Today at noon, the West Virginia House of Delegates convened for the first session of the 87th Legislature. The Secretary of State presented the election results from the 2024 elections to the Clerk. The Clerk determined a quorum of 91 of the 99 members. Justice Dan Greer administered the Oath of Office to those members.  An additional delegate arrived before the Speaker’s election and was sworn in as a member, making a quorum of 92.

During the Speaker’s election, Delegates Kelly and McGeehan nominated Roger Hanshaw, R-Clay. Delegates Lewis and Fluharty nominated Delegate Sean Hornbuckle. Roger Hanshaw won and was sworn in as Speaker.

Speaker Hanshaw took a few moments to thank the members, his opponent, and his family. He asked members to reflect on the last 10 years over the next month. The Speaker spoke of the investments in people, hospitals, and higher education and the expansion of infrastructure and healthcare services. He announced that West Virginia has the highest percentage of inward migration in America.

The Speaker said the grand challenges remain across the United States, not just here. Even though there have been investments in healthcare, West Virginia still has some of the poorest health outcomes in the developed world. Even with investments in raises, the state still is not offering competitive salaries compared to other states. Despite increased funding for infrastructure, some people do not have access to much-needed infrastructure. Improvements have been made, but there is still work to do.

Speaker Hanshaw said the future is bright, and he is looking forward to working with Governor Morrissey since his agenda aligns with the Legislature to help people choose West Virginia as a place to live, work, and raise a family.

Clerk Steve Harrison retired after five terms as Clerk of the House. Speaker Hanshaw and Delegate Jeff Campbell nominated former delegate Jeffrey Pack. Pack was elected and sworn in as the Clerk.

Ed Hart was nominated as Sergeant-at-Arms by former Sergeant-at-Arms and Delegate Marshall Clay and Delegate Mike DeVault. Hart was elected and sworn in as Sergeant-at-Arms.

Robert Stewart was nominated as Doorkeeper by Delegates Ellington and Vance. He was elected and sworn in as Doorkeeper.

Three resolutions were adopted by the House today.

House Concurrent Resolution 1 raises a Joint Assembly to open and publish election returns.

House Concurrent Resolution 2 invites the Governor to deliver an address to the Legislature during a Joint Assembly.

House Concurrent Resolution 3 allows the Legislature to adjourn until February 12, 2025, at noon.

The House recessed until the Joint Assembly at 2 p.m. The Senate and the Justices of the Supreme Court of Appeals joined Delegates. The Secretary of State provided the election returns to the Speaker and President. The elected Constitutional Officers are:

• Patrick Morrisey, Governor
• Kris Warner, Secretary of State
• John “JB” McCuskey, Attorney General
• Larry Pack, Treasurer
• Mark Hunt, Auditor
• Kent Leonhardt, Commissioner of Agriculture

Governor Jim Justice provided his farewell address.

The House continued with its business after the Joint Assembly dissolved.

Senate Concurrent 1 is the joint rules of the Senate and House of Delegates.

Senate Concurrent 2 authorizes contingent expenses of the two bodies.

House Resolution 1 is the House Rules; it was referred to the Select Committee on Rules.

House Resolution 2 authorizes the printing and distribution of Acts of the Legislature, Journals of the House of Delegates, the Publication of the Legislative Manual, and the authorization of travel payments and other expenses.

House Resolution 3 authorizes the appointment of employees for the first regular session of the 87th Legislature.

House Resolution 4 declares a vacancy in the 91st delegate district of the West Virginia House of Delegates due to the failure to take the Oath of Office by the Delegate Elect as required by Article VI, Section 16 of the West Virginia Constitution.

House Resolution 4 led to a debate on whether the resolution was constitutional.

Those opposing the resolution argued that while they agreed the delegate elected to the district should not be a part of the body, the proper way to go this would be a motion to expel. The reasoning given was that the delegate-elect did not refuse to take the oath of office, which is what is in Article VI, Section 16. The opposition fears a legal battle about declaring the seat vacant could arise and that it could cause an issue for the other delegate-elects who could not be here today.

Those supporting the resolution argued that the delegate-elect cannot be here to take the oath of office. Supporters stated that while others are not here, they could be if it were not for incidental circumstances. The reasoning provided was that the delegate-elect is unable to be here for legal reasons and therefore should be disqualified from being seated.

The two sides did not agree on the definition of a member. Those opposing stated that one is a member of the House after being elected and certified. Those supporting stated that to be a member of the House one must be elected, certified, and take the oath.

House Resolution 4 was adopted, declaring the 91st district seat vacant.

The House is adjourned until noon on February 12, 2025.

The West Virginia Senate convened a one-day organizational session for the 87th Senate today at Noon.

