From the Well | January 24, 2024

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

State Capitol

January 24, 2024

West Virginia News Headlines

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ELECTIONS: The House Judiciary Committee passed Committee Substitute for House Bill 4017 to clarify that online registration ends at 11:59 p.m. on the last day of voter registration and at the close of the business day at the offices of the County Clerks.

CANDIDATE VACANCY: House Bill 4350, passed by the House Judiciary Committee, prohibits the filling of a vacancy for a candidate to an elected office after the time is closed for announcing as a candidate.

HEALTH CARE: The House Committee on Prevention and Treatment of Substance Abuse amended legislation to prevent drug manufacturers from denying, restricting, or prohibiting the acquisition of 340B drugs by covered entities unless prohibited by the U.S. Department of Health and Human Services.

ADVOCACY: The House Government Organization Committee adopted legislation that modifies state’s Ethics Act provisions relating to lobbyists and lobbying.

ALCOHOL: The House of Delegates passed a to allow individuals to produce moonshine at home.

LIBRARIES AND OBSCENITY: A public hearing in the House of Delegates Wednesday focused on proposed legislation to open public and school libraries to felony charges for the display or dissemination of obscene material.

Relating to training of county prosecuting attorneys

Committee Counsel said the legislation allows newly elected or newly appointed prosecuting attorneys to participate in training provided by the Prosecuting Attorneys Institute.

Committee Counsel noted the Institute’s training for Prosecuting Attorneys is ongoing, and newly elected or newly appointed prosecuting attorneys are able to participate in those sessions.

The fiscal note shows no costs, according to Committee Counsel, because the Prosecuting Attorneys Institute provides “ongoing” training.

The Committee voted to ask the Senate to waive the bill’s second reference to Senate Finance.

Commissioner Worley outlined the Bureau’s mission to advocate for in-home and community-based senior services and be good stewards of funds. She said the state is divided into four regions served by Area Agencies on Aging (AAA’s) and described the independent nonprofit structure of senior centers.

She then reviewed the Bureau’s various funding sources in detail, including the general revenue fund, West Virginia Lottery funds, federal grants, and a proposed $20 million budget surplus. She explained how funds are passed through different agencies and programs. Specific programs highlighted were nutrition, transportation, education, Medicaid waiver services, respite care, and more.

Following her presentation, Senator Randy Smith of Tucker County commended Commissioner Worley and her staff for their work and passion for seniors. He expressed concern for underfunding of senior programs in West Virginia and appreciation for the services centers provide.

Other Committee members asked questions, inquiring about wait lists for services, cash reserves at centers, vehicle inventories, and sustainability plans if one-time funding ends.

Commissioner Worley committed to providing more detailed data and emphasized planning to meet needs long term.

Finance Chairman Eric Tarr of Putnam County also asked about legal fees related to the certificate of need court battles with private in-home care providers, but Commissioner Worley clarified the Bureau is not involved in those matters.

Click here to watch BOSS Commissioner Worley’s budget presentation.

To modify certain election laws, early voting laws, and absentee voting laws

The bill also makes it a misdemeanor for any person to intentionally coerce or offer payment in exchange for a registration application from any person. Upon conviction, that person shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.

The Committee discussed what coercion would be and whether a registration drive could give a bottle of water or candy to people when they registered. Counsel opined that it would probably not be legal under the bill.

Language that referred to early voting as absentee is cleaned up in the bill.

Relating to appointment of candidates after filing period

The Committee passed an amendment that party executive committees could appoint candidates to be on the ballot if no candidate from any party has filed to run.

Delegate Evan Hansen of Monongalia County spoke generally against both bills at the Committee’s conclusion, saying they discourage voting and registration and discourage people from running for office.

Relating to the distribution of drugs to safety net providers and contract pharmacies

The Committee first-referenced the bill to the Committee on Health and Human Resources.

The amendment aims to prevents drug manufacturers from denying, restricting, or prohibiting the acquisition of 340B drugs by covered entities unless prohibited by the U.S. Department of Health and Human Services. It also prevented manufacturers from requiring claims or utilization data.

