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Tracking The Bills The Governor Vetoes, Signs Into Law

As the deadline for Gov. Jim Justice to sign bills into law approaches, there are still numerous bills on the table awaiting his consideration.

Updated on Wednesday, March 27, 2024 at 6:25 p.m.

This is a developing story and will be updated as bills are signed into law by Gov. Jim Justice.

Wednesday marks the deadline for Gov. Jim Justice to sign into law bills that the West Virginia Legislature passed in its 2024 regular session.

Just one day out from the deadline, more than half of this year’s bills were still awaiting approval from Justice.

This is not uncommon, as governors often use the final hours before the deadline to decide upon bills. Any bills Justice does not act upon will automatically become law by Thursday.

At a press briefing Tuesday, Justice said his inaction was because many bills came to him late, following drawn-out discussions on the Legislature floor.

Plus, budgetary concerns muddied important financial decision-making days before the session ended, he said. With the Legislature approving a budget lower than he had requested, Justice said he would call lawmakers back for a special session before May 14.

Justice vetoed his third bill this year on Wednesday afternoon. House Bill 5105 would have exempted virtual public school students from vaccine requirements, and allowed private and parochial schools to set their own vaccine requirements.

As the law stands, all students in West Virginia must still receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt. The other bills Justice vetoed this year would have allocated funding to neuroscience research at West Virginia University, and increased the capacity of renewable energy facilities in the state.

Justice used the final remaining hours of Wednesday to grant tens of other bills his stamp of approval.

West Virginia Public Broadcasting has provided a list of some of the final bills Justice approved on Tuesday and Wednesday, with a description of what the new laws entail.

Education and Child Care

Senate Bill 146 creates a state task force on adult education. The task force will consider funding options, and collect findings for the Legislative Oversight Commission on Education Accountability.
Senate Bill 487 requires the State Board of Education to review professional development resources for teachers every five years. It aims to ensure content is still necessary and focused on what actually happens in classrooms.
Senate Bill 568 aims to reduce chronic absenteeism by altering school protocol for addressing student absenteeism and increasing contact between schools and parents of absent students.
Senate Bill 844 redesignates the Educational Broadcasting Authority, which oversees West Virginia Public Broadcasting, as the Educational Broadcasting Commission. It also reduces the number of members who serve on the EBA, and grants the cabinet secretary for the Department of Arts, Culture, and History hiring power over its executive director.
House Bill 4305 grants in-state tuition status to higher education students who receive economic development incentives to relocate to West Virginia.
House Bill 4830 loosens training requirements for teachers. The requirement goes down from annually to every three years.
House Bill 4975 establishes a web-based foster parent information system.
House Bill 5405 increases professional development resources for West Virginia teachers.
House Bill 5514 increases the annual training requirements for county boards of education.
House Bill 5520 lowers the age of presumed competency for juvenile delinquency proceedings from 14 to 13.

Health

Senate Bill 170 compensates certain firefighters who develop bladder cancer, mesothelioma or testicular cancer through workers’ compensation.

