According to the bill itself, Senate Bill 130, known as the Anti-Racism Act of 2023, prohibits teaching that one race is inherently, morally, or intellectually superior to another race, but nothing in the bill prohibits the discussion of those concepts in theory as part of an academic course.
The House Education Committee had a vigorous debate Monday on the anti-racism bill. This is the same bill that died in the final hours of the 2022 legislative session.
According to the bill itself, Senate Bill 130, known as the Anti-Racism Act of 2023, prohibits teaching that one race is inherently, morally, or intellectually superior to another race, but nothing in the bill prohibits the discussion of those concepts in theory as part of an academic course.
Supporters of the bill say it offers protection for teachers, students and parents. Those against the bill say it inhibits open discussion and creates a chilling effect for teachers.
Del. Patrick Lucas, R-Cabell, said he thinks the bill protects students, parents and teachers.
“It protects teachers, number one, from talking about it in a way that can cause things to get out of hand,” he said. “And it also keeps teachers who might want to push their ideals onto students from doing so, too.”
Del, Elliott Pritt, D-Fayette, voted no on the bill.
“I voted against this act because there are too many ambiguities and it leaves the door open for punitive actions against teachers with very little recourse for them to be able to defend themselves,” he said. “It’s not well defined, and that becomes a problem.”
The anti-racism bill passed the House Education Committee and now moves on to the House Judiciary Committee.
Representatives from the West Virginia Department of Health and Human Resources (DHHR) presented their budget to the Senate Finance Committee Monday amid a flurry of questioning from senators.
Representatives from the West Virginia Department of Health and Human Resources (DHHR) presented their budget to the Senate Finance Committee Monday amid a flurry of questioning from senators.
Interim Cabinet Secretary Dr. Jeffrey Coben, who has been in his position for seven weeks, began by speaking about his goals and priorities. They included improvements to benefit the department and the citizens of West Virginia. He aims to improve communications, transparency and accountability, not only within the DHHR, but with the legislative body, and external stakeholders.
“While I’m acting in an interim capacity, I’m not here to just be a placeholder, we need to take action to optimize the critical services that we provide to West Virginia’s most vulnerable populations,” Coben said. “And I’m committed to making decisions and moving forward with new initiatives.”
Coben said during his time working in other capacities throughout the state in the past 12 years, he has spent a lot of time working with the DHHR and agreed with the McChrystal Report findings regarding a lack of workforce.
“And I’ve always felt there’s been one common theme, good people who were working hard, but not enough of them. So when I read the McChrystal report, it didn’t surprise me at all that the biggest challenge identified in that report had to do with the workforce,” he said.
The DHHR reported their current overall vacancy rate at 24 percent, noting the COVID-19 pandemic put a strain on an already stretched system. However, the DHHR is a multi-billion dollar agency with myriad departments under its umbrella. There are many who want to see it reorganized.
Tara Buckner is a chief financial officer at the DHHR. She presented a $7,674,467,799 budget for fiscal year 2024, noting 75 percent of that is federal funding.
“That number increased significantly during the pandemic, primarily due to increased FMAP and programs such as Medicaid, foster care and adoption, lack of capacity grants and public health and child care funding in the Bureau for Family Assistance,” Buckner said. “The funding was to supplement and not supplant existing funding. And the enhanced funding was to be used to fund new or increased costs such as rate increases.”
Shuffling of persons and papers filled the committee room, with most appointees to the DHHR new to their positions, or filling in for others, many were left to consulting with one another or deferring to one another and other witnesses in attendance to answer senators’ questions.
In November 2022, the McChrystal Report was released, calling for overcoming funding obstacles, improving technology resources and answering pervasive workforce challenges.
The report recommended improving stalled, statewide health and human service outcomes calls for creating leadership teams, improving interdepartmental communications and seeking proactive input from the many bureaus that make up DHHR.
Coben said the hiring of a new chief operating officer as well as the appointment of two additional deputy secretary positions is most of the movement made toward accommodating the recommendations in the report.
“Beyond that, I haven’t seen specific movement with regards to the other recommendations in the report, which is, if I recall, had to do more with establishing a strategic work plan overall for the department, as well as some integration teams,” Coben said. “So I would say the costs are at this point, the costs are certainly not to the level that you’ve indicated. And I think, honestly, it’s been a little bit on pause, given this shift in leadership, as well as the changes that might occur as a result of the Senate bill and House Bill 2006.”
Both of those bills are moving through the process and aim to break the DHHR into three separate units. One for Health, one for programs like child protective services and a third for medical facilities like state-run hospitals.
Sen. Jason Barrett, R-Berkeley, asked Coben if he meant that the implementation of the report is on hold until after the legislative session.
