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CHARLESTON -- With two days left until the end of the West Virginia Legislature's 2022 session, the House of Delegates and state Senate spent Thursday working through bills to get them ready for passage by midnight Saturday.
The Senate had 18 bills on third reading that it passed, with 42 bills on second reading and amendment stage. The Senate also adopted a strike-and-insert amendment to Senate Bill 250, the budget bill, in a 32-0 vote.
The bill marries the Senate and House version of the budget with an updated budget adjustment letter sent Thursday to the Legislature by Gov. Jim Justice.
"This strike-and-insert is a compromise between the Senate and the House of Delegates," explained Senate Finance Committee Chairman Eric Tarr, R-Putnam.
SB 250 sets the general revenue budget for fiscal year 2023 beginning in July at more than $4.635 billion, a $10 million decrease from the budget bills presented by the Governor, the House and the Senate. The bill left more than $300,000 unappropriated. The compromise includes 18 items in the back of the bill that would be funded with available surplus tax revenue at the end of the current fiscal year. The surplus appropriations total $1.058 billion.
The House passed 40 bills on third reading during an all-day floor session Thursday. House members had an even larger agenda for bills on second reading, with 53 bills on second reading Thursday. However, the heavy agenda and lengthy debates caused tempers to flare as morning turned to evening.
The House ended up sending 30 of the 53 bills on second reading to the House inactive calendar to let cooler heads prevail after Del. Kayla Young, D-Kanawha, requested that all bills be read in full, a parliamentary tactic often used as a protest and a request that cannot be blocked or denied.
Much of the contentious debates in the House centered around amendments to Senate Bill 268, creating an exemption from compulsory school attendance for children who participate in learning pods and micro schools; Senate Bill 463, the Best Interests of the Child Protection Act; and SB 498, the Anti-Racism Act.
SB 498 prohibits the teaching that an individual's moral character is derived from their racial identity or that they bear responsibility for actions committed by those of similar racial backgrounds. It includes protections for free speech, historical discussion, and academic freedom under certain circumstances as long as alternative theories are discussed. It also includes a complaint and appeal process for students, parents, and staff to report violations of the provisions of the bill.
A contentious debate broke out Thursday afternoon on a failed amendment offered to SB 498 by several Democratic delegates led by House Education Committee Minority Chairman Sean Hornbuckle, D-Cabell.
The amendment would have created the American History Enrichment Act, creating a commission made up of representatives of higher education, public school history teachers, and teachers representing minority groups. The commission would review existing course material regarding minority populations and recommend changes.
House Speaker Pro Tempore Gary Howell, R-Mineral, was presiding over the House when the amendment was offered, ruling that the amendment was not germane to the bill. Hornbuckle challenged the ruling of the chair, which was upheld in a 75-21 vote, throwing out the amendment.
"The amendment speaks to the fundamental purpose of the piece of legislation that is before us, speaking to the administering of history in our classrooms and how it is taught," Hornbuckle said. "Regardless of if you want to vote for the amendment or not, be consistent in our display of democracy."
"I do not think this is germane," said House Education Committee Chairman Joe Ellington, R-Mercer. "This is supposed to be about racism and here it is creating a commission on American history enhancement. That is nowhere near what this bill was talking about."
(Adams can be contacted at sadams@newsandsentinel.com)