Senate Bill 325 allows for penalties for manufacturers who deny, restrict or prohibit the acquisition of a 340B drug by a safety net provider of contract pharmacy. The 340B drug program allows covered providers to offer federal resources to Medicaid and Medicare recipients.
Senate Bill 453 requires pricing and payment transparency from pharmacy benefits managers contracting with PEIA. Pharmacy benefit managers manage prescription drug benefits for clients ranging from health insurers and Medicare Part D drug plans to large employers.
Senate Bill 477 criminalizes sharing health care workers’ personal information on the internet with the intent of harming them.
Senate Bill 667 creates the Physician Assistant Licensure Compact, allowing physician assistants to provide certain medical services when licensed to do so.
Senate Bill 679 clarifies the role of the West Virginia Alcohol Beverage Control Administration Commissioner in overseeing businesses engaged in manufacturing, processing, distributing or sale of hemp-derived cannabinoid products. Purchase of these products is limited to adults aged 21 and over.
Senate Bill 681 removes a requirement that members of the Army National Guard or Air National Guard who receive tuition funding from the state for a medical degree program must work in West Virginia for 10 years after graduating. Now, the number of years of in-state work required is set by the state’s adjutant general.
Senate Bill 755 increases age verification requirements for the online sale of tobacco products, including vapes.
House Bill 4233 codifies in state law that the term “non-binary” is prohibited from being used as a sex on state birth certificates. The term was already not included as an option for sex at birth.
House Bill 4756 creates a state Alzheimer’s plan task force.
House Bill 5175 eliminates funding for the Center for Nursing and transfers its duties and authorities to the Higher Education Policy Commission.
House Bill 5347 establishes a program for emergency medical services personnel to become certified paramedics.
House Bill 5349 makes labeling requirements for food products more specific.
House Bill 5540, known as Laken’s Law, is named after Morgan Laken, who died from a fentanyl overdose in 2021. It requires students to be taught about fentanyl, heroin, and opioid awareness, prevention and abuse, addiction, community resources, substance abuse among young people, and how to administer opioid reversal agents like Narcan. The instruction will begin in the 2024-2025 school year.
- See our previous reporting.

Elections and Government

Senate Bill 217 allows the state and its political subdivisions to negotiate construction prices when all bids received exceed the budget.
Senate Bill 438 slightly reduces the information certified practitioners of a field must provide the public through the state agency that granted their certification.
Senate Bill 542 clarifies vacancy protocol for county commissions, including how commissioners should proceed when a deadlock is reached over candidates.
Senate Bill 624 eliminates voter registration records for individuals who move out of West Virginia or receive a driver’s license in another state.
Senate Bill 628 reconciled financial claims made against the state.
Senate Bill 834 increases the number of members on the state’s advisory board for motor vehicle dealers.
Senate Bill 866 appoints the state treasurer as chairperson of the West Virginia Investment Management Board.
Senate Bill 874 creates local port authority districts, which are zoned through the state’s Division of Multimodal Transportation Facilities.
House Bill 4350 removes a state policy allowing individuals to file candidacy for a vacant public office after the filing deadline when no one from their party has already filed their candidacy.
House Bill 4552 requires candidates in partisan elections to immediately verify their party affiliation upon filing for office.
House Bill 4782 requires municipalities to regulate zoning ordinances equally for all businesses, regardless of whether a business sells firearms or ammunition.
House Bill 5690 creates a state task force on artificial intelligence.

Infrastructure and Development

Senate Bill 610 expanded the Water Development Authority’s ability to appoint employees.
Senate Bill 631 prohibits municipalities from disconnecting water service for nonpayment of stormwater fees.
Senate Bill 782 updates property development permits and deadlines.
Senate Bill 827 clarifies state terminology surrounding salvage yards, and the conditions for receiving a specialized regional distribution and dismantling license from the state.
Senate Bill 874 creates local port authority districts, which are zoned through the state’s Division of Multimodal Transportation Facilities.

Public Safety and the Courts

Senate Bill 578 clarifies property ownership terms in the state’s burglary crime law.
Senate Bill 649 clarifies that judges recalled to serve in West Virginia are entitled to per diem compensation from the state.
Senate Bill 712 reduced the minimum age for state police cadets from 21 to 18.
Senate Bill 778 expands the types of offenses that can grant an individual a “repeat offender” status for felony convictions in West Virginia.
House Bill 4190 establishes a silver alert system for people with Alzheimer’s disease or other cognitive impairments.
House Bill 4297 establishes that correctional officers who undertake specific training qualify as law enforcement officers.
House Bill 4399 allows certain individuals whose criminal charges have been dismissed to have those charges expunged from their record.

