Thursday, August 21, 2025
Thursday, August 21, 2025
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House Judiciary Committee Approves Judicial Election Reform Bill

The House Judiciary Committee convened on Thursday, Jan 9 to consider multiple bills including House Bill 2008. This is a piece of legislation that would reform part of the West Virginia code that deals with the election of justices for the Supreme Court of Appeals.

H.B. 2008 states that a second election is to be held if no candidate receives the majority of votes in an election. In this case where no judicial candidate receives more than 40% of votes during the nonpartisan elections, then the top two will face off during the November general election. If again neither candidate receives at least 40% of the total votes cast in an election for that division held concurrently with the general election, a runoff election will occur including only the two candidates. The state will reimburse the counties for the cost of this election.

During the meeting, it was made clear that the terms for Supreme Court of Appeals elections are not specifically embedded in the West Virginia Constitution. According to the Constitution, the terms shall be prescribed by law.

After a few minutes of questions and discussion, House Bill 2008 was approved by the Judiciary Committee and is to be reported to the House Floor with the recommendation that it passes.

Additionally, the Judicial Committee is reporting H.B. 3039, relating to a court’s consideration of the expression of a preference by a child in certain child custody matters, and H.B. 4004, relating to creating the West Virginia Sentencing Commission, to the floor with the recommendation that they do pass.

House Finance Hears Revenue Highlights

Revenue Secretary Dave Hardy presented highlights of the upcoming fiscal year’s budget, including a brief overview on a proposed Medicaid Families First Fund.

Hardy, along with Deputy Revenue Secretary Mark Muchow, addressed the House Finance Committee Monday morning, going over West Virginia’s revenue figures.

Hardy outlined the surplus in Medicaid, which he said is projected to be $309 million at the end of the 2020 fiscal year. Some of the reasons, he said, for this surplus included a drop in people enrolled in Medicaid, projected savings of $54.5 million from the DHHR’s pharmacy benefits program, and a 1.7% increase in the federal match.

One recommendation, which was mentioned in Gov. Jim Justice’s State of the State address Wednesday night, is the creation of a Medicaid reserve fund, named Medicaid Families First Fund. Establishing this fund would require legislative action. Hardy said the recommendation is for the Legislature to dedicate $150 million to that reserve fund. Hardy said five other states have created similar Medicaid reserve funds.

Other recommendations in the budget is to dedicate about $24 million base-building funds for CPS, about $19 million toward eliminating the wait list for the Intellectual/Developmental Disabilities (IDD) waiver, $2 million toward backpack programs, and $1 million toward food banks.

Senate Judiciary Approves Bill to Ensure Ballot Access for Voters with Disabilities

The Senate Judiciary Committee met at 10:00 AM this morning to discuss Senate Bill 94, which was considered and recommended in December by the Joint Standing Committee. The purpose of this bill is to provide people with disabilities with the ability to vote via electronic absentee ballot. Under the bill, qualifying voters would automatically receive access to the electronic absentee ballot without having to reapply.

Representatives from the Secretary of State’s office explained that this bill will help West Virginians avoid lawsuits, promote the right for disabled persons to vote without assistance, and keep up with other states already utilizing this technology to make the ballot more accessible.

The bill was adopted and will be reported to the full senate with recommendation for passage.

Senate Introduces 95 Bills During Brief Floor Session

The Senate met at 11:00 AM to introduce Senate Bills 151-245 and refer them to the appropriate committees.

The bills introduced included Senate Bill 161. The purpose of the bill is to improve the repair and maintenance of state highways and roads. This bill will initiate the Enhanced Road Repair and Maintenance Program, as well as the Special Road Repair Fund. It has been referred to the Senate Committee on Transportation and Infrastructure.

Also among the bills introduced is Senate Bill 211, which will discuss unlawful discrimination covered by the Fair Housing Act and the Human Rights Act. This bill will prohibit discrimination in employment and public accommodation places towards people based on their sexual orientation or gender identity. This bill has been referred to the Senate Judiciary Committee.

Additionally, Senate Bill 230 has been introduced, which discusses suicide prevention in schools. The bill would require the State Board of Education to provide all professional educators, including administration and staff in contact with students, with instruction on recognizing warning signs and resources for student suicide prevention. This bill has been referred to the new Select Committee on Children and Families.

