can be sold and enjoyed responsibly.

“It authorizes municipalities to establish private outdoor designated areas that are zoned for alcohol consumption in that area for alcohol drinks sold for by qualified permit holders, who are class A licensees,” Trump said. “The bill allows a product I’ve not heard of before, but I’m eager to learn about beer slushies. Maybe members of this body are familiar with the product? I don’t know. But the bill will permit that. It would be currently unpermitted under our present law.”

Trump stated that the changes would serve to promote tourism in the state. The bill had its detractors, but ultimately passed on a vote of 25 to 8.

Senate Bill 667 would require periodic performance audits by the legislative auditor of the West Virginia Secondary Schools Activities Commission, the main governing body of high school sports, cheerleading, and marching bands in the state.

There was a brief debate over the legality of such a bill.

Sen. Mike Woelfel, D-Cabell, stood to oppose the bill and raised concerns that the proposed oversight would not stand up to legal scrutiny.

“The Supreme Court of Appeals held that the WVSSAC is not a state agency. In fact, they went on to say it’s not even what’s called in the law public body,” Woelfel said. “So respectfully, I believe it’s an unconstitutional attempt by us to have an audit of an autonomous group. And that’s what the Supreme Court of West Virginia described the SSAC as.” 

Sen. Ryan Weld, R-Brooke, one of the bill’s co-sponsors, spoke in favor.

“What I think we’re trying to get here, with this piece of legislation, Mr. President, is a look under the hood of the agency that is responsible for all the activities in the state that our kids who attend high school partake in, any sports, whether they’re in the band,” he said. “An organization that has millions in assets.” 

Senate Bill 737 was the second bill introduced Monday to deal with compensation for Emergency Medical Service workers.

Senate Finance Chair Sen. Eric Tarr, R-Putnam, said the bill would create a special revenue account, the Emergency Medical Services Salary Enhancement Fund, to supplement the salaries of EMS workers across the state.

“The rules are to provide a mechanism for distribution of the funds to the county with the parameters of distribution to counties demonstrating the most need, counties who have a special levy, counties who have reached the maximum rate on a regular Levy and counties that suffer from competition from border states,” he said. 

According to a state coalition of Emergency Medical Service workers that presented earlier in the legislative session, the state has lost 1900 EMTs over the past three years.

All three bills, along with 13 others, now go to the House of Delegates for its consideration.

Nearing Completion

The Senate also took up four bills originating in the House.

House Bill 2062 completed legislative action. If signed by Gov. Jim Justice, the bill would modify e-bike regulations to more closely conform to federal law and allow certain e-bikes to be operated on public lands. The bill also states that users of e-bikes would have the same rights and privileges as regular bicycles.

House Bill 3340, which modifies the state’s Tax Increment Financing system, also completed legislative action and is awaiting the governor’s signature.

The other two bills were amended on the Senate floor and will complete legislative action if the House concurs on the Senate’s amendments.
House Bill 3307 would establish the West Virginia-Ireland Trade Commission, and House Bill 3428 transitions the West Virginia Business Ready Sites Program from a pilot to a permanent status.

Adventure Travel Day At The Capitol Includes E-bikes

On Adventure Travel Day at the West Virginia Legislature, on and off road enthusiasts touted some mean machines on two wheels and four – and some, not so mean.

On Adventure Travel Day at the West Virginia Legislature, on and off road enthusiasts touted some mean machines on two wheels and four – and some, not so mean. 

West Virginia adventure travel displays were not limited to inside the capitol rotunda. Outside the governor’s office, a row of high end road warrior vehicles formed a formidable, impromptu parking lot. A few came complete with attachable camping gear. 

Inside, adventure travel outfits included a variety of Hatfield-McCoy and other ATV trail runs, rides and accessories. The New River Jet Boats drew interest, as did the Court Roads Jeep Club and the 132-mile Hellbender Motorsports roadway run. 

McDowell County’s “Head of the Dragon” motorcycle and sports car ride was organized to help bring economic development to the coalfields. 

And the veteran driven Mission 22 display offered a road or trail ride to any former or current serviceman or woman who wants to hit the hills.

But the wheels getting the most traction running through state legislation right now come with the smallest engine here, and it’s not even gas powered. We’re talking about electric bikes, or e-bikes.

Joseph Overbaugh is the chief operating officer of Fission Cycles just outside Parkersburg. He is also the author of House Bill 2062, which just passed the House and is now in the Senate. It’s meant to align state e-bike laws with federal laws. The measure allows the most popular e-bikes made to be ridden in all of West Virginia’s state parks. 

Overbaugh said over the past five years, electric-bike popularity has skyrocketed.  

“One of the main drivers was actually COVID-19,” Overbaugh said. “After the lockdown and everyone got stuck at home, people started to look for ways to get out and do outdoor activities and social distance. The e-bike market just exploded as an opportunity for people to get out to exercise and social distance.”

State parks representatives who were set up at Adventure Travel Day said they were all in favor of opening up the parks to e-bikes.

Electric Bike Regulations Unclear; State Lawmakers Hear About Potential Changes

In a Sunday meeting, members of the West Virginia Legislature’s Select Committee on Infrastructure heard from an e-bike vendor on the potential of updating state code to accommodate riders.

In a Sunday meeting, members of the West Virginia Legislature’s Select Committee on Infrastructure heard from an e-bike vendor on the potential of updating state code to accommodate riders.

Electric bikes, or e-bikes, are motorized bicycles meant to help riders through hills or rough terrain. They help accommodate riders like the elderly, those getting back into riding or those with health issues or disabilities.

“With our hilly terrain here in West Virginia, it’s very likely that you take [your bicycle] out for a ride, you get up to the top of that first hill, you take the bike back, park in your garage and that’s where it stays,” Davisville-based Fission Cycles COO Joseph Overbaugh said to the committee. “But with e-bikes, it helps to lower the curve to get back into cycling. So you actually end up getting more exercise from the e-bike because you’re still out doing physical activity.”

Current state law restricts “Class III e-bikes,” which provide assistance when pedaling up to 28 miles per hour, from being ridden on trails.

State code makes no mention of less powerful Class II e-bikes, which use a throttle to automatically propel riders up to 20 miles per hour, leaving the regulations unclear.

Overbaugh said he’d like to see lawmakers align with the less restrictive federal guidelines.

“Since we do have places like New River Gorge and other federal parks in West Virginia, having those two things in alignment means that you can travel back and forth from both places and not have to overthink about ‘Well, what’s the code here?’” he said.

Overbaugh hopes to have a bill introduced next legislative session that would clarify the regulations.

“For e-bikes, we already have the trail systems, we already have everything needed, we just need to open up the state to bring in those people who want to enjoy nature, they want to enjoy access to what we have to offer,” Overbaugh said.

A similar bill in this year’s session did not make it out of the committee process.

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