Tourism and Recreation

Senate Bill 148 establishes an auto-renewal program for state wildlife licenses.
Senate Bill 222 provides discounts and fee exemptions to veterans at certain state parks.
Senate Bill 690 creates a commission on agrotourism.
Senate Bill 824 increased the West Virginia Motorsport Committee from five to 17 members, all appointed by the governor.
House Bill 4700 bans individuals who exhibit harassing or harmful behaviors from certain sports wager activities.
House Bill 4793 allows residents who are at least 21 years of age to manufacture moonshine for personal or family use.

For a full list of bills that the West Virginia Legislature passed in its 2024 regular session — as well Justice’s action on them — visit the Legislature’s website.

To view our full coverage of the West Virginia Legislature’s 2024 regular session, visit the webpage for our program The Legislature Today.

Female Representation Remains Low In US Statehouses, Particularly Democrats In The South

Nearly 130 years since the first three women were elected to state legislative offices in the U.S., women remain massively underrepresented in state legislatures. In 10 states, women make up less than 25 percent of their state legislatures, according to Rutgers’ Center for American Women in Politics. West Virginia is at the very bottom of that list, having just 16 women in its 134-member Legislature, or just under 12 percent.

Democrat Kayla Young and Republican Patricia Rucker frequently clash on abortion rights and just about everything else in West Virginia’s Legislature, but they agree on one thing: Too few of their colleagues are women, and it’s hurting the state.

“There are exceptions to every single rule, but I think in general, men do kind of see this as their field,” said Rucker, part of the GOP’s Senate supermajority that passed one of the nation’s strictest abortion bans while Young — the lone Democratic woman elected to the House — opposed it.

Nearly 130 years since the first three women were elected to state legislative offices in the U.S., women remain massively underrepresented in state legislatures.

In 10 states, women make up less than 25 percent of their state legislatures, according to Rutgers’ Center for American Women in Politics. West Virginia is at the very bottom of that list, having just 16 women in its 134-member Legislature, or just under 12 percent. That’s compared with Nevada, where women occupy just over 60 percent of state legislative seats. Similar low numbers can be found in the nearby southern states of Mississippi, South Carolina, Tennessee and Louisiana.

“It’s absolutely wild to know that more than 50 percent of the population of West Virginia are women, and sometimes I’m the only woman that’s on a committee, period,” said Young, currently the only woman on the House Artificial Intelligence Committee and was one of just two on the House Judiciary Committee when it greenlighted the state’s near total abortion ban.

The numbers of women filling legislative seats across the U.S. have remained low despite women registering and voting at higher rates than men in every presidential election since 1980 — and across virtually every demographic, including race, education level and socioeconomic status.

For the last three decades, voters have demonstrated a willingness to cast ballots for women. But they didn’t have the opportunity to do so because women weren’t running, said Jennifer Lawless, chair of the politics department at the University of Virginia.

“The gender gap in political ambition is just as large now as it was then,” said Lawless, adding that women are much less likely to get recruited to run for office or think they’re qualified to run in what they perceive as a hostile political environment.

And those running in southern, conservative states — still mostly Democratic women, data show — aren’t winning as those states continue to overwhelmingly elect Republicans.

In 2022, 39 women ran as their party’s nominee for state legislative seats in West Virginia, and 26 were Democrats. Only two of the Democratic candidates won, compared to 11 out of 13 of the Republicans.

Debbie Walsh, director of Rutgers’ Center for American Women in Politics, said there’s more money, infrastructure and support for recruiting and running Democratic female candidates. The Republican Party often shies away from talking about what is labeled or dismissed as “identity politics,’” she said.

“It’s a belief in a kind of meritocracy and, ‘the best candidate will rise. And if it’s a woman, great.’ They don’t say, ‘We don’t want women, but if it’s a man, that’s fine, too,’” she said. “There’s no sort of value in and of itself seen in the diversity.”

Larissa Martinez, founder and president of Women’s Public Leadership Network, one of only a few right-leaning U.S. organizations solely supporting female candidates, said identity politics within the GOP is a big hurdle to her work. Part of her organization’s slogan is, “we are pro-women without being anti-man.”

