Steven Allen Adams The West Virginia Senate passed more than 40 bills Friday on the next to last day of the 2022 legislative session under sunny skies and 65 degrees.

CHARLESTON – Nearly 25 days after the West Virginia House of Delegates passed a bill banning abortions after the 15th week of gestation, a state Senate committee took the bill up on the next to last day of the 2022 session as lawmakers worked their way through legislation.

The Senate Health and Human Resources Committee recommended House Bill 4004, banning abortions after 15 weeks, for passage Friday afternoon.

The bill still must be taken up by the Senate Judiciary Committee before midnight Saturday when the 60-day legislative session comes to its end, unless that is waived. The Senate also must agree in a four-fifths vote of members present – 27 members — to suspend the state constitutional provision that bills be read on three separate days.

HB 4004 would prohibit licensed medical professionals from performing abortions if the gestation period of the fetus is determined to be greater than 15 weeks. Currently, West Virginia has a ban on abortions past 20 weeks. HB 4004 includes exemptions for medical emergencies or in the instance of severe fetal abnormalities.

The Senate Health and Resources Committee approved a strike-and-insert amendment to HB 4004 Friday. The only substantive change between the House’s bill and the Senate committee’s amendment is that the bill would go into effect on March 15, 2023. Cindy Dellinger, counsel for the committee, said the date was set to give the U.S. Supreme Court time to render a decision regarding a similar law in Mississippi

“There is litigation pending in the United States Supreme Court regarding this law, the 15-week abortion ban as it is known, is constitutional,” Dellinger said. “The thought is the delayed effective date will give time for the United States Supreme Court to render its decision regarding that decision.”

The U.S. Supreme Court heard arguments in December in Dobbs v. Jackson Women’s Health Organization regarding a Mississippi law banning abortions after 15 weeks. West Virginia Attorney General Patrick Morrisey joined a 24-state coalition filing a brief in support of the 15-week ban.

“If that were to come down in favor of the 15-week abortion ban, this law would go into effect and nothing would need to be done,” Dellinger said “If not, it would give time for the Legislature to subsequently act in regards to this statute.”

The 1973 U.S. Supreme Court decision on Roe v. Wade opened the door for legal abortions. Supporters of abortion rights are concerned that court cases, such as the Mississippi case and others, could see the Supreme Court rolling back the protections for legal abortions in Roe v. Wade. Opponents of abortion believe that the Supreme Court overstepped its authority in legalizing abortion.

The Senate moved quickly Friday, passing more than 40 bills on its third reading agenda to get them across the finish line before the end of the session Saturday night.

(Adams can be contacted at sadams@newsandsentinel.com)