March 11 was the end of the sixty day legislative session for 2023. Legislators went home having passed 333 bills (293 bills passed in 2022). The Governor has signed nearly one-third of these bills and is expected to sign the remainder soon (he signed all but 13 bills passed in 2022). Absent a special session called by the Governor, our legislators will next meet in January 2024 to vote on new legislation.
State Budget
The 2024 budget (for the fiscal year that begins on July 1, 2023 and ends on June 30, 2024) is $4.87 billion dollars, a slight increase from the 2023 budget. It includes many standard items for running the state as well as raises, rebates, and tax rate cuts. It relies on budget surpluses (actual taxes collected that exceed the expected collections used for purposes of crafting the budget) to replace the income taxes that were cut and to fund the rebates for personal and business property. Surpluses are currently at all-time highs and are not guaranteed for the future. While the tax cuts and rebates are welcome, it is unclear if they will be permanent and what steps will be taken if surpluses fall.
How our local delegation voted on the budget: For – Sens. Barrett, Rucker, Delegates Clark, Espinosa, Hardy; Not voting (absent) – Delegate Ridenour. Status: the Governor has signed this legislation.
Pay Raises For Public Employees
Public employees (public school teachers, school service personnel and state police) are to receive an annual pay raise of $2,300 effective July 1, 2023. Effective in 2025, the Governor is to receive a $30,000 raise and the constitutional officers (state agriculture commissioner, attorney general, auditor, secretary of state and state treasurer) will receive $20,000 raises. Also approved were raises and reimbursements for delegates and senators, effective in 2025.
How our local delegation voted: For pay raises for public employees – all members of our local delegation. For pay raises of governor, constitutional officers, delegates, and senators – Sens. Barrett, Rucker, Delegates Clark, Espinosa, Hardy; Not voting (absent): Delegate Ridenour. Status: the Governor has signed this legislation.
Tax Rebates
Tax rebates for personal property taxes (on such items as cars and boats) and business personal property were approved. This means that these taxes must still be paid to counties but will be treated as a rebate on state income tax returns.
All members of our local delegation voted for this legislation and the Governor has signed this legislation.
Tax Rate Cuts
The legislature passed a tax rate cut of 21.25 percent effective January 1, 2023. The state tax department has provided new tax tables to employers so that withholding in paychecks will reflect this tax rate cut. At year end, taxes will be calculated on individual returns using the new tax rate. Excess withholding will be applied to taxes due and may result in a refund.
All members of our local delegation voted for this legislation and the Governor has signed this legislation.
Limit On Insulin Costs
As of January 1, 2024, a patient’s cost of insulin is capped at $35.00 per month.
How our local delegation voted: For – Sens. Barrett, Rucker, Delegates Clark, Espinosa, Hardy; Against – Delegate Ridenour. Status: The Governor has signed this legislation.
Public Employees Insurance Association (PEIA) Premiums
Citing increases in expenses, the Governor signed a bill to raise premiums (except for retirees), even though he has previously said he would not raise premiums while in office. While each individual insurance situation is unique, it is expected that the premiums will increase approximately $200 per month for a married individual covering their family and spouse.
All members of our local delegation voted for this legislation and the Governor has signed this legislation.
PEIA Retiree Raises
Retirees with 20 years of service, who are 70 years old by July 1, 2023, and who currently receive less than $1,000 a month will receive a one-time payment of $1,500.
How our local delegation voted: For – Sens. Barrett, Rucker, Delegates Clark, Hardy, Ridenour; Not voting (absent): Delegate Espinosa. Status: the Governor has signed this legislation.
Guns on Campus
Concealed weapons are now permitted, and cannot be excluded, from college campuses in West Virginia.
All members of our local delegation voted for this legislation and the Governor has signed this legislation.
Economic Development Authority
Of the ARPA funds that were given to West Virginia (federal funding to assist states to recover from the COVID epidemic), $482 million was transferred to the Economic Development Authority at the end of the session. ARPA funds may only be used to replace revenue lost during COVID. They may be used for such items as (a) investing in broadband, sewer, and water, and (b) for household items such as food, rent, mortgage, utility assistance and childcare. The legislature put no such restrictions on the funds allocated to the Economic Development Authority.
All members of our local delegation voted for this legislation and the Governor has signed this legislation.
Dark Money
Changes were made to allow lobbying groups to report fewer donations. This means that the public will not know everyone who is giving money to support issues.
How our local delegation voted: For – Sens. Barrett, Rucker, Delegates Clark, Espinosa; Against– Delegates Hardy, Ridenour. Status: Still awaiting the Governor’s signature (as of March 25).
PFAS (Forever Chemicals)
Legislation was passed to address the PFAS issues with our water. Funds have been dedicated to the Department of Environmental Protection to begin addressing our water quality.
How our local delegation voted: For – Sens. Barrett, Rucker, Delegates Clark, Espinosa, Hardy; Against – Delegate Ridenour. Status: Still awaiting the Governor’s signature (as of March 25).
Marriage Act
The minimum age to marry in West Virginia is now 18, with a limited exception for 16 and 17 year-olds. Prior to this time, children as young as 14 have married with the consent of parents and the courts.
How our local delegation voted: For – Sens. Barrett, Rucker, Delegates Clark, Espinosa; Against – Delegate Ridenour; Not voting (absent) – Delegate Hardy. Status: Still awaiting the Governor’s signature (as of March 25).
The detailed history of all legislation for the recent session is available at WVLegislature.gov (bill status).
Susan Benzinger is a retired tax attorney and active volunteer in Jefferson County. During her 2022 campaign for WV State Delegate campaign she became very familiar with the issues facing West Virginia and offered to share updates on the state legislature during the 2023 session for The Observer.
By Susan Benzinger