Day 46: With major deadlines looming, lawmakers are working this weekend
We figured if they're at it today, we'd get you primed, too.
Good morning and welcome back to 60 Days.
Today is Saturday, February 25th, 2023 — the 46th day of the West Virginia Legislature’s regular session.
You read that right: Saturday.
Hopefully you slept in this morning, then kicked on some cartoons and leisurely arrived at full consciousness. Maybe you’ve got plans to go hiking or knock out some chores around the house. Or maybe, if you’re like me, today (or tonight) is the middle of your normal stretch of work.
Regardless, grab a cup of coffee and settle in for a special Saturday edition of 60 Days. And while you’re at it, Giles and I would appreciate it if you bought us a cup or two. After all, we’re going the extra mile for you this morning.
Today’s briefing is going to be a bit different, too. Like always, we’ll map out what’s ahead for the day. But it also seems appropriate to explain how things are likely to shape up going forward and why any of it matters.
If you’re a loyal reader of this newsletter (and we want to believe you are), this morning’s briefing won’t be a total surprise. We told you yesterday state lawmakers were planning on working this weekend. But, given the possibility you just now stumbled onto 60 Days for the first time — this late in the game — I’ll explain:
Ahead of the session, Giles and I agreed to put out a weekday morning briefing on what’s expected around the statehouse. It made sense to do it that way, as lawmakers typically work a Monday through Friday schedule.
But late this week, we heard lawmakers were planning to put in some extra hours ahead of a couple of key deadlines. To be clear, this always happens on this particular weekend.
Tomorrow — Sunday, February 26th — is Day 47, the last day for bills to be reported out of committee and sent to the floor in their house of origin. This is to ensure three full days of readings ahead of Day 50 — known as “Crossover Day,” the last day for bills to pass their house of origin. “Crossover Day” lands on Wednesday, March 1.
The Day 47 reported-to-the-floor deadline functions as a wake-up call more than anything, really. The three-days-three-readings rule can and likely will be suspended, especially with the super-duper-mega-Republican-majorities that exist on both sides of the Capitol.
Think all the way back to Day 1 in the Senate when nearly two dozen bills passed just moments after being introduced. Tack on another important deadline looming, and logic will tell you that lawmakers will do what needs to be done if it’s important enough to someone in power.
Regardless, there’s a lot of stuff in the hopper that has yet to pass a first chamber and stay alive after Day 50.
Editor’s note: Yesterday’s newsletter misidentified today (Saturday) as being the 47th day of the regular session. Blame it on Giles. He has trouble with numbers.
Before we dive into what’s on the docket for today, I suppose it would also be valuable to offer a quick primer on discerning the state of play as lawmakers barrel toward Crossover Day. Trust me, it’ll be bonkers-busy over the next few days, and you’ll likely find this stuff handy if you’re keeping an eye on anything at all.
Of course, there are the bills Gov. Jim Justice has already approved with a signature and those that have completed the legislative process but are still waiting on him to sign, veto or let become law without doing anything. You can find all of those bills on the “Completed Legislation” page. (Cross that stuff off your list of what might hold your continued attention.)
Beyond that, one quick way to see what’s definitely going to survive beyond Day 50 is the “Passed One Chamber” function of the Legislature’s online bill tracking system. You can flip the button between the House and Senate. Anything listed there, based on either selection, is — as the BeeGees sang in falsetto — stayin’ alive.
But, inconveniently enough, there’s no similarly super-efficient way to whittle down the 2,291 bills introduced this session and see what still would need to pass its chamber of origin before the end of Wednesday to remain in play.
The best way to do it is: pull up all of the bills introduced, click “Step” and the website will sort things by — you guessed it — which step in the legislative process it’s on. If it’s a Senate bill pending in a House Committee (or vice versa), it’s still good. If it’s a Senate bill pending in a Senate Committee or a House bill pending in a House Committee, it would need to pass by the end of Wednesday.
An even better way of thinking of things moving forward would be something like this:
If you see a bill awaiting a boost that’s on a committee agenda, it’s rather likely to grow legs and live past Day 50. Committee chairs wield a lot of power and they’re no doubt cutting deals to push members’ bills along in exchange for their own priorities to keep moving.
There’s little time to waste at this point and, if it’s not a priority — or part of some kind of deal — to help get it over Wednesday’s hump, it’s probably not going to be on an agenda at all. Some bills could very well die on the vine come the end of Day 50. But I wouldn’t count on that list being very long compared to everything we see on a committee agenda through then.
And now, finally, here’s a peek at what’s expected today.
The committee to watch is the Senate Finance panel. It’s expected to meet sometime after the floor session in Room 451-M. The House-passed bill containing Gov. Jim Justice’s proposal to cut taxes is on the agenda amid reports that a deal is close.
The Senate Judiciary Committee is scheduled to meet at 3:00 p.m. in 208W
The full Senate will convene an hour earlier than usual — at 10 a.m.
One of the bills to keep an eye on is S. B. 619 - which would allow intelligent design to be taught in public schools. The key word there is “allow.” The bill does not mandate that intelligent design be taught, but it would allow a teacher to teach intelligent design alongside Charles Darwin’s theory of evolution.
Intelligent design is defined in the bill as a theory of how the universe and/or humanity came to exist. But opponents say it likely would not pass constitutional muster and runs against established case law because it promotes a religious belief.
The intelligent design bill is on third reading after it won approval earlier this week from the Senate Education Committee, whose Chairwoman, Amy Grady (R-Mason) is its lead sponsor — and she happens to be an educator.
