The Senate convened briefly Tuesday afternoon to change the effective date on a bill before adjourning the First Special Session of 2024.

The body changed the effective date of Senate Bill 1011 to May 22, 2024.

This leaves the status of Senate Bill 1001 up in the air and in the hands of the House of Delegates. Last night the Senate amended the bill to the original form as it passed out of the upper chamber Sunday night.

In that form, it would allow the secretaries of the Department of Health and the Department of Human Services to transfer money out of a new reserve fund to provide money for other line items, such as Medicaid and the intellectual and developmental disability (IDD) waiver program. However, the bill in this current form has no specific directives requiring DoHS to transfer those monies to those programs. The legislation would require the secretaries to file monthly reports to the Legislature’s Joint Committee on Government and Finance to explain any transfers. It would also prevent any expenditures from these appropriations after March 30, 2025, returning any remaining funding in those line items back to the general revenue fund.

The House prefers a bill with specific spending directives to agency heads. In that body’s amended bill yesterday, the legislation would require DoHS to use some of the $183 million for specific line items. This version would require the DoHS use $10.3 million to increase provider rates for Title 19 aged and disabled waiver program, $10.7 million to increase provider rates for the IDD waiver program, $6.6 million to increase provider rates for personal care services, and $135,000 to increase provider rates for Traumatic Brain Injury (TBI) waiver program.

Given the Senate has adjourned with the bill in its original Senate form, the House’s option later this afternoon will be to either accept the Senate’s version or allow the legislation to fail.

The Senate is adjourned Sine Die

The Senate took action on three bills over the course of three brief floor sessions Monday evening.

The body concurred in the House amendment to complete action on Senate Bill 1015. The bill requires deposits into the Rainy Day Fund up to 20 percent of the average of the base appropriations made in annual budget bills for the three prior fiscal years. The approved House amendment to the legislation removes the Department of Revenue’s discretion to deposit more than 20 percent, setting a hard cap.

The Senate amended the House amendment to Senate Bill 1001, which would return cut funding to the Department of Health (DoH) and the Department of Human Services (DoHS). The legislation would restore more than $5 million for DoH and more than $183 million for DoHS. The bill creates reserve funds in both departments for the restored funding.

The legislation as it passed the Senate Sunday evening would allow the secretaries of the departments to transfer money out of a new reserve fund to provide money for other line items, such as Medicaid and the intellectual and developmental disability (IDD) waiver program. However, the bill has no specific directives requiring DoHS to transfer those monies to those programs. The bill would require the secretaries to file monthly reports to the Legislature’s Joint Committee on Government and Finance to explain any transfers. It would also prevent any expenditures from these appropriations after March 30, 2025, returning any remaining funding in those line items back to the general revenue fund.

The House amended the bill Monday to require DoHS to use some of the $183 million for specific line items. The new version of the bill would have required DoHS use $10.3 million to increase provider rates for Title 19 aged and disabled waiver program, $10.7 million to increase provider rates for the IDD waiver program, $6.6 million to increase provider rates for personal care services, and $135,000 to increase provider rates for Traumatic Brain Injury (TBI) waiver program.

The Senate responded by rejecting the House amendment and amending the bill back to the original form that passed Sunday night, which restores the funding and gives the secretaries the discretion to use it, but provides no specific line items.

Later in the evening the House refused to concur and asked the Senate to recede from their amendment that restores the bill to its original form. Senate Bill 1001 remains the lone bill left to work on in the Special Session.

Finally, the Senate suspended the constitutional rules requiring a bill be read on three separate days to complete action on House Bill 113, which will prohibit payment to residential substance use disorder treatment facilities that do not meet certain requirements. Senator Mike Woelfel (D -Cabell, 05) explained that the legislation requires the facilities to have accreditation as well as licensing, two things he said should help to eliminate exploitative facilities. He shared his belief that with the passage of this bill, West Virginia will lead the country in best practices in this area.

The Senate is adjourned until tomorrow, May 21, at Noon.

The Senate suspended the constitutional rules requiring bills be read on three separate days and passed six bills on the second day of a Special Session that coincides with May interim meetings.

Senate Bill 1007 contains $40,000 for a higher education grant program, $32,000 for general support to state colleges and universities and just over $11,000 for a college access grant.

Senate Bill 1008 is a $2 million direct transfer to the Department of Veterans’ Assistance.

Senate Bill 1009 is an appropriation of just over $2 million to the Board of Education, State Aid to Schools.

Senate Bill 1010 is an appropriation of just over $61 million for the Department of Administration, Office of Technology reorganization.

Senate Bill 1011 expires funds from the PEIA Rainy Day Fund.

Senate Bill 1012 moves expiring funds from the Lottery Education Fund to the Department of Arts, Culture, and History.

These bills now head to the House of Delegates for consideration. The remaining item for the body to pass is Senate 1013, which would prohibit payment to residential substance use disorder treatment facilities that do not meet certain requirements. This bill remains on second reading today in the Senate.

Also, on Monday, the Senate honored the life of longtime delegate and state senator Bob Ashley with the adoption of House Concurrent Resolution 101.

The Senate is in recess until 5:30 p.m.

The Senate suspended the constitutional rules requiring bills to be read on three separate days and passed eight bills on Sunday evening to begin the First Special Session of 2024.

The bills that were passed Sunday night include:

Senate Bill 1001 restores funding for Medicaid and the IDD waver program that was cut during the Regular Session.

Senate Bill 1002 is an appropriation to the Division of Highways.

Senate Bill 1003 restores $50 million of funding to the Governor’s Civil Contingency Fund to construct an agricultural lab at West Virginia State University.

Senate Bill 1004 appropriates $10 million to the Posey Perry Emergency Food Bank Fund.

Senate Bill 1005 is an appropriation to the Department of Education that deals with funding of the Hope Scholarship Fund.

Senate Bill 1006 is an appropriation to the Bureau for Medical Services, Policy and Programming, and to the Board of Education.

Senate Bill 1014 clarifies the procedure for political party nomination of presidential electors.

Senate Bill 1015 changes the formula used to determine deposits into the state’s Rainy Day Fund.

The above bills now head to the House of Delegates for consideration.

Senate bills 1007-1013 were read a first time Sunday and will be on second reading tomorrow.

Also on Sunday, the Senate adopted two resolutions to support West Virginia students who have been with problems with the Free Application for Federal Student Aid, commonly called FAFSA.

Senate Resolution 101 urges the US Department of Education to accelerate processing of Free Application for Federal Student Aid.

Senate Resolution 102 urges the continuation of the State of Emergency and suspending certain requirements for Free Application for Federal Student Aid.

The Senate is adjourned until tomorrow, May 20, at 12:30 p.m.