Special Legislative Session Ends With Closing Remarks From Hanshaw, Blair

Tuesday night, both the Senate and the House of Delegates closed the first extraordinary session of 2023 after passing 35 of the 44 introduced bills. Both leaders spoke to end the session.

Tuesday night, both the West Virginia Senate and the House of Delegates closed the first extraordinary session of 2023 after passing 35 of the 44 introduced bills.

Review coverage of the special session here

After long debates Tuesday, that often got “into the weeds,” House Speaker Roger Hanshaw, R-Clay, addressed the House by challenging the members to build a better West Virginia. He asked them to think about what they can do to improve the state without the large budget surpluses the state has enjoyed the last few years.

https://wvpublic.org/wp-content/uploads/2023/08/Hanshaw-speech-complete-web.mp3
Listen to Hanshaw’s remarks.

Minutes after the House closed out the session Sine Die, Senate President Craig Blair, R-Berkeley, stepped down from the podium to challenge the Senate to represent the people. He noted that the Senate will begin meeting to address issues with Fire and EMS providers in the state in the same way the legislature has been working on issues with the corrections department. 

https://wvpublic.org/wp-content/uploads/2023/08/blair-speech-web.mp3
Listen to Blair’s remarks.

Transcripts of both speeches are below. 

House Speaker Roger Hanshaw Transcript

House Speaker Roger Hanshaw, R-Clay, speaks from the floor.

Credit: Perry Bennett/WV Legislative Photography

“Well, folks, we’re at the end. We’re at the end of a 45-bill agenda for a very long, special session. And in a few moments, we’ll adjourn sine die and go home. And, as we do, I want to just take this opportunity to give everyone a few moments of challenge on some things to reflect on over the course of the next few months. 

So we will, beginning almost immediately, be renovating this House chamber, and this room will be unavailable to us. We will not meet again in this room as a body until we’re convened again for the 2024 regular session of the legislature. Absent something extraordinary, the next time we’ll be together is when we will be convened on the second Wednesday of January 2024, to take up the people’s business in a brand-new year. But there’s a lot of time between now and then, and there’s a lot of decisions to be made. There’s a lot of preparation to be done leading up to that day. 

Since we’re not going to be together, I know it’s late, but I want to take just a moment to reflect on what the last couple days has been for us, how we got here, and where we’re going, where we as a body are headed and where we’re going to take our state. 

You know, we have enjoyed historic budget surpluses over the course of the past couple of years here as a state. And there’s a lot of things that have led to that. There have been prudent decisions made by this body, prudent decisions made by our colleagues in the Senate, prudent decisions made by the executive. We have maintained a baseline flat budget, as we call it now, for years, and that’s unprecedented. When I go around the country and meet with other presiding officers of legislative chambers elsewhere, when many of us attend legislative meetings around the country and talk to our colleagues, that’s unheard of. That doesn’t happen. And we have the right to be proud of ourselves for having done that. We have a right to be proud of having held the line on spending for that time, because it’s what has given us the capacity to make the kind of decisions that we’ve made. 

Over the course of the past couple of years, we’ve made some historic investments in economic development here that have given rise to a lot of new opportunities that will soon begin to bear fruit. We’ve made some historic investments in public and private education. Here in West Virginia, we’ve made some historic investments in the public schools. Those are all things I’m very proud of. I hope they’re things that you’re very proud of. But they’re also things that we shouldn’t take for granted. We will not be in a position to have 10 digit multibillion dollar budget surpluses forever. 

I’m glad that we have been for the past couple of years, I hope that we are again next year. But as the Chairman said, we’ve just gone through a couple of months now in which we haven’t had quite the kind of surpluses that we’ve seen over the course of the past two years, almost every month, for the course of the past two years. We’ve enjoyed seeing those monthly numbers rolled in and see those budget surpluses come in at double digit percentages above revenue estimate. 

That won’t last. We won’t be able to sustain that in perpetuity, which means we have an obligation as a body to think, between now and January 2024, about how we want to use the opportunity that remains for us to make investments in the state and to steer the state in the direction that we actually wish to take it. 

