State's legislative session ends with few of Morrisey’s priorities headed to his desk

Despite that, in a news release hours before the legislative session ended, Morrisey said his agenda was approved by the Legislature.

“When I took office just three months ago, I promised to address West Virginia’s challenges head on, bringing the type of change that moves the needle and invigorates our state,� the Republican governor said.

Morrisey’s State of the State address — as well as multiple executive orders levied in his first few days in office — gave lawmakers pretty clear insight into what policy priorities — like religious exemptions to the state’s strict childhood vaccine laws and a ban on diversity programs in state government — the new governor wanted to see passed in his first legislative session.

But getting those policies across the finish line proved challenging and, in some cases, unsuccessful.

Swift action on ‘defining gender’ bill

The GOP-led Legislature swiftly passed Morrisey’s bill that will for the first time define the terms “man� and “woman� in state code by a person’s biological sex. It was the first priority to make it the governor’s desk, and he held a ceremonial bill signing with former collegiate swimmer Riley Gaines, who has spoken out against trans women in sports.

The measure, Senate Bill 456, will also restrict transgender individuals’ access to spaces like bathrooms or locker rooms that align with their gender identity.

There is no empirical evidence to support claims that trans people commit harassment or assault against others when using bathrooms or facilities that align with their gender identity. Instead, people who are trans are more likely to be victims of such attacks when forced to use facilities that don’t match their gender identity.

Certificate of Need repeal died early in session

Morrisey’s push for repealing the Certificate of Need process in the state died early in the session when the House Committee on Health and Human Resources — on Feb. 24 — voted against House Bill 2007, meaning it never went to the floor for a full vote.

HB 2007 was one of the first tests for Morrisey’s influence in the Legislature, and specifically among members of the House. Several lawmakers who held concerns about repealing the certificate of need process told members of the media, in interviews and elsewhere, that they did not appreciate the strategies employed by the governor and his staff while they attempted to whip votes in support of the legislation.

“[Completely repealing CON] is one of the governor’s priority bills, but the governor is trying to, for lack of better words, force people to vote his way just because it’s his way and sending people around, pulling people out of committees to talk to them, to try to get them to switch their vote — we’ve gotten off to a bad start,� Delegate Scot Heckert, R-Wood, said on HD Media’s Outside the Echo Chamber in February. “When you start telling people what to do ‘or else’ — especially West Virginia people — that doesn’t go very well.�

A month later, Delegate Chris Anders, R-Berkeley, attempted to discharge the bill from the Health Committee and to the House floor. After a brief fight over rules and constitutionality of that motion, the full House voted in support of discharging the bill. Ultimately, however, members voted 74-16, effectively killing repeal of CON a second and final time this session.

Meanwhile, the Senate never moved on their version of a bill to do the same.

Childhood vaccines most controversial this session

Like CON, Morrisey’s attempt to water down the state’s vaccine requirements petered out, dealing another blow to the governor’s list of priorities.

SB 460 would have allowed religious exemptions for the state’s school vaccine requirements and revised the process by which families get medical exemptions for the requirements.

The Senate passed the bill with a vote of 20-12, but the House of Delegates voted it down 56-42. The Senate Health Committee earlier this week amended the language of the bill into HB 2776, which requires the state to report positive tests for Alpha-gal, a tickborne allergic condition, to the Centers for Disease Control and Prevention. The amendment was withdrawn Thursday.

The state has been one of only five that allow only medical exemptions to school immunization requirements. On his second day in office, Morrisey issued an executive order, requiring the state to allow religious exemptions. The state health department has said it will comply with Morrisey’s executive order even though the Legislature didn’t pass the bill.

DEI ban passed in final minutes

The bill to ban nearly all diversity, equity and inclusion initiatives in West Virginia state government passed the House and Senate in the final hours of the session, with the Senate making its final decision on the bill with less than minutes to go Saturday night.

SB 474, which is the legislative side of an executive order posed by Morrisey that bans offering specific services or opportunities to people based on their race, color, ethnicity, country of origin and, in some instances, sex. It’s reflective of a trend spearheaded by Republicans nationwide meant to undermine and end DEI in all its forms.

The bill applies to DEI policies and initiatives in state and local governments and schools, including institutions of higher education.

It passed the state Senate 32-2 on March 26, when Republican proponents for it alleged that such services shouldn’t exist because “we don’t need [them] anymore.� They said that while issues like racism may be real, they are no longer a problem in West Virginia. Systemic racism and sexism, however, are unequivocally still present in West Virginia and the United States as a whole.

Lawmakers OK cellphone ban, other education bills

In his State of the State, Morrisey called for teacher pay raises as West Virginia’s public school teachers are the least paid in the nation. He never requested a bill that could have implemented a raise.

He did, however, push a measure passed by both chambers, HB 2003, that would limit the use of personal electronic devices like cellphones in school classrooms during instructional time. If counties permit students to bring a cellphone on school property, counties are tasked with developing their own policies. Students may be required to store the devices in containers or pouches provided by the county.

Lawmakers also passed HB 2755 that would give lawmakers the ability to review or challenge West Virginia Board of Education polices — even though citizens soundly rejected that in a statewide vote in 2022. Opponents of the legislation have said it is unconstitutional and likely to be challenged before the state Supreme Court.

Another high-profile education measure, SB 199, would bolster elementary school teachers’ ability to remove disruptive and violent students passed the Senate and House. The measure, two years in the making, was a top request from West Virginia teachers who said worsening student behavior — particularly among the state’s youngest learners — impeded their ability to teach.

