From the Well | Day 54

Day 54

At the center of the West Virginia state Capitol is an area known as The Well.

It is the informal gathering place for lobbyists, reporters, constituents and lawmakers.

Centrally located between the chambers of the House of Delegates and Senate,

The Well is often where information is shared, alliances are formed, and deals are made.

Governor Jim Justice on Friday marked the two-year anniversary of his first statewide briefing to discuss Covid.

It also marked the two-year anniversary of the day he issued a State of Preparedness for Covid and gathered with members of his administration to discuss the state’s next moves as the disease approached.

“I would have never believed that I’d still be in front of you talking about this two years later,” Governor Justice said. “And even as long as it’s been, I still remember that day like it was yesterday. People were really scrambling around. We did not have a detected case in West Virginia yet, but we knew we had to get ready.

“So we got to work early on, and we stayed ahead of the curve. West Virginia became the envy of the nation, if not the world. Here we were, out in front of everybody because we gathered all the players together: the National Guard, the DHHR, all of the people that could give us real input into what was going on.

“This was supposed to wipe West Virginia completely off the map,” Gov. Justice continued. “It could have. We were the third oldest state in the nation, with the most chronic illnesses of any state, and we were a state surrounded on all sides by big populations of people. But even with all of that stacked against us, we stayed ahead of the curve.”

Click here to read more from the Governor’s Office.

Members of the House of Delegates passed legislation Saturday that would eliminate the minimum number of royalty owners required to be considered as one unit for a gas-drilling operation.

The number was originally seven or more for the rules surrounding co-tenancy to kick in. SB650 would change that.

Operators would still need to control 75% of the acreage involved.

Co-tenancy refers to the mineral rights applying to multiple owners. This happens commonly in West Virginia, where rights have sometimes passed through generations and some owners might disagree about the terms of development or others perhaps can’t be located.

“This will increase the usefulness of the act for oil and gas development in this state,” said House Energy Committee Chairman Bill Anderson of Wood County.

The co-tenancy bill was one of two passed by the House of Delegates during a Saturday session. The regular session concludes a week from today.

Senate President Craig Blair was a special guest star in the House Finance Committee on Saturday, testifying about an insurance program to cover mine reclamation and an avalanche of potential liability.

Blair has publicly endorsed SB1. On Saturday, he took another opportunity to speak before the House Finance Committee.

A former member of the House of Delegates, Blair said he felt back at home

.

“Here’s the headline: Exposed,” Blair told Delegates, showing an article about mine reclamation liability. “West Virginia and other states are relying on a house of cards to pay for coal mining cleanup.”

The House Finance Committee advanced the bill on Saturday afternoon after discussing it for about 90 minutes. The full House of Delegates will now consider the bill.

Click here to read more from WVMetroNews.

The House Government Organization Committee on Saturday morning took up SB172, a bill that provides a compensation increase to all elected county officials. It was one of eight bills passed by the Senate on the very first day of the legislative session and sent to the House.

County officials present on short notice were Brian Wood, Putnam County Clerk: Cheryl Bright, Jackson County Clerk; Linda Huggins, Preston County Clerk; Vera McCormick, Kanawha County Clerk; Verlin Moye, Mercer County Clerk; Cathy Gatson, Kanawha County Circuit Clerk; Irv Johnson, Cabell County Assessor; and Paul Flanagan, Raleigh County Circuit Clerk and President of the West Virginia Association of Counties.

Counsel presented a strike-and-insert amendment for SB172, explaining that the bill increases salaries that have not been increased since 2014, rolls the additional compensation that Assessors and Sheriffs receive into their base pay, and collapses county classifications 5 through 10 into Class 4. It and would be effective July 1.

Classifications are based on the total valuations in each county, including exempt property. Collapsing the classifications of counties in classes 5 through 10 affects only eight counties: Calhoun, Clay, Gilmer, Lincoln, Monroe, Roane, Webster, and Wirt, making their salaries based on the Class 4 classification.

Classifications became “top heavy” over the years because the total valuations in statute were set in 1996 and have not been updated.

