Justice Signs Several Bills Into Law At Deadline

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law.

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law. The governor has 15 days to either sign a bill or veto it after the end of the session. The governor also can allow a bill to become law without his signature.

Justice signed House Bill 2007, restricting medical options available to youths going through gender dysphoria. The law bans gender-affirming care, including medications, to anyone under the age of 18 in most circumstances. Under the bill, some young people with severe gender dysphoria may be able to access hormone therapy if the diagnosis is confirmed by two doctors, including a mental health care provider, and if the minor has parental consent. The bill will go into effect on January 1, 2024.

Planned Parenthood South Atlantic provides gender-affirming hormone therapy in West Virginia. Representatives say gender affirming care improves health outcomes for patients who are transgender or nonbinary. 

“I cannot count the number of patients that we have seen who had seriously contemplated or even attempted suicide in the past who now tell us they are so much happier after starting gender-affirming hormone therapy,” Planned Parenthood South Atlantic clinician Carrie Lett said. “Although some young people may still be able to get the care they need, this law still amounts to the government putting politics over people’s lives and interfering with medical best practices.” 

Justice said he struggled with House Bill 2820, allowing Hope Scholarship recipients to participate on public school teams unless the sport is already offered at their school.

An amendment to the bill allows student-athletes to transfer schools at least one time and keep their athletic eligibility. He let the bill become law without his signature.

“I fully support the ability of our HOPE scholarship recipients, students in microschools or learning pods, homeschooled students, or our private school students to participate in extracurricular activities at their school or at their local public school,” Justice said. “However, allowing student athletes to transfer to any school whatsoever with no purpose other than jumping to a better athletic team will do nothing but make a few teams better at the expense of all the others.”

Justice  signed House Bill 3018, the so-called “child marriage bill.” The new law removes the possibility that anyone younger than 16 could marry. Those aged 16 and 17 would have to obtain parental consent and they couldn’t marry someone more than four years older than them.

Among other bills signed; House Bill 3135, raises the salaries of the Governor and Constitutional officers beginning in 2025, House Bill 2310, changing West Virginia vehicle inspections to every two years, Senate Bill 613, creating certificate of need exemptions for hospitals and physician groups and House Bill 2436 creating an acuity-based patient classification system meant to help address nursing staff needs.

Three hundred and thirty-three bills passed during the 2023 60-day legislative session that ended March 11.

Alzheimer’s Awareness Day Recognized By State Officials

Thursday is Alzheimer's Awareness Day in West Virginia. More than six million Americans are affected by the cognitive disease, including around 40,000 West Virginians. Less than half of those with the disease are formally diagnosed.

Thursday is Alzheimer’s Awareness Day in West Virginia. More than six million Americans are affected by the cognitive disease, including around 40,000 West Virginians. Less than half of those with the disease are formally diagnosed.

Executive Director of the Alzheimer’s Association’s West Virginia chapter Sharon Covert said with so many suffering from Alzheimer’s under the care of family or friends, it’s important for caregivers to meet them where they are and that each person makes progress differently.

“Trying to make them remember something that they do not remember, it’s like talking to someone having a heart attack and saying, ‘If you would just control your heart muscle, you could really stop that heart attack, and you’re just not trying hard enough,’” Covert said.

Covert said as West Virginia has one of the oldest populations in the country, much of the state population is at risk.

“There’s a lot of factors that add to it. You have to think about your health on the whole, if it’s good for the heart, it’s good for the brain. And you know, we have high instances of heart disease, high blood pressure. Just those contributing factors,” Covert said. “This contributes to all chronic illnesses, and they do their factor when talking about dementia later in life too.”

For the state government’s part, it passed bipartisan legislation during last year’s session that would require law enforcement and corrections officers to undergo training on how to deal with those suffering from Alzheimer’s. As a result, education programs have been rolled out both at the state’s police academy and online.

“We provide it for free. All of our training and resources are absolutely, 100 percent free, so they don’t cost the taxpayers anything, they don’t cost local police department’s anything. And I’m just really proud of that, because I think that this is an opportunity,” Covert said. “It can’t be something that is an encumbrance on local police departments.”

