$100 Million Settlement May Prompt State To Rethink Internal Insurance Program

Recently, the West Virginia Board of Risk and Management Insurance (BRIM) settled lawsuits totalling more than $100 million in a case of abused and victimized children at the now shut down Miracle Meadows religious boarding school in Harrison County. It follows $52 million in previously settled claims.

Recently, the West Virginia Board of Risk and Management Insurance (BRIM) settled lawsuits totaling more than $100 million in a case of  abused and victimized children at the now shut down Miracle Meadows religious boarding school in Harrison County. It follows $52 million in previously settled claims

In 2020, the West Virginia Legislature passed House Bill 4559 that increased the civil statutes of limitations for child abuse from 22 to 36. This allowed victims to come back years afterward and sue.

In April interim legislative committee meetings, BRIM’s Director Melody Duke told lawmakers the agency may need help to fund anticipated losses.

Senate Finance Committee Chair Eric Tarr, R-Putnam, was unsure of a legislative funding fix.

“Are we gonna have to bail them out? I don’t know,” Tarr said. “One of the things that we may have to look at is, they insure a lot of nonprofits.”  

Tarr said outside of BRIM insuring public entities, they insure more than 100 high-risk nonprofits. He said the state may need to rethink the risks those clients present.

“It’s terrible what happened to those children,” Tarr said. “There’s no money that can make that up for what happened to them. But we also have to take a look at the security of the state and the coffers of the state to be able to pay to operate.”

Tarr said BRIM has been providing lawmakers information about the nonprofits they insure, but he said it’s not an easy decision on who to cover with a state insurance agency.

“It’s not a simple fix to go through and look and see what each one of them does,” Tarr said. “Even when you look at some of these names, you don’t know who they are or what they do without going through one by one and deciding is this something that the state wants to do? Do we want to be in the business of ensuring very high risk organizations?”

Tarr said making decisions on BRIM is a legislative priority.

BRIM representatives declined to talk to West Virginia Public Broadcasting on their financial situation due to ongoing litigation.

Post Special Session, Bills Passed And Failed

Earlier this week, 35 of 44 bills proposed in the recent special legislative session passed. But what about the bills that failed?

Earlier this week, 35 of 44 bills proposed in the recent special legislative session passed. But what about the bills that failed?

The special session included about $30 million to address the ongoing crisis in the state correctional system, $12 million for volunteer fire departments and EMS, and $45 million to help Marshall University establish a Cybersecurity Program. Several other passed bills will make a mark on the state.

Gov. Jim Justice, who called the legislature into special session to address the 44 bills, said corrections and roads were his top priorities. Senate Bill 1026 appropriated $150 million to the Department of Highways. Justice said in a media briefing that road maintenance funding makes more money for the state.

“We have made incredible progress there,” Justice said. “It’s an economic driver beyond belief.” 

Other passed bills include allocating $4 million to help make the West Virginia Culture Center compliant with the Americans with Disabilities Act and $1 million dollars that will replace worn patient beds in state veterans’ hospitals. 

In 2019, the legislature eliminated the state severance tax on timber. But that left the state forestry department without a source of income for fire suppression. That’s according to Senate Finance Chairman Eric Tarr, R-Putnam. 

“So we went back in and put in about $4 million for fire suppression equipment for forestry,” Tarr said.

Find a complete list of passed special session bills here.

The nine bills that did not pass included funding denied for the Attorney General’s technology litigation staff, some state park repairs, mine reclamation emergencies and rejected appropriations to the Department of Revenue.

Tarr said there was nothing inherently wrong with the bills that did not pass.  He said when the House of Delegates rejected a procedural funding bill that incorporated a rainy day fund “smoothing” mechanism, it greatly reduced the surplus money available to allocate.

“Fixing that problem would have reduced the rainy day transfer from $231 million to about $87 million,” Tarr said. “So you have to go through and prioritize some of these spends. It really comes down to ‘Do you take the the miser ideology, or do you take an entrepreneurial approach, and invest in the state?’” 

Tarr said “I can’t say that what we did aren’t the end all solutions, but they are really big steps toward comprehensive solutions that we do with these issues.”

The nine failed bills include:

HB 101 – Relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund

HB102 – Supplementing and amending the appropriations to the Department of Revenue

HB 108 – Relating to pretrial release

HB 111 – Authorizing agreements for reimbursement for certain training costs and to authorize the division to cooperate with the Supreme Court of Appeals on developing a comprehensive transportation plan

HB 113 – Relating to making West Virginia an agreement state with the United States Nuclear Regulatory Commission

HB 118 – Supplementing and amending the appropriations to state board of education

HB 135 – Supplementing and amending the appropriations to the Department of Environmental Protection

HB 136 – Supplementing and amending the appropriations to the Department of Commerce, Division of Natural Resources

HB 140 – Supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Attorney General

Senator Asks Feds For CARES Money Investigation

Senate Finance Committee Chairman, Sen. Eric Tarr, R-Putnam, is questioning if Gov. Jim Justice has violated federal law and has requested the federal Office of the Inspector General to investigate.

