The Joint Committee on the Judiciary met this morning to hear presentations on proposed legislation.

First, the committee heard from staff counsel Will Valentino about a bill to reform the staffing of jails and prisons, as the low staffing is becoming a public safety concern. Currently, correctional officers are working 70-hour weeks which is not sustainable. The National Guard and DNR officers are working in noncontact roles in prisons to assist with staffing.

The proposed bill would clarify that the “operations of jail functions” would not include the salaries and benefits of employees in a regional jail facility, therefore per diem costs shall not include salaries and benefits. The bill would also require municipalities to pay for the first five days of incarceration for persons arrested by municipality police. The bill sets the salary for correctional officers in code instead of it being a range with special hiring rates. It creates a pay schedule with base pay and allows for increases based on length of service and rank.

Another proposed bill would amend the code relating to the identification cards provided to released inmates. ID cards would be issued to released inmates at no cost and be valid for 180 days.

Another proposed piece of legislation relates to mental health treatment for inmates. The bill clarifies that applications for involuntary hospitalization may not be denied solely because an inmate is incarcerated.

Staff Counsel Brian Casto presented the proposed juror incentivization bill. The proposed bill would provide a tax credit to employers who pay employees during the first five days of jury service without requiring leave to be taken. The proposed bill also clarifies that jurors may be excused from jury service upon a showing of undue physical or financial hardship. The proposed bill establishes a juror compensation of $80 per day. Finally, the proposed bill authorizes courts to offer post-trial psychological counseling to jurors and alternates in trials for certain criminal offenses. This proposed bill will be reported to both houses with the recommendation that it be introduced in the 2023 regular session, which begins Wednesday, January 11.

Lawmakers heard from Cammie Chapman, deputy secretary for child and adult services in the DHHR, regarding the low numbers of child protective services workers in West Virginia during Tuesday afternoon’s meeting of the Joint Committee on Government and Finance.

Retention of CPS workers has been a major problem for the Department of Health and Human Resources for years.

Senator Charles Trump (R-Morgan) said he has been receiving calls from judges who are concerned about the low numbers of CPS workers. Trump asked how many CPS employees are working in Eastern Panhandle counties.

Chapman said she didn’t have that number off the top of her head but that she is aware of the problem and has made regular trips to the Eastern Panhandle to attempt to rectify the situation.

Chapman described efforts to shift supervisors from other counties to also focus on Berkeley, Jefferson and Morgan counties. However she acknowledge that when you pull workers out of one area to support another, it weakens the level of services in the area the CPS workers were assigned previously. Chapman said the agency has been careful to not shift resources from areas that are also running short.

Trump said they need to come up with solutions and he’s committed to using his role in leadership to do just that.

“I’m hoping to have some specific recommendations from the department during this session, for things the Legislature can do or might do that are designed to be more long-term,” he said.

Senator Stephen Baldwin (D-Greenbrier) echoed Trump’s sentiments, saying he majority of the counties he’s represented have vacancies of about 50 percent. One county, Summers has no office and no workers, so the other understaffed counties provide service.

Baldwin agreed that the Legislature must act on this issue quickly.

The Joint Committee on Natural Gas Development met this afternoon.

Andrew Robinson, the Director of Economic Development for Senator Joe Manchin opened the presentation by stating West Virginia has always been an energy community, and now we are becoming an innovative energy community. With the introduction of hydrogen fuels, the state can still produce energy, but so it in a cleaner and more economical fashion. The push for hydrogen fuel come with the recently passed bipartisan infrastructure law, which Manchin is confident WV can become a hydrogen hub.

Arria Hines, CEO of Allegheny Science & Technology stated the funding for clean hydrogen hubs is $8 billion and it could be an 8 to 12-year process. The produced Hydrogen Hub would be a regional approach to cleaner energy and provide hydrogen across the country. West Virginia has always played a major role in the energy sector. It is centered on the nation’s second-largest natural gas source and has diverse energy options. The state has proactive engagement and support from the labor division and educational institutions. It is a connected energy delivery system with world-class research institutions. This is a “once-in-a-generation opportunity.” As a hub, multiple locations for hydrogen production would be in the state and a possible training facility in the state. There is no concrete plans at the moment, as it is still in the conceptional phase. This is a new industry.

