Senate Bill Would Require Public Venues To Display Closed Captions On Televisions

A bill introduced to the West Virginia Senate would require that public venues display closed captioning on their televisions. The bill was referred to the Senate Government Organization Committee for review.

A bill proposed in the West Virginia Senate would make public spaces more accessible for people with hearing loss.

Sen. Mike Caputo, D-Marion, proposed Senate Bill 251 earlier this month, which would require public venues to display closed captioning on their televisions.

The bill includes exceptions for televisions without a closed captioning function. Likewise, venues with several televisions on display would only have to display closed captioning on half of their screens.

Ultimately, the bill stipulates that places of public accommodation should make a “reasonable effort” to preemptively provide closed captioning on televisions, without placing the onus on patrons to request such services themselves.

The bill is under consideration by the Senate Government Organization Committee, which on Tuesday created a subcommittee to review and develop the bill further.

WVPB’s ‘The Legislature Today’ Kicks Off And Chuck Prophet Has Our Song Of The Week, This West Virginia Morning

On this West Virginia Morning, Gov. Jim Justice delivered his State of the State address Wednesday evening and gave his 2025 budget proposal. In our first episode of The Legislature Today, our daily news show that covers the West Virginia Legislature, Statehouse Reporter Randy Yohe spoke with Sen. Mike Caputo, D-Marion, and House Minority Leader Sean Hornbuckle, D-Cabell, to get their response.

On this West Virginia Morning, Gov. Jim Justice delivered his State of the State address Wednesday evening and gave his 2025 budget proposal. In our first episode of The Legislature Today, our daily news show that covers the West Virginia Legislature, Statehouse Reporter Randy Yohe spoke with Sen. Mike Caputo, D-Marion, and House Minority Leader Sean Hornbuckle, D-Cabell, to get their response.

Also, in this show, our Mountain Stage Song of the Week is “Willie Mays Is Up At Bat,” which comes from Chuck Prophet’s undeniably catchy 2012 album Temple Beautiful. This performance also marked Prophet’s tenth appearance on the show. To celebrate this momentous occasion, like all of our “tenth timers,” Prophet was awarded an official Mountain Stage jacket with “Chuck” stitched across the front pocket.

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.

Our Appalachia Health News project is made possible with support from CAMC and Marshall Health.

West Virginia Morning is produced with help from Bill Lynch, Briana Heaney, Caroline MacGregor, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Liz McCormick, and Randy Yohe.

Eric Douglas is our news director and was our producer this week.

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

Minority Leaders Share Thoughts On Justice’s Final State Of The State

On this episode of The Legislature Today, the 2024 West Virginia Legislative session has kicked off. Chris Schulz brings us an overview of Gov. Jim Justice’s State of the State address, and Randy Yohe brings us the minority response. Yohe speaks with Minority Leader Del. Sean Hornbuckle, D-Cabell, and Sen. Mike Caputo, D-Marion.

On this episode of The Legislature Today, the 2024 West Virginia Legislative session has kicked off. Chris Schulz brings us an overview of Gov. Jim Justice’s State of the State address, and Randy Yohe brings us the minority response. Yohe speaks with Minority Leader Del. Sean Hornbuckle, D-Cabell, and Sen. Mike Caputo, D-Marion.

Also, we recap the action from the first two days. Between the two chambers, there were nearly 1,000 bills introduced. Briana Heaney gives us an overview of Senate action.

We also hear about nine delegates who left the House since last session along with honors for a long-time staff member who passed away recently, and the legislature recognized the longest serving woman and Republican in the Senate.

And, Curtis Tate tells us about a report presented to both chambers on the economic outlook for the state.

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.

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 Sends Religious Freedom Restoration Act To Governor’s Desk

A bill purporting to forbid “government limitations on the exercise of religion” now only needs Gov. Jim Justice’s signature to become law after Senate action late Tuesday.

A bill purporting to forbid “government limitations on the exercise of religion” now only needs Gov. Jim Justice’s signature to become law after Senate action late Tuesday.

House Bill 3042, also known as the Religious Freedom Restoration Act, passed the Senate on party lines after the chamber suspended constitutional rules to advance the bill. 

The bill, which drew fierce opposition during a public hearing last week, was only passed by the House of Delegates Monday morning.

Sen. Amy Grady, R-Mason, presented the bill on the Senate floor. She said the bill would prohibit the government from treating religious persons or institutions more restrictively than comparable secular institutions or persons and create a legal standard.

“The bill also establishes a standard called the compelling state interest test for courts to use when evaluating whether the government has infringed on the freedom of religion,” Grady said. “This judicial standard already applies to all federal laws and is in place in most states.”

Grady went on to highlight a clause that clarifies, “nothing in the new section may be construed to create a defense to protect actions to end the life of an born or unborn person.” She finished by stating that the bill is functionally identical to a 2021 law passed in South Dakota that has not been challenged successfully.

Sen. Mike Woelfel, D-Cabell, asked for clarification on the bill’s purpose, using the closure of churches during the COVID-19 lockdowns as an example.

“As I understand the bill, one of the things that it would do, if I’m correct, would be if there was another COVID outbreak, prevent the state from closing my church and preventing me from exercising my freedom of religion, or as the bill puts it, the exercise of my freedom of religion, is that correct?” Woelfel asked.

