From the Well | February 22, 2023

It is the informal gathering place for lobbyists, reporters, constituents and lawmakers.

Centrally situated between the chambers of the House of Delegates and Senate,

The Well is where information is often shared, alliances are formed, and deals are made.

86th West Virginia Legislature

Countdown: 17 days to go

February 22, 2023

“When it makes its way to my desk and everything, I will approach it in a very positive way,” Governor Justice said during a briefing Wednesday.

The House of Delegates voted to divide DHHR last week.

The three agencies would be the Department of Health, Department of Human Services, and Department of Health Facilities.

House Bill 2006 does some rearranging of departments that have been within DHHR.

Click here to read more from WVMetroNews.

Joseph Overbaugh, COO of Fission Cycles in the Parkersburg area, told the Committee the U.S Department of the Interior’s order 3376 directed all public lands to be open to all classes of e-bikes. The goal of the bill is to align the state with the Department of Interior’s rule.

Earlier during the session, the Director of the West Virginia Division of Natural Resources and the Chief of State Parks told members of the House of Delegates that both agencies are open to afford e-bike riders of all classes the privileges that riders of traditional bicycles enjoy.

The bill now heads to the full Senate for consideration.

The certificate of announcement form will state the qualifications for an office, such as residence and all statutory and constitutional requirements of that office. It will include a sworn statement that the candidate meets the eligibility requirements. The candidate must sign it.

When a vacancy occurs on a ballot, the bill sets a deadline that the matter must be fully adjudicated by the deadline for absentee ballots to begin being distributed.

The Executive Committees of each party may replace candidates only if the withdrawal of a candidacy is for good cause, such as disqualification or death. The Secretary of State will have some discretion in determining good cause. Senator Ryan Weld of Brooke County proposed an amendment that was adopted. It added being called up for military duty as good cause for a candidate’s withdrawal.

Senator Michael Woelfel of Cabell County proposed an amendment to add a specific statement in the certificate of announcement that the candidate met the requirement of living in the district for one year preceding the general election. It applies to candidates for both House of Delegates and state Senate. The amendment passed.

Donald Kersey, General Counsel for the Secretary of State, said, “We will no longer have uncertainty on the eve of an election whether a candidate is eligible or not.”

Committee members had several questions about federal law, missing in action personnel, and the Department of Defense, but Committee Chair Roy Cooper of Summers County reminded members that the bill simply allows County Clerks to provide records to family members if needed.

Delegate Mike Pushkin of Kanawha County added an example, saying that if a veteran is ill or disabled and cannot request the discharge records known as DD 214, a spouse, child, parent, or grandchild would be able to access the document.

The bill is second-referenced to House Judiciary.

Originally, the portion of county transfer tax that was required to be sent to the state was being phased out by 2030. The bill accelerates the phase-out, which is to be completed by fiscal year 2026 (July 1, 2025).

Asked about the fiscal note, Counsel explained the fiscal note accompanying the bill stated a loss of revenue to the state that was always coming out, but it simply has been accelerated.

House Bill 3042 forbids “excessive governmental limitations on exercise of religion” in West Virginia.

Committee discussion ran the gamut: Will HB3042 impact state economic development efforts to attract Fortune 500 companies that have extensive employment diversity policies?

Does HB3042 promote variants of Christian “triumphalism?”

Does HB3042 erode protections of persons who practice minority faiths and LGBTQ or “peripheral communities”?

Can medical professionals, based on religious convictions, deny medical care?

The measure was approved overwhelmingly.

Bill supporters said the legislation, rather than impeding business investment, could attract retailers and that, rather than eroding freedoms, guaranteed in both the federal and state constitutions, HB3042 requires government entities to demonstrate “compelling reasons” for actions that affect religious practice — actions that must be applied by the “least restrictive means.”

Vice Chairman Tom Fast of Fayette County provided the Committee statistics from the U.S. Department of Commerce, which he said show states having initiated so-called “religious freedom laws” had economic development gains.

The introduced bill included numerous definitions, although the substituted bill is abbreviated. Committee Counsel said the bill refers to sections of code relating to abortion and pregnancy, as well as application of “blanket laws” that governments in some states applied during the COVID pandemic, resulting in shuttered churches while businesses remained open.

Bill sets 18 as age for marriage

House Bill 3018 sets 18 as the age a person can acquire a marriage license in West Virginia.

The Committee adopted an amendment that Delegate Brandon Steele of Raleigh County proposed to ensure marriages occurring in other jurisdictions will be honored despite the couple’s ages when obtaining a marriage license.

Some Committee members stated couples still could wed despite the age 18 requirement, although the marriage could be voidable by one of the partners.

Delegate Joey Garcia of Marion County said the divorce rate for couples under the age of 18 who marry is 80%.

Bill creates ‘Safe Haven Baby Boxes’ program

An originating bill allows newborns to be placed in “Safe Haven Baby Boxes” situated in external areas of fire stations, hospitals, or medical facilities that denote program participation.

According to House Judiciary Committee testimony, an alarm will alert personnel in those facilities when a newborn is placed in the Baby Boxes, which cost about $11,000 each. Once retrieved from the Baby Box, the newborn is to receive medical care.

According to lead sponsor Delegate Stephen Westfall of Jackson County, Kentucky recently passed similar legislation. Delegate Westfall said House Finance had agreed to place $700,000 in one-time funds for each county to have one “Safe Haven Baby Box” site.

He said 10 newborns have been documented as being placed in 122 boxes throughout the country.

House Bill 3363 brings state law into compliance with the federal Law Enforcement Officers Safety Act (LEOSA) by clarifying correctional officers are, for purposes of the state, considered law enforcement officers and that, while not required to attend the state Police Academy, they are to receive requisite training.

House Bill 3271 requires audio-recording devices in restrooms of self-contained special-needs classrooms. Video recordings of those classrooms have been required since 2020. Craig Bowden, parent of a special-needs student, said abuse of special-needs students can occur in bathrooms, which he described as “dead spots” because video cameras aren’t rightfully installed there. The measure is projected to cost $210,000 for the identified 421 bathrooms in self-contained classrooms.

House Bill 3432 clarifies that when two or more bills amending the same statute are passed during the same legislative session, the “form of the statute in the enrolled bill passed latest in time shall control.” The bill also states statutes are “to be read as a whole, in context, and, if possible, the court is to give effect to every word of the statute.” House Bill 3421, a related measure, recodifies 13 sections of law to ensure their provisions are correct in terms of placements for statutory references

“I’m not running for President of the United States,” Manchin told WVMetroNews during a radio interview broadcast from the State Capitol in Charleston, West Virginia.

The two-term senator and former governor of the state wouldn’t say, however, if he had decided to run for re-election to the U.S. Senate.

Click here to read more from Fox News.

47th Day — February 26: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day — March 1: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills.

60th Day —  March 11: Adjournment at midnight.