The strike-and-insert amendment also included a 35% increase for state Constitutional Officers: Governor, Auditor, Treasurer, Attorney General, Secretary of State, and Secretary of Agriculture. Counsel said those offices hadn’t had an increase since 2009. The salary increases do not go into effect until 2025.

Delegate Terry Sypolt, a former Preston County Assessor, asked whether the state Auditor still approves the county’s ability to implement the pay raise. Clerk Verlin Moye said that provision is still in place and explained to the committee how the classifications are determined and the role of the Auditor’s office.

Delegate Barbara Fleischauer of Monongalia County asked how many counties had not been able to implement the 2014 salary increase.

Patti Hamilton, representing County Clerks, said Clay, Gilmer, McDowell, and Webster counties had not yet met the threshold for approval to take the 2014 salary increase. Additionally, Calhoun, Lincoln, and Mingo may not meet the criteria for the increase should it pass.

The Auditor’s Office looks at specific information, such as delinquency on regional jail bills and general fiscal information on each county’s financial health.

Delegate Kayla Young moved to amend the bill by striking out the compensation increase for the state Constitutional Officers, noting the Governor would then have the third highest salary in the country and that, generally, it didn’t fit with a bill for county officials. The amendment failed with 10-8.

Delegate Trenton Barnhart of Pleasants County spoke in favor of the bill as a means of attracting people to run for office and the time between salary increases. Delegate Sypolt also spoke in support, saying, “It’s been a long time. They deserve it.”

Delegate Shannon Kimes of Wood County spoke adamantly in opposition to the bill, saying it wasn’t the time. He said it’s supposed to be about public service, and “It’s all taxpayer money.” He followed up with a very loud NO vote that prompted the Chairman to loudly hit the gavel on the podium to adjourn the meeting. The bill passed easily and will go to House Finance.

West Virginians are accustomed to relying on friends and neighbors during times of need. Our state’s volunteer fire departments — made up of those friends and neighbors — provide a reliable safety net for communities across the state.

That safety net, however, is unraveling. Too many volunteer departments, strained financially, are running out of volunteers.

The West Virginia State Firemen’s Association (WVSFA) supports SB420. If passed and signed by the governor, the bill would increase funding to volunteer and part-volunteer fire departments by modifying the surcharge on taxable fire insurance premiums from .55 percent to 1 percent.

Click here to read more from WVSFA President J.T. Parsons in The Register-Herald, Beckley.

Governor Jim Justice said Friday that he has appointed Brett W. McMillion as Director of the West Virginia Division of Natural Resources.

“I congratulate Brett in every way,” Governor Justice said. “I’ve taken my time with this selection because I really believe that – with how important our natural resources are to our state – the selection of who is going to head up the DNR is a tremendously important decision.”

A native of Nettie, Mr. McMillion graduated from Richwood High School and earned his degree in Parks and Recreation from West Virginia University.

Over the past 25 years, Mr. McMillion served in administrative roles with Panther State Forest, Bluestone State Park, and Pipestem Resort State Park before taking on the role of Deputy Chief of West Virginia State Parks.

He succeeds Steve McDaniel, who announced his retirement earlier this year.

Click here to read more from WVMetroNews.

This year’s legislative session began with so much concern about the agency dealing with West Virginia’s most profound health and welfare issues that leading Senators from both parties asked for a deeper look at what the troubles are.

On the other side of the Capitol, members of the House of Delegates have expressed frustration that they passed a bill that would split the enormous Department of Health and Human Resources (DHHR) into two. The state Senate now will consider HB4020.

Senate Minority Leader Stephen Baldwin, who first publicly proposed a legislative examination of issues at DHHR, sees a direct link between the initiatives.

“I do think this is related,” Baldwin said. He cited financial concerns because of the enormity of the agency’s $7.5 billion overall budget of state and federal spending. He also described service-related concerns about the ability to do more for children and families.

“There’s a sense among some in leadership that nobody’s in charge. What are we doing? Who’s coordinating all these efforts? Who’s saying this program is working, this program’s not working; who’s allocating resources based on that? I think there are questions about the direction of the agency and the nature of the leadership and the leadership structure there right now.”

Click here to read more from WVMetroNews.

Senators are advancing a revised version of a bill that makes a variety of changes to the state system designed to watch out for West Virginia’s most vulnerable children.