Updated on Monday, March 20, 2023 at 5:50 p.m.

Senate Finance Committee Chairman, Sen. Eric Tarr, R-Putnam, is questioning if Gov. Jim Justice has violated federal law and has requested the federal Office of the Inspector General to investigate. 

At issue is the movement of $28,375,985.43 in CARES Act funding to a special account controlled by the governor’s office for non-COVID-19 related expenses. 

Congress passed the Coronavirus Aid, Relief, and Economic Security Act in 2020 at the beginning of the pandemic to provide aid to individuals struggling with job loss. The state of West Virginia received $1.25 billion in aid as well, but it came with stipulations on how the state could spend the money as well as time limitations. 

In a Senate Finance Committee meeting on Feb. 3, during the regular session of the West Virginia Legislature, the governor’s chief counsel, Berkeley Bentley, explained that the governor approved the transfer of the money to his discretionary fund. 

Testimony indicated the money was to be used for COVID-19-related expenses for the Department of Corrections and Rehabilitation. Jeff Sandy, the secretary of the Department of Homeland Security, testified that prior to this transfer, the department did have COVID-19 expenses, but it had already been reimbursed for that expense. After that transfer, only an additional $280,721 was transferred to the Department of Corrections. 

State Auditor J.B. McCuskey testified that the transfer was unusual for its type and amount for this fund. Previously, the largest transfer into the fund was $250,000. One of the most notable uses of the money was $10 million to Marshall University for the baseball stadium. 

Tarr sent his letter to the Office of the Inspector General in Washington, D.C. asking for a response regarding concerns about the ethics, legality and risk of any future clawbacks of the money by the federal government. 

In an emailed statement from the governor’s office, Press Secretary C.J. Harvey said, “This letter is simply a regurgitation of old news. Unfortunately, Senator Tarr can’t let it go. The Governor’s Office firmly believes that all transactions involving the use of CARES Act funds were legal and appropriate. Decisions on the use of funds were made with the advice of legal counsel and two national CPA firms, including one who completed an independent audit and found no issues.”

Budget Goes To Governor For His Approval

The state budget is one step closer to completion after legislative action Friday morning. 

The state budget is one step closer to completion after legislative action Friday morning. 

Thursday evening, the Senate took up and amended the House of Delegates’ budget bill, House Bill 2024, and after some discussion in the House Friday morning, the state budget passed easily.

Senate Finance Chairman, Sen. Eric Tarr, R-Putnam, said the changes the Senate made Thursday night reflected the work both chambers have put into the budget.

“Those are agreements and arrangements and everything that we worked out with the House members all along the way, through all this legislation was passed,” Tarr said. “We had quite a bit of concurrence on the bill, so it was understood that it passed the House going out today.”

House Bill 2024 now goes to the governor’s desk for his approval and signature. 

Tarr said he was pleased to pass a budget in less than 60 days for the fifth year in a row. However, he also said the budget isn’t fully complete until the governor signs it.

“Because of it being the budget bill, if there’s something in there that he doesn’t agree with, he can’t go and change it, but he can go into the line-item veto,” Tarr said. “As he goes through the budget, I don’t know yet. We’ll see what he does with it. But that happens occasionally, so it’s something that we expect.”

A budget bill is the only piece of legislation required to be produced annually in the Constitution.

Tarr highlighted several projects funded by the budget, including money to shore up the state’s aging dams, as well as money to address deferred maintenance in higher education facilities and the state’s prisons and jails.

“There’s a lot of items like that in this budget that are the things that don’t get a lot of media attention, but just because they’re not the sexy things around politics these are the things that really, really matter and so a lot of that’s done in this budget,” Tarr said.

Senate Passes Amended House Budget, Expects Easy Approval

The Senate passed the House of Delegates’ budget bill Thursday evening. 

With the Senate’s passing of House Bill 2024, the legislature is one step closer to having a budget bill, the one constitutional mandate the lawmaking body has in its annual session.

With the Senate’s passing of House Bill 2024, the legislature is one step closer to having a budget bill, the one constitutional mandate the lawmaking body has in its annual session. 

The Senate previously passed its own budget bill, Senate Bill 150, on Feb. 25. 

Before passing the bill, the Senate approved a strike and insert amendment to House Bill 2024 aimed at bringing the two chambers’ budget proposals in line with each other.

One of the changes between the two bills is an increase in appropriations of more than $500 million from the general revenue fund, for a total appropriation exceeding $20.5 billion.

In response to a question from Sen. Charles Trump, R-Morgan, Senate Finance Chair Sen. Eric Tarr, R-Putnam, said he was confident this version would soon be on the governor’s desk.

