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Governor Signs Four Bills From Special Session

Around the Capitol

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May 29, 2019

Governor Signs Four Bills From Special Session

Gov. Jim Justice has signed four bills that were passed during the special session.

Last week, the Legislature resumed its special session, passing 18 bills, before adjourning until further call of the House Speaker and Senate President. The Senate plans to reconvene Saturday.

On Tuesday, the governor signed four bills into law, including three bills directing money to improve state roads:

House Bill 119– Supplementing, amending, decreasing, and increasing items from the State Road Fund to the Department of Transportation
House Bill 133– Relating to the admissibility of health care staffing requirements in medical professional liability litigation
Senate Bill 1016– Supplemental appropriation to the Department of Transportation, Division of Highways
Senate Bill 1019– Supplementing, amending, decreasing, and increasing existing appropriations from State Road Fund to DOH for fiscal year ending June 30, 2020

Legislature Passes 18 bills, House Creates Four Select Education Committees

House Floor Session

Andrea Lannom

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May 21, 2019

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Legislature Passes 18 bills, House Creates Four Select Education Committees

The West Virginia Legislature passed 18 bills Monday, including bills dedicating money to secondary road maintenance and legislation to help the state’s medical cannabis program.

The Legislature resumed its special session to fix bills that were vetoed by Gov. Jim Justice. The governor had 33 bills on his amended call. Both chambers adjourned until further call of the House Speaker and Senate president.

Three bills that completed legislation – House Bill 119, Senate Bill 1016, and Senate Bill 1019 — would direct an additional $88.5 million to improve state roads, with a significant amount going toward secondary road maintenance.

The Legislature also passed Senate Bill 1037, which would allow for vertical integration in the state’s medical cannabis program. The bill allows people or businesses to hold grower, processor and dispensary permits instead of limiting them to just one. The bill additionally said patient certificates may not be issued until July 1.

A list of completed legislation can be found here.

The House created four separate education committees comprised of 25 members each. Nine bills, including the proposed teacher and service personnel pay raise bill, were assigned to these select committees. These bills were:

House Bill 134-increasing the annual salaries of public school teachers and school service personnel, which was referred to the Select Committee on Education D
House Bill 135– increasing the amount that a faculty senate of a public school may allocate to a classroom, which was referred to the Select Committee on Education A
House Bill 136– authorizing a study of student loan payments tax credits and a loan forgiveness program for teachers, which was referred to the Select Committee on Education B
House Bill 138-restoring local public school flexibility, which was referred to the Select Committee on Education D
House Bill 139-authorizing a competitive grant program to implement vocational-technical education programs, which was referred to the Select Committee on Education A
House Bill 140-providing a bonus for teachers willing to teach in certain critical needs areas, which was referred to the Select Committee on Education A
House Bill 141-relating to school calendar and testing, which was referred to the Select Committee on Education D
House Bill 142– relating to modifications to the school aid formula, which was referred to the Select Committee on Education A
House Bill 143– increasing the basic foundation allowance to the county for professional student support personnel, which was referred to Select Committee on Education A

A motion to take up for immediate consideration Senate Bill 1029, which would provide a pay raise for teachers and school service personnel, failed and the bill was sent to the Senate Education Committee. Six other education bills were referred to the Senate Education Committee:

Senate Bill 1030– increasing basic foundation allowance for county professional student support personnel
Senate Bill 1031– authorizing competitive grant program for vocational-technical education programs in middle schools
Senate Bill 1032– restoring local public school flexibility
Senate Bill 1033– modifying school aid formula
Senate Bill 1034– relating to studies of certain issues affecting public education
Senate Bill 1035– relating generally to high-quality education

A motion to suspend the constitutional rule requiring bills to be read on three separate days failed for House Bill 113, which would establish tax incentives for new businesses in opportunity zones. This bill was read a first time.