In 2020, small-town public school teacher Amy Grady pulled off a huge political upset when she defeated then-Senate President Mitch Carmichael in West Virginia’s Republican primary, following back-to-back years of strikes in which school employees packed into the state Capitol.

Carmichael took in more than $127,000 in contributions compared to Grady’s self-funded war chest of just over $2,000. Still, Grady won by fewer than 1,000 votes.

“It’s just you’re told constantly, ‘You can’t, you can’t, you can’t do it,’” said Grady, who has now risen through the ranks to become chair of the Senate Education Committee. “And it’s just like, why give it a shot?”

Tennessee state Sen. Charlane Oliver says she didn’t have many resources when she first raised her hand to run for political office. She had to rely on grassroots activism and organizing to win her 2022 election.

Yet securing the seat was just part of the battle. Oliver, a 41-year-old Black Democratic woman, is frequently tasked with providing the only outside perspective inside for the Republican supermajority Legislature.

“They don’t have any incentive to listen to me, but I view my seat as disruption and give you a perspective that you may not have heard before,” she said.

Many male-dominant statehouses have enacted strict abortion bans in GOP-controlled states since the U.S. Supreme Court overturned Roe v. Wade in 2022. For many female lawmakers, this trend has meant sharing deeply personal stories surrounding abortion and childbirth.

In South Carolina, the abortion debate resulted in an unlikely coalition of five women senators banding together to filibuster a near-total abortion ban. The group took turns describing pregnancy complications, the dangers surrounding limited access to contraceptives and the reproductive system. The chamber has since gained a sixth female senator, raising the total to three Republicans, two Democrats and one independent. Together they are known as the “sister senators.”

The actions of the original five were met with praise from national leaders, but at home, the consequences have been swift. The Republican women received censures and promises of primary challenges in this year’s elections.

Women also have championed gun policy, education, health care, and housing proposals.

Recently, some states have allowed candidates to make childcare an allowable expense for campaign finance purposes. Young was the sponsor of her state’s law — one of her priorities her first session in the Capitol in the minority party.

During Young’s first term in office, she relied on a family member who would care for her two young children while she was at the state Capitol. But she was left without a solution last year when that caregiver passed away unexpectedly days before the session. Her husband, who works in television production, had to stay home and didn’t work for two months, meaning the family lost out on his income.

Young’s bill won the vote of Rucker, the first Hispanic woman elected to the West Virginia Senate. She too has had to juggle the challenges of being a working mom. She left her job as a teacher to homeschool her five children, and the family relied on her husband’s salary as a pediatric nurse to make ends meet.

“I ran for office because I feel like having that voice is actually really important — someone who lives paycheck to paycheck,” said Rucker, a first-generation U.S. citizen who made the difficult decision to pull her kids. “I’m not here because of a title, I’m not here because of a position, I’m here to do my job, and I want to do the best I can.”

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This story was first published on March 9, 2024. It was updated on March 10, 2024, to correct the number of female state senators in South Carolina. There are currently six, not five.

Kruesi reported from Nashville, Tenn. Associated Press journalist James Pollard in Columbia, South Carolina, contributed to this report.

West Virginia Legislature Ends Session With Pay Raises, Tax Cut And Failure Of Social Issue Bills

West Virginia’s Republican-dominated state Legislature on Saturday concluded a 60-day session marked by budget disputes and controversial social issue bills that advanced but ultimately didn’t go anywhere.

Lawmakers conferenced behind closed doors Saturday to reach an agreement on a budget just under $5 billion, bills that would cut unemployment benefits, a Social Security tax cut and a 5 percent raise for teachers and other state workers, among other legislation. Those proposals now head to the desk of Republican Gov. Jim Justice, who is expected to sign them.

The Social Security cut and pay raises were passed after the budget process was thrown into chaos this week when lawmakers learned Justice’s office was in negotiations with the federal government over a potential $465 million COVID-19 funding clawback.

