Veto Story Archives - West Virginia Public Broadcasting

The Governor’s Signed And Vetoed Bills, COVID-19 Impacts And The Race For U.S. Senate, This West Virginia Week

WVPB looked at what did and didn’t get the governor’s signature and we continue our series looking back at the effects of the COVID-19 pandemic four years after its start.

We also take a look at the Republican primary race for a U.S. Senate seat, as well as updates from the state police on investigations into sexual misconduct.

On this West Virginia Week, the deadline for the governor to sign or veto bills from the state legislature’s regular session before they automatically become law was this week, and WVPB looked at what did and didn’t get the governor’s signature.

We continue our series looking back at the effects of the COVID-19 pandemic on retail and outdoor recreation four years after its start.

We also take a look at the Republican primary race for a U.S. Senate seat, as well as updates from the state police on investigations into sexual misconduct.

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.

Justice Vetoes Bill To Ease Vaccine Requirements For Some Schools

On the final day of bill signing from the 2024 regular legislative session, Justice vetoed controversial House Bill 5105.

Gov. Jim Justice has vetoed a bill to ease vaccine requirements for many of the state’s school-age children.

On the final day of bill signing from the 2024 regular legislative session, Justice vetoed House Bill 5105.

The controversial bill would have changed West Virginia’s vaccination requirements by allowing virtual public school students to be exempt from vaccination policies and for private and parochial schools to institute their own policies either exempting students or not.

In a statement, Justice said he was persuaded by the state’s leading medical experts, who advised him to veto the bill.

“Since this legislation was passed, I have heard constant, strong opposition to this legislation from our state’s medical community,” Justice said. “The overwhelming majority that have voiced their opinion believe that this legislation will do irreparable harm by crippling childhood immunity to diseases such as mumps and measles.”

Justice added that spikes in measles in surrounding states with less stringent vaccine requirements guided his decision.

“West Virginia historically has seen very few instances of these diseases, specifically because the vaccination requirements in this state are so strong,” he said. “Importantly, the vaccines at issue have been required in this state for decades and have kept our communities safe.”

As the regular session wound down earlier this month, the House approved HB 5105 on a vote of 70 to 29 and in the Senate by 20 to 12.

As the law stands, all students in West Virginia have to receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt.

Justice said parents from private and parochial schools voiced their opposition to the bill.

“We have heard from this community that they see this bill as purely divisive and, if signed into law, requiring consideration of adopting policies that will result in parents pulling their children from their schools,” he said.

Justice said while he understood those who saw the issue as one of freedom to make other health decisions, he could not ignore the “wisdom” of the medical community.

“I will defer to our licensed medical professionals who have come forward overwhelmingly to say this bill could and likely would result in reduced immunity and harm to West Virginia’s kids. Our kids are our future. They are our most important resource, and I will protect them with everything I have.”

Justice Vetoes Bill To Expand Size Of Renewable Power Projects

Justice on Tuesday vetoed House Bill 5528. The bill would have let power companies build individual solar or wind projects up to 100 megawatts.

Gov. Jim Justice has vetoed a bill that would have expanded the size of renewable electricity facilities in the state.

Justice on Tuesday vetoed House Bill 5528. The bill would have let power companies build individual solar or wind projects up to 100 megawatts.

Current law allows for projects of 50 megawatts. But it also includes a sunset provision that ends the window for such projects early next year. HB 5528 would have lifted the provision.

The bill passed by wide margins in both chambers: 61 to 36 in the House and 32 to 1 in the Senate.

The veto comes as utilities are expanding renewable power, especially solar. Mon Power’s Fort Martin solar facility in Monongalia County became operational in January. It produces 19 megawatts.

Mon Power is building two other solar projects and seeking approval for two more.

Last week, the U.S. Department of Energy announced funding up to $129 million to construct a solar facility on two former coal mines in Nicholas County. The governor’s veto should not affect the project.

In a letter to lawmakers Tuesday, Justice said he vetoed the bill to protect the coal industry. Justice himself owns numerous coal companies.

“I fear this well-intentioned bill will further encourage these companies to drop coal generated power and continue to turn toward more expensive options outside of West Virginia,” Justice wrote. “It could also lead to job loss by putting coal mines and coal generating facilities out of business quickly.”

Nearly 90 percent of the state’s power comes from coal, though nationwide, coal use has fallen below 20 percent.

Commissioner Carper Calls For Vaccine Bill Veto

A county commissioner has joined a chorus of healthcare professionals asking Gov. Jim Justice to veto a bill that would eliminate vaccine requirements for certain students in West Virginia.

Kanawha County Commissioner Kent Carper announced in a press release Tuesday he supports a veto of House Bill 5105.

House Bill 5105 would allow virtual public school students to be exempt from vaccination policies and for private and parochial schools to institute their own policies either exempting students or not.

As the law stands, all students in West Virginia have to receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt.

“I understand the importance of Gov. Justice taking his time to review this bill in its entirety before making his final decision,” Carper said in a press release. “By vetoing this bill, the governor will take a strong stance to show the importance of protecting our vulnerable populations, including young children and seniors.”

Carper’s release joins that of Dr. Steven Eschenaur, the Kanawha-Charleston health officer, who published a statement on March 11, asking Justice to veto the bill.

“As a Public Health Officer, experienced emergency room physician and veteran, I have seen first-hand the ravages of the diseases West Virginia’s current childhood immunization laws protect against,” Eschenaur stated. “I am deeply worried about the consequences on public health with the passage of HB 5105. By allowing philosophical exemptions to the law, we are weakening the public’s ability to prevent measles, mumps, tetanus, meningitis and polio.”

