Bill Limiting Justice’s Emergency Powers Continues To Advance

Senate Bill 128, clarifying the authority of Governor and Legislature to proclaim and declare a state of emergency and preparedness passed the House of Delegates on Tuesday, 93-3. The Senate already passed the bill on the opening day of the legislative session.

Senate Bill 128, clarifying the authority of Governor and Legislature to proclaim and declare a state of emergency and preparedness passed the House of Delegates on Tuesday, 93-3. The Senate already passed the bill on the opening day of the legislative session.

Efforts by senators and delegates to limit the governor’s emergency powers began in last summer’s interim sessions. The issue surfaced during the COVID-19 pandemic, when Gov. Jim Justice only lifted the emergency order at the end of 2022, lasting much longer than many lawmakers would have preferred.

During their floor discussion, delegates voiced concerns that irrevocable damage could have already been done during the emergency order. They identified concerns about the perils of micromanaging during a state of emergency and worried that the language in one failed amendment might allow for citizens to hoard resources during a snowstorm due to the limitation of the governor’s powers.

The House adopted a key amendment that limits the governor’s use of his powers to 30 days. Afterward, everything is subject to legislative review. It gives the legislature more power over the time and definition of an emergency. It toughens the definitions of state of emergency and state of preparedness. It removes executive authority to suspend or limit the sale, dispensing or transportation of alcoholic beverages.

Del. Pat McGeehan, R-Hancock, said during floor debate there was a learning curve gained during the pandemic.

“The bill before us, that addresses the so-called emergency powers with the executive branch, has really nothing to do with personalities, nothing to do with certain factions within this chamber, or within the chamber or across the hall or within the personalities downstairs,” McGeehan said. “It really has to do with certain ideas. And that’s what I usually gravitate towards: ideas. And the idea really is that we really, in going forward in the future, cannot abide by something that is rather antithetical to the American tradition that is sort of a simplified one man rule in perpetuity.”

The bill now goes back to the Senate after being amended in the House to see if they agree with the changes.

PEIA Concerns And Tourism Day On This West Virginia Morning

On this West Virginia Morning, the Public Employees Insurance Agency (PEIA) is the health care benefit for state employees and teachers among others. Rising costs in health care have put the program in jeopardy. Reporter Chris Schulz spoke with Del. Charlie Reynolds, R-Marshall, and Fred Albert, the president of the American Federation of Teachers – West Virginia, to get their perspectives.

On this West Virginia Morning, the Public Employees Insurance Agency (PEIA) is the health care benefit for state employees and teachers among others. Rising costs in health care have put the program in jeopardy. Reporter Chris Schulz spoke with Del. Charlie Reynolds, R-Marshall, and Fred Albert, the president of the American Federation of Teachers – West Virginia, to get their perspectives.

Also, in this show, state tourism revenue in 2022 set a record with $5 billion dollars in traveler spending. As Randy Yohe shows us, “Almost Heaven” was on full display as “Tourism Day” filled the State Capitol rotunda halls Monday.

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

PEIA, Unemployment And The Legislature Celebrates Tourism Day

On this episode of The Legislature Today, reporter Chris Schulz talks with Del. Charlie Reynolds, R-Marshall, and Fred Albert, the president of the American Federation of Teachers — West Virginia, to get their perspectives on the latest concerns surrounding PEIA — the health care benefit for state employees and teachers.

On this episode of The Legislature Today, reporter Chris Schulz talks with Del. Charlie Reynolds, R-Marshall, and Fred Albert, the president of the American Federation of Teachers — West Virginia, to get their perspectives on the latest concerns surrounding PEIA — the health care benefit for state employees and teachers.

Also, in this show, a bill passed in the Senate Monday morning, requiring all West Virginia hospitals with emergency departments to have a trained Sexual Assault Nurse Examiner available to treat survivors 24 hours a day. Reporters Schulz and Emily Rice have the story.

And state tourism revenue in 2022 set an all-time record with $5 Billion dollars in traveler spending. Those gains were impacted in all areas of the state. As Randy Yohe shows us, “Almost Heaven” was on full display as “Tourism Day” filled the state Capitol rotunda halls.

Having trouble viewing the video below? Click here to watch it on YouTube.

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.

Tourism Day On Full Display At The Legislature 

In 2022, state tourism revenue set an all time record with $5 billion  in traveler spending. “Almost Heaven” was on full display as Tourism Day filled the State Capitol rotunda halls on Monday.  

