Budget Correction Plans Increase After Clawback Averted

House Speaker Roger Hanshaw said the surplus budget revenue pool is in the $700 to $800 million range.

Now that a near half billion-dollar federal clawback is off the table, plans to fatten a skinny state budget are ramping up. 

Gov. Jim Justice announced last Friday that West Virginia will not face a clawback of $465 million in COVID-19 money from the U.S. Department of Education. The news alleviated concerns raised by state lawmakers during the final days of the legislative session in March.

Speaker of the House Roger Hanshaw, R-Clay, said leaders from the executive and legislative branches have continued to regularly meet on setting budget priorities for an expected May special session.

“Before we meet in May,” Hanshaw said. “We will have made some tentative decisions on which of the various spending proposals that we had during the regular session will actually expect to pass into law and then go into our May interim period intending to do those things.”

Hanshaw said budget priorities begin with fulfilling certain ongoing state obligations.

“Like our public defender system, for example,” Hanshaw said. “It’s one of those every year where we have to pass a supplemental appropriation that lets us continue to meet our obligations of the justice system, funding the public defenders at a level that meets constitutional expectations.

Hanshaw said the surplus revenue pool is in the $700 to $800 million range. He said the budget meetings including state health officials highlight the priority issue of restoring several million dollars in health-related Medicaid funds. 

“How do we make sure we’re maximizing federal dollars?” Hanshaw said. How do we make sure we’re maximizing our matching funds?  We just had to delay it by about a month and a half this year.”

Hanshaw says legislators are watching possible federal changes in childcare funding to assess state budget input. 

There’s a federal U.S. Department of Labor rule,” Hanshaw said. “I believe it is working its way through the federal system right now, that will have a big impact on that. A rule that would compel funding for childcare agencies on the basis of paying on an enrollment versus attendance model. We need some finality on that from the federal government before we can be certain just exactly how much we can allocate and the manner in which we allocated.”

In his State of the State Address, Justice proposed $50 million for a West Virginia State University agricultural lab. Hanshaw said that has been a state government priority for a long time. He expects it to be addressed in the Special Session.

“We need to get the Department of Agriculture in some new facilities,” Hanshaw said. “That’s well known. For many years, we’ve worked with the commissioner and with the President of WVSU, President Cage and his team there. That’s a shared priority for everybody.”

Hanshaw also expects long term EMS viability, and pay raises for non-uniformed corrections workers to be on Justice’s special session call, likely to be during held the May 19-21 interim legislative meetings

“It makes sense that we would utilize the time that people have already allocated to be here in the Capitol,” Hanshaw said. 

University Board Of Governors Makes Way For Concealed Carry On Campus

Updated: April 16, 9:45 a.m.

West Virginia’s colleges and universities will be required by a new law to allow students to carry concealed deadly weapons on campus starting July 1. 

In March, Gov.  Jim Justice signed the Campus Self-Defense Act into law. It allows, with some exceptions, anyone with a permit to concealed carry on the campus of any public institution of higher education. 

On April 12, WVU’s Board of Governors approved a rule initiated by the law. Handheld guns like revolvers and pistols will be allowed on campus and must be concealed and carried by a person licensed to do so. 

Concealed Carry will still not be allowed at many places on campus including most university stadiums or arenas, daycares, some health care facilities, and anywhere on campus where possession of a firearm is prohibited by state law. 

For non-employees, handheld firearms will still be banned from dorms but will be allowed in common areas.

The law will take effect on July 1. A webinar is scheduled for Thursday to update students, faculty and staff on the implementation of this rule. 

Updated to reflect that it requires a concealed carry permit to carry on campus.

House Resolutions Focus On Term Limits, People Power

Two resolutions, presented and failed in the past, were once again introduced in the House Tuesday. The first would directly affect the state’s elected constitutional officers; the other gives powers usually reserved for the legislature – to the people.

Two resolutions, presented and failed in the past, were once again introduced in the House Tuesday. The first would directly affect the state’s elected constitutional officers; the other gives powers usually reserved for the legislature – to the people.  

House Joint Resolution 15 (HRJ15) would amend the state constitution to prevent any person from serving in the office of Secretary of State, State Auditor, Commissioner of Agriculture, Attorney General or State Treasurer for more than three consecutive terms beginning after January 1, 2025.  

Currently, there is no term limit on these offices. The resolution sponsor, Del. Geoff Foster, R-Putnam, said with our changing political and social landscape, this is a proposal that needs to finally become law.

“I think it’s smart to get new blood in there, somebody that can take a new look at it.” Foster said. “Back when it was originally introduced, we’d had constitutional officers in there for 20 years or more.” 

House Joint Resolution 14 (HRJ14) would amend the state Constitution to give the people the powers of initiative, referendum, and recall. Del. Chuck Horst, R-Berkeley, is sponsoring the returning resolution. Horst said, as with term limits, this resolution’s time has come to increase the political decision-making strength of the people of West Virginia.

“It is to allow the people a bit more power,” Horst said. “They can recall an elected official if the elected official is not acting appropriately for what the people expected. And we’d give them the power that by referendum, they could collect enough signatures and get a particular issue put on the ballot for the people to decide if the legislature doesn’t seem to want to address.”

An example of a people’s initiative would be the legalization of the recreational use of cannabis. This is an issue that Democrats on both the House and Senate side are pushing hard for this year. Senate President Craig Blair, R-Berkeley, has come out and said that maybe this is something that’s time has come in the next year or two or three.  Speaker of the House Roger Hanshaw, R-Clay, said Monday that recreational cannabis passage would be “very unlikely.” Therefore, an initiative would work.

Horst said the people’s decision on recreational cannabis was likely a rejection for now, but a people’s initiative might shift the odds.

“I don’t expect that a recreational cannabis bill would go through the legislature right now in the current climate” Horst said “There’s probably some areas of the state that have quite a few people that would want to see that. If there were enough people, they could collect the signatures, and they could get an issue like that put on the ballot for the people to decide instead of the legislature doing it.”

Both resolutions now head to the House Judiciary Committee, where there would be an option to draft a bill.

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