Carper also encouraged other current elected officials and those running for office in the state to support the veto of the bill.

The American Academy of Pediatrics (AAP) and its West Virginia chapter sent a letter to Gov. Jim Justice on March 14, urging him to veto the bill.

“As we continue to experience the effects of the global coronavirus pandemic and its impact on children’s health, we need strong policies that support our public health systems to fight diseases. West Virginia HB 5105 would remove certain schools from West Virginia’s school-entry immunization requirements under existing statute. AAP policy cautions states against expanding nonmedical exemptions for childhood immunizations to protect children where they learn and in the greater community where they live.”

According to the West Virginia Legislature website, while the legislature is in session, the governor has five days to approve or veto a bill. After the legislature adjourns, the governor has 15 days to act on most bills. If the governor does not act within these time limits, bills automatically become law without his or her signature.

Justice has until Wednesday, March 26 to veto or approve House Bill 5105 or allow it to become law without his signature.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

With 99 To Go, Justice Signals Hesitation Over Signing Certain Bills

The governor has signed 73 bills into law, and vetoed one. There are slightly fewer than a hundred bills waiting for action – including some controversial bills.

Most of what Gov. Jim Justice has signed since the legislative session ended are appropriations bills that allot funding to specific state agencies.

Contentious bills, like ones that would reduce unemployment benefits, change the legislative auditor’s office, and loosen vaccine requirements for school-age children are still hanging in legislative limbo.

Justice expressed concern about the vaccine bill that would exempt students from receiving vaccinations who attend private schools or attend public school virtually.

“We’re bombarded with calls, bombarded with calls,” Justice said. “You know, from ‘docs’ and all kinds of different people who say ‘what are we doing, what in the world are we doing?’”

He said he wants to expand freedom but is unclear on the ramifications of the bill, if it is signed into law.

“I had a gentleman just in my office not long ago,” Justice said. “You know, talking about when he was growing up, one of the family members had Polio.”

With ten days left to sign the bill, Justice said it’s premature to say what he will do.

According to West Virginia Legislature website, while the Legislature is in session, the governor has five days to approve or veto a bill. After the Legislature adjourns, the governor has 15 days to act on most bills. However, the budget bill and supplemental appropriations bills must be acted upon by the governor within five days regardless of when they are received. If the governor does not act within these time limits, bills automatically become law without his or her signature.

If the Legislature is still in session when the governor vetoes a bill, a simple majority vote of the members of both legislative bodies is necessary to override the veto.

In cases when a budget bill or supplemental appropriation bill is vetoed, it requires a two-thirds vote of the members of both chambers to override the veto.

Gov. Justice Vetoes Health Department Split, Seeks Review

West Virginia Gov. Jim Justice vetoed a bill Wednesday that would have split the massive Department of Health and Human Resources into separate agencies, saying he first wants a review of its “issues, bottlenecks, and inefficiencies.”

“I am committed to making the DHHR better, but we cannot afford to play politics when people’s lives hang in the balance,” Justice said in a statement. “We need to be certain before we act.”

Under the bill, the DHHR would have been divided into the Department of Health and Department of Human Resources.

The bill originated in the House of Delegates, where some supporters had said the move was long overdue for such a large agency and could help better address the state’s substance abuse crisis. West Virginia has the nation’s highest drug overdose death rate.

There also were attempts in the recent legislative session to address the state’s foster care system, which falls under the DHHR. More than 6,500 children are in the care of the state. Pay raises for social workers were gutted after a bill aimed at improving foster care services unraveled on the Legislature’s final day in March.

“We all want to address and correct the very real issues within DHHR, but before we undertake such a drastic change to an enormous agency that affects the lives of our most vulnerable West Virginians, I believe we need to take a deeper look at every aspect of how this would work,” Justice said.

The Republican governor said the DHHR bill “does not provide adequate direction on the many questions that must be addressed in this massive endeavor, including important questions regarding how the federal funds will flow to ensure we don’t jeopardize significant federal funding.”

While the bill would have split the DHHR by next January, budgetary changes would not have been effective until July 2023.

“It is unclear how the different effective dates could work in concert,” Justice said.

The DHHR currently has one cabinet secretary, Bill Crouch, overseeing a $7.6 billion budget, or 39% of the state’s entire spending, while 11 secretaries from other departments oversee the remaining 60% of state spending.

Under the bill, there would have been one cabinet secretary for each new department without deputy secretaries. The change’s financial cost to the state in the next fiscal budget would have been $300,000 for the additional cabinet secretary and administrative assistant.

The DHHR split goes back to a 2013 consulting firm report that suggested such a move would allow for a more efficient use of agency resources.

Among the agencies that would have been included under the Department of Human Resources are the bureaus of Social Services, Medical Services, Child Support Enforcement, Family Assistance, and Behavioral Health. The West Virginia Bureau for Behavioral Health includes the state Office of Drug Control Policy and the Office of Maternal Child and Family Health.

The Department of Health would have included the bureaus of Public Health, Health Facilities, Inspector General, the Office of Health Facility Licensure and Certification, and the state Health Care Authority.

The bill would have allowed the new departments to decide how to oversee the state Women’s Commission and the Human Rights Commission.

Justice said he plans to implement a “top-to-bottom review of the DHHR, so that we may clearly identify its issues, bottlenecks, and inefficiencies. We will work to develop a plan to address any and all problems, which may very well require a full reorganization of the agency. But we will do so in an effective and efficient way, so we can make sure there is no lapse in any vital support or services for the West Virginians who rely on the DHHR.”