The state capitol building will be illuminated in a teal color Thursday night in recognition of the day, joining 800 other buildings worldwide in an initiative led by the Alzheimer’s Foundation of America. Gov. Jim Justice also issued a proclamation Wednesday, recognizing the event statewide.

“Alzheimer’s is something that is racing across this land, and it’s been terrible in many, many ways for lots and lots and lots of folks,” Justice said during Wednesday’s COVID-19 briefing as he announced the proclamation.

Information and resources can be found at the Alzheimer’s Association’s website.

A 24/7 helpline can also be called at 800-272-3900.

W.Va. Abortion And Disabilities Act Takes Effect

Titled “The Unborn Child With Down Syndrome Protection and Education Act,” the law prohibits licensed medical professionals from performing abortions if the fetus has a disability, unless there is a medical emergency or there is a non-medically viable fetus.

A new West Virginia law regarding abortion and disabilities went into effect Friday.

Titled “The Unborn Child With Down Syndrome Protection and Education Act,” the law prohibits licensed medical professionals from performing abortions if the fetus has a disability, unless there is a medical emergency or there is a non-medically viable fetus.

Del. Kayla Kessinger, R-Fayette, said the law is about protecting the sanctity of an unborn life.

“Sadly, we live in a society where a lot of times life is viewed as disposable, especially when something like a prenatal diagnosis occurs during a pregnancy,” Kessinger said. “A lot of times there’s a push by the medical community that abortion is the compassionate approach. But I don’t believe that’s the case.”

Though Down syndrome is in the title, the law applies more broadly to other disabilities.

Katie Quinonez is the Executive Director of the Women’s Health Center of West Virginia, the state’s only remaining abortion provider. Quinonez said the law will create a stressful relationship between medical providers and patients.

“It’s allowing politicians to directly interfere with the clinician-patient relationship,” Quinonez said. “Patients should be able to be completely honest and open with their doctors. And now they’re going to be forced to potentially withhold information from the people providing them with healthcare in order to get the procedure that they need.”

Quinonez said the politically motivated law denies a woman her bodily autonomy.

“This bill has nothing to do with protecting people with disabilities, including Down syndrome. This bill has everything to do with stopping people from getting abortions,” Quinonez said. “Politicians have now stooped to a new low by exploiting people with disabilities, for the simple purpose of promoting their forced birth agenda.”

Kessinger said an unborn life that can not make decisions for itself also needs protection.

“It’s my position that any moral society would deem that it is incumbent upon us to be a voice for the voiceless,” Kessinger said. “We must be an advocate for those who can’t advocate for themselves.”

The bill requires physicians to provide information to women with a prenatal diagnosis of Down syndrome and the effects it could potentially have.

Quinonez pointed out that this law goes into effect as the Supreme Court is poised to overturn Roe v. Wade in the Mississippi case of Dobbs v. Jackson Women’s Health Organization. West Virginia currently has a pre-Roe abortion ban in its state criminal code. If the Supreme Court overturns Roe, abortion could be completely outlawed in West Virginia. A decision is expected as soon as this month.

Democrats Renew Call For Gas Tax Holiday

West Virginia Democrats responded to Justice’s statement from Monday that he’s considering a one-month gas tax holiday. He said he was also considering calling a special session next week.

Democrats are urging Gov. Jim Justice to expedite a gas tax holiday.

West Virginia Democrats responded to Justice’s statement from Monday that he’s considering a one-month gas tax holiday. He said he was also considering calling a special session next week.

Justice said the gas tax suspension could help West Virginia families with summer travel.

“They are thinking about going on vacations and things like that,” Justice said. “If there’s a way to help a little bit and take a one-month holiday, I don’t think it would be detrimental to us.”

Justice had expressed concerns that funding a gas tax holiday would cut into state road bond funding. He said on Monday that federal dollars and a $300 million state surplus may allow the gas tax pause.

