MORGANTOWN – Wednesday is the 50th day of the legislative session – Crossover Day, the last day for House bills to cross to the Senate and Senate bills to cross to the House in order to remain alive.
Both houses have long lists of bills on third reading for passage. Here we’ll offer a running recap of Senate floor action, with newest action at the top.
HB 2014 came to the Senate as a measure to prevent the governor from spending any unanticipated federal funds exceeding $150 million received regarding a state of emergency while the Legislature is not in session without legislative appropriation.
A Senate Finance amendment adopted Tuesday when the bill was on second reading reversed that. It says no legislative appropriation is required but the governor must deliver regular reports to the Legislature on how it’s being spent.
After adopting the amendment the Senate suspended its rules to pass the bill 34-0 and sent it back to House. The House concurred with the amendment and sent the bill to the governor.
HB 2003 came to the Senate as a response to the COVID-19 state of emergency in effect since March 2020.
The House version said a state of emergency may last no longer than 60 days unless both houses of the Legislature pass a concurrent resolution to extend it. A state of preparedness may last no longer than 30 days unless extended by resolution. Senate Government Organization added an amendment clarifying its measures apply to the current COVID emergency.
Senate Judiciary removed its teeth by saying the governor can renew a state of emergency or preparedness without permission simply by notifying the Legislature. The Legislature can initiate or halt a state of emergency or preparedness by concurrent resolution — but this power is limited since the Legislature has to be in session to pass one.
It also now identifies two types of state of preparedness. One anticipates an actual emergency. The other anticipates something that may actually be good — the Boy Scout Jamboree was given as an example — but is beyond the ability of one or two counties to handle on their own.
It has provisions dealing with interference with the media and with the sale of firearms.
And it undoes prior efforts to apply the bill to the current emergency by having it take effect on any emergencies beginning after April 1. It also slightly expands the governor’s emergency powers based on some lessons learned during the pandemic.
Judiciary chair Charles Trump, R-Morgan, explained the changes. One, he has a concern that auto-stopping a state of emergency could affect the delivery of federal relief funds.
Also, he said, Gov. Jim Justice has done a good job during COVID. The Legislature has done nothing to alter any of his orders during the session and has codified some of his ideas.
“In an emergency you need flexibility, adaptability, speed, and that’s the governor, not the legislature.” He doesn’t want to impair the ability of a future governor to be able to deliver the same kind if effective, swift response.
Trump said he’s heard that members House opposes the current version of the bill and he hopes they can reach a compromise.
The vote was 33-1.
SJR 10 would put before the voters a constitutional amendment setting term limits for state legislators: six terms for delegates, three terms for senators, for a total of 12 years.
It would go on the ballot in November 2022 and take effect for terms starting Jan. 1, 2025. The vote was 32-2 with Sen. Mike Caputo, D-Marion, voting no.
SJR 1 is called the Protection of the Right to Bear Arms Amendment and would restrict localities from overriding state gun laws if approved by the voters.
As finally adopted after going through a series of changes, it would add this to the state Constitution: “A county or municipality of this state may not adopt any ordinance, act, resolution, or rule, that is contrary to or more restrictive than state law governing the sale, transfer, possession, use, storage, taxation, registration, licensing, or carrying of firearms, ammunition, or firearm accessories.”
Sen. Bill Ihlenfeld, D-Ohio, said that he prefers more local control and every area has unique issues. “Weirton is different than Welch,” and it’s arrogant to think the Senate knows know better than local leaders how to deal with public safety.
Defending the resolution, Judiciary chair Charles Trump, R-Morgan, said it’s important not to allow localities to restrict basic constitutional rights. The resolution was adopted 33-1 with Ihlenfeld voting no.
SB 695 updates legislation passed last year that makes it virtually impossible for a city to annex property by minor boundary adjustment. Last year’s bill required each business, resident and freeholder in the territory proposed for annexation to execute an affidavit of consent. If the city is unable to reach the business, resident or freeholder and obtain an affidavit within 90 days of sending the affidavit and a letter of explanation, consent is presumed.
If the county commission determines annexation could be achieved more efficiently or cost-effectively via two other methods in code — via petition by 5% of the freeholders followed by a citywide vote, or via petition by both a majority of the qualified voters and a majority of the freeholders in the proposed new territory — it must deny the application.
SB 695 adds to that by limiting a minor boundary adjustment to 105% of the existing total municipal boundary and 120% percent of the current area of the municipality. Only one minor boundary adjustment can be made within a five-year period.
The bill also sets up a process for decreasing the city limits, with written consent of any affected business. It passed 34-0.
SB 642 requires the state auditor to establish a Central Legal Advertising website by Jan. 1, 2022, for free posting of all legal advertising. Posting would be permissive. It requires any entity that uses the website to also still post the ad in the appropriate local newspaper. It passed 34-0.
SB 622 provides for a 10% raise for all elected county officials: commissioner, circuit clerk, county clerk, prosecutor, assessor and sheriff. Before a raise can go into effect, the state auditor must certify that the county can afford it and the official must accept the raise in writing
For example, a Class 1 county commissioner’s pay would go from $41,395 to $45,535.
Sen. Dave Sypolt, R-Preston, pointed out that a previous bill that ultimately failed included a consumer price index trigger for future raises. Also, assessors and sheriffs get additional supplemental pay that gives them a 13% raise. He said supplemental salaries should be rolled into the base to provide some equity across the board.
Also, he said, current code divides counties into 10 classes, but many of those are obsolete and the system needs updating before the next raise so some officials don’t face an inadvertent pay cut. And finally, county employees need raises, too.
The vote was 32-2 with Sypolt voting no.
SB 550 would allow counties to impose a sales and use tax of up to 1%. It bipartisan sponsorship — two Republicans and two Democrats. Imposition of the tax would require a public hearing and a majority vote of the county commission.
The tax could not be imposed inside incorporated areas and could not be applied to the sale of motor fuel or motor vehicles. It passed 28-5 with five Republicans voting no. All local senators voted yes.
SB 424 creates a fixed-income credit for low-income senior citizens. It would offer a 1% credit for seniors on a fixed income ranging from $1,000 to $20,000, with a maximum credit of $200. It passed 34-0.
SB 231, the bill to remove various defects from the medical cannabis program, passed 29-5. It adds some new medical conditions to the list of those approved for treatment via medical cannabis, in keeping with what some other states are doing.
It allows the Public Health Commissioner to authorize additional forms of medical cannabis, including dry leaf, plant, and edible and drinkable forms. Edible forms may not be sold in shapes enticing to children.
It cuts the required hours of continuing medical education practitioners must take in order to be allowed to certify patients for medical cannabis from four to one. It extends interstate reciprocity authority. And it makes medical cannabis a bit more expensive by raising the tax from 10% to 20%.