In 2022, state tourism revenue set an all time record with $5 billion  in traveler spending. “Almost Heaven” was on full display as Tourism Day filled the State Capitol rotunda halls on Monday.   

Thousands of people from throughout the state, country and world experience the thrill of whitewater rafting on West Virginia rivers every year. Some are whitewater veterans, but many first-timers come to West Virginia to experience the New River Gorge National Park and Preserve and raft through the heart of one of the state’s most beautiful areas. 

Chelsea Bricker is marketing leader with Adventures on the Gorge, one of several whitewater rafting outfits. Chelsea explained that these days, Fayette County tourist destinations offer much more than rafting.   

“We do ziplining; we do rock climbing. We do rappelling; we do mountain biking. We have an aerial obstacle course as well,” Bricker said. “You can do a hiking trip in the New River Gorge. You really can come and spend an entire week there, or just come for a couple days. We also have a pool right on the edge of the New River Gorge National Park so you can relax if that’s your idea of an adventure.”

A hidden tourism gem in Mason County, the West Virginia State Farm Museum offers snapshots in history, representing the industry of the farm as well as the state’s farm heritage. Museum Executive Director Tim Kidwell said following a COVID-19 downtime, 2023 museum events will be back in full harvest. 

“We’ll start off with a spring steam and engine shed. Hopefully weather permitting, we usually have 50 to 60 antique engines and tractors on display and in operation,” Kidwell said, “Then each month we actually hold an antique tractor show during the summer and we’ll be wrapping up the year this year with our fall festival.” 

One tourism day display, presented by Jay Fryman with Backroads of Appalachia, showcases his popular regional motorsports trail ride organization, now getting legislative approval for people to ride into West Virginia. 

“Backroads of Appalachia is a nonprofit organization who does economic development to motor sports tourism for the poorest regions of Appalachia,” Fryman said. “We work in Eastern Kentucky, southwest Virginia, eastern Tennessee, and now West Virginia. We’re working with the West Virginia state Legislature to develop a trail system here and promote it to bring that tourism into the small towns. We haven’t had anything since coal died. So that’s what we did.”

The state currently employs more than 44,000 people working in direct tourism jobs. With expected growth, there’s an estimated 24,000 annual job openings, and many of those in the hospitality industry, someone needs to house and feed all those tourists.

The past few years, southern West Virginia Hatfield McCoy ATV trails have rivaled whitewater rafting and winter skiing in bringing in thousands of out of state tourists. John Fekete, deputy executive director for the Hatfield McCoy Trails, said last year they sold 95,000 trail passes and 80 percent of those were non-resident, out of state people. Fekete said the challenge is finding places in the coalfields for those trail riders to lodge and eat. 

”We need more entrepreneurs. We need more development. We’re seeing some of that now. We saw a couple of big resorts come in in the last couple of years,” Fekete said. “Ashland Resort down in McDowell County, they’re growing. They’ve been around for about 10 years. We’ve got the Devil’s Backbone over in Red Jacket. They’ve got almost 50 cabins and are in the process of building 100 more. So the developments are coming but we need more.”

In Nicholas County meanwhile, high schoolers have started the Good Gauley Coffee Company, giving students a head start in one of many tourism hospitality trades. Katie Goette, the ProStart culinary teacher at Nicholas County Career and Technical Center said food tourism or food niches are really quite popular right now. And a barista job may offer more interest and advancement than your fast food endeavor.

“It’s great for these students. It’s an empowering first entry level job into the business instead of fast food,” Goette said. “As a barista or roasting coffee, you have to learn the flavor profiles, which is a great entry level culinary skill. You have to have customer service and get to know your customers and what kind of – how they want their coffee, how they like what they like, and how they take their coffee.”

West Virginia’s record setting 2022 tourism gains were experienced throughout the four corners and two panhandles of the state, with even stronger revenues expected in 2023.   

Bus Operator Shortage Focus Of House Bill

The bill would allow retired bus drivers to come back to work after their 140-day limit on employment. It’s a plan to make up for a statewide shortage of bus drivers after COVID-19 caused many to retire earlier than expected. In December, the state was operating with 300 fewer bus drivers than its normal average of 4,000.

The House of Delegates’ Education Committee passed a bill Monday that would formally announce a bus operator shortage statewide. 

