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

October Special Session and Interim Meetings

State Capitol

Charleston

October 6-8, 2024

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DRUG PENALTIES: Counsel for the Joint Judiciary Legislative Interim Committee explained draft legislation that would enhance penalties for simple possession of a controlled substance that is classified as a Schedule I or II narcotic drug or methamphetamine.

PRENATAL DRUG EXPOSURE: Dr. Stephen D. Loyd, M.D., newly appointed Director of the West Virginia Office of Drug Control Policy for the state Department of Human Services (DoHS), told the Legislature’s Joint Committee on Children and Families about reducing prenatal drug exposure.

PEIA COSTS: Citing increases in medical and drug expenses, the state Public Employee Insurance Agency (PEIA) is proposing significant premium increases and additional out-of-pocket costs for the coming fiscal year.

DELEGATE RESIGNS: Jefferson County Delegate Paul Espinosa resigned from the House after 12 years of service.

Legislature passes income tax cut, adjourns

Child care tax credit also OK’d

The Legislature also approved legislation that provides a tax credit parents who need child care.

Click here to read more from WVMetroNews.

Click here to see the Senate’s report. Here is an account from the House of Delegates.

Joint Committee considers drug penalties

The presentation generated many questions, particularly from legislators who are attorneys, regarding court procedures, potential jail costs for counties, and prison costs for the state.

In summary, the bill that is based on Senate Bill 154, which did not pass during the 2024 session, Counsel said the draft bill creates a reducible penalty offense and adds several elements that were not in SB154. The word “knowingly” regarding fentanyl was removed because prosecutors said it is hard to meet that standard.

Simple possession, a misdemeanor, would increase from 90 days to up to six months in jail to three months to no more than three years under the bill. A second offense within five years would be a felony, but it would reset to a misdemeanor if more than five years passed. The second offense could be reduced to a misdemeanor to allow for alternative sentencing, such as drug court.

Counsel did acknowledge that would be an increase in incarceration when the penalty is raised. Delegates Joey Garcia of Marion County and Brandon Steele of Raleigh County and others, in a bipartisan exchange, raised concern about county jail bills because those convicted of misdemeanors are sentenced to regional jails.

Delegate Steele said the bill would result in an unfunded mandate for counties because a three-year misdemeanor is created. Delegate Garcia noted the increase in the criminal penalty was about six times the current maximum penalty. Counsel also agreed the bill would add to the workload of Circuit Courts.

The next draft bill presented would enhance penalties for negligent homicide. Counsel told the Committee that West Virginia currently has three statutes: negligent homicide, DUI causing death, and electronically distracted driving causing death. Negligent homicide is a misdemeanor with a maximum sentence of one year.

The draft bill adds an aggravated vehicular homicide felony offense that carries imprisonment and/or a $20,000 fine. That language is mirrored for school zone and construction zone incidents that result in death within a year of occurrence.

Wood County Prosecutor Pat Lefebure spoke in support of the draft bill.

“We are one of four states that do not have a felony level for vehicular homicide,” he said. He provided local examples, including a rash of individuals who are passing school buses.

“That’s a very serious crime,” he said, adding that it is currently only a misdemeanor in West Virginia.

The final draft legislation presented would amend the Electronic Interception Act to address Supreme Court opinions regarding use of police body cameras.

Panel learns about prenatal drug exposure

In the 25-minute presentation, Dr. Loyd, former opioid czar and director of Tennessee’s Substance Abuse Services office, commended West Virginia’s efforts and approaches to prenatal drug exposure. He reiterated earlier comments he made about the state’s framework, structure, and approach to prenatal drug exposure.

He mentioned three areas of emphasis to address substance-exposed infants:

·    Increasing awareness, use, and availability of long-acting reversible contraception (LARC) methods, such as the intrauterine device (IUD) and the birth-control implants, which he noted are highly effective in preventing pregnancy. (He prefaced his comments by saying about 50% of pregnancies in the United States are “unintended,” although he said the number climbs to “99.999%” among pregnant mothers who are involved in substance abuse.

·    “Tying together” West Virginia’s existing services for unwed mothers.

·    Addressing stigma.

Dr. Loyd said West Virginia leads the nation in Neonatal Abstinence Syndrome (NAS) and Intrauterine Substance Exposure (IUSE), with NAS affecting 6.7% percent of births and IUSE affecting 8.8% of births.

While NAS cases have declined since their peak in 2017, IUSE rates continue to rise, reflecting national trends, he said.

He said the difference between NAS and IUSE, although both are caused by substance abuse during pregnancy, is that NAS can be treated more easily.

“Addressing the issue of substance-exposed infants is not only a priority for the Office of Drug Control Policy but also a vital step in securing a healthier future for West Virginians. By increasing the utilization of treatment programs and preventative services, we can begin to turn the tide on this epidemic and protect the most vulnerable among us,” Dr. Loyd said.

Dr. Loyd cited several DoHS interventions and their effectiveness, noting West Virginia leads the nation in terms of programs and services, including many local or regional programs.

Among the programs cited were:

Maternal Risk Screening: The West Virginia Prenatal Risk Screening Instrument (WV PRSI) is a mandatory tool administered during a woman’s first obstetric visit, ensuring early identification and referral for high-risk conditions, including substance use.

Drug Free Moms and Babies (DFMB): The DFMB program is administered by the West Virginia Perinatal Partnership and integrates medical and behavioral health care with comprehensive recovery support services. The program’s impact is evident, with 74.9% of participants testing positive for substance use at baseline and 64.2% testing negative at delivery.

Residential Treatment: Seven residential treatment programs across the state provide specialized care for pregnant women, mothers, and their children, offering a safe environment for recovery. The programs are in Cabell, Wood, Fayette, and Kanawha counties.

Home Visitation Programs: Available at no cost to families from pregnancy through age 5, the programs include evidence-based models, such as Parents as Teachers and Healthy Families America, providing critical support to new and expecting mothers.

Describing his experience with substance abuse, Dr. Loyd said a major aspect of interventions is stigma or efforts to punish mothers-to-be either by eliminating drugs such as methadone for use with the condition or, he said, the lack of programs or the use of traditional rather than innovative approaches, especially for LARC, or attempts by health care providers and medical personnel and policymakers to “drive the problem underground.”

At the conclusion of the meeting, House Co-chair Margitta Mazzocchi of Logan County commended Dr. Loyd, saying his presentation focused on responsibilities of those involved, including the medical profession, policymakers, and expectant mothers and “for all of us to be compassionate.”

PEIA discusses hike for government workers

WVMetroNews reported on Tuesday that public employees in the plan could face premium increases of 14% for the state fund or 16% in plans for local governments.

The PEIA Finance Board discussed the proposed increases Tuesday afternoon.

Click here to read more from WVMetroNews.

Delegate Espinosa leaves House seat

Delegate Espinosa lost his primary run for a Senate seat earlier this year. He was elected to the House in 2012.

WCHS-TV said state records show Delegate Espinosa accepted an appointment to the West Virginia Racing Commission, which oversees thoroughbred horse and greyhound racing in the state.

Delegate Espinosa worked on multiple committees during his time in the West Virginia House, including Finance, Banking and Insurance, and Technology and Infrastructure.

·    November 10-12

·    December 8-10