MORGANTOWN – The final chaotic minutes in the state Senate Saturday night saw stumbles, miscommunication, two controversial bills passed in a rush and one – the Anti-Racism Act – apparently pass only to learn it hadn’t.
At 11:52 p.m., the Senate took up SB 468, the Unborn Child with Down Syndrome Act. The House amended and passed it 81-17 at 3:51 p.m. Senate Majority Leader Tom Takubo, R-Kanawha, moved that the Senate concur in the amendments and described them.
Confusion began when Finance chair Eric Tarr, R-Putnam, called the question (to end debate and vote) after the vote already occurred. Sen. Mike Caputo, D-Marion, asked what was going on because they didn’t vote on Tarr’s motion.
Presdient Craig Blair, R-Berkeley, told him, “I’m trying to push through these bills for you guys. … We’re burning the clock. We’re voting on the bill.” And they voted again at 11:55. It passed 27-5 and heads to the governor.
They then took up SB 268, to authorize and regulate learning pods and microschools. Takubo moved to concur with House amendments and pass this one, and explained the changes. Tarr called the question at the correct time – before any debate could take place. The minority demanded a roll call instead of a voice vote, which slowed things down.
The majority won that vote. They concurred and then passed the bill 20-12. It will go to the governor. The roll call sheet with the time stamp isn’t posted yet but the video clock shows 11:58.
And there was still one bill to go: SB 498, the Anti-Racism Act, which the House amended and passed at 6:58 p.m. Takubo moved to concur with House amendments and explained them, saying the bill would have been better without a couple of them, “Concurring is preferential over losing the bill.”
Tarr called the question and the minority again slowed the process by demanding a roll call on it. They concurred to the amendments and then voted. The Senate video shows the vote began at 11 seconds before midnight – when the session had to end – and ended at 5 seconds before midnight. Blair declared the bill passed at 2 seconds after midnight.
The Legislature’s bill status originally showed that the bill had completed legislation but that later changed and the Senate confirmed the bill did not pass.
But the chaos continued. Before the House or Senate can adjourn sine die (on the last day), they must approve resolutions notifying the other chamber and the governor that they are ready to adjourn.
Takubo introduced the resolution to notify the House and Blair took the voice vote – but then he adjourned the session prematurely. The clerk stood up and apprised him of his error, and Blair, who already appeared to be in a bad mood, grew visibly upset.
It took another two minutes to get everything sorted out and resume the process in the right order.
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