That means thinking deeply about some things. It means taking time between now and January to do more than just react to the bills that are put before us when we convene here on that day. It means thinking about how we actually want to be strategic about the direction that we take West Virginia. Where are we going to go on the second Wednesday of January, what needs to be done between now and then to get us there? 

If we think back over the history of our state, even the very recent history of our state, we faced some really big challenges. And we solved them. We solved them by thinking about how we structure the government. We had a number of unfunded liabilities here in West Virginia that dragged down our bond ratings to some of the lowest in the nation at one point. We overcame that. We overcame that by implementing prudent fiscal policies that let us pay down those unfunded liabilities. 

We’re in the same shape now with one of the best funded rainy day funds in America. I’m proud that we have one of the very best funded rainy day funds in America. How do we sustain that? And how do we structure it going forward? Do we smooth out our contributions to that and make more investments in higher education? Do we make more investments in corrections? Do we make more investments in the public school system? Do we make more investments in economic development? 

I don’t know. But we need to think about that before we convene here on the second Wednesday of January. 

In my very first job out of college, I worked for Commissioner Gus Douglass at the Department of Agriculture, and that’s how I became acquainted, in fact, with the government. It’s how I became acquainted with the legislature. I was sent here by Commissioner Douglass to be the Department of Agriculture’s person who represented that agency in the rulemaking process. Some of you know my love of that committee. That’s where it began. 

So I would go to that committee on behalf of the Department of Agriculture. And Commissioner Douglass has always said to his staff, that the 60-day legislative session is incredibly short, if you’re trying to make something happen, but it’s an eternity if you’re trying to keep something from happening. 

We shouldn’t come here with that mentality in January when we come back with the idea that we’re going to stop things from happening. We need to spend the time we have between now and January, asking the question, What do we want to make happen? What do we want to make happen? 

We can’t wait till January to draft our bills. We can’t wait till January to send our ideas downstairs to bill drafting. We can’t wait till January to work with our committee attorneys and our committee chairs and the staff to get those ideas in a posture that we can be prepared to act on them. On that second Wednesday of January, we have to be ready to do that. And since we’re not going to be together as a body, while we will still have our meetings, we’ll meet again in September, we’ll meet in October, we’ll be in Wheeling together in November, for a wonderful time there. 

We will be together in December, but we won’t be in this room. No delegates will be in this room. There’ll be no legislative business in this room until we convene again on the second Wednesday of January. And I don’t want us to leave here tonight down in the weeds. We’ve been down in the weeds for two days. We’ve been down in the weeds looking at funding numbers, looking at amounts and talking about percentages and talking about amounts to be diverted to the rainy day fund, amounts to be devoted to, or directed to, a litany of things; things that are important, things that are important to many of us. I know that many delegates in the room here asked for things to be placed on this special session call today. And we’ve been able to enact many of those things. That’s good. We’ve been able to do things that are important to our communities. 

But what are we going to do for the whole state? And that’s our responsibility. It’s our job. And our opportunity to do that won’t come around again until we’re together on that second Wednesday of January. 

We’ve seen over $7 billion of investment in West Virginia in the course of the past three years. $7 billion. $7 billion. We’ve achieved a top 10 business ranking for the first time — certainly in my lifetime. We’ve repealed 1,500 outdated or antiquated rules or regulations that many of our constituents in the small businesses in our communities have told us were problematic. 

And we’ve done all that while still creating and preserving the kind of quality of life that we’re all proud of. And that has led other people around the country and around the world to look at West Virginia and be interested in us as a state. I’m proud of that. I’m proud of us for having been able to do that. And I want us to come here the next time we’re together in this room on the second Wednesday of January, prepared to do it again. 

But we’ll only do that if we’ve actually thought about it. We’ll only do that if we’ve actually contemplated where we actually want to take the state. It won’t happen by just showing up and reacting to the bills that we’ve reintroduced. 

