Baby Olivia Video Bill Passes Despite Bipartisan Pushback

Senate Bill 468 requires that public schools show a four minute video on human development to eighth graders and eleventh graders. An amendment to the bill includes language that life begins at conception.

The Senate passed a bill that would require public schools to show a video on the early stages of human development. 

Senate Bill 468 is known as the Baby Olivia bill. It requires that public schools show a four minute video on human development to eighth graders and eleventh graders. 

The bill had support across party lines. Then controversy surrounded the bill Monday evening when Sen. Amy Grady, R-Mason, offered an amendment.

Grady’s amendment added language that life begins at conception.

Sen. Charles Trump, R-Morgan, opposed the amendment because he said it could violate the establishment clause of the U.S. Constitution. 

“Even though I agree with that,” Trump said, “I think it is an imposition of what is fundamentally a religious or spiritual belief. I don’t think it is a matter of proven or established science.”

The amendment barely made it out of the chamber, passing 18-15.  

Sen. Tom Takubo, R-Kanawha, and a practicing doctor, said he was not going to vote for the bill because there is information in the video that is not medically accurate. 

“The problem I have with it is there are inaccuracies in the video overall,” Takubo said. 

He said that the bill that came out of the Rules Committee included compromises. 

“One of the changes we made in the Rules Committee was to say that whatever video we teach your children, it has to be scientifically accurate. That was removed with the amendment yesterday,” Takubo said.  

Senate President Craig Blair, R-Berkeley, stepped down from the dais to speak on the bill, a rare move. He said though he did vote against the amendment he would still vote for the bill. 

“The world changes around us and I’m certain that the world’s going to change in the future,” Blair said. “The way the bill was constructed, until the amendment, allowed that flexibility. But we come back every year, this isn’t a big deal. I’m going to vote proudly for this.” 

Tuesday, the bill was approved by the full Senate and heads to the House.

Senate Education Chair Weighs In On Bills To Address Educational Problems In W.Va.

On this episode of The Legislature Today, from staffing to security, West Virginia’s schools are facing a variety of issues. Bills introduced this year have ranged from associate degrees for vocational students to reducing barriers to teacher certification. Chris Schulz spoke with Senate Education Chair Sen. Amy Grady, R-Mason, about legislative action to address the state’s educational problems.

On this episode of The Legislature Today, from staffing to security, West Virginia’s schools are facing a variety of issues. Bills introduced this year have ranged from associate degrees for vocational students to reducing barriers to teacher certification. Chris Schulz spoke with Senate Education Chair Sen. Amy Grady, R-Mason, about legislative action to address the state’s educational problems.

In the House, lawmakers considered bills on third reading that included cutting the Social Security tax, getting broadband fiber optic cable on poles, and making it easier to visit certain gravesites. Randy Yohe has the story.

In the Senate, the chamber looked at bills on missing children, SNAP benefits, and Oil and Gas property taxes. Briana Heaney has more.

Also, the House Education Committee moved to address a critical shortage of special education staff, while the Senate Education Committee took a rarely seen action in their meeting. Chris Schulz has the story.

Finally, war hero Hershel “Woody” Williams was honored at the U.S. Capitol following his death. Now, a statue of him could be on permanent display there. Curtis Tate has more.

And, scientific and social research has to start somewhere. On Undergraduate Research Day at the Capitol you can learn how theory and hypothesis develop into pragmatic information meant to help people. 

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Senate Passes Bill Making AI Generated Pornography A Felony

The use of photos to create deep fakes of sexually explicit content is becoming a trend among child predators. Photos of children can be plugged into AI to create child pornography. 

In February, pop superstar Taylor Swift became the target of artificially generated sexually explicit photos using Artificial Intelligence. AI creators used photos and videos of Swift to create a sexually explicit deep fake. 

The use of photos to create deep fakes of sexually explicit content is becoming a trend among child predators. Photos of children can be plugged into AI to create child pornography. 

Senate Bill 740 prohibits digital manipulation of sexually explicit content that includes minors. 

Sen. Patricia Rucker, R-Jefferson, is one of the sponsors of the bill. She said just two days ago she received an email from a constituent whose 14-year-old son had been superimposed using AI onto the body of a naked person. The creators were trying to extort money out of the victim and his family. 

“Thankfully he went straight to his parents and they called the police,” Rucker said. “Just so you know, the police told them we don’t know what we can do about this.”

AI depictions of child sexual exploitation and abuse are on the rise. 

Senate Bill 741 prohibits the creation, production, distribution, or possession of artificially generated child pornography. Sen. Charles Trump, R-Morgan, sponsored and introduced the bill. 

“This bill makes clear that if you do it through the use of artificial intelligence, and generate images, then it’s going to be subjected to felony penalties under West Virginia law,” Trump said. 

Both bills passed unanimously and now head to the House for consideration. 

Senate Takes On School Discipline, Other Bills

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Sen. Amy Grady, R-Mason, is the lead sponsor of this bill and a school teacher herself. She said the bill is to help address the teacher shortage in the state. 

“One of the major issues that we are seeing is that teachers are leaving the profession in droves,” Grady said.  

She said the number one reason they are leaving is teachers don’t feel they are given the authority in addressing disturbances in the classroom. 

