From the Well | January 25, 2023

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

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

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

86th West Virginia Legislature

January 25, 2023

During discussions about Senate Bill 188, the Senate Committee on Economic Development heard testimony from Chris Hamilton, President of the West Virginia Coal Association, and Phil Reale, who represents the Gas and Oil Association of West Virginia.

The Committee passed the bill and sent it to the full Senate for consideration.

Mr. Hamilton told members that Senate Bill 188 potentially could allow natural gas to become the preferred base fuel for electric generation in West Virginia.

He said the coal industry would like to have assurance the bill’s provisions won’t be a detriment to the coal industry or coal jobs in the state.

Mr. Hamilton referenced an oil and gas company in West Virginia stopping a longwall coal operation in the Northern Panhandle. He also told the Committee the Coal Association originally supported the Mountain Valley Pipeline, but it now may take a different position.

Mr. Reale said the gas industry in the state would be in trouble if no gas-powered plants operate in West Virginia. He said jobs will leave.

He said gas producers won’t drill if they don’t have customers for gas. He said the bill would help attract businesses to the state. Further, he said, future demand for electricity is going to be great.

Mr. Reale noted that 4% of West Virginia power generation comes from natural gas. He added that Ohio has 13 twin-cycle power-generation plants, and Pennsylvania has 26. He said West Virginia has none.

Senator Eric Tarr of Putnam County told Committee members that the state gave the coal industry a rebate on severance taxes to create new jobs. He said he doesn’t see any intent in the bill to harm coal.

He said bringing down the cost of power and making West Virginia more competitive will improve the state’s economic outlook.

The bill was amended to include site identification by the Secretary of Commerce.

The House of Delegates Political Subdivisions Committee on Wednesday amended and passed House Bill 2038, which would require the Secretary of State to refer potential election fraud to the Attorney General for prosecution instead of the county prosecuting attorney if a county prosecuting attorney has declined to prosecute after 60 days.

Sixty days was amended to allow a period of 30 days. The bill is second-referenced to Judiciary.

Counsel told the committee, “The issue the bill is attempting to address is local prosecutors not prosecuting election fraud cases.”

The fiscal note provided by the Attorney General’s office was $285,000 for two additional attorneys and one paralegal.

Delegate Evan Hansen of Monongalia County had questions about examples of election fraud.

Donald Kearsey, General Counsel for the Secretary of State, said the office has an investigation division with investigators around the state. Investigators are contract employees who are retired law enforcement with State Police training. They cover other areas in addition to elections, such as notary fraud or fraudulent charities

The office has referred 67 election matters to county prosecutors, resulting in 44 completions and nine convictions, he said.

“Ten have been out there since 2021,” Kearsey said, referring to cases in which there has been no communication from prosecutors.

He noted that prosecutors have limited resources, and violent crimes and child abuse and neglect cases take priority over election-fraud misdemeanors.

Mr. Kearsey provided the example of the postal carrier who altered absentee ballots in 2020 and was convicted.

Asked whether there is a need for the bill, Mr. Kearsey said, “We believe there’s a need for something.”

He suggested the bill could be clarified by defining the process for the prosecutor to decline and provide adequate provisions for the Attorney General.

Delegate Hansen spoke against the bill, saying, “Every vote matters, and it’s important to investigate voter fraud. On my first race for Delegate, I lost by 37 votes.”

He then added that with every step along the way, there is discretion for the Secretary of State and for the prosecutor. If a matter is referred to the Attorney General, they also have discretion, he said.

“I’m not sure it fixes the problem to make sure our elections are clean. I have specific concerns about providing that discretion to a Secretary of State who participated in a Stop-the-Steal rally after the 2020 election,” Delegate Hansen said.

Bureau of Senior Services Commissioner Robert Roswall and Finance Officer Terry Hess on Wednesday presented their agency’s budget for 2023 to the Senate Finance Committee.

The presentation began with Bureau Highlights. In 2020, more than 2 million meals were provided, and that has increased at present by another million.

Mr. Hess said Covid funds helped fund the meals, but that funding will run out in June.

Services provided by Lighthouse and FAIR (Family Alzheimer’s In-home Respite) decreased from 830,000 units (hours) in 2019 to 640,000 units. The biggest problems for the seniors programs were finding caregivers and getting their senior clients comfortable with having someone in their home because of Covid.

Mr. Hess emphasized their main request is spending authority for $2 million from funds received from the Lottery that were not expended this past fiscal year. This is carryover from meals and in-home services.

Commissioner Roswall added that it can be used if levels of services grow back to their previous numbers.