“I’m not sure that I would say it’s on hold pending the completion of the legislative session. I think I’m trying to assess, you know, whether or not implementing it needs to be a phased approach right now, given the circumstances that we find ourselves in,” Coben said.
Sen. Rupie Phillips, R-Logan, asked Coben if he thought the DHHR is too big. In response, Coben said both organizational models are successful in other states and has no personal opinion on the matter.
“I come to this position without any predisposed notion as to whether or not the agency should be a singular agency or whether it should be divided into other parts,” Coben said. “I personally believe that this can work either way. I’ve seen it work in states where there’s a single department, I’ve seen it work in states where there are multiple departments. I’ve lived in both of those types of states and work with agencies under those different models.”
The House Judiciary Committee, along party lines, approved a bill that not only limits gender-affirming surgeries for anyone under 18, but also restricts hormone therapy and puberty blockers.
West Virginia lawmakers advanced an even more restrictive bill Monday on medical care for transgender youth.
The House Judiciary Committee, along party lines, approved a bill that not only limits gender-affirming surgeries for anyone under 18, but also restricts hormone therapy and puberty blockers.
That version of House Bill 2007 goes farther than the one considered earlier in the House Committee on Health and Human Resources and matches legislation introduced in other Republican-controlled states.
A public hearing will be held on HB 2007 on Thursday at 9 a.m.
Leading medical organizations, including the American Medical Association and the American Academy of Pediatrics, oppose such measures.
Only the House Judiciary Committee’s three Democrats opposed HB 2007 in its revised form. No expert witnesses were called to testify.
Gender-affirming surgeries are rare for minors, but hormone therapies and puberty blockers are commonly used.
HB 2007 has no exceptions for parents or doctors to make medical decisions for minors.
On this West Virginia Morning, the state’s jail system is stretched to a breaking point. Even with various programs, incentives and pay raises to encourage more West Virginians to serve as correctional officers, there are still severe vacancies.
On this West Virginia Morning, the state’s jail system is stretched to a breaking point. Even with various programs, incentives and pay raises to encourage more West Virginians to serve as correctional officers, there are still severe vacancies.
Legislative reporter Chris Schulz sat down with Sen. Mike Caputo, D-Marion, and Del. David Kelly, R-Tyler, on The Legislature Today to get their take on the situation and moves in the West Virginia Legislature to help fix it.
Also, in this show, West Virginia’s farms and forests were on display Monday at the Capitol. Government Reporter Randy Yohe has more.
West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.
Support for our news bureaus comes from West Virginia University, Concord University, and Shepherd University.
Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning
It was a busy day for the Senate as they passed a dozen bills, ranging from issues of schools to healthcare and substance use.
It was a busy day for the Senate as they passed a dozen bills, ranging from issues of schools to health care and substance use.
First up was Senate Bill 51, which would require an impact statement in certain instances of a school closing or consolidation. School closure and consolidation have been pervasive in the state as the population continues to decline. According to the 2020 Census, West Virginia lost 3.2 percent of its population since 2010.
Senate Bill 258, which would eliminate a $10,000 cap on rent-to-own agreements in the state, was the only bill that did not pass unanimously.
“Currently in the law, it says that there cannot be a rent-to-own contract related to consumer goods which has a cash value, fair market value of more than $10,000. This bill, if it passes, will remove that cap completely,” said Sen. Charles Trump, R-Morgan. “Consumers and rent to own businesses will be free to enter into whatever contract they like regardless of the amount of value consumer goods which is the subject of the contract.”
Sen. Mike Woelfel, D-Cabell, and Sen. Mike Caputo, D-Marion, both voted against the bill but did not provide comment on the floor.
Senate Bill 282 creates the West Virginia Guardian Program. The program would allow county boards of education to contract with honorably discharged law enforcement officers to provide public safety and/or security on public school grounds and buildings.
With all the federal money coming into the state, Senate Bill 439 aims to help one state department complete its projects more easily.
“This is a pretty uncomplicated, easy bill. All it does is streamline the process for the DEP to bid and award contracts.” said Sen. Randy Smith, R-Tucker. “With all the federal money coming in, they’re afraid they’re not gonna get all the bids out for mine reclamation and some other projects. The Department of Highways is already doing this and it’s working well for them.”