The bill would allow retired bus drivers to come back to work after their 140-day limit on employment. It’s a plan to make up for a statewide shortage of bus drivers after COVID-19 caused many to retire earlier than expected. In December, the state was operating with 300 fewer bus drivers than its normal average of 4,000.

It drew comparisons during discussion to a current policy in place for retired teachers. They would submit an affidavit to their county Board of Education that is sent to the state board for final approval.

During a state Board of Education meeting in November, it was reported that a waiver of state Policy 4336, which outlines school bus transportation regulations, had then only led to 16 bus drivers coming out of retirement or transferring their out of state certification. But legislators are hoping this bill’s passage can draw more attention to the shortage.

“There’s an extreme shortage of bus drivers in many of our counties, from kids sitting on multiple buses going to different schools, taking buses back to other schools, to kids having to sit on the floor because there’s no space for them,” said Del. Wayne Clark, R-Jefferson, vice chair of the House Education Committee.

The bill has been sent to the House Finance Committee for further review. If passed, it returns to the House floor with a recommendation that it be passed there as well.

Senate Passes Bill Changing State’s Unemployment Benefits

Senate Bill 59 makes several changes to the system of unemployment benefits in the state.

Senate Bill 59 makes several changes to the system of unemployment benefits in the state.

Sen. Tom Takubo, R-Kanawha, is the lead sponsor of the bill. He says the bill aims to help target benefits fraud that saw a spike during the COVID-19 pandemic.

“For example, I got contacted that I had filed for unemployment and all these benefits were kicking in. Obviously having been a pulmonary physician during 2020- 2021, it’s the busiest I’ve ever been,” he said. “But it’s outside entities, it’s foreign governments trying to get in, break into our system, computer hackers. So there’s always going to be more fraud. What this does is gives more latitude to us as a workforce development state to be able to defend against those fraudulent activities.”

Takubo also said the bill aims to alleviate the burden of the unemployment tax on the state’s businesses. 

“Everybody thinks of a big corporation when you think of employers but in West Virginia, over 90 percent of the employment is small businesses, and those small businesses are having to pay a very high tax levied to pay for unemployment,” Takubo said.

He said the bill ultimately aims to modernize the state’s unemployment laws to reflect the modern workforce and work environment and try to help more people get back to work.

“What we believe we can use this bill for is to help match jobs that are good jobs for people looking for those, and improve our workforce participation,” Takubo said. “We’re still the worst in the country. Part of that may be that they’re having more difficulty, so this bill will address some of that.”

If passed, the bill would require a job search, with the help of Workforce West Virginia, as a condition of receiving unemployment benefits. If a recipient of unemployment refuses the offer of what the bill calls a “suitable” job, their benefits could be reduced. 

Takubo said the bill isn’t intended to penalize anyone. 

“We’re not trying to pass legislation that guarantees you the perfect job,” he said. “What we are trying to do is get people back into the workforce because we do believe that one job will springboard to the next, to the next to get you to what you feel suitable, and what you enjoy doing for a living.”

The bill also reducess the maximum number of weeks applicants can receive unemployment benefits from 26 weeks to 20.

Sen. Mike Caputo, R-Marion, voiced his opposition to the changes during discussion of the bill on the Senate floor. He drew from his own experience of being on unemployment, and said the changes Senate Bill 59 makes are too harsh on workers.

“When things got a little slow in the mining industry, and myself and my friends got laid off, we wanted to go back to work, we wanted to go back to work desperately, but sometimes things just weren’t available to us,” he said. “There was a time when folks were laid off for years. Sometimes things get extremely tough, and sometimes 26 weeks is not enough. But I’ll tell you what I do know,  I do know that 12 is not enough. And I do know that 20 is not enough when you’re trying to pay the light bill.”

Caputo also questioned why the government had no issue helping corporations, but couldn’t do the same for workers.

“We hand out things to corporations all the time, and I’m supportive of that, because we believe it brings jobs to West Virginia, and we all want people to succeed and have good employment, and we hand it out constantly,” he said. “But when it comes to workers, it seems like it’s a constant beat down. I just don’t get it.” 

Takubo said Senate Bill 59 is just one tool in the state’s toolbox to address workforce issues, and they are always looking for more.

“We’re trying to look at all facets to help as many West Virginians as we possibly can. And so one thing I would say is legislators are all ears,” he said. “What we need is all the help we can get. So anybody out there that has ideas that maybe would help us with this, or any piece of legislation, please let us know.”

The bill will head over to the House of Delegates for consideration.

Exit mobile version