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What got left on the legislative session’s cutting room floor

A lot of bills that were widely discussed during the regular session didn’t make it to the finish line.

Here’s a look at some of them:

“Women’s Bill of Rights” – This bill that codifies the definitions of “man” and “woman” was touted by the governor. “Women are women, and women are really important, and it’s not fair,” Gov. Jim Justice said as he called for passage.

The bill actually passed both Houses — but with some differences. In the final days of the session, the legislation was placed at the “foot of bills” by the House, meaning it was at the bottom of the list. Delegate Kayla Young, D-Kanawha, had a barrage of 30 amendments prepped for the bill. It never came up for a passage vote by the end of Day 60.

“The Women’s Bill of Rights is all wrong because it does not actually create any new rights for women in West Virginia. In fact, it is a vehicle to directly target trans West Virginians,” said Margaret Chapman Pomponio, executive director of West Virginia Free, on the final night of the legislative session.

Obscenity charges in libraries — Got lost in the stacks.

Right now, public and school libraries have exemptions to West Virginia’s law against displaying or disseminating obscene material to minors. House Bill 4654 would work by simply removing the exemptions.

This bill generated vigorous debate before passing the House in mid-February. Senators never took up the bill in committee. Frustrated, the House Judiciary Committee amended the library bill into a separate bill about child porn produced through artificial intelligence. That version moved toward a passage vote by Day 60, but the clock ran out.

The Crown Act — A bill to prohibit racial discrimination based on hair textures and hairstyles historically associated with a particular race narrowly passed out Senate Judiciary. When it came to the floor, senators assigned it to the Finance Committee based on the idea that it could raise liability for the state. That committee never took it up.

A late-session attempt in Judiciary to amend the Crown Act into another bill was ruled not germane.

Student discipline — This got tangled up in some subtle differences and missed the legislative deadline as it volleyed between the House and Senate.

The House and Senate passed separate bills focused on how to handle student discipline problems. The question in the final week was whether differences could be resolved. On the final day of the session, senators made some last-minute adjustments and sent the bill back to the House, where time ran out before delegates managed to agree or reject what could have been the final version.

Teachers bearing firearms (or stun guns) – Educators could be considered school protection officers and carry firearms or stun guns in classrooms with a conceal carry permit and 24 hours of training under a bill passed by passed the House. With one week to go, it was double referenced to the Senate’s Judiciary and Finance committees. Neither one took up the bill.

“In God We Trust” — Senate Bill 152 would have required display in a conspicuous place in West Virginia schools on a durable poster or framed copy of the United States national motto, “In God We Trust.” The House and Senate each passed versions of this policy, but with differences in the details. On the final day of the session, the Senate amended the bill one more time and sent it to the House to concur. As the clock hit midnight, the prayer went unanswered. 

Baby Olivia — Senators voted to require eighth grade viewings of a specific video, “Meet Baby Olivia,” showing insemination and fetal development by a particular national group involved in abortion politics. With one week to go, the bill was assigned to two House committees, health and education. They never took it up.

Gender affirming care –Last year, legislators passed a ban  on gender surgery for minors, but wound up allowing treatment with medication under narrowly-tailored circumstances. Some senators had tailored the exemptions out of concern that some youths going through gender dysphoria may act on suicidal thoughts if they are barred from treatment of any kind.

This year, delegates passed a bill to strike those exceptions, which allow treatment with medicine after approval by two doctors and the minor’s parents or guardians. It was assigned to Senate Health, where vice-chairman Tom Takubo was the leading voice last year in establishing those exemptions in the first place. That committee left it on the legislative table.

Oversight for child abuse investigations — HB 4595, would have allowed a legislative oversight committee to meet privately to hear details about sensitive matters like child protective services investigations.

Even though the provision allows closed door meetings, the concept is that lawmakers could gain access to sensitive information, perform oversight functions and potentially react in a timely fashion to adjust policies.

The bill passed the House Health Committee in late January, but was assigned to the House Judiciary Committee and never taken up. 

Dropping work permit requirements for teens — This bill marked out portions of existing law detailing work permit requirements for 14- and 15-year-olds. The bill left in place a written parental consent standard.

“Was there any discussion  that maybe absent parents who are not the best — you’ve got a couple of kids who might go out there and work, and they want them to work all they can, not necessarily in the child’s best interest?” asked Senator David Stover, R-Wyoming, as the Senate Workforce Committee examined the bill. The bill was assigned to the Senate Judiciary Committee on March 4 and stalled.

Work requirements for SNAP benefits — Senators passed a bill that would expand requirements for work or employment training for able-bodied adults without dependents for benefits through the Supplemental Nutrition Assistance Program.  SB 562 also would have extended the age range for people affected to 59.

The bill went to the House Finance Committee in late February and never came up after that.

Retaliation against workplace attacks — Employees who defend themselves from attacks in the workplace could not be fired under a bill advanced by the House Judiciary Committee. Unfortunately for the policy, the Senate Judiciary Committee never took up House Bill 5621.

Community air monitoring — The bill would have set standards for community air monitoring installation, operation and maintenance. Advocates say the information needs to be standard to be considered reliable.

Aspects of H. B. 5018 drew criticism for the limits that would be placed on how that air quality information is used. Under the bill, community air monitoring data may not be used to bring legal actions, including a lawsuit, against anyone including the owner or operator of whatever could be reducing the air quality.

The bill passed the House 76-19 on Feb. 6, and was never brought up for consideration in the Senate.

Mugshots — Booking photographs of criminal suspects could no longer be made public, except under a few circumstances, by state corrections officials under a bill passed by the House of Delegates. Critics have argued mugshots of arrests represent community news and that prohibiting access amounts to prior restraint. This bill was assigned to Senate Judiciary, which never took it up.

Travel ball – This bill would allow student athletes to play for their school teams and their travel teams at the same time in the same season. Critics have said the policy would undercut school athletics and run a greater risk of injuries. The bill was assigned to House Education, which listed the bill on its agenda a couple of times the final week but never took it up.

Left lane driving — Crashed while driving in both lanes.

Senators wanted a primary offense for camping out in the left lane, and the House supported a secondary offense. The issue went to a conference committee, which came back with recommendations that were rejected by the House of Delegates, 52-46.





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