“I think I’ve heard the answer to this question around the building, but this is agreed to now completely?” Trump asked. “In other words, it’s a House bill, I guess it has to go back there, but are we to understand that you’ve managed to convince them that they should accept what the Senate’s work product is?”

“That is very accurate,” Tarr replied. “I fully expect that as we pass this over. It’s gonna go right through there into the governor’s office.”

Trump concluded his statement by commending his colleagues in the Finance Committee for their work on the budget.

“We should not fail to note this is the fifth consecutive year when we will complete work on a budget within the 60-day regular session,” Trump said. 

Historically, the legislature has reconvened in special session after the conclusion of the regular session to complete a budget. In 2016, the legislature narrowly approved the state’s 2017 fiscal year budget in June.

House Bill 2024 now returns to the House of Delegates for its approval.

Lawmakers Disagree Over Appropriation Of Federal Relief Funds  

With the signing of the tax cut bill, lawmakers have taken a significant step towards finalizing a budget. However, there are still some coronavirus relief monies yet to be appropriated, and significant debate on how to use them. 

With the signing of the tax cut bill, lawmakers have taken a significant step towards finalizing a budget. However there are still some coronavirus relief monies yet to be appropriated, and significant debate on how to use them. 

House Bill 2883 would make a supplemental appropriation of $500 million from the Coronavirus State Fiscal Recovery Fund to the Economic Development Authority.

Community activists from almost a dozen organizations including the NAACP and the ACLU gathered Tuesday morning to call for a portion of those funds – about $300 million – to be invested into West Virginia’s poorest communities.

Rev. Matthew Watts of the Tuesday Morning Group has promoted an alternative application of remaining federal relief funds since before the start of the session. He wants to take the $300 million and allocate those dollars to cities, towns and counties based upon the proportion of people living below the poverty line.

He and others are now concerned that allocating the money to economic development doesn’t meet the intent or requirements for American Rescue Plan Act funds.

“It now appears that the legislature is going to seriously entertain the governor’s request that $500 million of the remaining $678 million in ARPA dollars go to the general economic development fund,” Watts said. “We think it’s just important to bring it back to the public’s attention that that was not the federal government’s intention when they sent the money. They made it clear in the guidelines that general economic development was not an allowable expense.”

Watts says the spirit and intent of the federal statute was to be invested strategically in underserved and long marginalized and disadvantaged communities. He believes that can still be done while also meeting the governor’s desire for large-scale business investment.

“It’s just a matter of them realizing it’s not a zero-sum game, it does not have to be either we give all the money to our state corporation for economic development, or we give some money to invest in the people in the places where they live,” Watts said. “They both can be done because with the $1.7 billion in budget surplus, with the remaining $677 million in opera dollars, there is an opportunity to do both.”

House Minority Leader Del. Doug Skaff, D-Kanawha, is the bill’s co-sponsor. As the minority leader, Skaff said his name being on the bill is largely ceremonial, and he has promoted several amendments to try and codify Watt’s proposal for community aid from the funding. 

“A lot of us feel like we should not put that much money into that fund. Economic development is what we need and what we’ve done,” Skaff said. “We’ve done a lot over the last couple years, but we still have people in need. We have counties, hurting cities, and we have to take care of our people who are still coming back out of COVID. We have proposed amendment after amendment to take $300 million of that and put it in underserved areas around the state.”

Skaff believes, like Watts, that direct investment in communities is a viable form of economic development.

Senate Finance Chair Sen. Eric Tarr, R-Putnam, is not convinced that such a direct expenditure would be the best use of the funds.

“The way that we, the Senate, has been characterizing those revenues is an opportunity to save money going forward, or to improve the return, whether it be in jobs or whether it be in revenue that comes in state off those investments, for the operations of state going forward,” Tarr said. “So, to go out and grant it just on communities at large, without addressing those two issues – which those two issues I just mentioned, are nine times out of 10 job creating initiatives in West Virginia, which end up helping all these communities. I think it’s a difference in philosophy of how you do it: directly grant it to communities versus teaching men to fish so to speak, when we bring jobs into communities.”

As the legislative session draws to a close, Watts wants to see his proposal codified, but is hopeful the governor can still use the funds to help West Virginians. 

What he doesn’t understand are the motivations of some legislators.

“I don’t know how the legislators from my part of the state, the southern West Virginia coalfields, that look like a third world country that’s just been devastated by war, I don’t know how they can go back to their cities, into the towns, to the villages and look the people in the eye and explain to them why they would not stand up and support our idea that some of that money came back to their counties,” he said. “I don’t know why they want to be here, if they’re not going to represent the people that sent them here. We will see what they do when it comes time for them to vote in these respective committees.”

House Bill 2883 was approved by the House Finance Committee later on Tuesday with the recommendation to the full House of Delegates that it do pass. Several amendments to the bill, including Skaff’s proposal for direct investment in communities, were voted down.

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