Lawmakers debated several iterations of the budget before coming to a final decision, leaving out a number of priority items including a tax credit to make child care more affordable for families and money for a new agriculture lab at West Virginia State University.

Lawmakers intend to meet for a special session to review those items in May, when the situation with the U.S. Department of Education is clearer, the legislative leadership said.

Lawmakers additionally passed bills Saturday to allow the sale of raw milk with a warning label about the increased risk of foodborne illness and allow virtual public school students and private school students to opt out of mandatory vaccines.

Another successful bill would give public school teachers the option to teach intelligent design, the theory holding that certain features of life forms are so complex they can best be explained by an origin from an intelligent higher power, not an undirected process such as natural selection. Intelligent design is overwhelmingly regarded as a religious belief by the scientific community and not a scientific theory.

Social issues dominated most of the conversation during the session, but many did not cross the finish line.

As the clock approached a midnight Sunday deadline to pass bills, Democratic Del. Mike Pushkin dragged out discussion on a proposed constitutional amendment that would have been placed on the ballot to prohibit non-U.S. citizens from voting in West Virginia elections, which is already illegal.

“I just don’t think it’s necessary to change the constitution that’s already in state code, something that isn’t taking place. It’s hard enough to get our citizens to vote,” Pushkin said, checking his watch.

“I would encourage all citizens to vote. Think of who you’re voting for when you cast that ballot,” said Pushkin, one of 11 Democrats in the 100-member House, just as time ran out.

Earlier in the session, the House of Delegates passed a bill to make schools, public libraries and museums criminally liable for distributing or displaying “obscene” materials to children. The Senate never took up that bill or failed bills passed by the House that would have restricted healthcare for transgender adolescents and allow teachers and other school staff with certain training to carry guns on school campuses.

The Senate passed a bill that would have made a video on fetal development produced by an anti-abortion group required viewing in public schools, but the measure failed to advance in the House.

Time also ran out Saturday for House lawmakers to vote on final passage of a “Women’s Bill of Rights,” which was almost sure to pass. Democrats labeled the proposal a dystopian bill that would give women no additional rights while enabling the GOP to suppress transgender people.

The legislation said “equal” does not mean “same” or “identical” with respect to equality of the sexes. The proposed wording in state statutes and official public policies would define a person’s sex as determined at birth without allowing substitutions of gender equity terms. The bill also would establish that certain single-sex environments, such as athletics, locker rooms and bathrooms, are not discriminatory.

The bill was championed by Republican women in the Legislature, including Del. Kathie Hess Crouse, who said “radical feminists” have “sought a world in which men and women are treated exactly the same in every single circumstance, regardless of physical differences.”

“The Women’s Bill of Rights aims to halt this radical agenda,” she said, speaking on the floor in support of the legislation.

The unemployment bill, which was rushed through the legislative process in the final days of session after hours of debate, left some lawmakers confused, even those who chose to support it.

The bill would increase work search requirements for unemployed people receiving benefits and freeze the rates those individuals are paid at the current maximum of $622 a week, instead of a system adjusting with inflation. People also would be able to work part-time while receiving unemployment and searching for full-time work. Current average benefits are around $420 a week.

The bill was a compromise from an earlier version of the legislation that would have reduced the number of allowable weeks for unemployment benefits from 26 to 24 and started benefits at 70% of the recipient’s average weekly wage before losing work and reducing benefits over the amount of time the person is out of work without getting a new job.

Supporters say they were concerned about the long-term solvency of the state’s unemployment fund. But Del. Democratic Del. Shawn Fluharty said the bill sends a bad message.

“Here we are just year in and year out finding ways to chip away at who actually built this state: the blue collar worker,” Fluharty said.

The Social Security tax cut bill follows a law signed in 2019 that cut income tax on Social Security benefits over three years for the state’s lowest earners, defined as those making less than $100,000 filing jointly and $50,000 for a single person.