The Justice 40 program is a part of the law. It requires that 40 percent of impact benefits help disadvantaged communities. It requires a decreased energy burden and a decreased environmental burden.

Challenges to hydrogen fuels include policy framework, class 6 privacy in the state, land acquisition and mineral rights, and market expectations.

The Committee also heard from Pietro Di Zanno on the “Science of Hydrogen as a Fuel Source.”

The Legislative Oversight Committee on Regional Jail and Correctional Facility Authority met this afternoon for interims.

The Division of Corrections and Rehabilitation provided an end-of-year update. Post-Covid hiring has been difficult, especially without competitive starting pay. Currently, the Eastern Panhandle has an abnormally high officer vacancy rate, other areas are not doing great either. The Division has expanded advertising and hiring events. The National Guard is currently providing staffing assistance for the DCR. About 200 National Guard employees are working in critical roles to save operations in many facilities by providing perimeter control, tower control, and other roles that do not require direct contact with inmates. DNR officers are also assisting. This is not a permanent solution to the staffing shortage.

The Prison and Jail population is down from January. In January, the total population was 9,904, and now is at 9,812. The summer high for the population was 10,081 inmates. At the start of the year, jails were overcrowded and prisons were not, now jails are less crowded. As beds became available in prisons, inmates were transferred. Now, the prison population is 1,500 inmates and the jail population is 1,400 inmates.

Lawmakers heard about conditions at state-run medical facilities during a meeting of the Joint Committee on Health Tuesday morning in the House Chamber.

Mike Folio, legal director of Disability Rights West Virginia, described allegations of a culture of abuse, fear of retaliation among staff who speak out, lack of transparency and enormous costs at these state-run facilities. He also alleged multiple instances of unnecessary institutionalization.

Earlier this week, West Virginia’s DHHR secretary Bill Crouch confirmed the agency is cooperating with a federal investigation of discrimination allegations at these facilities for disabled people.

Crouch, who was not a scheduled to speak to the committee, addressed lawmakers late in the meeting to defend his agency. He asked how the Disability Rights West Virginia position could be considered non-adversarial, calling it an “attack on DHHR.”

Crouch conceded there are issues in DHHR but that every effort is being made to correct them with full transparency. He reiterated the agency’s full cooperation with federal investigators, saying he welcomes the investigation then added that he believes Disability Rights West Virginia should be investigated also.

He called the notion that his agency is trying to keep people in a psychiatric facility “nonsense.” The well being of patients William R. Sharpe Jr. Hospital in Weston in particular, has been a longstanding concern for legislators.

Crouch said his agency is always looking to make sure they can move patients to an appropriate level of care and they do not want people in psychiatric facilities that shouldn’t be there. He said community placement facilities are a huge tool but the agency needs more of them.

There was so much concern from members that Health Committee Chairman Matthew Rohrbach said lawmakers would likely need to revisit these issues in the near future.

The Legislative Oversight Committee on Education Accountability met this morning.

The Committee first heard from the WV Center for Nursing on the progress of developing a statewide strategic plan to address the nursing shortage. Jordyn Reed, the administrator for the center said the Center leads the state in strategies to support the education, recruitment, and retention of nurses in West Virginia.

A bill passed in 2022 did remove a licensure renewal fee, which reduced the center’s funding by 75 percent.

The Center has established a statewide plan to address the nursing shortage through the nursing center pathways, distributing career resources across the state, and the Governor’s nursing workforce expansion program. The Center collects, evaluates, and disseminates data regarding nursing availability and areas with a shortage. It has established and maintains a website to disseminate information about the center, its mission, and educational opportunities and financial aid available for the nursing profession in WV.

The Center evaluates the capacity for expansion of the nursing program including the availability of faculty, clinical laboratories, computers, software, and supplies. The Center works with the HEPC on the administration of the nursing scholarship program designated to benefit nurses who practice in hospitals and healthcare institutions or teach in state nursing programs.