Senate Minority Leader Stephen Baldwin, D-Greenbrier, said that Democrats proposed the gas tax holiday back in April.

He and other Democrats pointed out the gas struggles of low income West Virginians. They noted that some neighboring states like Maryland have implemented a gas tax holiday.

Baldwin and other Democrats repeated state tourism concerns. They believe with high gas prices, many might not drive to state parks or take part in gas-consuming adventures on the Hatfield-McCoy ATV trail.

“Tourism is big in the state right now, and we want to keep it that way,” Baldwin said. “If gas prices are higher here, that’s going to impact that. If gas prices are lower here than in surrounding states, then more people are going to be more likely to come to West Virginia.”

Democrats said another option would be a rebate for registered motorists and motor? carriers. It’s estimated that 600,000 West Virginia drivers getting a $50 rebate would cost the state $30 million per month. A $100 rebate would cost $60 million a month.

The Democrats preferred plan is starting with a one-month gas tax holiday, and leaving options open to extend it month by month.

According to AAA, a gallon of regular gas averaged $4.73 in West Virginia on Tuesday, up from $2.99 a year ago.

All Senate and House Democrats back the gas tax holiday. No word from any Republicans, except Justice.

Senate President Craig Blair, R-Berkeley, and House Speaker Roger Hanshaw, R-Clay, stand by their joint March statement on the issue.

They said then they support tax reductions, but a multitude of legal and finincial reasons exist to not suspend the gas tax.

They said a 30 day suspension of the 35.7 cent a gallon tax offered no guarantee retailers would lower prices by the same amount. And, they said a gas tax cut could put bond funding for the Roads to Prosperity projects at risk.

Justice hinted he would have details on a possible gas tax holiday and special session in his COVID-19 briefing scheduled for Wednesday

Justice Considering Gas Tax Holiday

Gov. Jim Justice is reconsidering a gas tax holiday to help relieve West Virginia drivers from pain at the pump.

Gov. Jim Justice is reconsidering a gas tax holiday to help relieve West Virginia drivers from pain at the pump.

During his Monday COVID-19 briefing, Justice said he would announce this week the possibility of calling a special legislative session to coincide with next week’s House and Senate interim committee meetings.

Justice also said he’s considering proposing a one month gas tax holiday to help West Virginia families with summer travel.

“Thinking about going on vacations and things like that, if there’s a way to help a little bit for maybe one month and take a one month holiday, I don’t think it would be detrimental to us,” Justice said.

A joint Democrat legislative caucus proposed a month long gas tax more than two months ago. At that time, the governor worried about depleting tax monies for state road projects. Now, he says state surplus funds will help offer some gas pump relief.

“I think we will be able to give a little back,” Justice said. “Without it really hurting the bottom line because we want to continue to repair our roads.“

Suspending the state gas tax could save most drivers 35.7 cents a gallon.

The governor also said he may announce on Wednesday how hundreds of millions of dollars in American Rescue Plan and state surplus funds will be allocated.

W.Va. Special Session Will Extend At Least One Day

Day one of the legislative special session saw some bills passed, others still under consideration

Day one of the legislative special session saw some bills passed, others still under consideration.

Gov. Jim Justice added one more last minute item to his special session call on 16 various issues. House Bill 217 allocates $250 million from the Coronavirus Recovery Fund to be used by local governments, state agencies and nonprofits for infrastructure upgrades. This completed legislation is effective from passage.

Other completed legislation includes:

– House Bill 210, allowing hunting with an air rifle during small and big game hunting season

– House Bill 214, removing some prescriptive limitations on physicians assistants and registered nurses

– House Bill 215, establishing a military expenditure fund that expands eligibility of an active-duty service member’s child or spouse for certain benefits.

– Senate Bill 205, authorizes the Commissioner of WorkForce West Virginia to create an Unemployment Compensation Insurance Fraud Unit. The bill establishes duties, training and experience requirements, and authorities needed for investigations.

Still under consideration is a bill that establishes an economic development fund to provide more than half a billion dollars for development and transportation projects.

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