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 Moves To Close Adoption Loophole, Upholding Parental Rights

A bill passed by the West Virginia Senate on Friday would close a loophole in the state’s adoption process and uphold parental rights.

A loophole in West Virginia law allows prospective parents to adopt children whose biological parents still have custody claims. But a bill passed by the West Virginia Senate Friday aims to remove this discrepancy before wrongful adoptions occur.

West Virginia parents who lose custody of their children in a circuit court can appeal the decision in the Supreme Court.

However, as the law currently stands, prospective parents can adopt a child while their biological parents are still waiting on a response to their custody appeal.

So far, the state has discovered no instances of wrongful adoption in this manner. Senate Bill 318, which was passed unanimously on Friday, would ensure the custody appeal process has closed before the adoption process begins.

Sen. Charles Trump, R-Morgan, who sponsored the bill, said it would reduce risk for the state and West Virginia families.

Under this bill, adoptive parents must confirm “that the parental rights of one or more of the child’s birth parents have been terminated by final order,” he said. That means the loss of custody was “affirmed on appeal and the time for reconsideration of the decision on appeal has expired,” or that “the decision was not appealed and the time for filing an appeal of the order or orders terminating parental rights of the child’s birth parents has expired.”

“If the Supreme Court, upon review of one of these cases, said it was an error — that the circuit court made an error in terminating parental rights — and the children have already been adopted by another family, that would be a disaster,” he said on the Senate floor Friday.

The bill will now be sent to the House of Delegates for further deliberation.

Camping Ban In Wheeling And State Lawmakers Talk DHHR Restructuring, This West Virginia Morning

On this West Virginia Morning, a new camping ban went into effect in Wheeling this month. But as Chris Schulz reports, advocates for the unhoused community are pushing back. 

On this West Virginia Morning, a new camping ban went into effect in Wheeling this month. But as Chris Schulz reports, advocates for the unhoused community are pushing back. 

Also, in this show, in our latest episode of The Legislature Today, Emily Rice sat down with Del. Amy Summers, R-Taylor, and Sen. Charles Trump, R-Morgan, to discuss why the Department of Health and Human Resources (DHHR) was broken up into three separate agencies and how it is going.

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

W.Va. House Chamber Renovations Stir Memories

West Virginia’s House of Delegates chamber has turned from a historic room of legislative decision making, to a renovation worksite, where the decisions being made are about paint swatches and desk stains. 

West Virginia’s House of Delegates chamber has turned from a historic room of legislative decision making, to a renovation worksite, where the decisions being made are about paint swatches and desk stains. 

The sound one often hears from a busy House chamber comes with a call for a vote followed by  the familiar signal of a ding. But after the recent special session – came the renovation session. Now, it’s not a statement and ding, but the pound and ring of hammer and nail. Designed by legendary capitol architect Cass Gilbert and first opened for debate in 1932, the House chamber has not had a full renovation since 1995, until now. 

House Clerk Steve Harrison said this $2.3 million facelift will freshen peeling chamber walls and give delegates something new to tread upon. 

We’re doing new carpet,” Harrison said. “It will still be predominantly red, but it will have a pattern in it which we think will wear better and show less dirt. We are painting, we are refinishing the desks, those are the main items. We are also getting new chairs for the delegates.”

Harrison said the renovation also highlights the long continued tweaking of a never quite acoustically right chamber sound system.

“We would get complaints from delegates,” Harrison said. “I think sometimes certain parts of the room would be a challenge, just certain areas that were easier to hear than others we have through the years. The sound has been a challenge through the years.”

The last House chamber renovation 28 years ago was a few years into the seven term delegate tenure of now Sen. Charlie Trump, R-Morgan. Trump said that renovation led to the eventual elimination of some House chamber relics and practices.

The chamber featured brass spittoons on the aisles,” Trump said. “And, the members smoked. Most often they went to the back to that vestibule where you enter the House chamber from the rotunda main hall.”

Furniture finisher Brian Richards is hand sanding all 100 of the near 100 year old delegate desks. Richards said it’s challenging to match the stains and hide the blemishes.

Brian Richards refinishes one of 100 delegate desks.

Credit: Randy Yohe/West Virginia Public Broadcasting

“You can tell they’ve been beat up and scratched,” Richards said.

