Day 59: The penultimate day of the legislative session
Good morning and welcome back to 60 Days.
Today is Friday, March 10th, 2023 — the 59th day of the West Virginia Legislature’s regular session.
This morning’s briefing is coming to you from your legislative listening post in Martinsburg, where we’re expecting the weather to take a dreary turn on this penultimate day of the regular session.
Chilly temperatures and a little bit of rain here and there may seem appropriate as lawmakers look to finish their work by tomorrow’s midnight deadline. But don’t read too much into the conditions. It’s just weather, after all. However, I find it curious that skies over my house are expected to clear after the session ends.
Coincidence?
Maybe.
Probably.
All I know for sure is that Dave and I could use a few more cups of coffee before it’s Miller Time in Morgantown at session’s end.
Buckle up because West Virginia lawmakers are really going at it ahead of FINAL NIGHT tomorrow.
Major bills are moving. We’ll try to hit the highlights for you, but things are moving fast and it can get … CONFUSING. Let us know if we missed anything.
The underage marriage bill is back in play. H.B. 3018 had been rejected by the Senate Judiciary Committee Wednesday night. But during Thursday evening’s Senate floor session, the panel’s chairman, Sen. Charles Trump (R-Morgan) asked for it to be withdrawn from his committee, brought back to the Senate floor for a second reading. It will be at the passage stage today with a right to amend.
Also, during the evening session, the Senate put the budget bill back in the hands of the House. Senators passed H.B 2024 on a vote of 32-0. The upper chamber made changes so it’s asking the House to concur.
House Bill 2007 will also be up for passage in the Senate today. This is the bill that would ban gender-affirming care to minors. While it was on second-reading Thursday, those protesting the bill gathered outside the Senate chamber. The AP’s Leah Willingham was there when Del. Danielle Walker (D-Monongalia) led the crowd in a chant. Walker is the only openly LGBTQ+ member of the state Legislature.
Democratic Del. Danielle Walker - the West Virginia Legislature’s only openly LGBTQ+ member - joins crowds gathered outside the Senate chamber to protest a bill that would outlaw certain health care for transgender minors, including hormone therapy.Senate advances bill restricting youth access to gender-confirming medication | wvgazettemail.com
The LGBTQ+ community is not just watching the gender-affirming care bill, but also H.B. 3042. Gov. Justice has sent a letter to House Clerk Steve Harrison informing him that he has signed the bill known as The Equal Protection for Religion Act.
The Governor’s signature puts West Virginia among more than 20 states that have some version of the Religious Freedom Restoration Act on the books.
Supporters say it lays out a roadmap for courts to decide religious rights cases.
Opponents fear it will be used to threaten city ordinances that protect people from discrimination in employment and housing based on gender identity or sexual orientation.
The Senate is due to gavel in at 11 a.m. today and there is A LOT on the floor agenda. So much that when I tried to paste the agenda into this briefing Substack warned me that I was getting near the limit of what can reasonably be included in an email.
Soooo … let’s just LINK to the agenda. You can find it here.
As we noted at the start of this briefing, watch for the underage marriage bill and the bill that would ban gender-affirming care for minors. There’s also the House-passed “deliberate intent” measure and a bill aimed at keeping “sanctuary cities” out of West Virginia.
Eng. Com. Sub. for H. B. 3018 - Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit court
Eng. Com. Sub. for H. B. 2007 - Prohibiting certain medical practices
Eng. Com. Sub. for H. B. 3270 - To amend the deliberate intent statute to limit noneconomic damages to $500,000
Eng. Com. Sub. for H. B. 2008 - Requiring local entities to enforce immigration laws
As for the House, delegates are expected on the floor at 9:30 a.m and they have a full agenda as well. You can find it here. I would simply point you to a few bills that are up for passage:
S. B. 740 - Relating to compensation and expense reimbursement for members of Legislature. This is the lawmaker pay raise bill. And Senate President Craig Blair (R-Berkeley) told WV MetroNews this week that it “may be the last time in the foreseeable future that lawmakers will have to vote on the issue.”
Com. Sub. for S. B. 121 - Creating Student Journalist Press Freedom Protection Act
Com. Sub. for S. B. 187 - Making it felony offense for school employee or volunteer to engage in sexual contact with students
Com. Sub. for S. B. 422 - Requiring public schools to publish curriculum online at beginning of each new school year
Com. Sub. for S. B. 426 - Banning use of certain products and platforms deemed unsafe or high risk on government systems
I would mention committee meetings but there are hardly any to speak of. With Final Night looming this weekend, it’s all about the floor sessions. But if you really want to know, each chamber’s Rules Committee is meeting just before the floor sessions. That’s pretty much it.
60 Days legislative links:
West Virginia Legislature This Week features array of lawmakers, officials as session draws to a close (video) | WV News | wvnews.com
WV Senate passes PFAS protection bill | wvgazettemail.com
WV EMS agencies call for state funding as session nears end | mountainstatespotlight.org
West Virginia AG's office to ask U.S. Supreme Court to intervene in case challenging state's transgender sports law | WV News | wvnews.com
Hanna announces for West Virginia State Auditor | WV News | wvnews.com
As always, Dave is happy to take complaints. Direct compliments to me.
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I am doing this with dilated eyes in the eye doctor's office
Millers