The Center also maintains an active board of directors. It also works to promote nursing workforce development with the WV nursing academy model and grant program which helps high school students begin earning nursing hours for degrees.

The Committee received a report on financial aid in the state from the Higher Education Policy Commission. The agency is working on a portal for students to apply for all financial aid programs and check statuses in one place. The Promise Scholarship recipient numbers decreased from 2021 to 2022. One issue with students meeting promise requirements for testing scores. The WV Invest Grant is a grant started in 2019 to provide funding for students going to community colleges. It is a grant used only after all other financial aid has been applied.

The WV Higher Education Grant is need-based for low-income students. The grant was awarded to 15,000 students last year. The HEPS grant is awarded to part-time students and is need-based. The grant was awarded to 3,000 students last year. The HEPS Workforce grant is a grant for students to earn certifications such as recovery coaching, CDL, nursing, welding, and more.

The Committee also heard from the WV Department of Education on the impact and effectiveness of the accreditation system and the EDGE Initiative report.

The committee meeting began on Monday with Dr. Vern Howard, Chair of the Colorado MLK Holiday Commission, explaining an MLK curriculum that emphasizes that non-violence is the way to promote positive social change.

Howard cited a bombing in Montgomery and how Dr. King told followers who were ready to rise up in violence that non-violence was the way. He repeated the following quote from King: “Evil doers, those creating violence, are just as much victims as people for whom the violence is poured”

Howard informed the committee that he knew of six states that are currently using this curriculum.

Shifting gears, the committee heard a school safety presentation from Keith Vititoe, Safety Director, Kanawha County Schools and Ross Mellinger, Sherriff, Jackson County.

This presentation was in response to an April 6 incident in Jackson County where a student smuggled a gun onto the school bus and had a target in mind upon arrival at Ripley Middle School. Fortunately, another student saw the gun, grabbed the magazine and diffused the situation.

“We were within a matter of minutes of being headlines on the six o’clock news,” Mellinger told lawmakers. “We were about to be the next national tragedy.”

Mellinger knew he had to do more to protect the children in his county but funding and staff were a challenge when considering options. Out of this came the development of The Shield Program, required overtime that requires every Jackson County deputy to spend two hours a week monitoring a school of their choice.

“If I can’t put an officer in every school, then you make it as random as you can to leave that prospective shooter guessing,” Mellinger explained.

Mellinger estimates the cost of The Shield Program at $21,000. The program is a cooperative effort between Jackson County Schools, the Jackson County Commission and his office.

A similar approach could soon be implemented in Kanawha County Schools.

Safety director Vititoe told lawmakers the district plans to hire retired law enforcement to be an armed presence in plain clothes. A team of 12 will rotate among 55 schools with no on-site officer.

Vititoe asked lawmakers to make it easier for counties to hire security personnel. He also requested that small and large schools alike have equal access to any security protocols adopted by the Legislature.

The Legislative Oversight Committee on DOT Accountability met this afternoon.

The committee received a report from the naming resolutions sub-committee and accepted the annual report from the Department of Transportation.

DOT Secretary Jimmy Wriston provided an update on the Department of Highways’ work. The DOH is ready for bad weather events. He stated there has been some inflation on salt but there hasn’t been an inventory issue yet. The inventory concerning the DOT/DOH right now is a possible fuel shortage. Canopy clearing began November 15 and will continue through March 30. The goal for canopy clearing this year is 500 total acres.

The DOT was awarded Marshall and WVU Tech’s employer of the year. The department is going to begin hiring college students for part-time positions to allow them to gain experience while still in school. This year the DOT hired over 1000 people. Retention will be the focus over the next few months.

WV Parkways Authority Director Jeff Miller provided an update on the toll system. The toll system is undergoing major improvements including license plate cameras, POS upgrades, and additional payment options. The agency is currently transitioning the system from hardware storage to cloud storage. Toll rates are expected to increase by five percent in 2025.

EZ pass continues to be the quickest way to get through the tolls. The agency has seen an increase in EZ pass usage.

The Joint Committee on Technology met this afternoon for interim presentations.

