The 2021 legislative session ended at midnight Saturday. The Dominion Post covered the entire day’s events. Here is a summary of highlights that took place after the deadline for Sunday’s print edition.
HCR 113 and 114 were companion House resolutions to, upon Saturday adjournment, extend the session to May 10 to allow for overrides of any gubernatorial vetoes. The House adopted both and sent them to the Senate. The Senate took up HCR 113 at 11:55 and killed it 0-31. It never took up HCR 114. Some have said the vote on HCR 113 may have been a bit of payback for the 0-100 House vote on the Senate’s version of HB 3300, the personal income tax repeal bill.
SB 334 is the needle exchange program licensing bill. It bounced between the House and Senate several times. Senators adopted an amendment before noon and sent it to the House, which didn’t pick it up until after 9 p.m.
Delegate Mike Pushkin, D-Kanawha, said the Senate amendments once again re-politicized and weakened the bill and could threaten harm-reduction programs across the state.
Delegate Barbara Evans Fleischauer, D-Monongalia, agreed, saying, “This is bad public policy.” The bill flies in the face of procedures recommended by the Trump administration CDC. West Virginia has two of the four largest HIV outbreaks in the nation.
The House concurred on the Senate amendment, re-passed it 67-32 and sent it to the governor.
SB 636 would have required the state Board of Education to prescribe courses of study in history and civics covering the institutions and structure of American government; an understanding of American political philosophy and history; an objective and critical analysis of ideologies throughout history, including, but not limited to, capitalism, republicanism, democracy, socialism, communism and fascism; the Bill of Rights and the 13th, 14th, 15th and 19th amendments to the Constitution; the historical contributions of minorities and women; and personal finances.
The House had amended in the personal finance and historical minority portions and Senate Majority Leader Tom Takubo moved to reject the amendment and asked the House to recede because the personal finance course isn’t required and poses various difficulties.
It went back to the House, where Delegates said they believe the Senate amended it to remove the requirement for instruction on the historical contributions of minorities and women. The House receded, re-passed it 64-33 and sent it to the governor.
HB 2694 is the Second Amendment Preservation and Anti-Federal Commandeering Act.
Just before 10:30 p.m., the House concurred with the Senate amendments and re-passed it but re-amended the bill title and sent it back to the Senate. The Senate concurred, re-passed it 30-4 at 10:46 and sent it to the governor.
SB 542 requires utilities to maintain a 30-day supply of coal at their coal-fired power plants. The House amended in a requirement that the Public Service Commission create a Coal Community Comeback Plan.
Senate Majority Leader Tom Takubo moved to require the House to recede from the amendment because it has nothing to do with the bill. Lengthy debate focused on whether the amendment meets the intent of the bill or hurts it, and whether it might help the communities.
The motion passed the bill returned to the House, where leadership moved to recede from the amendment. That led to more lengthy debate. Ultimately, the House voted 70-30 to recede, then re-passed it 89-11. It goes to the governor.
HJR 1 is the Education Accountability Amendment and was intended to subject state Board of Education rule-making to legislative oversight. The Senate sent it to the Rules Committee, killing it.
HB 3301 allows county commissions or municipalities to extend the duration of a tax increment financing district subject to consent of any municipality in the district.
TIFs are limited to 30 years. The bill would allow any TIF created before Dec. 31, 2020, to extend its TIF by five years to Dec. 31, 2050, whichever comes first. The House concurred with Senate amendments, re-passed it 99-1 and sent it to the governor.
SB 332 dealt with the selection of delegates to an Article V convention to consider amendments to the U.S. Constitution, and governs how those delegates are to act at the convention.
Just after 8:15 p.m., the Senate amended in a provision the House had already rejected, adding a section to also call for a convention to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress.
It went back to the House and died without being taken up.
HB 2002 is intended to expand access for broadband providers. It creates the Office of Broadband under the Department of Economic Development. It allows counties and municipalities to set up their own networks and form partnerships to do that. The House approved Senate amendments just after 8:30 p.m. and sent it to the governor.
HB 2982 is called the Second Chances at Life Act. It requires medical providers to inform a woman undergoing a chemical abortion that it may be possible to halt the abortion.
The Senate amended it, passed it 29-6 at 9:16 p.m. and sent it to the House. The House concurred, passed it 84-15 at 10:37 and sent it to the governor.
HJR 3 proposes a constitutional amendment that, if approved by the voters in November 2022, would allow the Legislature in the future to phase out the tax on business inventory, equipment and machinery, and eliminate the property tax on vehicles.
Judiciary and Finance Committee amendments passed in previous days were both withdrawn, leaving the House version intact. The Senate passed it 29-5 at 9:21 p.m.
An announced House plan to hold a special election on all constitutional amendment measures this July never came to fruition.
SJR 4, if approved by the voters in November 2022, would eliminate a clause from the state Constitution that prohibits the state from granting charters of incorporation to churches and denominations.
A similar clause in Virginia law was ruled unconstitutional in federal court in 2002, and in West Virginia, the provision has been ignored since 2003.
The Senate rejected a House amendment and sent it back. The House receded and re-passed it 95-4 at 11:06 p.m.
HB 2933 is called the Anti Discrimination Against Israel Act. It forbids the state and its political subdivisions from doing business with companies that boycott Israel and includes guidelines on restrictions for state pension plans that invest in such companies.
The Senate amended it to clarify some language about investments, passed it 34-0 and sent it back to the House. The House concurred, re-passed it 97-1 at 11:30 p.m. and sent it to the governor.
TWEET David Beard @dbeardtdp EMAIL dbeard@dominionpost.com
