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Justice Signs Senate Bill 10, The Campus Carry Act

Proponents say this law strengthens Second Amendment protections in West Virginia. But SB10 comes with many questions about implementation and concerns about the limitations on the new self-defense safeguards coming into place.

Gov. Jim Justice signed Senate Bill 10, The Campus Self-Defense Act, into law on Wednesday.

The new law authorizes the carrying of concealed pistols or revolvers under certain circumstances and in certain areas on the grounds of an institution of higher education. It prohibits firearms in numerous campus settings including stadiums, on-campus daycare, individual office settings, disciplinary hearings, and dormitory rooms, with concealed carry allowed in dorm public rooms like study halls and lounges

National Rifle Association State Legislative Action Director Art Thomm was the bill signing event host, delivering a very pointed introduction.

“This is a big day not only for West Virginians, but for law-abiding gun owners across the country who may choose West Virginia for employment or higher education,” Thomm said. “Threats to personal safety don’t disappear once you step on campus. Criminals do not abide by gun free zones. We have the most pro-gun governor West Virginia has seen in a very long time.”

West Virginia Citizens Defense league members also packed the room. The governor told them he hoped this would not be the only answer to solving the campus shooting crisis.

“But absolutely, without a question when that situation happens, if we have gun-free areas, to where there’s no way we can defend ourselves, then it seems like those are the targets that are targeted many, many, many times,” Justice said.

Two of the 88 republicans in the House voted against Senate Bill 10, Speaker Roger Hanshaw and Del. Erikka Storch, R-Ohio. Storch said she made her decision by listening to her constituents and her family.

“I have a 25, 23 and 17 year old and like I said, it was really outreach from my constituents. Nobody really thought it was going to do anything to advance the state,” Storch said. “I don’t think people are looking at West Virginia for their higher education opportunities on the basis of if they can bring guns, if they can’t bring guns, it just seems unnecessary. And we’re just, I don’t want to say necessarily catering to the gun lobby but that was another issue that they wanted to get across the finish line.”

Following the signing, West Virginia University President Gordon Gee, one of many state campus leaders opposed to campus carry, said in a statement he will create a new Campus Safety Group which will make recommendations relating to overall campus safety.

“I know this legislation leaves many feeling uncomfortable and brings forward many questions. Some may be unsure of their safety and well-being. Others may feel relief. We all have several questions as to how this will be implemented on our campuses,” Gee said in the statement. “We have opposed this type of legislation many times in recent years, firmly believing that local control is the best path forward. We reiterated this to lawmakers on multiple occasions again this year. However, now that this bill has been signed into law, we must come together as a community and work through the implications as it relates to the overall safety of our campuses.”

Del. Sean Hornbuckle, D-Cabell, said there will be a need to increase monitoring and counseling on campuses, given concerns over mounting student mental health and suicide issues.

“They’re going to have to figure out ways and get resources which they might have to come to us for, for mental health,” Hornbuckle said. “Making sure that we are protecting each and every student, and we’re addressing things before they ever get to a tragic standpoint.”

Testimony in committee and on the House floor noted it would cost WVU about $300,000 to fund campus carry security requirements even more for smaller colleges and universities. Storch said there was no funding in the bill.

“We’re not increasing their budget line items to give them any more money to deal with, to keep out of the safe places where guns aren’t permitted, to come up with the devices for them to secure them in their dorm rooms,” Storch said.

Just before putting pen to paper, Justice said the Campus Self-Defense Act evens a potentially deadly playing field.

“Does anybody here not think that has a brain in your head, that just because we don’t have this campus carry, that people can’t bring guns on our campuses,” Justice said. “I mean, for crying out loud, the doors are wide open. This is just saying the law-abiding people have a right to be able to carry if they choose to do so.”

West Virginia joins 11 states in allowing campus carry. The law goes into effect on July 1, 2024.

Senate Starts Week By Passing A Dozen Bills

It was a busy day for the Senate as they passed a dozen bills, ranging from issues of schools to healthcare and substance use.