Legislation targeted election fraud, voting

Numerous bills relating to campaigns and elections, as well as governmental functions generally, were considered by lawmakers this session. Some related to financing in elections while others implemented changes on how residents can vote and who, under certain terms, is allowed to run for office.

The state is poised to tighten its laws on acceptable forms of photo identification that can be used at West Virginia polling places. HB 3016, meant to address voter fraud and bolster secure elections, would require a photo ID — typically a driver’s license, passport or a resident identification card — to vote in person.

Lawmakers completed legislation on SB 50, requiring municipalities to hold their elections on the same date as statewide elections, on Saturday night. In the final version, cities would have until 2032 to align their elections with those by the state.

They also enacted SB 490, which prohibits rank-choice voting in the state. The bill was marked by Republican Secretary of State Kris Warner as a priority for his office before session began in February, even though rank-choice voting does not occur in the state.

A bill regarding absentee ballots — HB 2117 — died after passing in the House when the Senate did not take it up. The bill would have set a deadline of 7:30 p.m. on Election Day for absentee ballots to be received and prohibited people or entities from sending absentee ballot applications to people who did not ask for them.

And — in a rare move this session — Republican lawmakers in the House joined with Democrats in rejecting HB 2719, which would have allowed businesses and corporations in the state to directly donate up to $2,800 to political candidates. The body voted 54-41 against the bill.

HB 3412, a bill that would have revised the state’s Freedom of Information Act, passed in both chambers, but died after the House of Delegates did not take up a message to concur on the Senate’s changes to the legislation.

Most foster care, substance abuse bills died

There were a number of foster care bills, many a year in the making, that were meant to address widespread problems in the state’s overburdened child welfare system currently serving more than 6,000 kids.

The majority of those measures never made it up for a vote or failed to complete legislative action, but HB 2880 — an omnibus bill that brought together several foster care measures — passed the House and Senate through negotiations Saturday night. A part of the bill would create a “Parent Resource Navigator� to assist a parent to be unified or reunified with their child.

A slew of bills were introduced this year that would have drastically changed what services are available to people who use drugs or who are in recovery from substance use disorder.

Despite early movement, most of those ended up stalling out in committees without being taken up for serious consideration — including two bills to ban and limit syringe service programs, a bill to ban opioid treatment programs and add a tax to lifesaving Narcan in order to fund a “tip line� for people who provide tips that allow law enforcement to prosecute trafficking crimes.

Perhaps the most impactful piece of drug legislation that was adopted this year was SB 196, which introduces mandatory minimum sentences into state code for transporting cocaine, heroin, methamphetamine and fentanyl into West Virginia. The bill also removes alternative sentencing options — like probation or home confinement — for those who are jailed on those charges.

The legislation was adopted by the Senate on March 11. Lawmakers in the House amended the bill, changing how drugs would be weighed to determine penalties and also removing a provision saying someone would have to be aware of fentanyl being present in their drugs to be charged under certain parts of the code. The amended version passed the House on April 11 and the Senate accepted the House’s changes to the law the next day.

While abortion in the state is already illegal except in rare circumstances, the Senate passed SB 85, which would have targeted out-of-state health care providers and others who send abortion-causing medication to people in West Virginia, except when it’s legal. The bill died after the House of Delegates did not take it up.

The House Health and Human Resources Committee considered but never passed HB 2350, which would have prohibited food stamp recipients from using their benefits to purchase soft drinks and candy.

Morrisey signed a bill that will ban a list of artificial food dyes from being included in food items sold in grocery stores or in school lunches. The measure, HB 2354 received heavy pushback from the food and beverage industry, who say it will raise prices for many drinks and shelf-stable foods. The ban on dyes in school food is set to take effect in August, and the rest of the ban will take effect in 2028.

Camping ban bill failed

An attempt to pass a statewide camping ban aimed at homeless people failed after the Senate moved HB 2382 to the rules committee and never put it back on the calendar for a vote. The legislation passed in the House with a 89 to 9 vote.

The bill, which wasn’t a priority for Morrisey, would have imposed fines of up to $500 and up to 30 days in jail for people who use camping paraphernalia — including tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment — on governmental or public property, grounds or lawns.

The Senate Health Committee considered but never passed SB 614, which would have allowed pharmacists in the state to sell ivermectin for human use over the counter and without a prescription. The bill hinged upon the federal Food and Drug Administration approving the drug — which is commonly prescribed for animals to treat some parasites — for human use in wider circumstances than currently allowed.

Weakening child labor, medical licensure laws

The Legislature completed legislation on SB 427, which would repeal the requirement that 14- and 15-year-olds seeking employment have a work permit.

The minimum legal age to work in West Virginia is 14. Current state law requires 14- and 15-year-olds who want to work to get a permit from their school superintendent. Under the bill, employers seeking to hire the teenagers would be required to obtain an age certificate verifying the child’s age from the state Division of Labor and the written consent of the child’s parent or guardian.

Proponents of the legislation say it simplifies the process for teens seeking employment. Opponents say that work permits are important to help ensure compliance with child labor laws.

The Legislature also completed legislation on SB 458, which allows licensed and certified professionals to practice in West Virginia without taking additional examinations to attain local licensure or certification.

Morrisey signed the bill, calling it a “huge step forward to make West Virginia more competitive, attract jobs and workers, and grow opportunities for both current and future residents.