On Thursday, the Senate Health Committee discussed HB4344, relating to foster care, before approving a somewhat altered version.

The bill next goes to the Senate Finance Committee because it has an estimated cost of about $11 million. A major aspect of the bill would establish significant pay increases for state social services workers, aiming to entice them to stay on the job with raises adding up to about 20 percent.

The bill also makes a range of changes to the state policies governing foster care, including requiring that child placement services provide services to kinship families. It also requires the agency to use updated computer systems and to clarify some of the roles of the foster care ombudsman.

Click here to read more from WVMetroNews.

The West Virginia Senate on Friday passed SB250 — its version of the state general revenue budget Friday — more than a week before the end of this year’s regular legislative session.

But the Senate and the House of Delegates will have some back-and-forth over the budget. Both bills include an average 5 percent pay raise for state workers.

“This is a starting point for the final product that will be a combination of both the Senate’s and the House’s proposed budgets,” Senate Finance Chairman Eric Tarr of Putnam County said while explaining the budget bill today.

The budget bill easily passed the full Senate 32-0 Friday with no debate. Senators will need to vote on the budget again once differences are worked out with the House of Delegates.

Click here to read more from WVMetroNews.

It’s usually not a good sign when several crews of West Virginia emergency workers are on the scene. Crews are such a scarce resource, especially during the Covid pandemic, that having them tied up at the same spot must mean it’s a life-or-death emergency.

In a way, that’s what it was at the state Capitol Wednesday morning as representatives from about a dozen county Emergency Medical Services agencies gathered for EMS Day.

But underneath that was a tone of deep uncertainty, reflective of the long-term struggles of these county agencies to retain workers, stay financially stable, and keep providing vital services to West Virginians.

While the EMS agencies’ struggles aren’t new, the pandemic worsened the situation. Agencies haven’t been shy about sounding the alarm, but they have gained little traction.

This year, however, the Legislature and Governor have paid more attention in recent months to the plight of struggling EMS agencies. But as the end of the legislative session nears, lawmakers haven’t taken action to address the long-term EMS funding problems.

Click here to read more from Mountain State Spotlight.

Even though the West Virginia Senate passed a bill creating a performance-based funding formula for higher education with program approval exemptions, the Senate Education Committee recommended the House version of the bill Thursday without those exemptions.

The Senate Education Committee recommended HB4008 for passage Thursday, empowering the state Higher Education Policy Commission and West Virginia Community and Technical College System to create new funding formula based on several performance metrics. The bill heads next to the Senate Finance Committee.

Officials with the state’s 10 four-year colleges and universities, and the nine two-year community and technical colleges have been working towards a funding model for the past two years, developing a model based on Tennessee’s program. HB 4008 would allow the HEPC/WVCTCS to put this model in place.

Click here to read more from the Parkersburg News and Sentinel.

Bills that have completed legislation as of Thursday, March 3 (39 – 17 Senate; 22 House):

SB4: Repealing ban on construction of nuclear power plants (Signed, 02-08)

SB8: Relating generally to state’s savings and investment programs (Signed, 02-02)

SB191: Allowing poll workers to work full and half days (Signed, 02-02)

SB221: Establishing occupational therapy compact (Completed; awaiting action by Governor)

SB244: Relating to appointment of judges to Intermediate Court of Appeals (Signed, 02-09)

SB279: Authorizing DEP to promulgate legislative rules (Signed, 02-21)

SB435: Awarding service weapon to retiree from Division of Protective Services (Signed, 02-16)

SB436: Correcting code citation for authority of State Fire Marshal (Signed, 02-18)

SB437: Providing for early discharge of parolees (Signed, 02-16)

SB445: Modifying police and firemen’s pension plans for trustees (Signed, 03-01)

SB449: Relating to Nonviolent Offense Parole Program (Signed, 02-16)

SB450: Updating definitions of WV Personal Income Tax Act (Signed, 02-21)

SB451: Updating definitions of WV Corporation Net Income Tax Act (Signed, 02-21)

SB452: Permitting civil remedies for unauthorized disclosure of intimate images (Completed; awaiting action by Governor)

SB499: Authorizing legislative rules for School Building Authority (Completed; awaiting action by Governor)