The proposal approved by the Legislature Saturday would eliminate the tax for everyone else, also over a three-year period. The tax would be cut by 35 percent this year, retroactive to Jan. 1, and 65 percent in 2025. The tax would be phased out completely by 2026.

The Legislature Today 2024 Final Hours Live Blog

Saturday, March 9 marks the 60th and final day of the 2024 West Virginia Legislative regular session. Once the gavel falls at midnight, lawmakers will no longer be able to consider bills introduced during the past 60 days. The only exception is the budget bill. Check back to our live blog throughout the night for the latest updates from the West Virginia Legislature.

Updated on Monday, March 11 at 10:15 a.m.

The only exception is the budget bill.

The state constitution mandates that if the budget isn’t passed within three days of the end of session, the governor will issue a proclamation saying the legislature can come back together on Sunday to work out the final details. Gov. Jim Justice issued that proclamation on Thursday.

One monkey wrench this year affecting the progression of the budget bill, however, is a $465 million claw back in COVID-19 relief money — a demand by the U.S. Department of Education.

Justice has said his administration is in negotiations to address the situation, but without knowing what will happen, it is difficult to pass a state budget. Many lawmakers have expressed interest in returning in May to finalize the budget — allowing time to deal with the potential claw back.

Under the state constitution, the budget must be passed by June 30.

This year, there were 2,575 bills introduced. Only 253 have so far completed legislation.

Aside from the budget, there are several key bills still up for discussion in both chambers. West Virginia Public Broadcasting’s award-winning news team is following the action throughout the evening.

Check back to our live blog for the latest updates from the West Virginia Legislature.

You can also watch our live coverage of the The Legislature Today Final Hours free from 8 p.m. to midnight on our WVPB TV live stream.

To read the latest updates from the West Virginia Legislature’s final moments Saturday, click here.

Update at 11:22 p.m. by Emily Rice

Both chambers have passed a bill to require age verification for the purchase of any tobacco or vape product. House Bill 5084 now heads to Gov. Jim Justice for his signature.

Update at 10:30 p.m. by Briana Heaney

Senate Bill 841 has passed the House, and changes made by the House were approved by the Senate. The bill would broadly reduce unemployment benefits. However it would increase benefits in the first eight weeks, but it tapers off 5 percent each week, down to 45 percent. It also reduces the duration of unemployment benefits by two weeks.

Sen. Mike Caputo, D-Marion, said he doesn’t understand the need for this bill due to the health of the unemployment fund and the low unemployment rates in the state.

“We got people lobbying for this bill working for groups I never even heard of before,” Caputo said. “Who aren’t even from this state, pushing the buttons to get this done.”

The bill now heads to the governor for his consideration.

Update at 10:25 p.m. by Briana Heaney

The Senate has approved four of the more controversial House bills of this legislative session.

House Bill 4793 is known as the moonshine bill. The bill allows anyone over the age of 21 to manufacture their own alcohol without a license. The bill allows a person to manufacture up to 25 gallons, or 50 maximum per household. No alcohol made for personal use without a license may be sold. The bill passed with a thin margin, 18-14. The bill now heads back to the House.

House Bill 4880 will eliminate one third of the tax on social security recipients who make over $50,000 per year, or married persons whose joint income is over $100,000 per year. The bill phases in a 100 percent tax elimination over three years. The Senate version had triggers that would base the reduction in the social security tax based on the state’s yearly revenue; that bill has since died. The House bill was, however, passed unanimously. Changes were passed in the House and it now heads to the governor.

House Bill 4883 increases the annual salaries for certain state employees including public school teachers and state police officers. The bill passed unanimously, changes were approved by the House, and it now heads to the governor for his consideration.

House Bill 5262, known as the teachers bill of rights, ensures that counselors are provided the same protections as teachers and that teachers receive compensation for when a teacher student ratio is exceeded. The bill now heads back to the House.

