Senate Rejects Then Passes Controversial Legislative Auditors Bill

The bill barely slipped through the GOP supermajority House, with dozens of Republicans joining the Democrats to vote against the bill. 

It would have been the first bill to be rejected by the Senate this session after it was voted down 16-15.

But after it was initially rejected the Senate took a recess.

The Legislative Auditor’s Office is set up to perform audits and analysis of state agencies. The office reports to the legislature, and findings and reports are made public.

Senate Bill 687 changes who the office answers to. Critics worry that it takes independence and transparency from the watchdog organization. 

Supporters said it safeguards the process from a rogue bureaucrat and streamlines the office. Other supporters say it’s just a necessary change after the retirement of Aaron Allred, who served the office for 30 years. 

The bill barely slipped through the GOP supermajority House, with dozens of Republicans joining the Democrats to vote against the bill. 

It would have been the first bill to be rejected by the Senate this session after it was voted down 16-15.

But after it was initially rejected the Senate took a recess. 

When they came back, Sen. Michael Azinger, R-Wood, who had originally voted against the bill, asked to reconsider his vote. A revote was issued. 

Seven senators changed their vote, leading to its passage with 21 yes votes and 7 no votes. 

Sen. Patricia Rucker, R-Jefferson, left before the second vote. She did want to comment on leaving early, and said she could not speak to what was said behind closed doors. She did say that there were things about the bill that just didn’t sit right with her. 

“I actually don’t think the bill is needed,” Rucker said. “I was not shown any reason for why we needed this legislation. I also really don’t like the fact that it is decreasing transparency.” 

Azinger said that he and others didn’t really understand the bill until it was explained to them in caucus in the recess, where GOP leadership dispelled some alleged misinformation. 

Sen. Mike Caputo, D-Marion, said confusing bills with misleading titles coupled with code that diminish transparency are part of a broader trend. 

“That’s something that they’ve been doing for the last few years,” Caputo said. “The majority party has creatively named bills that sound really good. So the public just hears that.” 

He said it’s not always clear what the bills do. 

“Sounds so harmless. And then you look into it, you’re going, ‘Wow, I didn’t realize that that would do that,” Caputo said.  

Other bills passed today include topics on verifying age for the sale of vape products, patriotic organizations like the boy scouts having access to public schools, and the sale of raw milk

Lawmakers Discuss Bill That Would Bring Changes To Legislative Auditor’s Office

On this episode of The Legislature Today, the Legislative Auditor is a department under the West Virginia Legislature tasked with auditing offices under the executive branch. There is a bill making its way through the legislature that some say will “defang” the work done by the department while others say the bill strengthens it.

On this episode of The Legislature Today, the Legislative Auditor is a department under the West Virginia Legislature tasked with auditing offices under the executive branch. There is a bill making its way through the legislature that some say will “defang” the work done by the department while others say the bill strengthens it.

Randy Yohe spoke with House Speaker Roger Hanshaw, R-Clay, and Democratic Party Chairman Del. Mike Pushkin, D-Kanawha, for perspective on the issue.

In the House, a wide range of bills on third reading included a change in oil and gas property taxes, the sale of raw milk and changing the title of the curator of the Department of Arts, Culture and History. Randy Yohe has more.

In the Senate, the chamber approved 10 bills on third reading covering topics ranging from creating a state Alzheimer’s task force to the James A. Manchin Environmental Action Plan. Briana Heaney has more.

Finally, a group that spends a lot of time at the legislature campaigning for Second Amendment issues was back. Bob Brunner spoke to a representative to find out what they were working on now.

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.

Law And Order, Child Care Access And A Women’s Bill Of Rights, This West Virginia Week

On this West Virginia Week, the state legislature had Child Care Advocacy Day, centering on an issue leaders flagged as a top priority at the start of the session. But with the session more than halfway through, action still remains to be seen.

On this West Virginia Week, the state legislature had Child Care Advocacy Day, centering on an issue leaders flagged as a top priority at the start of the session. But with the session more than halfway through, action still remains to be seen.

We also hear about law and order issues facing the state, a bill that narrows definitions of gender, as well as updates on Corridor H and the loss of manufacturing jobs in the Northern Panhandle. 

Chris Schulz is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, and Randy Yohe.

Learn more about West Virginia Week.