Bills advanced to second reading in the House were:

Senate Bill 1015– supplemental appropriation to Secretary of State, General Administrative Fees Account
Senate Bill 1017– supplemental appropriation to Department of Arts, Culture, and History, Educational Broadcasting Authority
Senate Bill 1020– supplementing and amending Chapter 31, Acts of the Legislature, 2019, known as Budget Bill
Senate Bill 1021-decreasing existing appropriation and adding appropriation to Department of Veterans’ Assistance
Senate Bill 1023– supplementing, amending, increasing, and adding items of appropriations to Attorney General, Consolidated Federal Fund
Senate Bill 1024– supplemental appropriation to Department of Agriculture Capital Improvements Fund
Senate Bill 1025– supplemental appropriation to DHHR, Division of Human Services for fiscal year ending June 30, 2019
Senate Bill 1027– adding new items and increasing existing items to various accounts
Senate Bill 1038– supplemental appropriation to the DHHR Division of Health’s Central Office

Delegate Chuck Little sworn into office

Swearing-In Ceremony

Andrea Lannom

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May 20, 2019

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Wood County Delegate Chuck Little was sworn into office Monday.

Little, a republican representing the ninth district, replaces Delegate Ray Hollen, who resigned earlier this month.

In his career, Little served 14 years with the West Virginia State Police, served as a special investigator on the U.S. House of Representatives Government Reform and Oversight Committee, a special agent for the U.S. Treasury Department, an investigative consultant with Bowles Rice McDavid Graff and Love PLLC, and currently works as a chief investigative consultant for Bailey and Glasser LLP.

West Virginia Supreme Court Justice Tim Armstead administered the oath of office in Monday morning’s ceremony and House Speaker Roger Hanshaw, R-Clay, assisted.

Flooding Committee Updated on School Construction, Stream Gauges

Interim Report

Andrea Lannom

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May 20, 2019

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Flooding Committee Updated on School Construction, Stream Gauges

The Joint Committee on Flooding heard updates on school construction in Nicholas and Kanawha counties and also heard updates on stream gauge installation.

Ben Ashley, director of architectural services at the School Building Authority told lawmakers that Kanawha County is tracking well, mentioning especially, Clendenin. He said Kanawha and Nicholas counties are nearing completion of FEMA’s mandated environmental assessments. Ashley said he is cautiously optimistic about the timeline.

Kanawha County completed the procurement, design and construction of portables. The environmental historical consultations of the historic review of Clendenin Elementary also has been completed, he said. The site justification process for both schools in Kanawha County also have been completed.

Clendenin Elementary is the farthest along in the process with the completion of FEMA’s internal legal review—which is part of a 50-day review window. This internal legal review is about to begin for Herbert Hoover High School.

Nicholas County received CEFP approval and school closure approval from the state Board of Education, he said. Ashley said the SBA is waiting on the status of submissions for Summersville, Glade Creek and the Cherry River sites. He said once that is approved, the 50-day review period starts.

Sue Chapman, director of finance for the School Building Authority, said $5,990,701 has been spent so far. In Kanawha County, $428,354 has been spent so far for demolition. In Nicholas County, $536,000 has been spent for demolition. The total amount spent in Kanawha County was 4,827,201 and $1,163,500 for Nicholas County.

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Jeremy White, with the U.S. Geological Survey Virginia-West Virginia Water Science Center, updated lawmakers on stream gauge installation.

White told the committee that if gauges were in place in White Sulphur Springs during the 2016 floods, people could have subscribed to receive texts or emails when these gauges reached a defined threshold. The Department of Highways then could have started closing roads earlier. Adding a gauge at Howard Creek in White Sulphur Springs was part of the 2019 network expansion.

Gauges also provide historical data of flooding to help understand potential future flooding events.

White said there is a need for funding so the gauges can be maintained. Current funding for installation and equipment upgrades ends September 30. He said there are sensors for about 90 percent of the sites and there is minor reconnaissance left to do. The goal is to have all gauges installed by that deadline. However, if there is no funding after that deadline, he said all 39 newly-installed stream gauges will not be supported or maintained and data will not be transmitted.

He told lawmakers $800,000 is needed to continue operating and maintaining the network – about $430,000 going toward the existing network and $370,000 for the new network.

The USGS receives about 60 percent of federal dollars and 40 percent of its funding from the state. He told lawmakers that a short-term supplemental request is needed to shore up the project for the coming year but in the future, they need more stable funding.

About $765,000 was provided through the state budget surplus funding in October 2018 to the Division of Homeland Security and Emergency Management, which signed a joint funding agreement with the USGS. About $425,000 was contributed directly to the existing stream network.

About $390,000 went to upgrades and installing 39 sites with 31 sites part of the Division of Homeland Security and Emergency Management’s IFLOW network. The USGS matched about $340,000 with additional one-time funds for infrastructure improvements and equipment purchases.