SB639: Providing 45-day waiting period on rate increases when water and sewer services are purchased from municipality (Completed; awaiting action by Governor)

SB713: Removing statutory limit for Environmental Laboratory Certification Fund (Completed; awaiting action by Governor)

HB2325: Removing the requirement of continuing education for barbers and cosmetologists (Signed, 02-21)

HB3303: Relating to clarifying the process of filling vacancies on ballots (Signed, 03-02)

HB3312: Establishing a memorial to child labor and child workers who died in the course of employment in this state (Signed, 02-28)

HB3220: Restrictions on Taxpayer funded lobbying (Signed, 03-02)

HB4024: Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience (Signed, 02-23)

HB4048: WV Keep, Bear and Drive with Arms Act (Completed; pending action by Governor)

HB4060: Repealing outdated sections of code relating to health (Signed, 03-02)

HB4062: Removing the residency requirement for the Commissioner of the Division of Highways (Signed, 02-21)

HB4067: To make certain agency reports electronic or eliminating certain agency reports altogether (Signed, 02-23)

HB4074: Require schools provide eating disorder and self-harm training for teacher and students (Signed, 02-21)

HB4084: Relating to advanced recycling (Completed; awaiting action by Governor)

HB4114: Authorizing certain agencies of the Department of Administration to promulgate legislative rules (Signed, 03-02)

HB4126: Authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules (Completed; awaiting action by Governor)

HB4264: Change designation of Glenville State College to “Glenville State University” (Signed, 02-23)

HB4276: WVU to create a Parkinson’s disease registry (Signed, 02-23)

HB4299: To prohibit the intentional interference with election processes and creating associated criminal penalties (Completed; awaiting action by Governor)

HB4301: Reforming membership requirements of Huntington Park and Recreation District Board (Signed, 02-16)

HB4308: Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits (Completed; awaiting action by Governor)

HB4312: Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances (Completed; awaiting action by Governor)

HB4369: Update the telepsychology compact (Completed; awaiting action by Governor)

HB4491: To establish requirements for carbon dioxide sequestration (Completed; awaiting action by Governor)

HB4773: Adoption of the FCC customer service and technical standards and requiring certain cable operators to operate an in-state customer call center (Completed; awaiting action by Governor)

Resolutions that have completed legislation as of Thursday, March 3 (33 – 12 Senate; 21 House)

SCR1: US Army PFC Billy Keith Ford Memorial Bridge (Adopted, 03-03)

SCR3: USMC CAPT Dempsey Stowers Memorial Bridge (Adopted, 03-03)

SCR5: US Marine Corps CPL James “Bud” Cox Memorial Bridge (Adopted, 03-03)

SCR6: Holden 22 Coal Miners Memorial Bridge (Adopted, 02-28)

SCR9: Haynie Family Veterans Memorial Bridge (Adopted, 03-03)

SCR15: US Army PVT Shirley E. Bailey Memorial Bridge (Adopted, 02-28)

SCR17: US Air Force SSGT Logan A. Young Memorial Bridge (Adopted, 02-28)

SCR21: Putnam County Veterans Memorial Bridge (Adopted, 02-28)

SCR27: US Army TSGT Harold William Schmidle Memorial Bridge (Adopted, 02-28)

SCR28: US Army PVT Garland Lee Loudermilk Memorial Bridge (Adopted, 03-03)

SCR34: USMC SGTMAJ Herman H. Brawner Memorial Bridge (Adopted, 02-28)

SCR46: Supporting North Central WV aviation and aerospace industries (Adopted, 02-28)

HJR102: Clarifying that the policy-making and rule-making authority of the State Board of Education is subject to legislative review, approval, amendment, or rejection (Adopted, 03-03)

HCR15: Thomas Brothers Memorial Bridge (Adopted, 03-03)

HCR16: World War II Veterans Toothman Brothers Memorial Bridge (Adopted, 03-03)

HCR23: Requesting the Division of Highways to place at least 10 additional signs along highways entering West Virginia honoring fallen veterans and Gold Star Families (Adopted, 03-03)

HCR27: Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor (Adopted, 01-27)

HCR28: Cpt. Billy Jake Smith Memorial Bridge (Adopted, 02-24)