Update at 10:15 p.m. by Emily Rice

The House has concurred with the Senate’s amended version of House Bill 5105 by a vote of 70 yeas, 29 nays, and one delegate absent. The bill now heads to Gov. Jim Justice for his consideration.

Update at 10:05 p.m. by Emily Rice

The House has made further changes to a bill to require age verification for the purchase of any tobacco or vape product in West Virginia. The bill is now awaiting further consideration in the Senate.

According to House Bill 5084, the verification must take place via “a valid driver’s license, state identification card, or any valid and unexpired federally issued identification card such as a passport or military identification car.”

The intent is to prevent sales of these products to people under age 18. Illicit sales are misdemeanors and the bill increases the fines for illicit sales.

**Editor’s Note: This update previously stated HB 5084 had been communicated to the governor. As of 10:40 p.m., the bill is awaiting consideration in the Senate.

Update at 10 p.m. by Randy Yohe

A bill that would have prohibited driving slow in the left lane of a highway, except under certain circumstances, has died.

House Bill 5237 traveled back and forth between the House and Senate, finally ending up with a joint conference committee to hammer out a possible compromise.

That committee amended the penalty from a secondary to a primary traffic offense. First time violation would have been a $25 fine. The report was rejected by a 46-52 vote, effectively killing the bill.

Update at 8:40 p.m. by Emily Rice

House Bill 5105 changes vaccine requirements for virtual public, private and parochial students in West Virginia. The bill passed the Senate by a vote of 20 to 12 with two senators absent and now requests the House to concur.

Previous versions of the bill included religious exemptions for all students in West Virginia, but the version that made it to the Senate floor only included religious exemptions for private and parochial schools.

Sen. Mike Maroney, R-Marshall, and chair of the Senate Health and Human Resources Committee, presented the bill on the floor saying he “does not recommend it pass, but my committee does.”

He called the bill an embarrassment on the Senate floor before a vote.

“I took an oath to do no harm, there is no way I can vote for this bill,” he said.

Update at 8:15 p.m. by Randy Yohe

Senate Bill 280 has passed the House, 89-9. The bill would allow teachers in public schools to discuss scientific theories. During committee and floor debate over the bill, the issue came down to science versus theology. Are intelligent design and creationism scientific theories or religious beliefs? Should they be taught in science classes along with the big bang theory?

Pertinent language in the bill reads, “No public school board, school superintendent, or school principal shall prohibit a public school classroom teacher from discussing or answering questions from students about scientific theories of how the universe and/or life came to exist.”

Some delegates have expressed concerns about legal ramifications in how a teacher may answer a student question, “How did life begin?”

The bill now heads to the governor.

Update at 7:43 p.m. by Randy Yohe

Senate Bill 841, setting unemployment taxes and benefits, passed the House. The vote was not along party lines but by a count of 66-31.

Update at 7:25 p.m. by Randy Yohe

Late this afternoon, the controversial unemployment bill, Senate Bill 841, was moved off the inactive calendar in the House of Delegates and quickly went to third reading, with several amendments.

Del. Evan Hansen, D-Monongalia, asked that the lengthy bill be read in its entirety. Debate over the bill is now ongoing, with delegates working to understand a complicated formula on delivering benefits while keeping a $400 million unemployment fund solvent. The bill still has requirements that an individual shall remain eligible for unemployment benefits only if he or she actively seeks work by conducting at least four work search activities weekly.

One amendment keeps unemployment benefits at 26 weeks with payouts being a percentage of earnings that decrease as the weeks diminish. A person getting a part-time job while seeking full-time work will continue to get full unemployment benefits.

Update at 6:30 p.m. by Randy Yohe

House Bill 4975 has completed legislation. The bill creates a foster care information system. There were few, if any, other foster care issues proposed this session after declaring the issue a crisis the past few years.

After several sessions of attempts, House Bill 4911 finally passed, allowing the sale of raw milk in West Virginia. The bill that passed included Senate amendments requiring warning labels on the product, removing the focal point of contention — liability immunity for raw milk sellers.

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.