The Senate is now in recess until 11:00 AM tomorrow.
The Senate Finance Committee will meet at 3:00 PM today in room 451M.

Governor Justice Delivers State of the State Address

At 7 p.m. Governor Justice delivered the State of the State address with optimism for the current legislative session.

A conservative budget is planned for the session. On the top of the agenda, Governor Justice plans to dedicate funds for proposed legislation regarding the Medicaid Families First Fund. This would ensure that money is available to families that are in need. Another part of this plan would include eliminating the waitlist for the IDD waiver.

Governor Justice also hopes to make it a top priority to eliminate the Business Inventory Tax, starting this year and phasing it out over a time period. Another priority he mentioned included establishing an Intermediate Court of Appeals.

Other areas of the budget included dedicating funds to starting a new unit called the Narcotics Intelligence Movement, as well as funds for senior services, veteran care and childcare services.

Senate Begins Second Session of 84th Legislature

The Senate met at noon to begin the Second Session of the 84th Legislature. After adopting ceremonial resolutions to begin the session, Resolution 3 was adopted, which established the Select Committee for Children and Families. This committee will cover issues such as foster care and adoption, as well as other issues facing children and families in West Virginia.

Resolution 4 was also adopted, which would extend the time permitted for a senator to sponsor a bill until the final draft is presented to the clerk. It also allows senators to be removed from sponsorship until the bill is enrolled.

During session, Bills 1-149 were introduced to be considered in the 2020 legislative session and referred to the appropriate committees.

The Senate is now in recess until 6:45 PM this evening.

The Joint Judiciary Committee will meet tomorrow at 10:00 AM in room 208W.

Senate Finance will meet at tomorrow at 9:30 AM and again at 3:00 PM in room 451M.

House Convenes for the 2020 Legislative Session

This afternoon, the House has convened for the 2nd Regular Session of the 84th West Virginia Legislature. The House started off by adopting procedural resolutions.

HR-1 has been adopted, authorizing the employment of employees for this session. HR-2 has been adopted, authorizing printing and distribution of Acts of the Legislature and the Journals of the House. HR-3 has been referred to rules, amending the Rules of the House of Delegates.

House bills have been introduced for consideration, including HB2002 which relates to the Education Savings Account Act. Both carryover bills and new bills have been introduced.
The House is in recess until 6:50 p.m. today. The Governor will be delivering the State of the State address tonight at 7 p.m.

Economic Outlook: W.Va. Experiencing Concentrated Growth But Issues Remain

West Virginia’s economy has experienced some growth in the last few years but that growth has been concentrated in a few areas and there are other continued challenges the state faces, according to an economic forecast presented to legislators Monday.

John Deskins, director of the Bureau of Business and Economic Research, presented the West Virginia Economic Outlook 2020-2024 to legislators in the House Chamber Monday morning. Deskins said there are reasons to be positive in looking at West Virginia’s economy. However, he told legislators not to lose their sense of urgency.

“Growth is underway and it is continuing but I don’t want to be too excited because that improvement isn’t happening everywhere. It is concentrated in a couple of dimensions. We need to focus on getting that growth to broaden in several ways across our economy,” Deskins said.

“Despite that growth, we still have long-running challenges,” he later added.

Some of these challenges Deskins outlined included low workforce participation, the need for a thriving workforce, volatility in the economy, and the fact that growth is concentrated in a few counties.

West Virginia lost 26,000 jobs during the recession but has slowly improved since 2016. Deskins explained West Virginia has added 10,500 jobs since that time. However, most of that growth has been concentrated in seven counties.

“I’m happy we added 10,000 jobs but at the same time, we need to maintain that sense of urgency in working hard to make sure growth broadens out to the other counties in the state,” Deskins said.

Deskins highlighted the energy sector, saying coal production declined from 158 million tons to an expected 90 million ton range last year. He said he expected coal production to be stable in the short-term but decline in the longterm. Most of the loss of coal production came from the southern coal fields.

Natural gas, meanwhile, has grown at a healthy pace. Although there is no finalized data from 2019, Deskins estimated about 25% growth last year. The biggest issue facing natural gas, he said is infrastructure.