“We’re seeing violent and threatening behaviors in students as young as kindergarten that we’ve never seen before. How will this address it? This helps give the teacher a voice,” Grady said.  

She said that often an administrator will remove the child from the class, and then put them right back. 

“This gives teachers more of a voice to say, I feel unsafe, this child is being violent, my other students are unsafe, and they need to be removed from the classroom for today,” Grady said.  

However, some opponents of the bill, like state school board members and the Kanawha County Schools General Counsel, say that this bill takes students out of the best environment for them – the learning environment – where they are surrounded by people trained to help children. 

Others like Sen. Mike Woeflel, D-Cabell, questioned why this bill is not accompanied with funding or other initiatives to help children who are being disruptive in the classroom. 

“If you have a child that’s misbehaving to this point,” Woeflel said. “He or she has other issues that are giving rise to this behavior and needs resources to address those issues. So it seems to me there would be funding here for counseling or intervention within the family or there’s no funding that goes to implement this bill.” 

There is a shortage of school counselors in the state. Currently, there are 306 students for every one counselor in West Virginia public school systems. 

Senate Bill 378

Another notable bill before the full Senate was Senate Bill 378, which would fine anyone smoking in the car in the presence of someone under the age of 16. 

Lead sponsor of the bill, Sen. Tom Takubo, R-Kanawha, and a pulmonologist, said he has received letters in support of the bill. He read excerpts from a letter on the Senate floor from a man in Mingo County whose parents smoked in the car with him. 

“He too, grew up in a car full of that heavy smoke,” Takubo said. “It made him so short of breath, so constricted, that it made him cough to the point of vomiting, amongst other things. Then [he] went on to say his brother died of lung cancer. Another sister with brain cancer died of emphysema.”

The bill states the fine for smoking in the car with a minor would be $25. 

He said the bill will double as a public service announcement to parents so they rethink smoking in the car with their children present.  

However, Mike Azinger, R-Wood, said this is a violation of parental rights.  

“Parents make this decision over their children, in their vehicle,” Azinger said. “This is where the state has no business going. So I would urge a no vote.”

The bill passed with 25 – 8. . 

Senate Bill 590

Currently a city, county, or municipality could set a minimum wage higher than the state minimum wage of $8.75. A bill passed by the Senate Monday seeks to change that. 

Sen. Charles Trump, R-Morgan, voted for the bill. He said because there are currently no municipalities in the state that have their own minimum wage, this is a preventative measure. He said the bill protects both business and low income earners. 

“If you have a state minimum wage, and some municipality says, ‘nope, the minimum wage here is twice that’,” Trump said. “It hurts the people in that municipality, because jobs go away. It eliminates jobs. And that’s what we want to prevent, make sure nothing like that ever happens.” 

Senate Passes Intelligent Design Bill For Public Classrooms

In 2005 a U.S District Court ruled that it was unconstitutional to teach intelligent design as an alternative to evolution in public classrooms. A  bill passed by the state Senate Tuesday challenges that ruling. 

In 2005 a U.S District Court ruled that it was unconstitutional to teach intelligent design as an alternative to evolution in public classrooms. A bill passed by the state Senate Tuesday challenges that ruling. 

Senate Bill 280 allows teachers to discuss one or more theories about the origins of life on earth, including theories that life was created and designed by a higher power. Sen. Amy Grady, R-Mason, and the bill’s author, says the bill allows teachers to answer questions that widely accepted scientific theories can’t answer. 

“We do not want to discourage students from asking questions about theories,” Grady said. “The definition for theory is that there is some data that proves something to be true, but it doesn’t have to be proven entirely true. Even with Darwin’s theory of evolution, there are scientists who doubt that, based on evidence of fossils.”

However, Sen. Mike Woelfel, D-Cabell, says it is a clear violation of the U.S. Constitution, specifically the establishment clause that separates church and state. 

“There is plenty of case law out there from Republican judges,” Woelfel said. “The Kitzmiller case jumps out at me, that intelligent design has been struck as impermissible to be taught in public schools. Because of the creative, the prime being, the god, the supernatural, creationism is outside the realm of established scientific theories.”

If it becomes law, West Virginia would be the first state to permit intelligent design theory in public classrooms since it was barred as unconstitutional by the U.S. District Court. If the case were brought to a higher court, the litigation could cost taxpayers. 

Recap Of Oil And Gas Association’s Winter Meeting And Lawmakers Talk Education, This West Virginia Morning

On this West Virginia Morning, the Oil and Gas Association of West Virginia held its winter meeting in Charleston last week. And, Senate Education Chair Sen. Amy Grady, R-Mason, and teacher Del. Jeff Stephens, R-Marshall, discuss education legislation.

On this West Virginia Morning, the Oil and Gas Association of West Virginia held its winter meeting in Charleston last week. Curtis Tate stopped by and brought us this story.

Also, in this show, dozens, if not hundreds, of bills have been introduced in the West Virginia Legislature this year that involve education. Randy Yohe spoke with Senate Education Chair Sen. Amy Grady, R-Mason, and teacher Del. Jeff Stephens, R-Marshall, about what some of those bills mean for public education in West Virginia.

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 Shepherd University.

Eric Douglas produced this episode.

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

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