We all fill out that form every year, in which we reintroduce the bills that we’ve sponsored the last one to 10-15 years. And many of them are important. And we’ll act a lot of those this coming year. Because it takes time to get some of that legislation right. We’ll do that. But what will we do that will transform it, while we do what will transform the state and actually help us take a step forward. Help us leapfrog the states that we’re competing against as some of the speakers on bills today that you heard. What will we do? What will transform your communities? We have to talk to them. We have to find out from them what will transform those communities.

We have an obligation to come here on that second Wednesday of January prepared to do it. Do we continue to use our surpluses in the way that we have? Or do we do something different with them? I don’t know. I don’t know. But I think we have to collectively decide that because that opportunity won’t continue. We won’t continue to have access to that kind of surplus forever. 

We enacted the largest tax cut in the history of West Virginia just a few months ago when we were here in regular session. That alone is an accomplishment. But it comes at the cost of the budget surpluses that we’ve seen in the course of the past two years. We now won’t be able to do those things. We will have to prioritize our interests in government. I won’t use that acronym, but we do have to prioritize what we think will transform our government, what we think will transform the state of West Virginia. We’ve got an opportunity in 2024 to do that with our colleagues in the Senate, with the executive branch and together here in this room. 

And as we leave here tonight as we adjourn, I did not want us to leave here down in the weeds. I wanted us to leave here thinking about where we’ll be on that second Wednesday of January in 2024. I look forward to seeing you then. 

Mr. Speaker I move this session adjourn, Sine Die.” 

Senate President Craig Blair Transcript

Senate President Craig Blair, R-Berkeley, speaks from the floor.

Credit: Will Price/WV Legislative Photography

“We started out with 44, 45 bills. I think we’ve passed 36 bills. You are to be applauded for the work that you’ve done for the people of West Virginia. 

There’s more to applaud. This doesn’t come easy. This has been three days that didn’t cost the taxpayer an extra cent for us to be here. We did this during the interim time period. But there were bills that were important, things that were important for the people of West Virginia that were being done. So let’s not forget to thank some of the people that can really make this happen. That’s our staff. Stand up. Round of applause for everybody here. Far too often they go unrecognized. And just like a good referee, they are transparent. To be a good official is to be transparent, not be seen. And that’s our staff. And they do a phenomenal job. 

I’m going off script a little bit for just a second to the back of the chamber. We have the Speaker of the House of Delegates Roger Hanshaw. Stand up. Give him a round of applause.

Now I want you to do something else, too. I just witnessed one of the most moving moments in my time in the last 20 years. I listened to the Speaker address his members of the House of Delegates. And it was one of the finest messages that I’ve ever heard. It’s been taken and put up and you will have it on your phones. 

I am not near as articulate as what that man is. But everything he said was spot on. And it applies to us in this chamber as well. And I’m not going to be redundant on that aspect of it. But Mr. Speaker, my hat’s off to you if I had one on. It was excellent. 

You’re talking about us working together to build the best West Virginia that we can possibly have for the people in this state. They deserve nothing less. We’re redefining government, ladies and gentlemen. The Speaker did talk about when we travel throughout this country and throughout this world. Others come up and ask questions about how’re you doing this? How are you doing that in the state of West Virginia? I can remember when those questions were never asked. 

It’s because of your hard work, the hard work of the House of Delegates and the hard work of the executive. And we shouldn’t forget our agencies. Because our agencies are doing something also. Our Board of Public Works are looking at how we can do it better. How can we go from one of the worst states in the nation to how we can be one of the best? And it’s showing. The speaker talked about the top 10 of the business climate, our pension systems – one of the best in the nation. A 21.25 percent tax reduction and that doesn’t include the rebate, not rebate, refundable tax credit for the automobiles, personal property tax. And we’re set to trigger another 10 percent reduction in personal or the personal income tax.

I’ve got all my notes because I was jotting some things down. There was a big debate over there in the House of Delegates here just a few minutes ago and some things were said. But the most important thing that we need to remember on this is that we’re building a better state of West Virginia. My ultimate goal is — and I’m from a growth area. I want to make sure that we got growth areas in every one of your districts, every house member’s district in the state of West Virginia is called success. That’s why we’re all here to make their lives better.