It was a busy day for the Senate as they passed a dozen bills, ranging from issues of schools to health care and substance use.

First up was Senate Bill 51, which would require an impact statement in certain instances of a school closing or consolidation. School closure and consolidation have been pervasive in the state as the population continues to decline. According to the 2020 Census, West Virginia lost 3.2 percent of its population since 2010.

Senate Bill 258, which would eliminate a $10,000 cap on rent-to-own agreements in the state, was the only bill that did not pass unanimously.

“Currently in the law, it says that there cannot be a rent-to-own contract related to consumer goods which has a cash value, fair market value of more than $10,000. This bill, if it passes, will remove that cap completely,” said Sen. Charles Trump, R-Morgan. “Consumers and rent to own businesses will be free to enter into whatever contract they like regardless of the amount of value consumer goods which is the subject of the contract.”

Sen. Mike Woelfel, D-Cabell, and Sen. Mike Caputo, D-Marion, both voted against the bill but did not provide comment on the floor.

Senate Bill 282 creates the West Virginia Guardian Program. The program would allow county boards of education to contract with honorably discharged law enforcement officers to provide public safety and/or security on public school grounds and buildings.

With all the federal money coming into the state, Senate Bill 439 aims to help one state department complete its projects more easily.

“This is a pretty uncomplicated, easy bill. All it does is streamline the process for the DEP to bid and award contracts.” said Sen. Randy Smith, R-Tucker. “With all the federal money coming in, they’re afraid they’re not gonna get all the bids out for mine reclamation and some other projects. The Department of Highways is already doing this and it’s working well for them.”

The Senate also passed:

Senate Bill 248, clarifying when excess funds accumulated by boards are to be transferred to General Revenue Fund
Senate Bill 270, adding exemption to permit requirement for cremation for research for institution arranging the final disposition of a decedent who donated his or her body to science
Senate Bill 271, modifying approval process requirements for First Responders Honor Board
Senate Bill 283, updating the language of the Military Incentive Program, which provides a tax credit to employers in the state for hiring certain members of a class of veterans, to include all veterans

Sen. Mike Azinger, R-Wood, addresses the Senate on Monday Jan. 30, 2023. *Credit Will Price/WV Legislative Photography*

One Senator, Four Bills

One-third of the bills in front of the Senate on third reading Monday were sponsored by Sen. Mike Azinger, R-Wood. He said the bill’s aim was to address a chronic issue in the state.

“Three of the four bills that were on third reading today, deal with the homeless/drug crisis that is especially affecting two or three counties, that being Wood County, Cabell County, maybe you can say Kanawha County, maybe one or two others,” Azinger said.

“In Wood County we have four percent of the population and 25 percent of the beds, and we could potentially have double that if Ohio Valley College is purchased by these folks that have these drug rehab places. These bills are trying to constrict. The issues that we have in Wood County with homeless camps, with crime, as you can imagine, break ins and burglary, it’s just off the charts.”

Senate Bill 239 would require the Commissioner of the Bureau for Behavioral Health to engage community stakeholders in a study of homeless demographic information throughout West Virginia, due by July 1, 2024. Azinger said better understanding the state’s unhoused population is important to ensure the best use of the state’s resources.

“The study is basically just to know where the homeless folks are in West Virginia, why they are migrating from one part of the state to the other and how many of these homeless people are from out of state,” he said.

“We’re getting tons of out-of-state people that come to West Virginia, to the drug rehab places, because we have a lot of beds in one county, Cabell, but also, because we have benefits. We give away, you know, all kinds of freebies, and the word gets out on the street, cross-country, ‘Hey go to West Virginia.’ And that’s what’s happening. We want to truncate that, staunch the bleeding, put a stop to it, and make it reasonable. We’re not kicking anybody out of beds, we don’t want to do that, we want people that want help to get help.”

Senate Bill 243 would require the institutions giving people that help with substance use issues to also provide transportation after treatment has ended. The mandate for transportation is broad-reaching, as the bill requires, “a means of transportation back to the individual’s state of birth, a state in which they have previously lived, or a state where they have a family support structure” be provided. Azinger said there is no funding for the requirement by design.