Flooding Committee Hears Updates on Richwood, RISE

Interim Report

Andrea Lannom

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April 30, 2019

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Flooding Committee Hears Updates on Richwood, RISE

The Joint Legislative Committee on Flooding met Tuesday, hearing from the State Auditor’s office and Maj. Gen. James Hoyer.

In the two-hour meeting, lawmakers heard updates on RISE and an audit examining Richwood’s finances.

Steve Connolly, general counsel for the State Auditor’s office, presented findings from the audit. The report started out as an investigation into allegations of purchasing card misuse but it later turned into an 18-month examination of Richwood’s finances.

According to the audit, which was released last month, FEMA allocated $3.1 million to help in recovery efforts from the 2016 floods. However, the audit said, “the city’s recovery has been inhibited by personal greed, incompetence and a complete disregard of fiscal management.”

“Sadly, the City of Richwood now teeters on the brink of bankruptcy, and the primary beneficiaries of the monies appear to be only a few public officials and their family and friends,” the audit stated.

Connolly told the committee a large sum of FEMA funds did not go to its intended purpose. He said the town received $2,574,657 in funds through the public assistance grants program, $36,000 through hazard mitigation, and $512,544 in community disaster loans.

Of the $2.5 million for the public assistance grants, Connolly told the committee about $518,000 was transferred to the general operating funds, at which point it became untraceable. He told the committee more than $900,000 from FEMA funds for specific projects resulted in questionable expenditures or documentation.

The audit outlined several issues, including money requested to repair the city’s main water intake. The city received about $500,000 from FEMA to repair the intake. However, the city made a $400 temporary fix with PVC piping and re-directed FEMA money to pay city officials’ salaries and city debts, according to the audit. The audit stated the water intake has not been repaired and on one occasion, the entire city’s water system was shut down.

Other issues outlined in the audit included:

Richwood has potential financial liabilities of nearly $3 million and the city does not appear to have financial means to pay off its liabilities
City Council gave discretion to a recovery team to pay themselves, family, and friends more than $468,000
The city failed to keep accounting of FEMA funds and diverted money from its intended purpose
Former Mayor Bob Baber gave his assigned purchasing card to unauthorized users for at least 19 purchases
Former Police Chief Lloyd Cogar misused his purchasing card, including spending more than $2,000 in tire purchases and services from his personal tire store

Connolly said former city officials were arrested following this audit. According to media reports, Cogar, Baber, former clerk Abigail McClung, and current Richwood Mayor Christine Drennen were arrested earlier this month.

The state Auditor’s office issued seven recommendations following the audit. Recommendations included for the Department of Military Affairs and Public Safety to evaluate how FEMA money is received and to institute better oversight of counties and municipalities that receive FEMA money.

Other recommendations included to establish a guidebook and mandate annual training for counties and municipalities on managing public money after an emergency.

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Hoyer gave lawmakers a brief update on RISE. He told the committee that as of Tuesday, there are 498 cases, representing an increase of 33 cases from last year.

He said the reason for this increase is because the case management team goes back through and identifies additional individuals eligible.

So far, 50 homes have been completed and 83 are under contract management. He estimated by the end of June, 300 cases would be under the various stages under contract management.

Hoyer also answered questions about West Virginia’s return to HUD’s “slow spender” list for the state’s pace regarding its spending of the total grant award. Hoyer explained slow spender is determined by a three-month average of overall spending compared to the overall grant award.

Hoyer told the committee there were two main factors that contributed to West Virginia being placed back on that list—lengthy environmental processes and significant weather conditions during the winter months.

Hoyer said he is working with West Virginia University’s Law Institute and Marshall University’s environmental center to help expedite and address environmental issues.

Special Session Convenes Immediately Following Regular Session

Senate Floor Session

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March 10, 2019

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Special Session Convenes Immediately Following Regular Session

The Senate and House convened for the first Extraordinary Special Session of 2019 by Proclamation of Governor Justice.

Both the Senate and House adjourned until both the Senate President and Speaker of the House decide to return.

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First Session of the 84th Legislature Ends on a Filibuster

Senate Floor Session

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March 10, 2019

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First Session of the 84th Legislature Ends on a Filibuster

The Senate reconvened at 11 p.m. to discuss H.C.R. 61, Applying to and urging Congress to call a convention of the states to limit the terms of office.