We’ve done something that they said it couldn’t be done. That is our state operated to speed of business, not to speed of government. And I can prove this. We were entertaining, somebody was looking into investing billions that’s going to be in the state of West Virginia the other night, and there was a group that was coming out, that just got done investing in the state of West Virginia. And they’re already here, but they’re doing more. 

They said to me, ‘Craig, we’ve never seen anything like it. Every other state that we go to, what we did in three months in the state of West Virginia, would have taken years in any other state that they currently operate in.’ 

Ladies and gentlemen, that’s why we’re here. That’s why we become attractive by being hungry, hungry for success for our people, hungry for opportunity for our people. 

We’re not a democracy, by the way. We’re a representative form of democracy. And sometimes people forget that. You embody that. You are that representative form of democracy. You hear what your people say, in your districts, you listen. We can’t ever forget that. That word democracy is thrown around way too much. This is the representative form of democracy. And if we remember that, the sky’s the limit for the people West Virginia, and it’s happening. 

There are other times though, because there are still problems in West Virginia. And we’re not turning our backs on it. As the Speaker stands back there, he’s been with us. 

At the end of the session, we knew that we still had issues with corrections. Within, I think it was three weeks, we started having meetings every other week. And then as we got closer to this session, we had them more frequently and we listened. We listened to all involved. And we got, we were trying to find a path forward, a good way. 

Ladies and gentlemen, today, you were at the beginning of the success of straightening out corrections instead of just throwing money at it. Working together to have a better outcome across the board. 

The Fire/EMS issue. We’ve done the band aid that we did for corrections back in 2018 or 2019. That’s not good enough. 

Mr. Speaker, I’m gonna speak for you now because we’ve already done this before. We intend in a matter of the next couple of weeks to start down the same path with Fire/EMS in the state of West Virginia. This is what we did with corrections while not forgetting to keep our eye on the ball on corrections. Now the funny part about it is we have many balls in there. And it takes each and every one of your expertise to come together to help make this successful. And you do not get 100 percent of everything you want. If that was the case, I would have gotten my eyeglass bill this past year, which by the way I looked at my prescription the other day in the code says that it’s at least a year and my prescription says good for one year. Thought or that little plug in there for my bill, for next year maybe.

I’m not gonna go any farther but you should be proud of yourselves.The House of Delegates should be proud of themselves. We should be proud of the work that we’ve done for the people of West Virginia. You in the minority. You’re not excluded, and you know that. We want your input. We want your feedback. We were all in this together. We are Senators in this room. I don’t care where the good ideas come from. If it’s a good idea, we deploy it. And each and every one of you know that I live by that. In my role of having the privilege, the privilege of being the guy that represents your will and helps bring your will to the fruition for the people of West Virginia.

I don’t know how to close better than to say this one thing. As I’ve talked about traveling around the country, I’ve noticed something. It’s time for the people of West Virginia to realize this. They’ve been beat down for a long time. The people outside the state think better than what we think of ourselves. It’s time to dream big. Believe that we can be better, that we can be successful, that we can keep our youth here with gainful employment, and have the best education in the world. 

Notice I dream big. We dream big. We know that we can do it. And failure is not an option. But it’s not a pretty process. Now we’ll close, because I’m not one of the best speakers in the world but Benjamin Franklin, my hero, is hanging up in the office there. And it’s on the bottom my stationary in one of his quotes was, ‘Well done is better than well said.’

Ladies and gentlemen in this room. You do it well, it’s well done. Thank you.”

Former Lawmaker, Chief Justice Warren McGraw Has Died

Longtime West Virginia democratic legislator and jurist Warren McGraw, who suffered from Parkinson’s Disease, passed away Wednesday at the age of 84.

This is a developing story and will be updated.

Story updated on June 15, 2023 at 11:43 a.m.