Senator Donna Boley (R – Pleasants, 03) presided over the beginning of the session as the Senate’s longest continually serving member.

Following the presentation of certified election results by Secretary of State Mac Warner, and the swearing in of newly elected senators by Supreme Court Justice Tim Armstead, members of the Senate nominated and elected Senator Randy Smith (R – Tucker, 14) by acclamation to serve as President of the Senate.

After the election of Smith as President, Lee Cassis was reelected Senate Clerk, David Lavender was reelected Sergeant-at-Arms and Jeffrey Branham was reelected Doorkeeper. All were unanimously approved.

The Senate also adopted several resolutions relating to the Senate Rules and other organizational matters.

The body recessed around 1:30 p.m. to join the House of Delegates for a farewell address by Governor Jim Justice in the House Chamber.

The Senate is currently adjourned until members reconvene Feb. 12, 2025, at Noon for the start of the First Regular Session of the 87th Legislature.

Interim meetings continued today.

This morning, the Legislative Oversight Commission of Education Accountability provided an update on the dual enrollment pilot program. More than 4,600 students were enrolled in the program last year, and 38,000 college credits were earned. The Higher Education Policy Commission spent $3 million but saved West Virginia students $11.2 million.

The Department of Education spoke of improvement in kindergarten through 3rd literacy. The department also shared the harassment, intimidation, and bullying report. Most harassment, intimidation, and bullying take place in 7th through 9th grade. Bullying is usually over race or physical appearance, physical disability, gender identity, or sex.  Most offenders are male. Students who are white are written up at a lower rate than students black or multiracial students.

The Legislative Oversight Commission on Health and Human Resources Accountability met this afternoon. The Commission received an update on the West Virginia Consolidated State Laboratories Facility.

The agencies involved in the consolidated laboratories facility include the Department of Health, the Office of the Chief Medical Examiners, the Department of Labor, the Weights and Measures Division, the State Police, West Virginia University, Marshall University, and the Department of Administration. The design team includes ZMM Architects and Engineers, Cannon Design, MWL, Potesta and Associates, and multiple specialty consultants.

The Site of the Consolidated State Laboratories will be at the West Virginia Regional Technology Park in South Charleston. The entrance of the drive will be expanded. The bid date was November 20, 2024, and K&N Contracting had the lowest bid of $1,650,937. The scope of the work to be done is site prep, grading, and utilities. The work will take place within 180 days from the notice to proceed. The first floor will house the Weights and Measurements Division, part of the Department of Health, part of the Chief Medical Examiner, and the part of the State Police Forensics that is required to be accessible to the public.

The second floor will house the Department of Health and the Chief Medical Examiner and have a meeting space. The third floor will house the Department of Health, Marshall University, and the WV State Police, and it will have a cafeteria space. The fourth floor will house the Department of Health, West Virginia University, and the WV State Police. The roof will have an enclosed penthouse and roof surface.

The exterior of the building is inspired by quilting to pay respect to state tradition. The building layout is influenced by the site layout. When entering the drive, one will approach from the back of the building the loop around to the front.

The completion of the building is projected for mid-November 207 to mid-February 2028.
The Chief Medical Examiner provided updates. While goals haven’t been reached, many improvements have been made. The Bureau of Public Health provided the fatality and mortality report. The committee also provided an update on the Child Welfare Electronic Portal.

Teachers and Principals detailed incidents of child violence and classroom disruption on Monday during an interim meeting of the Joint Committee on Education.

Kanawha County principal Stephanie Haynes told members that she was abused by a child last week for nearly 40 minutes.

“Myself, an assistant principal and another staff member are currently covered in bruises because of this child,” she said.

Haynes and other educators asked lawmakers for legislation to help them remove these students from the classroom so that teachers and students can achieve the safety needed to foster a productive learning environment. They proposed alternative learning spaces and emphasized the need for funding to hire additional staff focused on helping these children.

The educators mentioned that suspension is often not the best option because in some cases it results in sending kids back to a bad home environment. They also described an inability to take away recess as punishment due to the state’s rules on physical activity at schools.

During the 2024 Regular Session, lawmakers considered a bill that would have given elementary teachers greater authority to remove students for disruptive, aggressive or violent behaviors. It outlined steps for how schools should deal with students who needed to be removed from their classrooms. The legislation faced criticism from some that said it would result in children in need of serious mental health support being disproportionately removed from their classrooms. There was also no funding mechanism for the bill.

Lawmakers concluded the meeting by emphasizing that a school discipline bill will again be a high priority during the 2025 Regular Session.

During the Joint Committee on Insurance and PEIA, an update was provided on BRIM and Senate Bill 875.