You can find the Senate’s complete floor agenda for today here. Here is the list of bills at the passage stage:
Eng. Com. Sub. for Com. Sub. for S. B. 268 - Relating to PEIA
Eng. Com. Sub. for S. B. 423 - Increasing salary for certain state employees
Eng. Com. Sub. for S. B. 462 - Modifying certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers
Eng. Com. Sub. for S. B. 469 - Providing funding for CPR instruction to high school students (original similar to HB3501)
Eng. S. B. 544 - Increasing power purchase agreement cap
Eng. Com. Sub. for S. B. 558 - Prohibiting law-enforcement agencies from posting booking photographs of certain criminal defendants on social media
Eng. Com. Sub. for Com. Sub. for S. B. 561 - Relating to administration of WV Drinking Water Treatment Revolving Fund Act - (With right to amend)
Eng. Com. Sub. for Com. Sub. for S. B. 585 - Prohibiting county commissions from adopting any authorization that exceeds state law regarding agricultural operations
Eng. Com. Sub. for S. B. 613 - Relating generally to certificates of need - (With right to amend)
Eng. S. B. 619 - Allowing teachers in public schools to teach intelligent design
Eng. S. B. 625 - Requiring certain transcripts to be accepted as record of student's performance for placement in micro school programs - (Com. title amend. pending)
Eng. Com. Sub. for S. B. 665 - Amending licensure requirements for massage therapist
Eng. Com. Sub. for S. B. 676 - Requiring report on Medicaid fees and managed care provider reimbursements compared to PEIA, Medicare, and surrounding states
Eng. Com. Sub. for H. B. 2993 - Relating to rural emergency hospital licensure
Eng. Com. Sub. for H. B. 3113 - Requiring high school students to complete course of study in personal finance
Eng. Com. Sub. for H. B. 3317 - Relating to removing specific continuing education requirements
The House is due to gavel in an hour before the Senate — at 9 a.m. You can find the full floor agenda here. And, no surprise, there are a ton of bills on third reading:
Com. Sub. for H. B. 2016 - Relating to confidential childcare records
Com. Sub. for H. B. 2064 - To create commercial opportunity zones to attract new businesses to West Virginia
Com. Sub. for H. B. 2065 - West Virginia Heavy Duty Truck Excise Tax Elimination Act
Com. Sub. for H. B. 2483 - Creating a tax credit for improving facades in historic districts
Com. Sub. for H. B. 2567 - Relating to felony trespassing
Com. Sub. for H. B. 2648 - Authorizing certain agencies and boards of the DHHR to promulgate a legislative rule
Com. Sub. for H. B. 2759 - Relating to updating the health care provider tax
Com. Sub. for H. B. 2760 - To allow CPR fire fighters to drive ambulances when both attendants are needed to administer patient care
Com. Sub. for H. B. 3006 - West Virginia Critical Infrastructure Protection Act
Com. Sub. for H. B. 3013 - Relating to authorizing the Jefferson County Commission to levy a special district excise tax
Com. Sub. for H. B. 3059 - Give PSC authority to fine Class I railroads for safety and operational violations
Com. Sub. for H. B. 3114 - Deny severance pay to employees of DOT for failure or refusal of drug testing
Com. Sub. for H. B. 3214 - To create the Road Optimization & Assessment Data (ROAD) Pilot Project
Com. Sub. for H. B. 3274 - Creating the Affordable Medicaid Buy-in Program
Com. Sub. for H. B. 3341 - To allow cigar bars
Com. Sub. for H. B. 3398 - Relating to the establishment of the West Virginia Memorial to Fallen Heroes of the Global War on Terrorism
Com. Sub. for H. B. 3409 - Relating to authorizing application of the manufacturing investment tax credit and the manufacturing property tax adjustment credit against personal income tax
H. B. 3444 - Relating to the creation of the West Virginia Semiquincentennial Commission and Fund
Com. Sub. for H. B. 3450 - Relating generally to racetrack video lottery and the Licensed Racetrack Modernization Fund
H. B. 3459 - To allow for a best value procurement evaluation for prequalified bidders
H. B. 3473 - Creating a workgroup relating to Dig Once Policy
Com. Sub. for H. B. 3479 - Creating requirements for use of unmanned aircraft
H. B. 3493 - Relating to prohibiting certain foreign ownership of agricultural land
Com. Sub. for H. B. 3551 - Provide for criminal history record restrictions for certain persons
H. B. 3552 - Relating to per diem jail costs
H. B. 3554 - Relating to prohibiting a municipality or the governing body of any municipality from limiting rental of a property
H. B. 3556 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protective Orders Act
The Committee on Education will meet immediately after the 9 a.m. floor session in the committee meeting room, 432M
The Committee on Government Organization will meet immediately after the 9 a.m. floor session in the East Wing meeting room, 215E
The Committee on Finance will meet at 3 p.m. in the committee meeting room, 460M
A busy legislative weekend follows the passage of some major legislation yesterday. Here’s a quick rundown of some of what made the 60 Days aggregation ticker:
Senate budget makes way for tax cuts, includes raises, puts a billion into surplus spending (WVMetroNews)
West Virginians clash over religious freedom bill at hearing (The Associated Press)
WV House passes PFAS protection bill (Charleston Gazette-Mail, paywall)
"We intend to fight this with everything we have": Worker advocates blast 'deliberate intent' bill (Charleston Gazette-Mail, paywall)
Senate Education Committee Proposes Alternative School Schedule (West Virginia Public Broadcasting)
That’s it for us on this busy legislative Saturday. We might see you back here tomorrow, too. Then again, we might not. Gotta take a day off sometime, right?
Anyway, we’re starting to feel the effects of keeping up with the marathon in Charleston.
Are you?
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Also, Dave is on Twitter at @davemistich and Giles is @GilesSnyder.