Longtime West Virginia democratic legislator and jurist Warren McGraw, who suffered from Parkinson’s Disease, passed away Wednesday at the age of 84. The brother of former Attorney General Darrell McGraw, he resigned from his position at Wyoming County Circuit Court Judge in May 2021 due to the onset of the disease, 

McGraw began his political career in 1968 when he was elected to the West Virginia House of Delegates, serving there until 1972. He was then elected to the West Virginia Senate in 1972, serving three consecutive terms. During his third term, McGraw was then elected (twice) 44th Senate President.

After his service in the West Virginia Legislature, McGraw returned to Wyoming County to practice law where he was elected to the Board of Education in 1986 and later as Prosecuting Attorney in 1996. In 1998 McGraw successfully campaigned for an unexpired six-year term in the West Virginia Supreme Court of Appeals. He served as Chief Justice in 2001.

In 2008 and 2016 McGraw successfully ran for Wyoming County Circuit Court Judge, which he won both times and received over 80 percent of the vote.

Senate President Craig Blair, R-Berkeley, released this statement on the passing of former Senate President and Justice of the Supreme Court of Appeals Warren McGraw:

Though he may be most remembered for his public service as a Justice of the Supreme Court of Appeals, Justice McGraw proudly served the people of Wyoming County as their Senator, and he never forgot his deep, proud southern West Virginia roots. On behalf of the entire West Virginia Senate, I send my prayers to the family and friends of former Senate President Warren McGraw during their time of sorrow.”

Wyoming County Circuit Court Judge Mike Cochrane said McGraw was a small-town lawyer who went on to big things, but never wavered from his principles.

“He cared about the underprivileged and wanted to make sure that each and every citizen got an equal shot at life,” Cochrane said. “He was very generous with his time and cared about everybody. As a judge, he was very fair and his decisions were always people generated, and in the best interest of justice.”

West Virginia Democratic Party Chair, Del. Mike Pushkin, D-Kanawha, released this statement on McGraw’s legacy.

“Warren McGraw never forgot that a society is measured by how it treats its most vulnerable members. From school board to the state legislature to his time on the Supreme Court, he fought with every ounce of his ability to improve the lives of the poor, and those struggling to make a better life for themselves and for their families. We extend our deepest condolences to his friends and family during this difficult time.”

Cochrane said McGraw was an active U.S. Attorney during the civil rights movements of the1960s and a stalwart of the West Virginia Democratic Party. 

“When I was prosecutor, his wall was decorated with pictures of famous people,” Cochrane said. “Robert Kennedy was down here and Judge McGraw took him around the county, probably a month before he was assassinated. He had a picture of Hubert Humphrey, of Jesse Jackson and a couple of Jimmy Carter in there. He was one of the last, of the really, Kennedy-Johnson era type Democrats.” 

Senate President Proposes Death Penalty For Fentanyl Wholesale Distributors

State Senate President Craig Blair, R-Berkeley, said he plans to draft legislation that calls for the death penalty after conviction for the illicit manufacturing or wholesale distribution of the illicit drug fentanyl.

This is a developing story and may be updated.

Updated on April 18, 2023 at 8:13 a.m.

A sentence was removed on April 18, 2023 at 10:04 a.m due to a lack of verification

State Senate President Craig Blair, R-Berkeley, said he plans to draft legislation that calls for the death penalty after conviction for the illicit manufacturing or wholesale distribution of the illicit drug fentanyl. 

“It’s devastating our children, it’s devastating our schools, exhausting our teachers, overwhelming our foster care system, stressing out emergency services, our hospitals, our law enforcement and more,” Blair said. “And worst of all, it’s destroying our families and our communities.”

The DEA defines fentanyl as a potent synthetic opioid drug approved by the Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. It is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic. An Associated Press report notes that since 2000, West Virginia has had by far the highest rate of opioid-related deaths in the nation. Blair said the deadly inclusion of fentanyl into other drugs is pervasive and growing.

He said capital punishment would be the ultimate deterrent for those bringing fentanyl into West Virginia.

“Most of the time, these people aren’t addicts that are actually manufacturing and or distributing on the wholesale level,” Blair said. “What they’re doing is they’re just making profits off the very people that are addicted to it. I want to tell everybody that is actually using heroin and fentanyl that it’s time to get help, get clean, or get out of the state of West Virginia.”