BRIM provides broad coverage, including several insurances tailored to West Virginia agencies, including commercial general liability, personal injury liability, professional liability, stop-gap, wrongful act, and auto liability with physical damage.

BRIM provides tools to prevent or minimize claims, such as consultation visits, inspections, programs, and education services. Trends seen in claims include sexual abuse and liability policy endorsement changes for permissive entities.

Senate Bill 875 placed a moratorium on BRIM’s ability to provide new insurance to permissive entities, including county boards of education and charter schools. The implementation of Senate Bill 875 resulted in canceled policies for entities exceeding 100 percent in three of the last five years, coverage not being available for certain entities, and higher costs for some entities.

The Joint Committee on Economic Development and Tourism met this afternoon to hear a presentation from the Appalachian Regional Commission (ARC).

The ARC is a competitive federal grant program. The grant can be applied for by non-profit organizations, governments, and colleges/universities. For-profit businesses cannot apply for it. ARC will not fund fairs, festivals, murals, sporting/athletic centers, ski lifts, or skate parks. They will fund museums if there is evidence that the museums will lead to economic development.

To receive funding, the applicant must provide proof of concept through a feasibility study, comprehensive plan, or business plan. Applicant must show how the project will be sustained after ARC funding ends.

ARC will fund trail planning and design, regional marketing, installation of trailheads, signage, and parking areas connected to trails, trail enhancement, and construction of new trails. The grant will also fund non-profits operating on revolving loan funds, streetscape improvements, and business development programs in downtown areas.

While ARC offers four different program areas, POWER and RISE are the two that relate to tourism with an economic development focus. POWER is an economic and community development grant for communities affected by the downturn in the coal industry. It has been around for about 9 years. It awards up to $2 million. ARISE provides funds for large-scale multi-state economic development projects. It awards up to $10 million. Both programs require matching funds.

Marching funds can come from local, state, or federal sources. ARC prefers to be the last funder. ARC has a designation for matching rates required based on counties economic strength. In the designation of distressed counties, the matching rate is 20 percent of the project cost. For at-risk counties, the matching rate is 30 percent. For transitional, the rate is 50 percent. For competition, the rate is 70 percent. In federal FY25, West Virginia has 15 distressed counties, 13 at-risk counties, 26 transitional counties, and one competitive county – Jefferson. ARC gives preference to distressed counties.

There are federal requirements for applying for an ARC grant. Applicants must be registered and stay registered in SAM.gov throughout the project life. A professional preliminary engineering report is required for construction projects. Matching funds must be secured. The project must have completed an environmental impact review, determine if Davis Bacon Wage requirements and standards must be met, and meet the requirements of Build America Buy America.

Brian Cunningham, director of the Public Employee’s Insurance Agency, described the financial pressures his agency is facing during interim meetings on Monday morning.

He told lawmakers those pressures are likely to continue in coming years.

“I want to make sure everybody understands this is PEIA projecting premium increases going forward through 2029,” he said, as he showed lawmakers a chart of PEIA’s five-year projections.

Under a plan that would equal about $113 million for the 2026 fiscal year, PEIA has proposed increasing its premiums by 14 percent for state employees and by 16 percent for local government employees.

PEIA retirees’ premiums would go up by 12 percent. Both state and county employees would see an increase of 40 percent in their out-of-pocket maximum as well as increases in co-pays. A monthly spousal surcharge for state employees would more than double, from $147 to $350.

Cunningham suggested those increases are not out of line with what other states and other plans are going through as medical and drug expenses have outpaced the money available.

PEIA’s finance board began a series of public hearings across West Virginia regarding the proposed changes last week. The public hearings continue Tuesday in Martinsburg and conclude in Charleston on Nov. 21. The finance board is expected to vote on the proposal during its meeting Dec. 5.

As a possible solution to help stabilize PEIA’s finances going forward, Cunningham suggested lawmakers consider clarifying legislation that requires providers be reimbursed 110 percent of what Medicare would reimburse them. That law, which went into effect in July 2023, was intended to target reimbursement for inpatient hospitals that were having trouble financially due to low reimbursement rates. However, it’s been interpreted to include all health care providers.

Cunningham said that due to that law, PEIA is overpaying compared to national averages for some services. He suggested lawmakers could clarify which services are reimbursed at the 110 percent rate with a more targeted approach.

Cunningham also told lawmakers that GLP-1 drugs, which treat obesity and diabetes, have been a driver of the increased costs. The drugs accounted for roughly 20 percent of PEIA’s overall net drug spend in fiscal year 2024, according to Cunningham.