The Senate also passed:
Senate Bill 248, clarifying when excess funds accumulated by boards are to be transferred to General Revenue Fund
Senate Bill 270, adding exemption to permit requirement for cremation for research for institution arranging the final disposition of a decedent who donated his or her body to science
Senate Bill 271, modifying approval process requirements for First Responders Honor Board
Senate Bill 283, updating the language of the Military Incentive Program, which provides a tax credit to employers in the state for hiring certain members of a class of veterans, to include all veterans
Sen. Mike Azinger, R-Wood, addresses the Senate on Monday Jan. 30, 2023. Credit Will Price/WV Legislative Photography
One Senator, Four Bills
One-third of the bills in front of the Senate on third reading Monday were sponsored by Sen. Mike Azinger, R-Wood. He said the bill’s aim was to address a chronic issue in the state.
“Three of the four bills that were on third reading today, deal with the homeless/drug crisis that is especially affecting two or three counties, that being Wood County, Cabell County, maybe you can say Kanawha County, maybe one or two others,” Azinger said.
“In Wood County we have four percent of the population and 25 percent of the beds, and we could potentially have double that if Ohio Valley College is purchased by these folks that have these drug rehab places. These bills are trying to constrict. The issues that we have in Wood County with homeless camps, with crime, as you can imagine, break ins and burglary, it’s just off the charts.”
Senate Bill 239 would require the Commissioner of the Bureau for Behavioral Health to engage community stakeholders in a study of homeless demographic information throughout West Virginia, due by July 1, 2024. Azinger said better understanding the state’s unhoused population is important to ensure the best use of the state’s resources.
“The study is basically just to know where the homeless folks are in West Virginia, why they are migrating from one part of the state to the other and how many of these homeless people are from out of state,” he said.
“We’re getting tons of out-of-state people that come to West Virginia, to the drug rehab places, because we have a lot of beds in one county, Cabell, but also, because we have benefits. We give away, you know, all kinds of freebies, and the word gets out on the street, cross-country, ‘Hey go to West Virginia.’ And that’s what’s happening. We want to truncate that, staunch the bleeding, put a stop to it, and make it reasonable. We’re not kicking anybody out of beds, we don’t want to do that, we want people that want help to get help.”
Senate Bill 243 would require the institutions giving people that help with substance use issues to also provide transportation after treatment has ended. The mandate for transportation is broad-reaching, as the bill requires, “a means of transportation back to the individual’s state of birth, a state in which they have previously lived, or a state where they have a family support structure” be provided. Azinger said there is no funding for the requirement by design.
“Just send these folks back to where they have family, to a state that they’re from, or someplace where they have connections and relationships and a history there,” he said. “We’re just making the drug rehab places have some skin in the game. Let them pay the price back for the bus ticket. Parkersburg paid $24,000 in bus tickets last year. So that’s $24,000 that, in my opinion, the City of Parkersburg shouldn’t have to pay.”
He also stated that the requirement serves two purposes: getting those individuals fresh out of substance use treatment back to their support system, and out of West Virginia.
Azinger also sponsored Senate Bill 241, which shifts the responsibility of investigating and enforcing of, the Patient Brokering Act, as well as Senate Bill 251, which requires the display of the official U.S. motto, “In God We Trust” in all state schools.
“Our country was built on God,” Azinger said. “Our America was birthed by the Great Awakening, religious revivals in the early 1700s was the impetus, was a birthright of the American Revolution. That’s always how we have operated. So why did we take it out? What’s happened since we’ve taken it out? Well, a lot of bad things have happened since we’ve taken it out, so let’s start bringing God back into the schools.”
Completed Legislative Action
Two more bills passed through the legislative process and are now on their way to Gov. Jim Justice for his signature.
Senate Bill 143 is titled Relating to Adopt-A-Stream Program. The bill would establish an Adopt-a-Stream program to promote the cleaning of the state’s waterways, similar to the Adopt-a-Highway program.
Senate Bill 231 transfers administration of West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development.
Both bills originated in the Senate but were amended by the House and returned to the Senate for final approval.
On this episode of The Legislature Today, reporter Chris Schulz talks with Del. David Kelly, R-Tyler, and Sen. Mike Caputo, D-Marion, to get their take on the state’s jail challenges and how the West Virginia Legislature could help.
On this episode of The Legislature Today, reporter Chris Schulz talks with Del. David Kelly, R-Tyler, and Sen. Mike Caputo, D-Marion, to get their take on the state’s jail challenges and how the West Virginia Legislature could help.
Also, it was a busy day for the West Virginia Senate as they passed a dozen bills, ranging from issues about schools to health care and substance use.
Two more bills have passed through the legislative process and are now on their way to Gov. Jim Justice for his signature. Senate Bill 143 is titled Relating to Adopt-A-Stream Program, and Senate Bill 231 transfers administration of West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to the West Virginia Department of Economic Development.
Finally, West Virginia’s farms and forests were on display at the Capitol Monday. Randy Yohe discovered a new take on dairy farming and the possibility of expanding the state’s fledgling furniture manufacturing industry.
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