Blair said there would need to be a line of demarcation defined between a street user and a distributor. Currently, W. Va. Code § 60A-4-414 says:

(1) If the net weight of fentanyl involved in the offense is less than one gram, such person shall be imprisoned in a correctional facility not less than two nor more than ten years.

(2) If the net weight of fentanyl involved in the offense is one gram or more but less than five grams, such person shall be imprisoned in a correctional facility not less than three nor more than fifteen years.

(3) If the net weight of fentanyl involved in the offense is five grams or more, such person shall be imprisoned in a correctional facility not less than four nor more than twenty years.

“A pound of fentanyl would kill every person in any given county in this state,” Blair said. “So yes, you’re gonna have a line of delineation. I’m not looking for the guy on the street, that’s a drug addict who can get help.” 

West Virginia abolished the death penalty in 1965, the last execution was in 1959. Blair says reinstating capital punishment for manufacturing or wholesaling fentanyl could come with legislation.

“The legislature would actually have to pass a statute,” Blair said. “There’s nothing in our constitution that prohibits it. And I wouldn’t even be opposed to putting a constitutional amendment on the ballot and doing it.”

Blair said those found guilty under his bill should be put to death by a lethal injection of fentanyl. 

He said he will spend the next couple months putting a comprehensive plan together on a death penalty bill for fentanyl wholesale distribution, with a goal of setting a national example.

“With this law, West Virginia will become a leader once again in the nation on how we’re dealing with the problems that we have in this state,” Blair said. 

New WV-ACLU President Danielle Walker issued the following statement regarding Blair’s death penalty proposal:

The death penalty is state-sanctioned murder, period. West Virginia wisely abolished this form of cruel and unusual punishment nearly 60 years ago, and there is no reason to resurrect it now. There is no evidence that capital punishment deters crime and plenty of evidence that it kills innocent people. The ACLU will use every tool at our disposal to make sure the death penalty never returns to West Virginia.

A Forest Project And Senators Reflect On 2023 Legislative Session On This West Virginia Morning

On this West Virginia Morning, with the 60-day legislative session over, lawmakers 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. Chris Schulz covered the Senate all session and has one last look at the chamber’s activity.

On this West Virginia Morning, with the 60-day legislative session over, lawmakers 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. Chris Schulz covered the Senate all session and has one last look at the chamber’s activity.

Also, in this show, the Allegheny Front, based in Pittsburgh, is a public radio program that reports on environmental issues in the region. We listen to their latest story about the “sunny oaks project” in Ohio and clear cutting.

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 West Virginia University, Concord University, and Shepherd University.

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

Update: Minimum Marriage Age Becomes Law

As it was originally passed in the House of Delegates, House Bill 3018 establishes 18 as the age of consent for marriage and removes the ability of an underaged person to obtain consent to marry through a guardian or courts.

Friday night, the Senate took up the bill and changed the minimum age to 16 but also added that there could not be more than 4 years age difference between the two people.

Updated on Saturday, March. 11, 2023 at 6:40 p.m.

After being revived in the final hours of the 2023 Legislative session, House Bill 3018 was amended by the Senate Friday night to allow those 16 years and older to be married, with limitations.

Saturday evening the House of Delegates accepted those amendments without debate and passed the bill with a vote of 83 yeas, 9 nays and 8 absent or not voting.

Original Post:

As it was originally passed in the House of Delegates, House Bill 3018 establishes 18 as the age of consent for marriage and removes the ability of an underaged person to obtain consent to marry through a guardian or courts.

Under current law, 16 and 17-year-olds can marry with parental consent and anyone under the age of 16 can be married in West Virginia with a certificate from a judge.

Friday night, the Senate took up the bill and changed the minimum age to 16 but also added that there could not be more than 4 years age difference between the two people. This change was specifically to stop older men from grooming teenage girls for marriage.  