“Yes. If other secular institutions are left open, such as movie theaters, shopping malls, casinos then churches cannot be closed,” Grady replied.

Woelfel went on to voice his opposition to the bill, and raised a concern that the clause relating to ending the life of an unborn or born person was designed to discriminate against the Jewish faith. The Torah holds that life begins at the first breath, and Jewish sources explicitly state that abortion is not only permitted but is required should the pregnancy endanger the life or health of the pregnant individual.

“I submit to you the reason that’s in this bill is to discriminate against one group of people. They have the same right to exercise their freedom of religion,” Woelfel said. “Page one we protect the people that see the world the way we do, if we’re Christians, and then page two we deny that same freedom to the Jewish faith. I’ll tell you right now, that’s not going to stay under strict scrutiny. That is not gonna hold up, that will declare this bill unconstitutional. A magistrate court will figure that one out. So that’s what happens when we get in a hurry, respectfully.”

Grady argued that the bill is not for attacking, but rather “a shield” to protect more people in West Virginia. She pointed to similar laws in states across the country that have been in place for more than thirty years without issue.

“This is not a tool to use for discrimination,” Grady said.

Woelfel also raised concerns that the bill would allow challenges to vaccine requirements, as well as existing nondiscrimination ordinances in several cities across the state.

Also known as fairness laws, the ordinances passed by individual municipalities protect LGBTQ people from discrimination in housing, employment and public accommodations.

West Virginia has no statewide anti-discrimination law for its LGBTQ residents.

Sen. Mike Caputo, D-Marion, echoed Woelfel’s concerns.

“There’s 17 cities at least that have adopted fairness ordinances that I believe are in true jeopardy if they are challenged, if this bill passes,” Caputo said. “They’re little rural areas like Sutton, all the way to our biggest cities like Charleston and Huntington and everything in between. We talk about how we want local government to have local control and make local decisions, until it’s something that we don’t like.”

Sen. Ryan Weld, R-Brooke, argued that the legal test the bill establishes would work to protect existing nondiscrimination ordinances passed by cities and towns. He pointed to cities with similar ordinances in Texas, Florida and South Dakota – all of which have passed similar “religious freedom” bills – and argued that by passing such ordinances, those cities have made such protections a compelling governmental interest. 

“If someone were to have a case against a city that had a nondiscrimination ordinance that included that as protected class, the compelling governmental interest would have been to include that protected class,” Weld said. “So because that exists, this piece of legislation cannot be used to, in my opinion, overturn a city’s nondiscrimination ordinance.”

Caputo also expressed frustration that laws like House Bill 3042 go against the purported interest of attracting people to move to the state in the interest of economic development. He said the young people he spoke with were dismayed by this type of legislation.

“They can’t believe we’re even talking about stuff like this. They want a more inclusive West Virginia. They don’t want to be having these kinds of discussions. They just want things to be normal for everybody, regardless of how they feel about certain issues and how they love maybe a little differently than most of us in this room,” Caputo said.

“I’m gonna have to go home and hear about this, of how silly a bunch of old people are talking about the future West Virginia, and how we think it should look,” he continued. “Not how it is, not how the future wants it to be, but how we think it should look and we should make that perfect little picture and go home to our perfect world and I’d like none of this exists.”

Grady argued that such laws in other states have not impeded economic development.

“As a matter of fact, a few, most of the places still show growth,” she said. “Florida, Oklahoma, Arizona, Illinois, North Dakota. They’ve all shown tremendous growth when it comes to economic development and nothing has impeded that growth based on this law.”

The bill passed 30 to 3 along party lines, with one senator absent.

Senate Votes To Encourage Mon Power To Buy Pleasants Power Station

The Pleasants Power Station has been making electricity from coal for 44 years. But the plant, which employs about 150 workers, is scheduled to shut down at the end of May.

The Pleasants Power Station has been making electricity from coal for 44 years. But the plant, which employs about 150 workers, is scheduled to shut down at the end of May.

State lawmakers moved Monday to save those jobs, by adopting a resolution to “strongly encourage” FirstEnergy subsidiary Mon Power to purchase the Pleasants plant.

Sen. Donna Boley, R-Pleasants, sponsored the resolution.

“The job losses created by such a closure stands to hurt the social fabric that binds our community together,” she said. “I urge you today to join me and vote for the passage of this resolution to support the call for Mon Power to purchase Pleasants Power Station, and preserve the jobs and tax base that provides for so many throughout the state of West Virginia.”

Boley had the support of the chamber’s few Democrats. Sen. Mike Caputo of Marion County described the impact of a power plant closure in his district. Caputo said power plants support other jobs in the community.

“So it’s more than just a few jobs to operate the facility, it’s the ancillary jobs that count, too, and that could come up into the hundreds, maybe 1,000 with the loss of that plant,” he said.

The Pleasants plant burns millions of tons of West Virginia coal each year. It provides tax revenue that supports local government services.

But owner Energy Harbor decided to close it because it was no longer economical to operate.

And, should Mon Power decide to purchase the plant, it will pass along that cost to ratepayers.

Mon Power customers’ rates already went up on Jan. 1.

Still, no senators opposed Boley’s resolution.

The West Virginia Public Service Commission gave Mon Power until March 31 to evaluate the feasibility of acquiring the Pleasants plant.

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