West Virginia Press Association Staff Report
CHARLESTON, W.Va. – “You’re not voting now – it’s illegal.”
That’s what Del. Mike Pushkin, D-Kanawha, told colleagues in the House Chamber just after midnight Sunday morning, after the clock ran out on a proposed constitutional amendment to permanently ban non United States citizens from voting in West Virginia’s election.
Introduced by Del. Scot Heckert, R-Wood, the proposal – otherwise recorded as House Joint Resolution (HJR) 21 – sought to create a ballot initiative to put the matter before the voters during November’s general election. Pushkin argued that the resolution was unnecessary, as it is already illegal for non-citizens to vote in state elections.
A ballot initiative that did make it across the finish line however, was HJR 28, a proposal to permanently outlaw another already illegal practice in West Virginia – medically-assisted suicide.
The resolution was passed in the House of Delegates on Feb. 15, and then reported to the Senate for their consideration. When HJR 28 was returned to the House on Saturday, Senators had amended it to protect the legislature’s ability to reinstate the death penalty should it choose to do so in the future.
Democrats in both chambers disagreed with the adding of “pro-death language to a pro-life bill.” However, the amendment was ultimately agreed to by the House, and the proposal to amend West Virginia’s constitution will appear on the general election ballot in November.
House members also spent a significant amount of time debating SB 841, a bill to modify the amount of unemployment taxes and benefits. Consideration of the contentious legislation included stall tactics and rule-suspensions, while an approved amendment restricted unemployment benefit-eligibility even further than the introduced bill.
Although the bill was eventually passed by a vote of 66 to 31, its detractors required SB 841 to be read in its entirety, resulting in a delay of nearly an hour. Once debate began on the bill proper, a technical flaw was identified in the actuarial tables used to determine benefits for unemployed persons with a recent salary of more than $41,500. That debate went on for well over another hour before a vote was finally held.
Next considered was SB 280, a bill “allowing teachers in public schools to discuss scientific theories,” which failed to pass during the 2023 session. As anticipated, the bill generated substantial debate amongst House members, as well.
Ultimately the House passed SB 280 by a vote of 89 to nine, with all but two Democratic members voting against passage. Delegates Mike Pushkin, D-Kanawha, and Larry Rowe, D-Kanawha, both voted in favor of the bill.
Shortly after 11:30 p.m., the House reluctantly accepted the Senate’s compromise regarding SB 200, otherwise known as the “State Budget Bill,” thus preventing the session from being extended by one additional day. The Senate pushed for a slimmed-down budget due to the potential $465 million federal clawback the state is currently facing. With its passage in the House by a vote of 73 to 25, the new budget will go into effect on July 1, 2024.
Additional bills passed on Saturday by the House of Delegates include:
- SB 837: Reorganizing offices of Public Defender Corporations to conform to circuit reconfiguration. The bill passed 96 – 0.
- SB 850: Updating consumer credit and protection act. The bill passed 87 – 11.
- SB 858: Clarifying filing requirements and deadlines in property tax cases. The bill passed 97 – 0.
- SB 864: Clarifying reporting requirements of Grant Transparency and Accountability Act. The bill passed 98 – 0.
- SB 872: Relating to county fire service fees. The bill passed 96 – one, with Del. Bill Ridenour, R-Jefferson, voting against passage.
- SB 873: Schedule for tax installment payments. The bill passed 98 – 0.
- SB 875: Relating to certain insurance coverage provided by BRIM. The bill passed 93 – five.
All bills noted have finished legislative action, and will now be forwarded to Gov. Jim Justice for his approval. Lawmakers are scheduled to return to Charleston on April 14 for the start of the second scheduled interim session of 2024.