TikTok Ban, Natural Gas Power And More Pass Senate

The Senate passed several bills Wednesday, including one designed to ban TikTok from government devices.

With Sen. Charles Trump, R-Morgan, presiding, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices.

Sen. Ryan Weld, R-Brook, made it clear on the floor that the bill, which originated from the executive, had one particular app in mind.

“This bill comes to us as a result of, I’m sure a lot of you are familiar with discussions regarding TikTok,” Weld said. “TikTok, as we all know, is the very popular social media platform, video sharing platform, that is owned by a Chinese tech conglomerate, ByteDance. It has been in the news recently, the federal government enacted a ban of TikTok on all of its systems due to privacy concerns, concerns that the app collects much more data than is needed for its intended purpose.”

An amendment to the bill introduced and passed on the Senate floor Tuesday would create exceptions for law enforcement purposes.

Also passed on third reading Wednesday were:

  • Senate Bill 188, the Grid Stabilization and Security Act of 2023, would encourage the development and implementation of natural gas electric generation projects. Sen. Laura Chapman, R-Ohio, Sen. Randy Smith, R-Tucker, and Sen. Rupie Phillips, R-Logan, voted against the bill.
  • Senate Bill 240 would require state board of examination or registration proceedings to be open to public inspection

These three bills now go to the House of Delegates for their consideration.

The Senate also took action on Senate Bill 128, amending the House amendment to the bill and passing the bill, with Sen. Smith voting against. The bill, which implements limitations on the governor or legislature’s ability to declare a state of emergency, now awaits the Senate’s request that the House concur on today’s changes. 

To The Executive

The Senate also completed legislative action on three bills, including: 

  • House Bill 2506. The bill allows the Department of Motor Vehicles to take advantage of modern advances in secure digital titles for property to create a title clearinghouse to produce titles for nonresidential businesses.

Constitutional rules were suspended to pass the bill the same day it was introduced.

  • House Bill 2029 repeals  the creation of an all-payer claims database by removing the original authority provided to the Department of Health and Human Resources.
  • House Bill 2018 permits the managed care case coordinator to attend the multidisciplinary team meeting. Under West Virginia code, a multidisciplinary team must be convened within thirty days of the initiation of a judicial proceeding to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families.  
  • Senate Bill 132 clarifies the criminal offense of harassment to include stalking as a form of harassment.

Gov. Jim Justice Talks Budget And Taxes

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

Also, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices. One example that has been at the forefront of this debate is the popular app TikTok.

And the Senate Finance Committee spent an hour Tuesday on the budget for the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails.

Finally, a bill concerning the authority of the Foster Care Ombudsman passed the House of Delegates unanimously.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Senate Finance Committee Quantifies Department Of Corrections Issues

Senators spent the first hour of what became a three hour Finance Committee meeting Tuesday night focusing on the budget of the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails. 

The Senate Finance Committee met Tuesday night to hear budget presentations from the Department of Homeland Security and the Department of Education.

Senators spent the first hour of what became a three hour meeting focusing on the budget of the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails. 

Corrections have struggled since the pandemic to maintain employees, with more than 1,000 vacancies for correctional officers in the system and a state of emergency requiring National Guard intervention. During the presentation, it was reported that the National Guard’s role filling administrative positions to free up correctional officers is costing $500,000 per week, and will lead to a $6 million budgetary shortfall for the division this year.

In response to questioning, William Marshall, commissioner of the West Virginia Division of Corrections and Rehabilitation, told Sen. Eric Nelson, R-Kanawha, it would take a pay raise of at least $10,000 for all correctional officers to make the position more attractive to future candidates.

“Easy math 4,000 [officers], $10,000 across the board. That’s a $40 million annual base builder,” Nelson said. “Pension benefits can be anywhere from 25 percent to 50 percent of compensation. If we were to potentially look at this correctly, would you agree that this is a $40 to $60 million base builder that we need to consider going forward?”

“You’re talking about not only base salary, but retirement?” Marshall replied. “Yes, I think a retirement plan would be very, very attractive. It’s hard. A lot of our officers we talked to, it’s hard to do that job forever.”

Marshall discussed the difficulty in retaining correctional officers not only because of the inherent risk of the job, but also because of competition from other correctional systems.

“We not only lose corrections officers to the federal system, but we also lose corrections officers to our bordering states as well,” Marshall said. “We lose a number of them to Maryland in the Eastern Panhandle quite often. They had a promotion about a year and a half ago, two years ago, with a $5,000 signing bonus and a $50,000 to $55,000 start pay.”

House Bill 2879, currently in the House’s Finance Committee, would provide existing correctional employees with three or more years of employment, a $6000 retention bonus and establish a $3000 sign-on bonus for new employees.

Marshall, with help from Executive Officer for the Division of Corrections and Rehabilitation Brad Douglas, explained to the senators that the state’s newest correctional facility, Lakin Correctional Center in Mason County, is already 20 years old. The oldest facility, Huttonsville Correctional Center in Randolph County, was built in 1938.

