CHILD WELFARE
Child welfare bills of note are HB 4666 , which would have defined human trafficking for adults and minors and assigned respective penalties ; HB 4867 , which would have required pornographic content hosts to use state-approved age verification ; and HBs 5051 and 5052 , which would have offered eligible businesses a 100 % tax credit either on their annual operating costs or for starting a child care facility on their premises .
HB 4666 By Max Fisher
HOUSE : 97 YEAS – 0 NAYS
HB 4666 defines human trafficking for both adults and minors and assigns respective penalties , which , upon conviction , include imprisonment , fines or both . The bill also elucidates distinct penalties concerning forced labor , debt bondage , sexual servitude and patronizing a victim of sexual servitude . Some penalties already existing under state law would have been strengthened by the bill , examples of which are increased sentencing for the trafficking or aiding in the trafficking of an adult from 3-15 years in prison to 15-40 years . The trafficking , including aiding and abetting , of a minor would have increased sentencing from 5-20 years in prison to 25-100 years .
Had it passed , HB 4666 would have made anti-human trafficking laws in West Virginia stronger than federal law , allowing prosecutors the ability to prosecute traffickers in state rather than federal court if within the state ’ s jurisdiction . In addition to increased penalties and limiting parole eligibility , the bill also aims to expand and reinforce resources and support for trafficking victims . The bill passed the House of Delegates unanimously with a 97-0 vote and was then sent to the Senate where it was referred to the judiciary committee and never acted upon .
HB 4867 By Max Fisher
SENATE : 33 YEAS – 0 NAYS
HB 4867 , sponsored by Delegate Geno Chiarelli , requires certain websites hosting content that is offensive to minors , including pornography , to use age verification methods for those attempting to access their content . The bill specifies that pornographic content hosts must use state-approved methodologies for verifying users ’ ages . If they fail to and a minor accesses the content , the website or content host would be subject to either civil or criminal liability , including compensation for any damages to the minor such as psychological harm .
The bill sets the threshold at 33.33 %, meaning websites or other mediums that have more than a third of their content fall within very detailed and descriptive parameters set forth in the bill would be regulated under this legislation . The bill , after several amendments in committee , passed the House unanimously with a 96-0 vote . It passed the Senate , also unanimously , with a title amendment that was ultimately rejected by the House .
HB 5051 & 5052 By Brian Dayton
Ask any working parent what one of the biggest challenges they face is , and they are likely to answer child care . West Virginia ranks among the worst states for the affordability and availability of child care — an issue that directly impacts the state ’ s low workforce participation rate .
Two years ago , the West Virginia Legislature passed SB 656 , a cutting-edge proposal to encourage businesses to create child care facilities on their premises by providing a 50 % tax credit against the startup costs of the facility . The bill was championed by the West Virginia Chamber and has already seen an impact with some day care facilities now in operation because of the legislation .
At the beginning of the 2024 legislative session , child care was identified by House Speaker Roger Hanshaw as one of this session ’ s top priorities . While a number of bills were introduced , the West Virginia Chamber brought language to the Legislature that ultimately became HBs 5051 and 5052 and their Senate companions , SBs 373 and 258 .
HB 5052 was designed to sweeten the incentive for businesses that was put in place in 2022 by expanding the tax credit from 50 % to 100 %. HB 5051 provides a slightly different tax credit option . Instead of receiving a tax credit for starting a child care facility , businesses would have been eligible for a 100 % tax credit on their annual operating costs . This provided another significant incentive to participate in this space for businesses already operating child care for their employees or whose startup costs would have been minor . The legislation was specific to ensure that businesses would have to choose which credit to use and would not be eligible for both .
Late in the session , news broke that the state was facing a potential setback in federal money , and several bills that would have had a fiscal impact — including HBs 5051 and 5052 — were set aside . The good news is that it appears the state may receive a waiver from the federal government , which would give an opportunity for these items to be potentially reintroduced in a special session later this year .
Photo by Perry Bennett , WV Legislative Photography .
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WEST VIRGINIA EXECUTIVE