Cunningham suggested lawmakers could clarify the rules around a “gold card provider” program, that allows doctors to prescribe without prior authorization from PEIA. GLP-1 drugs require a diagnosis of type 2 diabetes in order for PEIA to pay for them, but without the prior authorization, there’s no way for the agency to enforce that rule.

Lawmakers seemed open to the suggested changes and planned to discuss potential legislation in more detail at the next meeting in December.

The Joint Finance Committee met this afternoon for its interim meeting. First, the committee heard an update from the Department of Revenue. October general revenue collections are $15 million below estimates. The General Revenue is $13.8 million under FY 2024-2025 estimates. October State Road Fund collections are about $14.7 above estimates, due to federal reimbursements. The State Road Fund is $20.2 million under FY 2024-2025 estimates.

The Committee received an update on the Coal Worker’s Pneumoconiosis Fund. The CWP has a surplus of $38.7 million. While the fund closed in 2005, the Office of the Insurance Commissioner receives yearly claims. In FY23, 336 claims were assigned. In FY24, 286 claims were assigned. Claim assignment does not mean the claim meets the requirements to receive funds from CWP. Some do: others receive funds from the federal Black Lung Program.

The Tourism Department presented an update. In 2023, the state had 75 million visitors, which led to an $8.7 billion in economic impact in all 9 travel regions and all 55 counties. The tourism industry has produced over $1 billion in tax revenue. The direct spending impact is $6.3 billion annually. Daily visitor spending totals $17 million. Currently, there are 60,000 tourism jobs in the state, which receive $2.1 billion in income.

The Tourism Department has worked to bring in private investment, such as the rail explorers in Clay County, Oglebay improvements, and renovations to Shepherdstown Opera House. Through the Waterfall Trail and Paranormal Trail, the Department increased traffic throughout the state. State Parks continue to play an important role in tourism.

The Department wants to continue to invest in the tourism and hospitality workforce. It has partnered with the Department of Education to create a tourism curriculum in all 55 counties, which has 13,000 students K-12 enrolled. Two hundred teachers received training about tourism opportunities. The Department of Tourism offers free online hospitality and tourism courses. The Governor’s School for Tourism was hosted over the summer. It was a twelve-day road trip for students, beginning at Independence Hall. The group then traveled to each of the 9 travel regions. By doing this, students could see tourism careers in the state.

The Department Continues to change the perception of West Virginia through public relations. The state has been featured in several travel magazines including National Geographic, TIME, and Southern Living.

The committee also received an update on the Cyber Security Program at Marshall University. Marshall will have the second-largest Institute for Cyber Security in the county. The Institute is a collaboration of Marshall University, West Virginia University, and West Virginia State University. The Institute will be part of an Innovation District, which will connect Marshall to downtown Huntington. The building will have five floors and the higher-level floors will require more security clearance to access. The building will have academic spaces, Department of Defense spaces, and private, public, retail, and event spaces. The Security Operation Center will be a working lab for students. They will work next to DOD employees.

Construction is progressing. The project is in the design development phase and demolition is about to start. The project has spent $2.9 million on site development, design, and architecture fees.

The National Center of Excellence for Cyber Security in Critical Infrastructure is a government, academic, and industry partnership. Initial partners include the Department of Homeland Security, Department of Defense, State of West Virginia, West Virginia National Guard, Palo Alto, Oxford, and many others. The Center’s pillars are to engage the future workforce, increase cyber and technology applied research and innovation, expand cyber and technology-focused analytic partnerships, enrich strategic cyber and technology dialogue, and educate current workforces.

The final presentation for the committee was from WVU Cancer Institute about its quest for a National Cancer Institute (NCI) Designation. An NCI designation is a grant which would be renewed every five years. NCI-Designated Cancer Centers have nationally recognized cancer scientists, NCI and NIH-funded research, practice-changing clinical trials, are a pipeline for training and workforce development, and can impact and lessen the cancer burden.

There are about 75 NCI Centers in the United States. WV is one of 13 states that do not have an NCI Center. WVU is seeking an NCI designation to help diagnose patients earlier and provide instate treatment so patients can get care closer to home and return to work sooner. This can also reduce healthcare costs for patients.

An NCI designation can attract and retain top talent in the field. Its programs can create a pipeline of providers and researchers through cancer training programs. A higher quality of care will be available to patients. New jobs will be created. Start-up companies could be formed, and new industry partnerships could develop through cancer research.

To become an NCI Cancer Center, WVU Cancer Institute is expanding its clinical services, as WVU Health System has expanded across the state. WVU Cancer Institute is also completing research, as it has a specimen repository to study the cancers of the state. The achievement of the designation could take five to ten years. Through appropriated money, the WVU Cancer Institute plans to expand research for informed clinical practice.