During discussion of the bill Thursday night, Sen. Mike Woelfel, D-Cabell, shared his own experience of helping a woman who had been married in 8th grade get a divorce. On Friday, he discussed the financial pressures young couples can face, and countered personal stories shared by other Senators of happy endings for young marriages.

“Yes, many years ago – 20, 30, 40, 50 years ago, things were a bit different,” Woelfel said. “There are family pressures, there are financial pressures, but not all stories end that way. I recall reading about a very young couple that got married. The pressure of their situation was so intense, he committed suicide and she stabbed herself with his dagger. This is not a new problem.”

West Virginia has the highest rate of child marriages in the country, and Woelfel said that with most of those marriages happening with 16-year-olds and 17-year-olds, the amendment would not significantly address the issue.

Woelfel was ultimately the only no vote on the bill as it passed the Senate because he wanted to keep to the House’s original age of 18. 

Sen. Mike Stuart, R-Kanawha, also stood in support of the bill, but said the issue had been blown out of proportion by the national media. 

“I said my goodness, if West Virginia is so far outside the norm, if those folks are playing politics with this issue, I said I better take a look at what the rest of the country does on this subject,” Stuart said. “In the U.S. an individual can marry without parental consent at the age of 18 in all states except Nebraska, where the age of consent is 19. Most states have a minimum marriage age for minors with parental consent ranging from 12 to 17 years old, California, Mississippi don’t have minimum ages.”

He also cited statistics from the Director of Vital Statistics that showed there were only six marriages of 14-year-olds and 15-year-olds in West Virginia between 2012 and 2021, all to people aged 21 or younger.

Sen. Charles Trump, R- Morgan, gave several examples of concerning age disparities in marriages in West Virginia.

“On the far right side of the chart, there was one 16 year old girl who married a 40 year old male and one who married a 49 year old male. A 16 year old girl marrying a 49 year old male in West Virginia,” he said. “This amendment, if it becomes law, will prevent that. The amendment says you can’t marry anybody who’s more than four years older than you are.”

The amendment passed on a voice vote. 

The bill had a contentious route to pass, and was considered dead in the Senate Judiciary Committee Wednesday, before being revived and returned to the Senate floor by a procedural motion Thursday night.

House Bill 3018 now returns to the House of Delegates for its consideration of the Senate’s amendment.

Lawmakers Approve Gender-Affirming Health Care Ban, With Exception

House Bill 2007 was the last bill taken up on the floor of the Senate Friday night, and was amended to provide an option to healthcare providers and families.

The House of Delegates passed an amended version of House Bill 2007 Saturday that restricts gender-affirming medical care for transgender youth, but carves out an exception for some treatment.

Late Saturday, the Senate voted 30-2 to give the bill its final approval.

HB 2007 bans gender-confirmation surgeries for minors, which experts have said are rare or nonexistent in West Virginia and other states. The House last month passed a version with no exceptions for hormone therapies and puberty blockers.

However, the Senate amended the bill Friday night to create a narrow path for minors to receive such treatment, with the endorsement of doctors and parents.

On Saturday, the House approved the amended bill on a vote of 88-10.

Del. Ric Griffith, D-Wayne, spoke in favor of the amendment and the bill.

“And like I said, you know, I think about this, and the votes we take on this will show up next November. But I keep thinking which is more important. These children, or how we’re perceived by our voters, and the lives of these children, are critical for us to protect and this is a very narrow allowance for there to be an exception when the medical profession believes it’s in the best interests of preventing a suicide for these young people, so I urge adoption of the amendment.”

The amendment followed testimony from doctors, parents, counselors and religious leaders who spoke against the bill, followed by a protest Thursday at the Capitol by LGBTQ rights groups.

Regardless of medical or parental opinion, HB 2007 has been hotly contested since the early days of the session and has sparked public hearings, rallies and lengthy floor discussions. 

The bill originated with the purpose of banning gender affirming surgery for minors, something that medical experts testified in committee meetings is almost never done, and was later amended to include all forms of hormone therapy for minors as well. 

House Bill 2007 was the last bill taken up on the floor of the Senate Friday night, and was amended to provide an option to healthcare providers and families. One complaint about the bill is that lawmakers didn’t listen to experts in the field when it was drafted, making some doctors on the relevant committees uncomfortable. 