U.S. Motto In Schools, Lower Prescription Drug Prices Topic Of Bills Passing House

The House of Delegates started Friday, Day 59 of the 60 day legislative session, with more than 60 bills on third reading. Many of the lighting rod bills were moved to the bottom of the agenda. Bills passed and sent to the governor include posting our national motto in schools, lowering prescription costs, addressing substandard recovery residences and who should help develop Corridor H.

The House of Delegates started Friday, Day 59 of the 60-day legislative session, with more than 60 bills on third reading. Many of the lighting rod bills were moved to the bottom of the agenda. Bills passed and sent to the governor include posting our national motto in schools, lowering prescription costs, addressing substandard recovery residences and who should help develop Corridor H.

There was continued pushback from the Democratic Caucus to Senate Bill 152, which is about displaying the official U.S. motto, In God We Trust, in all public schools. The bill says the motto must be displayed properly and conspicuously. Democrats questioned House Judiciary Chair Tom Fast, R-Fayette, on if the motto had to be in English, is taxpayer money footing the bill, and these questions from Del. Joey Garcia, D-Marion.

“Is there any penalty for non-compliance?” Garci asked Fast.

“It does not state so, it just requires a mandate,” Fast answered.

“Is the actual poster board required to be made in the United States?” Garcia asked.

Fast answered, “To the gentleman, and your colleagues, I would suggest you read the bill. It’s only a few paragraphs.”

“Then no, is that the answer?” Garcia responded.

“That is correct,” Fast said.

The national motto in schools bill passed 86 to 10.

Rural Pharmacies

Some delegates said Senate Bill 325 was complicated. Others said not so much. The bill deals with distribution of drugs to safety net providers and contract pharmacies. Under a federal program, it would have pharmaceutical companies cut costs on many drugs sold to pharmacies by 50 percent.

Del. Larry Rowe, D-Kanawha, was among a bi-partisan group urging passage to benefit many West Virginians.

The question is can they discriminate against rural and small pharmacies,” Rowe said. “And this bill is going to say that they can’t do that. And I would remind folks that are concerned about rural hospitals. The governor had $100 million in his original budget for rural hospitals and that is not in a budget that we sent over to the Senate. Maybe we hope that appropriation can be made at some point. But if you want to help small and rural pharmacies and hospitals, vote yes on this bill.”

The pharmacy bill passed 96 to one.

Recovery Houses

Senate Bill 475 would require more review and regulations for unscrupulous substance use disorder recovery residences. The bill will crack down on operators who often pack clients into substandard dwellings and treatment practices to skim federal grant dollars from those who want to get clean and sober.

Del. Mike Pushkin, D-Kanawha, was among those supporting the bill.

“There’s a byproduct of this horrible drug epidemic that has ravaged our state,” Pushkin said. “We need more housing, more safe places for people to get better. And just in any industry, you have good actors, and you have bad actors. And because of some of the bad actors, a lot of us have heard from the residents there, from the residents who live near there, that we needed to do something to help clean up this industry.”

The bill passed 96 to one.

Corridor H

And among the new corridor authorities being proposed, Senate Bill 571 would create the West Virginia Corridor H Advanced Energy and Economic Corridor Authority. Del. Brian Ward, R-Hardy, was one of several delegates opposing what he said would be far away bureaucrats deciding home town development issues.

“All the objectives that this bill outlines is already achievable through one county working with their neighboring county or multiple counties,” Ward said. “This is happening without being tilted too heavily to Governor appointees and industry experts. We’ve got brilliant people in each of our counties. This has got seven counties, Lewis, Upshur, barber, Randolph Tucker, Grant, and Hardy. The 20 mile section where eventually we’ll start to see heavy traffic and real opportunities is five years away at best, maybe 10 years away. We’ve got plenty of time. The agenda doesn’t mention green energy, per se. But anybody can look at the objectives.”

Before any vote was taken, SB 571 was postponed for action by one day, which is all that’s left.