“Maybe with some legislators banging on them a bit?” reporter Randy Yohe asked.

Richards replied with a laugh, “Yeah, it looks like that on some of them.”

Trump said he was nostalgic thinking about the now 100 desks and delegates in the House chamber compared to just 34 in the senate.

“I loved my service in the House of Delegates, I absolutely did,” Trump said. “It was, and still is, sometimes like the wild west, but in a good way.” 

Harrison rephrased that ‘wild west’ concept with a more temperate term.

“It’s very lively because of the number of members and the different personalities you have,” Harrison said. “In the House, you get such a variety of positions, opinions, personalities. They’re in a little closer quarters than they are in the Senate because the chambers are approximately the same size and we have 100 desks in ours, and they just have 34 so it is a little more crowded on our side.”

Harrison anticipates the House renovations will be completed by Dec. 1.

Senators Look Both Ways On Legislative Activity

With the sixty-day legislative session over, legislators and West Virginians have a chance to reflect on what was accomplished and look forward to what still needs to be done for the state. 

With the sixty-day legislative session over, legislators and West Virginians have a chance to reflect on what was accomplished and look forward to what still needs to be done for the state. 

Senate President Craig Blair, R-Berkeley, took a break from his duties just before midnight Saturday night to say the accomplishments of the 2023 Legislature rank among the best he’s ever seen.

“I’ve been doing this since 2003. And I believe that this was the best session that we’ve had in this state,” he said. “Since I’ve been here, and maybe since I’ve been alive, never before have we been able to give a tax reduction, been able to grow our state, our economy, and do the things that the people of West Virginia want and need. We did work on education. There’s a whole host of things that we got across the finish line. I’ll still be trying to figure out everything that we got passed tomorrow.”

The legislature passed a tax cut plan that includes a 21.25 percent reduction in personal income taxes, with a mechanism to further reduce personal income taxes in the coming years. Retroactive to Jan. 1, 2023, the tax reduction package, including a rebate on personal property and small business inventory taxes, represents a $754 million cut in taxes.

Even with so much activity, and especially in the final week, Blair acknowledges that there is always more to be done.

”There’s always things that are left undone, and I can’t tell you what those are right now,” Blair said. “(There’s) still more things to do for education, there’s more things to do to make it so that businesses want to locate here, but to a greater degree. We keep getting better and better by what we’re doing. More than anything. It’s the efficiencies of the Senate.” 

Blair said that since Republicans have taken control of the Senate, there has been a daily meeting held each morning at 7:30 a.m. for party members to caucus and discuss pending issues. He also pointed to ending what he called “Senate time,” instead opting to start meetings and floor sessions on time.

“You have to admit, people thought that it’s going to be a hard time with 31 Republicans, that they’d be fighting with each other,” Blair said. “With the exception of yesterday’s outburst by one of my members, they operate as a team, as a unit, what’s good for the people of West Virginia. And I’m proud of them all.”

Blair is referring to an incident Friday morning where Sen. Robert Karnes, R-Randolph, was removed from the Senate floor after repeated outbursts claiming violations of Constitutional rules.

A Democrat’s Perspective

Sen. Mike Caputo, D-Marion, said the Republican supermajority is concerning. 

“When bills are running that I believe will harm workers, I’m going to speak up. When I believe bills are being run that would harm people who maybe don’t look like us or love like us, I’m going to speak up, somebody’s gotta be that voice down here,” he said. “It can’t be one sided. These huge majorities, in my opinion, is just not good for government. There needs to be more of a balance, but that’s up to the voters, I don’t have any control over that.” 

Caputo is one of three Democrats in the Senate this year and on the House of Delegates side, there are only 12 Democrats. 

“As long as the people have sent me down here, I have not changed my ways, and I’ve been here 27 years,” Caputo said. “I just gotta assume that the people that sent me here want me to continue advocating for what I’ve done since day one, and I’m going to continue to do that as long as either I decide to run or until the people back home decide it’s time for a new voice.”

He acknowledged that being part of the “superminority” has limited his ability to impact legislation, but he still did what he could to help his constituents.  

“You try to do the best you can with what you have and try to put forth amendments that you think the committee would support,” Caputo said. “I got to say, Chairman Charlie Trump has been more than gracious to me. We’ve had a long-time relationship, friendship. I can just be the voice for the people to send me down here and do the best I can.” 

