CHARLESTON — Many at the Capitol awaited House action on HB 2519, the so-called Campus Carry Bill, when the House resumed action Tuesday afternoon and took up bills for second reading.
But that action will be delayed for one more day. The Campus Self Defense Act, as it’s officially called, was moved to third reading on Wednesday with 16 amendments pending and perhaps others in the works.
Bills are generally amended on second reading but it’s not unusual for delegates to consent to move bills to third with amendments pending.
Here’s a look at bills that saw action on second reading.
— HB 3127, the Tebow bill, to allow homeschoolers to participate in public school sports. Education chair Danny Hamrick offered an amendment to restore some changes presented to the committee that were never acted on when the bill was discharged from committee in its introduced from on Monday.
Among the additions in Hamrick’s list is one to specify students enrolled in non-public schools may not enroll in public school activities offered at their schools, and one to specify that students who enroll only in extracurricular activities will be considered as one-tenth full time equivalent (FTE) regarding state funding allotments.
The original bill called for a standardized test score to determine the student’s eligibility to participate. The amendment calls on county boards shall provide methods for evaluation of the student’s subject matter competency.
Delegates Linda Longstreth and Mike Caputo, both D-Marion, offered an amendment to Hamrick’s to change the one tenth to one half to send more money to the school, which raises the costs for the schools. Hamrick opposed this secondary amendment because of the extra money it will cost the state.
Longstreth’s amendment passed 52-47.
Delegate Rodney Miller, D-Boone, objected that the bill says a school “may not deny the enrollment in any curricular or extracurricular course, program or activity,” because it appears to pre-empt coach discretion about qualification for a team and give special preference to homeschoolers.
The amended Hamrick amendment then passed 69-30. The bill goes to third reading on Wednesday.
— HB 3142 aims to reduce the severance tax on steam or thermal coal from 5 percent to 3 percent.
An amendment offered by Banking chair Eric Nelson, R-Kanawha, and Judiciary chair John Shott, R-Mercer, to phase the reduction across two years.
Nelson said the coal industry, particularly steam coal, has been ailing but the state hasn’t previously been in a financial position to lower the tax. “The opportunity does present itself now.”
It will cost $30 million next fiscal year, he said, and represents a cautious approach to offer the industry some relief, make steam coal more competitive with cheaper coal elsewhere and save jobs.
It passed 97-2.
— HB 2079 would enable medical cannabis growers, processors and dispensers to operate under a single company – called vertical integration.
Delegate Shawn Fluharty, D-Ohio, and others, offered an amendment to eliminate the six-month waiting period to receive medical cannabis, noting there is no waiting period for opioids.
Health chair Joe Ellington, R-Mercer, opposed it noting that the waiting period was placed there to discourage fly-by-night operations. Fluharty responded that Pennsylvania and Ohio don’t have that restriction and have suffered no such problem.
The amendment succeeded 63-35.
Delegate Andrew Byrd, D-Kanawha,offered one to eliminate the requirement for a physician on pharmacist to be on site at a dispensary, saying it would pose liability for the physician or pharmacist. It was adopted in a voice vote, along with one offered by Ellington to setting the number of licensed growers, processors and dispensaries at 10.
— HB 2732. Delegate Patrick McGeehan succeeded Monday in having his Defend the Guard Act bill, HB 2732, discharged from committee for consideration on the floor. But shortly after his success, he openly criticized Judiciary chair John Shott, R-Mercer, on the floor.
On Tuesday, his bill was on second reading. But Majority Leader Amy Summers, R-Taylor, announced that his bill was one of several moved from the active calendar to the inactive, where it is likely to die on Wednesday.
McGeehan rose to ask why his bill was moved. Speaker Roger Hanshaw said simply that a member of the Rules Committee – composed of leaders of both parties, who vote on what bills will go to the inactive calendar – moved to move it and the motion was approved in an unanimous vote.
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