Commissioner Roswall reminded the Committee that BOSS is strictly a Lottery-funded agency and receives no general revenue.

He went through several expenditures, including FAIR at $3 million, Lighthouse at $8 million, and the special project “No Wrong Door” at $630,000.

The total budget for BOSS is $17.7 million, and it has no new requests except salary adjustments. The Bureau currently has 26 vacancies.

Commissioner Roswall said the positions are mostly finance and auditing and the field is very competitive.

“By the time we post the position and often before we get them through the process, they’ve gone somewhere else,” Commissioner Roswall said.

There were several questions about how money is allocated and reallocated and how counties are performing their duties.

Senator Rollan Roberts of Raleigh County asked what is being done to help seniors stay engaged and remain or return to the workforce.

Hess responded that county centers determine the programs.

“We can’t tell them what to do. Some are better than others,” Mr. Hess said.

Senator Randy Smith of Tucker County asked whether salary increases would help in finding people to provide in-home care.

Commissioner Roswall said that it would, but senior providers compete with a lot of agencies, some statewide, that pay a lot more.

“I’m glad you’re asking for that spending authority,” said Senator Glenn Jeffries of Putnam County, concluding the presentation.

Counsel said methanol, in practice, is an alternative fuel, but its use has declined.

During discussion of House Bill 2069, legislators discovered that many first responders traveling the West Virginia Turnpike already communicate with the West Virginia Parkways Authority dispatch during an emergency run.

Jeff Miller, Executive Director of the Parkways Authority, told the committee that Turnpike dispatchers have the ability to close a booth during an emergency call and allow a vehicle to pass through when the responding entity communicates the need.

Members of the Committee learned during testimony from a representative of JanCare Services that the company’s drivers weren’t aware of the protocol. After some discussion, members debated whether the bill is still necessary. They voted to pass it and send it to the Finance Committee in hopes that continued discussion ultimately will resolve the situation.

The committee also passed House Bill 2025, which further defines who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers’ compensation. The bill now heads to the House Committee on Health and Human Resources for further consideration.

The committee adopted all of the other proposed rules without amendment except for the Fire Commission’s rule relating to volunteer firefighters’ training, equipment, and operating standards. (87 CSR 08).

At the Committee Counsel’s recommendation, the Committee removed a subdivision from the rule that would have authorized the State Fire Commission to create a policy to specify further exclusions to training requirements. The rationale for the committee’s removal of the provision is that it inappropriately intrudes on the Legislature’s policy-making authority.

The amended rule and all of the other Department of Homeland Security rules were “bundled” in the committee substitute for Senate Bill 335. The committee substitute will next go to the Senate floor for consideration.

The bill does not change the elements of the offenses or the prescribed penalties. The Committee adopted the Senate bill and recommended it to the full House for passage.

The committee also considered House Bill 2017, which relates to the service of process in child abuse cases.

The bill clarifies that a petition and notice of hearing are to be served by the sheriff’s office without additional compensation. Current law is silent on who must serve the petition and notice.

The Committee amended the bill to authorize the sheriff to be compensated for effecting service at rates determined by the West Virginia Supreme Court of Appeals.

The Committee adopted a committee substitute, and the bill will now go to the floor of the House for consideration by the entire body.

One, he supports the tax cut. Two, the House has overwhelmingly passed a bill reflecting the cut. And now all eyes are on what the Senate might do.

“We’ve still got a third of the way to get there,” the Governor said Wednesday in Parkersburg. “I’m not here today to beat on the Senate.”

WVMetroNews reported the Governor made it clear that he’d like Senators to come on board.

Many senators are skeptical the Governor’s plan to cut taxes balances with the state’s proposed spending. Senators say they support a significant tax cut for West Virginians, but it’s not yet clear what specific plan they might agree on.

One floated idea in the Senate is an immediate 50% income tax cut, although additional details are unclear.

Click here to read more from WVMetroNews.

2023 Legislative Session

20th Day — January 30: Submission of Legislative Rule-Making Review bills due (WV Code §29A-3-12)

35th Day — February 14: Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

41st Day — February 20: Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills and does not apply to Senate or House resolutions or concurrent resolutions.

47th Day — February 26: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day — March 1: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills.

60th Day —  March 11: Adjournment at midnight.

Hartman Cosco LLC Government Relations is a strategically assembled bipartisan lobbying firm comprised of legal, communications and policy professionals. Hartman Cosco possesses the insight and intuition that only comes from decades of hands on experience leading community and statewide initiatives.