Marshall was appointed commissioner by Gov. Jim Justice two weeks ago. 

Jeff Sandy, cabinet secretary for the Department of Homeland Security, fielded questions from Sen. Jason Barrett, R-Berkeley, about why there’s only $29 million in the governor’s budget to address the $200 million Corrections needs for deferred maintenance. Brian Arthur, assistant director of fiscal operations for administrative services, clarified that the $29 million is made up of $2 million that Corrections regularly receives for deferred maintenance, and a one-time allocation of $27 million to address a specific need.  

“Senator, just so you’ll know, that $27 million is the locks which were broken as of late July of last year. So that does not replace every lock in corrections across the state,” Sandy said. 

“What did your office request of the governor for deferred maintenance?” Barrett asked, seeking clarification.

“We have itemized what jobs need to be done: roofs, locks, etc. And the governor’s office makes the decision on what they feel the state could afford,” Sandy said.

“But you outlined that there’s $200 million in deferred maintenance?” Barrett continued.

“We have for six years sir,” Sandy said.

Foster Care Ombudsman Authority Broadened In The House

The official advocate for foster children in the state system may soon have more power to look out for their rights.

The official advocate for foster children in the state system may soon have more power to look out for their rights.

House Bill 3061, concerning the authority of the Foster Care Ombudsman (FCO) passed the West Virginia House of Delegates unanimously Wednesday.

During the 2019 and 2020 legislative sessions, House Bills 2010 and 4094, allowed for an independent FCO in West Virginia.

FCOs are required to have experience as a former foster parent or experience in the area of child welfare. They advocate for the rights of foster children, investigate and resolve complaints, and provide assistance to foster families, among other responsibilities.

“This bill permits the foster care ombudsman (FCO) to monitor, investigate and review issues with the child welfare system from intake to when the child ages out and foster children within the juvenile justice system,” said Del. Amy Summers, R-Taylor, lead sponsor of the bill. “It adds language which protects the ombudsman from being compelled to testify or produce evidence in a proceeding on investigations. But the ombudsman may be called before LOCHRRA to testify on actions carried out by the office, but not the substance of an official investigation. It prohibits other state agencies or officials from preventing the release of reports by the ombudsman. These changes bring added accountability to the child welfare system, and I urge passage.”

Del. Matthew Rohrbach, R-Cabell, also spoke in favor of the legislation, noting the many discussions surrounding the West Virginia Department of Health and Human Resources (DHHR) this legislative session.

“This is an important bill. We’ve all sat here for several years and worked on our problems with foster care and CPS,” Rohrbach said. “What this legislature is attempting to do with this bill is to put some real accountability and enforcement into the data collection and the ability to enforce and see what’s going on. This frees up the omsbudsmans to give them much more control. And I’m 100 percent for this because this, as well as some other things that we’re doing in DHHR, in the Office of the Inspector General, is really going to help to make this system accountable, which I think is something that everybody in here wants.”

House Bill 3061 is now headed  to the Senate.

A Discussion Of The State Budget And When To Stop Driving This West Virginia Morning

On this West Virginia Morning, government reporter Randy Yohe spoke with Senate Finance Chair Eric Tarr, R-Putnam, and House Finance committee member Larry Rowe, D-Kanawha, to get the latest on the state budget.

On this West Virginia Morning, government reporter Randy Yohe spoke with Senate Finance Chair Eric Tarr, R-Putnam, and House Finance committee member Larry Rowe, D-Kanawha, to get the latest on the state budget.

We also continue our series “Getting Into Their Reality: Caring For Aging Parents” as News Director Eric Douglas speaks with insurance expert Paul Moss about when older drivers should give up being behind the wheel.

Also, West Virginia lawmakers advanced a bill Monday that restricts medical care for transgender youth.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from West Virginia University, Concord University, and Shepherd University.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

House Committees Advance ‘Anti-Racism’ Bill And Restrictions To Gender-Affirming Medical Care

On this episode of The Legislature Today, Government Reporter Randy Yohe speaks with Senate Finance Chair Eric Tarr, R-Putnam, and House Finance Committee member Del. Larry Rowe, D-Kanawha, to get the latest on the state budget.

On this episode of The Legislature Today, Government Reporter Randy Yohe speaks with Senate Finance Chair Eric Tarr, R-Putnam, and House Finance Committee member Del. Larry Rowe, D-Kanawha, to get the latest on the state budget.

Also, the House Education Committee had a vigorous debate Monday on a bill titled the Anti-Racism Act of 2023. This is the same bill that died in the final hours of the 2022 state legislative session.

The House Judiciary Committee advanced a bill to restrict gender-affirming medical care for transgender minors. As Curtis Tate reports, the bill has more restrictions than one approved earlier by the House Health and Human Resources Committee.

Finally, state education groups say school discipline is at a near crisis level. A bill debated in the House is intended to offer educators a tool to limit disruption in the classroom. Randy Yohe monitored that debate.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

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