WV Senate hears vaccine exemption bill

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CHARLESTON – Gaveling in on a cold, snowy Monday, the state Senate held its fourth day of floor votes on Feb. 17, lasting just over thirty minutes. Senators heard the first reading of Senate Bill 460, legislation seeking to carve out vaccine exemptions for schools.

The bill was spawned by Gov. Patrick Morrisey’s Day One executive order allowing families to claim religious exemptions from required vaccinations at West Virginia schools. Until recently, West Virginia had one of the nation’s strictest vaccine policies for its students. It was one of just four states that only allowed medical exemptions to vaccination.

SB 460 would allow parents or legal guardians to object to immunization against diseases like chickenpox, polio, whooping cough and measles due to “religious or philosophical beliefs.” Students attending full-time virtual public schools, or private or parochial schools, will be automatically exempt from immunization requirements if the bill is adopted as written.

To qualify for an exemption, parents or guardians simply have to submit an annual written statement stating their objection to vaccines on a religious or philosophical basis. The bill says this written and signed statement “shall be sufficient to establish an objection.”

Vaccines provide communities with herd immunity, limiting the spread of disease. When vaccine exemptions are expanded, the risk of disease outbreaks increases. Community members with compromised immune systems, severe allergies to vaccines or a history of serious adverse reactions to vaccines are most at risk when vaccination levels decrease.

Former governor Jim Justice vetoed a 2024 bill that would have provided similar vaccine exemptions. He cited widespread concern from the state’s medical professionals, who said the legislation would “cripple” childhood immunity to diseases like mumps and measles, according to reporting from West Virginia Watch.

West Virginia’s consideration of SB 460 comes as a rural West Texas community has battled a measles outbreak for weeks.

The outbreak is occurring in an area where 18 percent of students are covered by vaccine exemptions, one of the highest rates in the state. Health officials say misinformation and fear over Covid-19 vaccines have contributed to the county’s dropping vaccination rates.

Other Senate Business…

Senate Joint Resolution 8, sponsored by eleven Republican senators, seeks to propose an amendment to the state constitution stating “only citizens of the state who are citizens of the United States” shall be entitled to vote in elections. Federal law already requires U.S. citizenship to vote in national elections.

If approved, the measure would need to be ratified, or rejected, by West Virginia voters during the 2026 General Election. The resolution was passed to the Senate’s Judiciary and Finance Committees for their consideration.

The Senate also passed two bills amending language in the state’s tax code, related to personal and corporate income tax. HB 2024 and HB 2025 are simple amendments, updating effective dates to 2025 to align the state’s tax code with federal standards.

In more light-hearted news, the Senate approved multiple resolutions related to the great outdoors.

Senate Resolution 6 commemorates the 75th anniversary of the Sport Fish Restoration Program as part of the American system of conservation funding. It was adopted by the body.

The program, created in 1950, provides funds to “fish and wildlife agencies of the states, the District of Columbia and U.S. territories for fishery projects, boating access and aquatic education.”

The Senate also discussed six concurrent resolutions seeking to recognize West Virignians by dedicating memorial bridges in their honor. The resolutions were forwarded to the Senate’s Transportation and Infrastructure Committee.

Before adjourning for the day, Sen. Rupie Phillips, R-Logan, requested a moment of silence to pray for the people of southern West Virginia impacted by recent catastrophic flooding.

“I think we all know what’s happened down in Southern West Virginia, eastern Kentucky…it’s devastating. [It’s] just unreal,” Phillips said of the floods.

On Friday, historic rainfall hit the state leading to mudslides, flash flooding and rising streams. Gov. Morrisey said in a Sunday press briefing that more than 38 swift water rescues have occurred throughout the state. As of Monday, state officials confirmed one death as a result of the flood. Some 30,000 people were still without power as of Monday morning.

The counties of Mingo, McDowell and Mercer are among the hardest hit. The Tug Fork River hit 49 feet in Williamson, causing homes, businesses and roads to become inundated with water. The downtown area of Welch was similarly flooded, with cars seen floating down the river.

The Senate will meet again at 11:00 a.m. on Tuesday, Feb. 18.