“Just send these folks back to where they have family, to a state that they’re from, or someplace where they have connections and relationships and a history there,” he said. “We’re just making the drug rehab places have some skin in the game. Let them pay the price back for the bus ticket. Parkersburg paid $24,000 in bus tickets last year. So that’s $24,000 that, in my opinion, the City of Parkersburg shouldn’t have to pay.”

He also stated that the requirement serves two purposes: getting those individuals fresh out of substance use treatment back to their support system, and out of West Virginia.

Azinger also sponsored Senate Bill 241, which shifts the responsibility of investigating and enforcing of, the Patient Brokering Act, as well as Senate Bill 251, which requires the display of the official U.S. motto, “In God We Trust” in all state schools.

“Our country was built on God,” Azinger said. “Our America was birthed by the Great Awakening, religious revivals in the early 1700s was the impetus, was a birthright of the American Revolution. That’s always how we have operated. So why did we take it out? What’s happened since we’ve taken it out? Well, a lot of bad things have happened since we’ve taken it out, so let’s start bringing God back into the schools.”

Completed Legislative Action

Two more bills passed through the legislative process and are now on their way to Gov. Jim Justice for his signature.

Senate Bill 143 is titled Relating to Adopt-A-Stream Program. The bill would establish an Adopt-a-Stream program to promote the cleaning of the state’s waterways, similar to the Adopt-a-Highway program.

Senate Bill 231 transfers administration of West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development.

Both bills originated in the Senate but were amended by the House and returned to the Senate for final approval.

Department of Homeland Security Updates School Swatting Incidents

Law enforcement has updated the number of schools targeted during Wednesday’s statewide false reporting incident.

The West Virginia Department of Homeland Security was monitoring at least a dozen false reports of active shooters at schools across the state Wednesday.

Thursday morning, that number was updated to 19 false reports across 17 counties, but officials reiterated that all calls received have been deemed not credible.

False threats were received in Barbour, Berkeley, Cabell, Greenbrier, Hancock, Harrison, Jefferson, Kanawha, Marion, McDowell, Mercer, Monongalia, Ohio, Raleigh, Randolph, Taylor, and Wood counties.

These types of false reports, commonly referred to as “swatting,” are an attempt to bring a large, armed law enforcement presence to a certain location.

Swatting ties up emergency services and can be deadly.

“Our ongoing priority is to ensure the health, safety and well-being of our students and communities,” said Deputy Secretary of Homeland Security Rob Cunningham. “We will continue our investigation of each event and are prepared to respond again if needed. We ask the community to download our emergency response phone app and assist us in keeping our communities safe.”

Homeland Security officials said each threat received is being investigated alongside local and federal authorities.

False Reports Of Active Shooters Made At Schools Across State

More than a dozen false reports of active shooters were made at schools across the state Wednesday. The incident is part of a growing national trend.

Law enforcement in Barbour, Cabell, Harrison, Ohio, Kanawha, Marion, Mercer, Monongalia, Raleigh, Taylor, Wirt and Wood counties all received calls Wednesday morning of active shooters in schools, or the imminent threat of an active shooter.

Morgantown police, who responded to a false call at Morgantown High School around 9 a.m., said in a press release that an unidentified male identifying himself as a teacher at the school called 911 and said seven students had been shot in his classroom.

Deputy Cabinet Secretary for the West Virginia Department of Homeland Security Rob Cunningham says false or not, the safety of students in schools is a top priority and law enforcement responded to all involved locations quickly.

“Every time that there’s a threat, or there’s an allegation that there’s going to be some sort of violence towards our children, we take them all dead serious,” he said.

Cunningham said the calls, known colloquially as ‘swatting’, follow a growing pattern across the country.

“This isn’t only happening in the state of West Virginia, these types of calls have been happening throughout the nation,” he said.