Counsel discussed penalties for violations and the board of pharmacy’s ability to investigate complaints. The Committee requested an expert to discuss 340B programs.

Karen Bowling, Executive Vice President of Government Affairs for West Virginia University (WVU Health Systems), spoke on behalf of hospitals to explain what 340B is and how the discounts work. She discussed how the savings are used to support services.

She provided information about how many people the organization has helped. She shared statistics on the number of active participants, individuals who completed expungement, were employed, obtained driver’s licenses, graduated from the program, their average salaries, total combined annual salaries, individuals no longer receiving SNAP benefits, and partnerships with other organizations.

She also shared statistics on partnerships with organizations, such as Legal Aid of West Virginia, adult education programs, and First Choice Services.

Making revisions in statutory sections of law relating to lobbyists and lobbying 

The Committee also adopted three amendments proposed by Delegate Kayla Young of Kanawha County. House Bill 4759:

·     provides the Ethics Committee with authority to make rules or operate under statutory provisions (existing law mandated rulemaking);

·     removes the ability of the Commission to issue a rule regarding registration of persons exempt from lobbying requirements;

·     revises language relating to a lobbyist providing a photograph that meets specifications established by Commission rules;

·     strikes language allowing the Commission to establish rules relating to fees for lobbyists’ training;

·     establishes revised reportage for grassroots lobbying to include all expenditures made or incurred to date on behalf of the campaign, which totals shall be segregated according to financial category, including, but not limited to, the following: advertising, segregated by media, and, in the case of expenditures over $5,000 by outlet; contributions; entertainment, including meals and beverages; office expenses, including rent and the salaries and wages paid for staff and secretarial assistance or the proportionate amount thereof paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses.

The current Commission rule applied to reporting large expenditures, which Committee Counsel said were determined on a “case-by-case” basis.

Delegate Young’s amendments, as adopted by Committee, were:

·     require lobbyists to provide information that includes the date in which the lobbyist was hired or contracted to represent an employer or employers;

·     direct the Commission to maintain a search PDF database of registered lobbyists updated in the manner determined by the Commission;

·     provide statutory language clarifications.

Delegate Young said the searchable PDF database aids in “transparency” because some lobbyists register after the Commission publishes its hardcopy listing of lobbyists. Data is also online.

Relating to moonshine

Click here for more information.

Delegate Doug Smith of Mercer County introduced House Bill 4793, which states that anyone 21 or older can create alcoholic beverages in their own homes. However, they can only produce it for personal use or for family members.

The bill also sets limitations on the quantity of alcohol that can be produced annually. Homes with two or more adults aged 21 or above can produce a maximum of 50 gallons per year. If there’s only one adult aged 21 or above, the limit is 25 gallons per year. The law prohibits the sale of homemade alcohol. It cannot be sold or even offered for sale.

The bill passed the House 49-48 votes. The Senate will now review the bill.

The House Judiciary Committee has held off on considering the bill until after the public hearing.

WVMetroNews reported that about half of the speakers favored the move. The other half warned that opening up libraries to potential prosecution would result in a chilling effect. Click here for WVMetroNews coverage.

Removing exemptions from West Virginia’s obscenity law could expose library representatives to felony penalties resulting in up to $25,000 fines or up to five years in jail.

Federal obscenity laws generally follow a three-pronged test, including whether a reasonable person finds the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

“You may not like it, but it does not mean we should be censoring it,” said Eli Baumwell, Interim Executive Director of ACLU West Virginia.

The public hearing allowed speakers on each side of the issue to cited book that they believe could be affected by the possible law. Most of the books cited by supporters of the potential felony liability included passages with explicit sexual descriptions.

20th Day: January 29, 2024 — Submission of Legislative Rule-Making Review bills due

35th Day: February 13, 2024 — Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions

41st Day: February 19, 2024 — Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills and does not apply to Senate or House resolutions or concurrent resolutions

47th Day: February 25, 2024 — Bills due out of committees in house of origin to ensure three full days for readings

50th Day: February 28, 2024 — Last day to consider bill on third reading in house of origin; does not include budget or supplementary appropriation bills

60th Day: March 9, 2024 — Adjournment at midnight