Senate panel advances broad agency-rule package; debate centers on funeral-director training requirement

Counsel told the committee that House Bill 4265 is an omnibus package of legislative-rule changes across multiple state boards and agencies, and then walked members through key provisions.

Among the items counsel highlighted were changes to agricultural rules (including public-market standards and a new definition for West Virginia live-bird markets), updates to the grade-A pasteurized milk rule, a new retail permitting process for hemp and kratom products with a change from percentage to milligram limits for kratom dosing, revisions affecting agritourism and farm-use land valuation, adjustments to architect registration and continuing-education rules, clarification of auditor prepayment approval, and multiple licensing-board updates to conform with the Universal Licensure Act.

Counsel also described a change to funeral-director rules that would require the licensee in charge to be a full-time employee of the funeral establishment and to hold specified credentials, including a funeral-services license, a crematory training certificate or crematory-operator permit, and a preneed license in West Virginia. The counsel explained that the rule provides temporary reactivation for retired experienced funeral directors for up to six months upon written request and payment of an inactive-license fee.

The senior senator from the Fourth asked whether she should vote under Rule 43 because she is a licensed physical therapist; the chair ruled she is a member of a class and therefore required to vote. Later, a junior senator from the eighth raised concerns that the crematory-training/permit requirement could impose an undue burden on small, family-owned funeral homes that do not operate crematories, saying such owners would have to take training and pay for it even though they never intend to operate crematories. "That's dumb," the senator said, adding that the committee needed to correct the apparent error if the rule truly imposes that obligation.

Counsel responded that the training requirement derived from legislation passed in 2025 and that rules cannot conflict with statute; changing that requirement would require a new bill rather than a committee-level rule amendment. Counsel reiterated the language in section 12 requiring the licensee in charge to be a full-time employee with specific licensure or training certificates.

The committee adopted an agriculture amendment that changed the kratom specification from a percent to a 10-milligram-per-dose standard (counsel and the senator from Jefferson said stakeholders had agreed to that change). After additional discussion, the committee adopted the amendment as described by counsel, voted to report House Bill 4265 to the full Senate with a recommendation to pass, and the motion carried on a voice vote.

The committee adjourned after completing its business.