Since 2005, Microsoft has been pushing for increased privacy rights across the globe. The EU passed the General Data Protection Regulation in 2018; it is “the global gold standard” for privacy regulations. The United States has sectoral privacy laws such as GLAB, HIPPA, COPPA, FCRA, and state consumer protection laws. However, other privacy laws are handled at the state level. Only five states have comprehensive privacy laws, including Virginia. Last year there were 60 privacy bills introduced in 30 states.

Microsoft has five privacy priorities: covering modern datasets, corporate responsibility, consumer empowerment, transparency, and strong enforcement. The presentation included key issues that have been brought to Microsoft’s attention. Enforcement can be handled by the attorney general by using the private rights of action. There needs to be a clear distinction between the controller and the processor. A controller is a business that decides how and why to collect consumer data while the processor processes the data on behalf of another company. The scope of data covered should include language to ensure legislation will apply to modern online data sets. Exemptions should be defined clearly, data level exemptions’ or industry exemptions. Consumer rights should include access, control, port, minimization, and the ability to delete personal data. Consumers should be able to consent to sensitive data being used and be able to opt-in/out of profiling.

The Secretary of State’s Office presented on the digitization of state government. The online one-stop shop business page is working to incorporate everything from registering with the SOS, paying fees, setting up tax information, and more on one page with one cart to checkout altogether.

Annual business reports are filed online, with 99 percent being filed and available. An online enterprise licensing system is in the works. The SOS is working on a digital Q&A page and a call center.

The goal is to have a “Golden Record” where companies/businesses/organizations can have one login for all accounts. This would be standardization across all state agencies.

Mark Muchow, Deputy Secretary of the West Virginia Department of Revenue gave lawmakers an update on the state’s financial health Monday morning during a meeting of the Joint Standing Committee on Finance.

Muchow informed lawmakers that the state’s General Revenue collections last month were $112.7 million above estimates and 10.3 percent ahead of the November 2021 figure. Year-to-date general revenue collections are now $687.5 million above initial estimates according to Muchow.

Severance tax collections also continued to surge in November. Muchow explained that severance taxes for the first five months of this fiscal year exceeded total severance tax collections for all of fiscal year 2021 by more than 2.3 times.

Consumer sales tax collections of $153.2 million were $15.1 million above the estimate for November and 2.7% ahead of prior November collections.

Personal income tax collections in November totaled $158.9 million according to Muchow. Those collections exceeded the estimate by $109.7 million and prior year receipts by nearly 15 percent.

Muchow noted that the majority of the state’s surplus is from excess severance tax collections, a highly volatile revenue source. He advised cautious optimism with the numbers currently healthy across all sectors.

Also on Monday, the committee heard from Chelsea Ruby, Cabinet Secretary of the West Virginia Department of Tourism.

Ruby stated that prior to 2017, the tourism industry in the state was in decline but after an increase in funding, the outlook has improved drastically. During the pandemic, tourism naturally declined in the state, but numbers as of this month are 3.8 percent above where they were prior to the pandemic.

Ruby noted the success of the state’s Cooperative Advertising Program, which provides partners with the opportunity to leverage state resources and brand identity to advertise individual destinations, attractions and events. It has allowed the southern WV rafting companies to advertise in Columbus, Cincinnati, and Pittsburgh. The Tourism Department determined where many of the visitors of the rafting companies were located and targeted the ads in those areas.

Traditional advertising, such as TV, billboards, print, and online is used by the Tourism Department in conjunction with sponsorships and event advertising. An example of this is the state’s advertising on the digital scoreboards at the Washington DC Capitols’ games. The department is also working to recruit major events to the state, such as the world mountain bike championship and the USA national diving championship at Mylan Park, according to Ruby.

She noted that more private investment is happening than ever before. More than 300 million applications have been submitted for tax credits on new tourism projects. The projects are taking place in every tourism region of the state.

Ruby said she believes strongly that tourism advertising is important because it improves the state’s overall image. When people know what West Virginia has to offer, they are more likely to live, work, and retire here. She thanked lawmakers for their continued funding support.