Cunningham confirmed that similar calls were made simultaneously in Ohio Wednesday morning. Schools in North Carolina were targeted with similar false claims last week. He said the West Virginia incidents are now part of a federal investigation.

“My conversation with the FBI this morning was that these sorts of events have been happening throughout the nation and what is happening in West Virginia is going to be elevated to a national level investigation,” Cunningham said.

The false reporting of an emergency incident is a misdemeanor in West Virginia and carries a fine of up to $500 or a six month jail sentence.

Cunningham highlighted the state’s new “SeeSend” phone app, which allows community members to report information and concerns, and could help mitigate false reporting moving forward.

“If they have information, they have a tip, they know of something that’s going to negatively affect a school or a child, you can send that information and it goes straight to the people that it needs to go to to create an immediate response,” he said.

Interim Legislative Meeting Focuses On School Safety

The Joint Standing Committee on Education, part of the West Virginia Legislature, heard from two law enforcement leaders during a Monday interim meeting about the increased danger schools face from armed intruders.

Both presented lawmakers with the stark reality of protecting schools in the era of mass shootings.

Keith Vititoe, safety director for Kanawha County Schools, said that according to FBI statistics, from 2020 to 2021, there was a 52 percent increase in the frequency of armed intruder accounts.

“The recommendations that I have very simply is that when we have critical needs in schools that we find a way to fund the shortcomings at a school, no matter how large or small,” Vititoe said. “Also, that we actually change the legislation to make it easier for local Boards of Education to actually hire the security personnel.“

Jackson County Sheriff Ross Mellinger argued that having armed officers in schools is no longer enough.

“Make no mistake about it. It’s not if, it’s when it will happen,” he said. “If we had the funding and the initiative, we would put an officer in every school. However, that would only be the tip of the iceberg, per se.”

Mellinger asked legislators to consider expanding his “Shield Program,” which puts tactically trained officers in schools on a rotating basis, in the upcoming session.

State BOE Hears Update On County State Of Emergency, School Safety

Among reports on school safety and security, and the results of a teacher survey, the state BOE heard an update on Lincoln County Schools.

The West Virginia Board of Education (BOE) met Wednesday morning for its monthly meeting, and training is planned for a county with substandard performance.

Among reports on school safety and security, and the results of a teacher survey, the state BOE heard an update on Lincoln County Schools.

The state board issued a state of emergency for the county’s school system in November 2020, and has extended it three times, most recently in July of this year. An initial review found students were below average in math and reading.

West Virginia Department of Education Director of Accountability Matthew Hicks told the state board that things in Lincoln County are moving routinely.

“Training is being planned for the end of November, and overall the last month has been pretty quiet,” he said.

Lincoln County’s state of emergency is different from the state intervention in Logan County, which the board approved last month.

Hicks also presented the annual county board of education accountability report, which identifies counties that may need improvement or state help. Each county is scored on 11 efficiency indicators.

“These areas will be used to determine approval status for county school systems in the report,” Hicks said.

Earlier in the meeting, School Operations Officer Samuel Pauley presented the board with a school safety and security update. Most notably, Pauley reported that appropriation requests for the security needs of county school boards increased by 147 percent.

“The total request, as reported to us by the county boards, was $247 million,” Pauley said. “Last year, that request was $100 million, roughly.”

The price tag primarily includes requests for safe school entryways, weapon detection systems and resource officers.

“It’s a significant increase, that we feel that, that’s likely due to the shooting that occurred earlier in the year in Uvalde, Texas,” Pauley said.

The board also approved an extension of a statewide waiver of Policy 4336 that was initially approved last December. The policy pertains to West Virginia School Bus Transportation Regulations, and allows certified bus drivers from other states to substitute experience in lieu of the required 40 hours of classroom training and 12 hours of behind the wheel training.

Director of Transportation David Baber said over the past year, 16 drivers have come into the state via the waiver.

“It’s a small number, but it’s very practical,” he said. “It’s 16 more we didn’t have prior to that.”

Baber said that a revision of the policy is in the works.