House Committee Moves To Legalize Sale Of Raw Milk

On Tuesday, lawmakers on the House Health and Human Resources Committee moved to legalize the sale of raw milk in West Virginia.

Legislators on the House Health and Human Resources Committee discussed the sale of raw milk in the state of West Virginia in a meeting on Tuesday, Feb. 13.

The practice of “herd sharing” has been legal in West Virginia since 2016. A herd share lets people enter agreements to share milk-producing animals and drink raw milk.

In March of that same year, lawmakers drank raw milk in celebration after passing the legislation and fell ill. According to reports, there also had been a stomach illness circulating at the Capitol. The investigation yielded no conclusive findings.

House Bill 4911 would remove the restrictions on the sale of raw milk and permit the sale of raw milk as long as the containers are clearly labeled as ungraded raw milk along with the seller’s name and date of production.

The bill provides some immunity for the sellers for personal injuries and other civil liability for selling raw milk, excluding damage loss, injury or liability caused by intentional or willful or wanton misconduct.

Del. Mike Pushkin, D-Kanawha, asked counsel if the state allows the same immunities to any other kind of food production. He moved to amend the bill to strike the section protecting sellers.

Del. Heather Tully, R-Nicholas, urged rejection of Pushkin’s amendment, calling House Bill 4911 a “freedom bill.”

“You choose where you buy this milk,” Tully said. “You don’t have to stop going to Kroger’s to get your homogenized, pasteurized milk if that’s what you prefer. But I do think it allows an option.”

Pushkin closed the debate on his amendment by asking his colleagues if any other food processor in the state is offered the same protections and questioning the safety of the sale of raw milk.

“If they do something wrong and people get sick, they should be able to seek justice over this,” Pushkin said. “If it’s so safe, then why do we need this? This line in the bill? And we can’t think of one other food product where we give blanket immunity to the seller or the manufacturer.”

Pushkin’s amendment failed upon committee vote.

Del. Steve Westfall, R-Jackson, recounted his experience growing up on a farm and drinking unpasteurized milk before pasteurization laws.

“So, I still have little reservation about this because I remember making my chocolate milk and having to tip the cream off the top of where I would drink this stuff,” Westfall said. “But overall, I don’t think it’s not a bad bill.”

Del. Roy Cooper, R- Summers, told his colleagues that this bill would benefit the growing Amish population in his district.

“Those people consume raw milk daily and we never hear of any of them being sick from raw milk,” Cooper said.  “And I know I buy raw milk from them because it’s cheaper to buy raw milk than it is to drive 12 miles for a gallon of pasteurized milk.”

Pushkin reiterated his opposition to the bill, saying he would have voted for it had it included his previous amendment.

“If it’s so safe, and it’s and then then why do we have to put this blanket immunity?” Pushkin asked. “So yeah, I’m all for freedom and I grew up here too, but also was raised and, you know, after the advent of pasteurization, it’s there for a reason.”

The House committee sent the bill to the House floor for consideration by the entire body.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

Raw Milk Law Takes Effect Today

  West Virginians are now allowed to drink raw milk through animal-sharing agreements.

The law that was passed by the Republican-led Legislature and signed by Democratic Gov. Earl Ray Tomblin went into effect Monday.

The law lets people strike agreements to share milk-producing animals and drink raw milk. It maintains a ban on selling or distributing raw milk.

People have to sign a document acknowledging the health risks before entering agreements. Animals need to have passed health tests within the last year.

Tomblin vetoed a similar bill last year. In his veto message, he wrote that the bill would pose a serious risk to public health, since raw milk can contain particularly dangerous bacteria for children, pregnant women and people with compromised immune systems.

State Won't Penalize Lawmaker Who Gave Out Raw Milk

West Virginia health officials won’t penalize a state lawmaker who illegally handed out raw milk at the Capitol.

A letter from the Bureau for Public Health last week says Del. Scott Cadle clearly violated state law by offering raw milk to the public on March 3. But the bureau recognized it was a first-time offense.

The letter says one other House delegate and several others became sick around the time they drank the raw milk. There also had been a stomach illness circulating at the Capitol. An investigation into whether people got sick because of raw milk continues.

Gov. Earl Ray Tomblin recently signed a bill letting people share milk-producing animals and drink raw milk. Selling and distributing raw milk will remain prohibited, still punishable by $50 to $500 in fines.

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