Morrisey vetoes 12 bills including foster care, school bus safety violations, & blood pressure cuffs for pregnant moms 

By Stephen Baldwin, RealWV

CHARLESTON, WV – Gov. Patrick Morrisey sent 12 letters to legislative leaders on Thursday morning, outlining the reasons for his decision to veto 12 bills approved by lawmakers this year. Summaries of each veto are below: 

• SB 744 (updating the Critical Incident Review Team of Child Protective Services) passed both chambers unanimously. The bill would have moved the incident review team under the direction of the Office of Inspector General, which is independent from the executive branch. Morrisey said that change was “unwise,” as the review process should occur within the executive branch in order to make any changes needed after incidents involving children. 
• HB 4730 (developing a continuum of care for children exiting foster care) passed the Senate unanimously and passed the House 95-1. Morrisey said, “This bill is a noble attempt to assist youths who have been in foster care for significant portions of their lives as they age out of that program.” But he rejected it on financial grounds, saying it would cost $5 million and could be done for less through existing programs. 
• SB 649 (requiring coverage of home blood pressure monitoring devices for certain Medicaid recipients, including pregnant and postpartum patients) passed the House unanimously and 30-3 in the Senate. “This bill would require the expansion of Medicaid that would result in some duplication of West Virginia’s plan, running counter to the existing cooperative agreement with the federal government,” Morrisey said. “I will work within the parameters of the Rural Health Transformation Program to effectuate the laudable intent of this bill, and to provide invaluable prenatal and postnatal care to all women, not only through home blood pressure monitoring, but also through extended access to quality health care.” (Notably, access to women’s health care is dwindling across the state with multiple obstetrics units closing this spring.) 
• SB 558 (adding new school bus safety violations by vehicle operators) passed both chambers unanimously. Morrisey said the bill failed to set a maximum penalty for a two-time offender, which he deems a fatal flaw. He also said it would drive up county jail bills. 
• HB 4626 (establishing a grant program to fund FDA trials of igobaine as a substance use disorder treatment) passed the legislature unanimously. “I share the Legislature’s interest in developing new methods to tackle our drug epidemic, and I applaud its willingness to think outside of the box,” Morrisey said. “Yet, this bill inserts the state into an activity which is better left to the private sector.” 
• SB 705 (creating the crime of theft by conversion) passed the legislature unanimously in both the House and Senate. Morrisey said he rejected it because “the bill allows for up to five separate counties to have concurrent jurisdiction, regardless of whether any criminal activity occurred within the county’s borders.”
• SB 672 (relating to acts for which WV Real Estate Commission may refuse, suspend, or revoke licenses) passed the legislature overwhelmingly. Morrisey said it contained a fatal technical flaw and encouraged legislators to revisit the topic next year.
• HB 5074 (changing the allocation of proceeds in the Medical Cannabis Program Fund) passed the legislature overwhelmingly. Morrisey’s veto letter said, “West Virginia must do better to plan for the future, and it can’t totally pre-commit future revenue streams like this if it’s going to have reserves to invest more in roads, water, sewer, site selection, rail, and future tax cuts.”
• HB 4893 (increase the penalties for contempt of court in a magistrate court) passed both chambers unanimously. Morrisey objected as he said the bill would lower the threshold for a jury trial in West Virginia. 
• HB 4002 (establishing the WV Collabatory, a policy commission comprised of representatives from higher education institutions and elected officials) passed both chambers but did face significant opposition from more conservative legislators. Morrisey vetoed it on the grounds that it violates separation of powers, giving legislators a role in work done by the executive branch. 
• SB 697 (relating to access roads under state control) also passed both the House and Senate unanimously. Morrisey said, “It is my understanding that Senate Bill 697 was drafted due to frustrations our timber industry has had with WVDOH as it relates to access points to timber property from our public roads.” He continued by saying any necessary changes can be made administratively rather than via a change in the law. 

A total of 304 bills were passed by the legislature this year. Ten became law without the governor’s signature. Twelve were vetoed. The remainder were signed into law.