Protecting Children

Senate Judiciary Committee Chair Sen. Charles Trump, R-Morgan, highlighted the constitutionally required judicial redistricting as one of the most important achievements of the session. He also highlighted an issue that will require the continued attention of the legislature, but one he hopes will improve thanks to laws passed in the 60 days.

“There are always things that need to be done. One of the things that we’ve been working hard on, I’ve been working hard on, is trying to address the Child Protective Services crisis in our Eastern Panhandle,” Trump said. “We just don’t have caseworkers, and calls and referrals to the hotline about abused and neglected children are not being investigated. We’ve got to solve that.”

Trump was the lead sponsor of a bill that reallocates the state’s child protective workers based on county population and caseload and spoke in favor of a bill updating the authority of the Foster Care Ombudsman.

“We got a number of bills, plus some extra appropriations across the finish line this year, that I’m really hoping and praying are going to help solve that problem,” he said. “I’m hoping that some of the measures we passed will help to do that, so that we can get people that can go out and knock on a door and lay eyes on a child to see if you know the child is indeed being subjected to abuse or neglect.”

Key Education Bill Comes Down To The Final Bell

Senate Education Committee Chair Sen. Amy Grady, R-Mason, also had her focus set this session on helping children. The Third Grade Success Act, a key piece of legislation that will put money and resources behind improving early childhood literacy in schools, came down to the wire Saturday night. 

“We’re waiting for the message, I just saw a runner go by. I hope that that was the message they were carrying so we can look at it and hopefully concur. That’s the plan,” Grady said around 10 p.m. Saturday. “I guess we want to go out on this session with a bang, with the most important piece of legislation that I feel this session.”

The Third Grade Success Act passed just before the Senate adjourned for the year. Grady, who is also a teacher, said she was excited to get back to her classroom this week, but she also acknowledged more needs to be done for her fellow teachers.

“The pay raise, it does help a little bit. But I wish we would have gotten some more things across the finish line that dealt with their personal leave days,” Grady said. “That would keep teachers in the classroom. We’re mentally burnt out, we’re emotionally burnt out, we’re really exhausted physically from everything that we’re doing. So it’s easy to take a day for yourself if those days don’t really matter in the end anyway. That was a goal that I wanted to accomplish, and so we’re gonna try again next year.”

The work of the legislature never truly ends, and interim sessions are likely to be announced for the coming months soon.

Senate Passes Amended House Budget, Expects Easy Approval

The Senate passed the House of Delegates’ budget bill Thursday evening. 

With the Senate’s passing of House Bill 2024, the legislature is one step closer to having a budget bill, the one constitutional mandate the lawmaking body has in its annual session.

With the Senate’s passing of House Bill 2024, the legislature is one step closer to having a budget bill, the one constitutional mandate the lawmaking body has in its annual session. 

The Senate previously passed its own budget bill, Senate Bill 150, on Feb. 25. 

Before passing the bill, the Senate approved a strike and insert amendment to House Bill 2024 aimed at bringing the two chambers’ budget proposals in line with each other.

One of the changes between the two bills is an increase in appropriations of more than $500 million from the general revenue fund, for a total appropriation exceeding $20.5 billion.

In response to a question from Sen. Charles Trump, R-Morgan, Senate Finance Chair Sen. Eric Tarr, R-Putnam, said he was confident this version would soon be on the governor’s desk.

“I think I’ve heard the answer to this question around the building, but this is agreed to now completely?” Trump asked. “In other words, it’s a House bill, I guess it has to go back there, but are we to understand that you’ve managed to convince them that they should accept what the Senate’s work product is?”

“That is very accurate,” Tarr replied. “I fully expect that as we pass this over. It’s gonna go right through there into the governor’s office.”

Trump concluded his statement by commending his colleagues in the Finance Committee for their work on the budget.

“We should not fail to note this is the fifth consecutive year when we will complete work on a budget within the 60-day regular session,” Trump said. 

Historically, the legislature has reconvened in special session after the conclusion of the regular session to complete a budget. In 2016, the legislature narrowly approved the state’s 2017 fiscal year budget in June.

House Bill 2024 now returns to the House of Delegates for its approval.

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