HCR30: U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge (Adopted, 02-25)

HCR34: U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge (Adopted, 03-03)

HCR37: U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge (Adopted, 03-03)

HCR40: USMC Cpl Guy Maywood Edwards Memorial Bridge (Adopted, 03-03)

HCR45: U.S. Army SP4 Dennis Harvey Roberts Memorial Bridge (Adopted, 03-03)

HCR46: U.S. Navy Seaman Donald Homer Wheeler Memorial Bridge (Adopted, 03-03)

HCR47: U.S. Army CPL Billy Earl Duty Memorial Bridge (Adopted, 03-03)

HCR59: Warrant Officer James G. Bosley Memorial Bridge (Adopted, 02-25)

HCR63: U.S. Army MSGT Donald Lewis Coen Memorial Bridge (Adopted, 03-03)

HCR65: U.S. Army Major Jesse A. Jennings Memorial Bridge (Adopted, 03-03)

HCR72: U.S. Army SP5 Dana V. Perkins Memorial Bridge (Adopted, 03-03)

HCR73: Halstead Brothers WWII Veterans Memorial Bridge (Adopted, 03-03)

HCR76: U. S. Navy BM1 Farris Burton Memorial Bridge (Adopted, 03-03)

HCR79: A resolution to designate February 21st as the official start day to National FFA Week in West Virginia (Adopted, 02-22)

HCR81: U.S. Army Chief Warrant Officer Milford Arnold Cunningham Memorial Bridge (Adopted, 03-03)

Bills Signed by the Governor as of Thursday, March 3 (25 – 12 Senate; 13 House)

SB4: Repealing ban on construction of nuclear power plants (Signed, 02-08)

SB8: Relating generally to state’s savings and investment programs (Signed, 02-02)

SB191: Allowing poll workers to work full and half days (Signed, 02-02)

SB244: Relating to appointment of judges to Intermediate Court of Appeals (Signed, 02-09)

SB279: Authorizing DEP to promulgate legislative rules (Signed, 02-21)

SB435: Awarding service weapon to retiree from Division of Protective Services (Signed, 02-16)

SB436: Correcting code citation for authority of State Fire Marshal (Signed, 02-18)

SB437: Providing for early discharge of parolees (Signed, 02-16)

SB445: Modifying police and firemen’s pension plans for trustees (Signed, 03-01)

SB449: Relating to Nonviolent Offense Parole Program (Signed, 02-16)

SB450: Updating definitions of WV Personal Income Tax Act (Signed, 02-21)

SB451: Updating definitions of WV Corporation Net Income Tax Act (Signed, 02-21)

HB2325: Removing the requirement of continuing education for barbers and cosmetologists (Signed, 02-21)

HB3220: Restrictions on Taxpayer funded lobbying (Signed, 03-02)

HB3303: Relating to clarifying the process of filling vacancies on ballots (Signed, 03-02)

HB3312: Establishing a memorial to child labor and child workers who died in the course of employment in this state (Signed, 02-28)

HB4060: Repealing outdated sections of code relating to health (Signed, 03-02)

HB4024: Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience (Signed, 02-23)

HB4062: Removing the residency requirement for the Commissioner of the Division of Highways (Signed, 02-21)

HB4067: To make certain agency reports electronic or eliminating certain agency reports altogether (Signed, 02-23)

HB4074: Require schools provide eating disorder and self-harm training for teacher and students (Signed, 02-21)

HB4114: Authorizing certain agencies of the Department of Administration to promulgate legislative rules (Signed, 03-02)

HB4264: Change designation of Glenville State College to “Glenville State University” (Signed, 02-23)

HB4276: WVU to create a Parkinson’s disease registry (Signed, 02-23)

HB4301: Reforming membership requirements of Huntington Park and Recreation District Board (Signed, 02-16)

Click here

for the full session calendar

of the 85th West Virginia Legislature.

Hartman Harman Cosco, Public Policy Strategists, LLC, (H2C) is a strategically assembled bipartisan lobbying firm comprised of legal, communications and policy professionals. H2C possesses the insight and intuition that only comes from decades of hands on experience leading community and statewide initiatives.