The House reconvened at 10:15 p.m.

The House reconsidered Senate Bill 3001 to reform Delegate Steele’s amendment. The amendment was adopted, and the bill passed the House.

The House refused to concur with the Senate on House Bill 302, clarifying abortion law. A conference committee was requested.

House Bill 304 was read for the second time.

The House is adjourned until the call of the House Speaker.

The House amended Senate Bill 3001 today. The primary amendment is the House’s “strike and insert” amendment of the Senate’s bill.

The House’s amended Senate Bill 3001 does the following:

• • • Provides an adoption tax credit
    • Defines unborn child and provides an unborn child tax credit
    • Provides early intervention services for adopted children, such as Birth to Three, Right from the Start, and Drug-Free Moms and Babies
    • Allows for an unemancipated minor to receive contraceptives without a prescription with guardian consent
    • Requires medical insurance, including PEIA, to cover tubal ligations and vasectomies without prior authorization or long waiting periods
    • Allows a pregnant mother to seek child support for her unborn child for up to the total cost of her pregnancy medical expenses
    • Enables child welfare multidisciplinary treatment teams to meet monthly and adds to the teams a managed care case coordinator, and child-placing agency case coordinator

Several amendments to the primary (strike & insert) amendment were adopted.

Delegate Steele’s amendment requires a petition to be filed for court-ordered paternity designation and an allocation of custodial responsibility, child support, decision-making authority, and visitation. A petition may not be heard by the court if the petitioner is found to be abusive, neglectful, or has abandoned the child named in the petition. If it is found the child in the petition was conceived as the result of a sexual offense or incestuous relationship, then the offending party shall be denied any and all allocation of custodial responsibility, decision-making authority, visitation or contact between the offending party and child. The court may still order the offending party to pay child support.

Delegate Keaton’s amendment adds mental health services expenses to the list of qualifying adoption expenses under the adoption tax credit section of the bill.

Delegate Kessinger’s amendment requires all state and federal laws governing insurance coverage to apply to self- administered contraceptives ordered or dispensed by a pharmacist.

The first amendment, from delegates Fast, Honaker, Longanace, Mallow, Martin, and Horst, requires local health departments to receive authorization from a guardian to dispense contraceptives to an unemancipated minor, to provide education and counseling on the risks of STDs and failure rates or contraceptives, and provide education and counseling on the importance of abstinence.

The second amendment, from delegates Fast, Honaker, Longanace, Mallow, Martin, and Horst, strikes out Section 601 of Chapter 49, Section 4.

Delegate Tully’s amendment states that nothing in this section prohibits the health department from obtaining grants, or appropriations to cover the cost of contraceptives or billing insurance plan or Medicaid.

Delegate Ellington’s amendment removes “hysterectomy” as a sterilization process, as it is no longer performed to sterilize.

Other amendments were offered and rejected. The House’s amended “strike and insert” was adopted. It advanced to the Senate.

The House is in recess until 6 p.m.

The House convened this afternoon for the fourth day of the third extraordinary session.

Today, the House considered House Bill 301, which reduces personal income tax rates. The bill applies rates retroactively to January 1, 2022.

The rate changes in the bill for individuals (except married individuals filing separately), individuals filing join, heads of households, estates, and trusts are as follows:

• • • Under $10,000 – from 3 percent to 2 percent
    • Above $10,000 but below $25,000 – from 4 percent to 3.7 percent
    • Above $25,000 but below $40,000 – from 4.5 percent to 4.2 percent
    • Above $40,000 but below $60,000 – from 6 percent to 5.5 percent
    • Above $60,000 – from 6.5 percent to 5.98 percent

The rate changes in the bill for married individuals filing separately are as follows:

• • • Under $5,000 – from 3 percent to 2 percent
    • Above $5,000 but below $12,500 – from 4 percent to 3.7 percent
    • Above $12,500 but below $20,000 – from 4.5 percent to 4.2 percent
    • Above $20,000 but below $30,000 – from 6 percent to 5.5 percent
    • Above $30,000 – from 6.5 percent to 5.98 percent

Amendments were offered and rejected. The bill advances to the Senate with a vote of 78-7 (with 15 absent).

Senate Bill 3001 was read for the second time today. House Bill 304 was read for the first time.

The House convened today at noon for the third day of the third extraordinary session of 2022.

The first bill considered was House Bill 302, clarifying West Virginia abortion law.

House Bill 302 does the following:

First, it prohibits abortion in West Virginia under Chapter 16, Article 2R (The Unborn Child Protection Act) of the WV Code. The bill changes the definition of abortion to mean the intentional termination of a pregnancy. A medical emergency is defined as “a condition that so complicates the medical condition of a patient as to necessitate an immediate abortion to avert the patient’s death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.”

The bill includes new definitions for contraception, ectopic fertilization, fetal tissue research, implantation, and in vitro fertilization. Contraceptive remains available in the state, including emergency contraception such as Plan B.

The exceptions to the prohibition of abortion based on a medical professional’s opinion are non-viable fetus, ectopic pregnancy, and medical emergency. A House floor amendment passed today to add the exception of rape and incest under a 14-week gestational age with the requirement that the rape/incest be reported to a qualified law enforcement officer. Miscarries and stillbirths are not abortions and medical procedures to treat such are protected. Accidental death or unintentional injury to a fetus during medical treatment is not abortion.

The bill allows for Medicaid to pay for abortions permitted by Chapter 16, Article 2R, Section three of the WV Code.

If an abortion is performed based on the four exceptions on an unemancipated minor, a licensed medical professional must notify the guardian of the minor and allow 48 hours to pass before performing the abortion. If the minor objects to involving a guardian, the minor must petition for a waiver of the notice to the county circuit court.

The bill establishes penalties for violating this section of the code. In the updated code of Chapter 61, Article 2, Section 8, any person who performs an abortion or attempts to perform or induce an abortion in violation of Chapter 16, Article 2R of the code shall be guilty of a felony and shall face three to ten years in prison. If the woman dies due to the abortion, the person shall be guilty of murder. Licensed medical professionals who violate this section of the code will be considered as having acted outside the scope for practice permitted by law or in breach of the standard of care of the patient and is subject to discipline from the licensure board and potentially loss of licenses. Under this article, a mother shall not be subject to a criminal penalty for any violation. Any medical professional with the patient’s health in mind should not be subject to these penalties.

The bill repeals Articles 2F, 2I, 2O, 2P, and 2Q of Chapter 16 and Chapter 33, Article 42, Section 8 if Article 2R is deemed constitutional. If Article R2 is deemed unconstitutional, then the listed articles revert to being effective.

House Bill 302 also makes changes to Chapter 30, Article 1, Section 26 “Telehealth practice.” “Abortifacient” is added and defined as mifepristone, misoprostol or any other chemical or drug dispensed with the intent of causing an abortion. The bill prohibits the prescribing or dispensing of an abortifacient via telehealth.

The bill passed with 69 for and 23 against with 8 absent. House Bill 302 advances to the Senate.

House Bill 301 advanced to third reading with the right to amend. Senate Bill 3001 advanced to second reading.

The House adjourned until noon tomorrow, July 28, 2022.

The Finance Committee will meet tomorrow 9 a.m. in Room 464.