Deskins also emphasized the need to diversify West Virginia’s economy, primarily through entrepreneurship to find the right industrial mix that works in West Virginia.

West Virginia still lags the nation in income growth and labor force participation. Currently, West Virginians earn $75 for every $100 the average American earns, Deskins explained. The area of personal income growth that is growing more rapidly is transfer payments—such as Social Security, disability, or unemployment – while wage and salary income and small business income are growing at a much slower rate.

The state’s unemployment rate is higher than the national average—at 5%. However, Deskins said the unemployment rate does not capture West Virginia’s main issue. Labor force participation — which is a measure of the economy’s active workforce calculated by the sum of workers employed or actively seeking employment is divided by the working-age population — is still last in the nation at 54%. This is 9 percentage points below the nation. That number improved slightly to 55% to 2019 but is still last in the nation. A lagging labor force participation has been an issue since the 1940s, Deskins explained.

Part of the reason for a lagging workforce participation rate is the fact that West Virginia has an older population. However, numbers are still low for prime working-age adults. He said some of the reasons for this low figure is a need for education and training, the drug epidemic and West Virginia’s overall health. West Virginia has a higher mortality rate than the rest of the nation.

“This is one of the most important statistics to characterize West Virginia’s economy,” Deskins said. “We will never achieve economic prosperity if we have 9% of the adult population sitting on the sidelines, compared to the national figure.”

Geographically, growth has been concentrated in a few regions. Deskins said the eastern panhandle and the north central part of the state have been experiencing growth. The economy in the metro valley has been flat, and the southern part of the state has grown slightly but has not recovered from the decline experienced from the recession.

“We need to think positively because of the growth we have seen. The recession is over and we are moving in the right direction. However, realistically, we will continue to see challenges and a small scope of growth,” Deskins said.

Flood Committee Endorses Three Bills for Regular Session

During Tuesday’s Joint Committee meeting on flooding, there was discussion on the draft legislation that would allow for more flexible free-hiring practices for at-will workers in Emergency Management. The purpose of the bill is to instigate more effective methods of hiring and firing workers and reducing the time required for obtaining or removing employees.

Senator Baldwin of Greenbrier raised concerns regarding the potential removal of workers under this legislation, questioning what was to become of individuals under civil service protections and whether they would be removed, and if the incentive is to reduce the number of workers altogether.

Homeland Security and Emergency Management officers assured Baldwin that the purpose of the legislation is not to lay off workers but to reduce the time and resources spent on hiring and firing, and to tailor teams according to specific needs. This would involve potentially redirecting workers to other natural disasters. The legislation was adopted for the 2020 session with no new amendments.

The Joint Committee also approved two other bills to help facilitate response to natural disasters.

WVMA President Presents Tax Repeal

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The West Virginia Manufacturer’s Association gave a presentation to the Joint Economic Development Committee regarding the potential elimination of the business inventory tax.
Rebecca McPhail, president of the association, told the committee how eliminating of the tax on manufacturing machinery and equipment would create a more competitive economy for West Virginia.
She said the proposed tax repeal would create more manufacturing jobs in the state, and the industry is already a big part of the state’s economy. McPhail projects that the tax repeal would bring more people into the state and help the retention of state population by attracting manufacturers.
“We are at a critical time in developing the long-term future economy of West Virginia,” McPhail said.
West Virginia is one of two states with the business inventory tax. McPhail argued the tax makes West Virginia one of the worst states for capital intensive manufacturing.
The association proposed phasing the tax out over a number of years to be determined by the Legislature. A draft resolution presented Monday to the Joint Standing Committee on Finance proposed phasing out the tax over four years at a cost of $100 million which the state would have to backfill for counties.
There was concern from several legislators regarding the logistics of this bill. Delegate John Doyle, D- Jefferson, questioned how the hole in the budget from the tax repeal would be substituted without shifting the burden to other individuals and smaller businesses.
McPhail cited natural revenue growth, saying phasing out the tax over a few years would allow growth to offset the difference in the budget without shifting to other resources.
Doyle believes that replacement money needs to be found before relying on natural revenue growth to cover the difference.
This tax repeal has been proposed to legislators in previous years. The proposed resolution would be a constitutional amendment, requiring two-thirds approval from both chambers before going to voters in the next election to approve the measure.