Whereas the previous couple of days of the 2024 legislative session have been dominated by finances drama — with extra prone to come this spring — lawmakers labored effectively into the night time Saturday each passing and killing laws thought of over the earlier 60 days.
This session noticed 2,575 complete payments launched by legislators, with 1,698 coming from the Home and 877 from the Senate. Of these payments, 280 — almost 11% of these launched — have been adopted and authorised by each chambers earlier than midnight on Saturday. That’s the fewest variety of payments handed by lawmakers lately.
On the final day of session, the Home ran the clock as much as the minute, whereas the Senate was capable of adjourn early. Left unpassed embrace crimson meat payments just like the Girls’s Invoice of Rights, work necessities for social security nets and a invoice that may have subjected librarians to felony fees for displaying sure sorts of supplies, which ate a number of time over the past 60 days however didn’t make it over the end line.
Amongst these handed embrace payments to finish the state’s marital rape exemption, implement pay raises for state workers, enable the sale of uncooked milk and finish the state’s Social Safety revenue taxes, amongst others.
We’ll write extra afterward what died within the last minutes of the 2024 session, however for now, right here’s a take a look at simply a few of what lawmakers did not act on earlier than adjournment on Saturday:
Additional restrictions on gender-affirming care for youths
After Gov. Jim Justice final yr signed a ban on gender-affirming take care of minors within the state, the Home tried to additional slender care choices for youngsters identified with gender dysphoria who’re susceptible to harming themselves. Although lots of of in-state medical suppliers urged rejection of the measure, the Home signed off on Home Invoice 5297.
The Senate didn’t take up the invoice; final yr, Sen. Tom Takubo, R-Kanawha, passionately argued that the state ought to enable kids identified with extreme gender dysphoria to entry pubertal modulating and hormonal remedy because of self-harm considerations. Takubo serves as vice-chair of the Senate Well being Committee, the place the Home invoice was by no means taken up for consideration.
Arming college lecturers
A high-profile measure that may have permitted Ok-12 lecturers in private and non-private colleges to hide carry was by no means taken up for consideration within the Senate. The invoice, HB 4851, would have required college boards to honor eligible lecturers’ requests to hold a gun in school rooms. Proponents of the invoice mentioned it was an answer to the state’s college officer and regulation enforcement scarcity.
Making penalties for exposing individuals to fentanyl
HB 5319 would have carried out two new felonies in state code, one for exposing somebody to fentanyl and inflicting “bodily harm” and one other for inflicting dying tied to the publicity. If convicted on the previous cost, a person would face three to fifteen years in jail, and for the latter they might face 15 years to life.
Per the proposed code, “publicity” would have meant any form of contact with any type of the drug, together with however not restricted to pores and skin contact, inhalation, ingestion or contact by means of a needlestick harm. So as to show the publicity, a medical skilled must “instantly” administer a check on the uncovered individual, and penalties may solely be imposed if that check is returned optimistic for fentanyl or any derivatives.
The invoice was launched regardless of a powerful lack of proof exhibiting that secondhand publicity to fentanyl is prone to trigger any form of overdose or bodily hurt usually.
Nationwide, there’s no proof that anybody — first responder, regulation enforcement or in any other case — has ever overdosed or suffered opioid toxicity because of secondhand or passive publicity to fentanyl by means of contact with their pores and skin or unintentional inhalation. Pure fentanyl in liquid type — which isn’t generally utilized by individuals who use avenue medicine — can pose larger dangers in massive doses, however the threat is nonetheless considerably low, in response to toxicologists.
Misinformation on the difficulty has elevated lately as fentanyl has turn out to be extra widespread within the unregulated drug market. Media studies falsely claiming that overdoses from unintentional publicity are occuring usually rely on anecdotal proof from police and don’t embrace medical assessments to again up the claims.
The invoice handed the Home 93-3 with 4 members absent and never voting on Feb. 16. Since Feb. 19, it has been pending consideration in Senate Judiciary.
Child Olivia
The Home by no means took up a Senate-approved measure, Senate Invoice 468, that may have required eighth and tenth grade public college college students to view a video, named “Meet Child Olivia,” which depicts in high-definition insemination and the phases of a child’s growth within the womb
The Crown Act
The invoice, which might outlaw discrimination based mostly on hair texture, handed within the Senate Judiciary Committee with a 10-7 vote on Feb. 22, in response to MetroNews. Not lengthy after, Sen. Eric Tarr, R- Putnam, referred it to the Senate Finance Committee, which he chairs, over considerations about it costing the state cash.
The West Virginia Board of Threat and Insurance coverage Administration, mentioned it was not potential to find out how a lot of a fiscal influence the invoice would have. Tarr opted to not take the invoice up within the Finance Committee.
Senate Judiciary tried to amend this into one other invoice, however failed earlier this week.
Transparency for baby abuse investigations
Citing a scarcity of transparency from Little one Protecting Providers in tragic abuse instances, the Home signed off on a invoice that may allow lawmakers to go in closed-door conferences with well being departments leaders looking for solutions.
HB 4595 got here amid continued considerations about how CPS responds to baby abuse and neglect referrals, together with a current high-profile case in Sissonville the place kids have been stored locked in a shed. The state had no journey information exhibiting that CPS responded to neighbors’ calls concerning the youngsters. The Senate didn’t take up the measure.
Permitting baby labor
The invoice would have repealed the work allow course of for 14 and 15 yr olds. Younger individuals looking for employment would nonetheless want an age certificates and parental consent. The laws handed within the Home of Delegates with a 83-16 vote on Feb. 20 and was referred to Senate Judiciary, the place it was nonetheless pending Saturday.
Limits to group air monitoring
HB 5018 was an industry-backed invoice, having been written in session with the state Producer’s Affiliation, that may have restricted the appropriate makes use of of knowledge collected from group air high quality monitoring applications all through the state, together with in administrative proceedings, like fines and sanctions for noncompliance, in addition to third get together lawsuits.
The invoice handed the Home 76-19 on Feb. 6, and was by no means introduced up for consideration within the Senate.
Combatting reward card fraud
HB 5250 was one in every of three anti-fraud payments that AARP West Virginia was advocating for this session. The invoice would have required that retailers put up indicators warning individuals of the potential for reward card scams and inform the individual about what to do if they think they is perhaps the sufferer of reward card fraud. It additionally would have required companies that promote reward playing cards prepare their employees about how one can spot and reply to reward card fraud and that companies that promote the reward playing cards don’t promote them at self-checkout lanes with out requiring that an worker approve the transaction.
HB 5250 handed the Home 90-7 on Feb. 9 and was referred to Senate Judiciary, the place it was nonetheless pending Saturday.
Referring to the Phone Shopper Safety Act
HB 5251 is a state model of the federal Phone Shopper Safety regulation, which might prohibit robocalls and spoofing. The regulation prohibits phone solicitation involving an automatic system, or enjoying an automatic message when the connection is accomplished to a quantity referred to as. It additionally prohibits utilizing know-how that shows a special cellphone quantity with the intention to conceal the identification of the caller.
The invoice handed unanimously within the Home of Delegates on Feb. 9 and was referred to the Senate Judiciary, the place it was nonetheless pending Saturday.