Senate Majority Leader Sen. Tom Takubo, R-Kanawha, who is a doctor, introduced an amendment to allow hormone treatment under certain circumstances when a person has  a sense of unease because of a mismatch between their biological sex and their gender identity, a condition known as gender dysphoria.

“Patients with severe gender dysphoria, which is an extreme psychological illness, these kids struggle, they have incredible difficulties,” Takubo said. “What the section did was gave very strict guardrails so that the rest of the bill was left alone that talked about not being able to use the medicines just to create all these external changes, but instead it says that they can only be used in very specific situations.”

First, two distinct medical professionals, one specializing in mental health, must diagnose an individual with gender dysphoria. Second, the medical professionals must give a written opinion that hormonal therapy is medically necessary. Third, the patient’s parents or guardians, as well as the patient’s primary care provider, must all agree in writing that hormone treatment is the best course of action and finally, only the minimum level of hormones to treat the condition may be used.

Takubo went on to cite 17 peer-reviewed studies to dissuade concerns that hormonal therapy is not supported by the data. He began with a study in the New England Journal of Medicine, which he called, “almost one of the Bibles of medical studies.”

“What they did is they tested early treatment versus trying to wait because that’s the question, ‘What if we just wait till they’re adults to do this?’ When you wait, and the patient is already suffering from severe psychological psychosis, the incidence of depression was markedly higher,” Takubo said. 

He went on to highlight the statistical significance of early treatment for gender dysphoria.

“The p value for the changes of what it did in severe depression, it had a p value of .001. If this was a surgery or cancer treatment, there would be no question,” Takubo said.

Sen. Mike Maroney, R-Marshall, also a doctor and the chair of the Senate Health and Human Resources Committee, stood in favor of the bill and extended Takubo’s comparison to cancer treatment.

“If it was a chemotherapy drug for lung cancer, you change the treatment the next day because it works better. But because it’s something we don’t quite understand, legislators can step in and tell experts across the nation and the world how to treat 30 patients that have a psychiatric condition,” Maroney said. “That is such a bad precedent to set.”

Several Senators, including Sen. Mark Maynard, R-Wayne, and Sen. Eric Tarr, R-Putnam, stood to oppose the amendment. Sen. Mike Azinger, R-Wood, provided the most animated opposition to the amendment. He said the nature of gender was “self-evident” and that giving children hormones to change their sex was “self-evidently” wrong. Azinger quoted a speech by Mississippi Gov. Tate Reeves about “a dangerous movement sweeping across America today.”

“It’s trying to convince our children that they are in the wrong body. This dangerous movement attempts to convince these children that they’re just a surgery away from happiness. It threatens our children’s innocence and it threatens their health,” Azinger read. 

“It’s self-evident that you do not, you do not chop up a child just try to prove that you can change their sex. You do not interrupt the natural course of childhood, growing into a young person by blocking their puberty, the natural course of events,” Azinger concluded.

Woelfel stood in favor of the bill and the amendment, and pointed out the irony that Senators who just minutes before had spoken about protecting children from predators would now go against science proven to protect children’s healthcare. 

“Moments ago by vote of 32 to 1 this body decided that 16 and 17 year old kids with their parents could make a major life altering decision to get married,” Woelfel said. “I just can’t fathom that some legislator would want to get in the middle of that doctor – patient, parent – child relationship.”

Woelfel also pointed out that similar bills in Alabama and Arkansas were found to be either partially or wholly unconstitutional. 

The amendment passed 20 to 12, with two Senators absent.

Sen. Patricia Rucker, R-Jefferson, also proposed an amendment that would establish reporting requirements for the prescription of “gender altering medication.”  The amendment was deemed to not be germane to the bill and was dismissed.

The Senate’s final vote to pass the amended bill was 30 to 2, with two Senators absent. Sen. Mike Caputo, D-Marion, and Sen. Robert Plymale, D-Wayne, were the two votes against the bill.

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