The Regular session ended before the Senate could vote on the Resolution.

The Legislature adjourned Sine Die.

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House of Delegates Reconsiders House Bill 3143

House Floor Session

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March 9, 2019

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House of Delegates Reconsiders House Bill 3143

The House of Delegates, in the midst of concurrence with Senate amendments, motioned to reconsider House Bill 3143.

This bill relates to requirements for making consumer loans in West Virginia. The bill limits the loans where finance charges may be imposed and clarifies the need for a license from the Division of Financial Intuitions. The House had refused to concur with Senate amendments, but after more information was brought forward and stakeholders expressed their opinion on the bill it was reconsidered.

The House concurred with amendments made and was passed, completing its legislation.

House Bill 3139 creates the PEIA rainy day fund. This bill changes certain requirements imposed on the PEIA Finance Board. The house concurred with Senate amendments and was passed. The bill has now passed legislation.

Senate Bill 487 relating to admissibility of health care staffing requirements in litigation. The bill was committed to a conference to committee and the report was to be taken up by the chamber. After much debate the report of the committee was accepted and the bill finished legislation after passage.

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Further Bills Passed by Senate Following Adoption of House Changes

Senate Floor Session

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March 9, 2019

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Further Bills Passed by Senate Following Adoption of House Changes

Various messages concerning legislation were received by the Senate prior to recess.

Nearing the end of the 84th Regular Session, the Senate received multiple messages urging the body to concur with changes offered by the House of Delegates. Of the concurred legislation were Senate Bills 365 and House Bills 2540 and 3044.

Numerous Senators also rose to report messages from conference committees, resulting in the passage of Senate Bills 596, 405, 522, 481, 487, 317 and 241.

House of Delegates Completes Legislative Action on Substantial Bills

House Floor Session

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March 9, 2019

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House of Delegates Completes Legislative Action on Substantial Bills

The House of Delegates continued consideration of Senate messages and completed legislative action on several noteworthy bills, such as House Bill 2503 and House Bill 2618.

The House had originally moved to refuse to concur with Senate amendments made to House Bill 2503, but Delegate Jeff Pack, R-Raleigh, a Delegate who had originally voted on the prevailing side, moved to reconsider.

The Senate amendments to House Bill 2503 would issue additional protections to unprotected parents who are seeking counsel, and it also provides a mechanism for individuals between the ages of 18-21 to have access to housing in the event that they are involved in an abuse and neglect case. Concern was raised in regards to how much latitude the Senate had to amend the bill, considering the original bill passed out of the House was more narrow.

After a lengthy debate, the House reconsidered and concurred with the Senate’s changes and passed the bill 74-25.

House Bill 2618 also completed legislative action on this day. This bill would include undue influence as a factor in the definition of financial exploitation of an elderly person or protected person. The Senate’s changes to the bill improve the structure of the language within the bill, as well as create a cause of action in magistrate and circuit court where an elderly person or incapacitated adult is suffering financial exploitation due to the intentional misappropriation or misuse of funds or undue influence. The House unanimously concurred with the Senate changes.

House Bill 2540, House Bill 2474, and House Bill 2761 both underwent technical Senate amendments that were unanimously adopted.

The Senate refused to concur and requested that the Senate recede their amendments on House Bill 2709, a bill to exempt contact information for hunting license holders from public disclosure.

The House reconsidered their request of the Senate to recede their amendments on House Bill 3034, and ultimately concurred with the Senate amendments with further fiscal amendments.

The House of Delegates concurred with amendment to House Bill 3139. The amendment provided a source of funding for the bill.

House Bill 2193 was passed by the Senate without amendment and completed legislative action. This bill would provide a specific escheat of US savings bonds.

The House concurred with a Senate amendment to House Bill 2083 that removed findings and would require temporary identification cards be issued to individuals within 7 days of their request.

The House concurred in a vote of 54-45 with Senate changes to House Bill 2049 that would specify that private companies could not be held liable for attorney fees.

The House concurred with a title amendment to Senate Bill 622 in a vote of 57-42.

The House concurred with Senate changes to Senate Bill 410 that would issue administrative changes to the rule-making authority in the bill, thus completing legislative action.