House Bill Overhauls State Vehicle Registry

One of the first bills introduced on behalf of Governor Jim Justice is one aimed at organizing the number of state-owned vehicles. The governor’s version of this bill, House Bill 2492, was introduced in the House of Delegates last week and referred to the committee on Government Organization. But lawmakers in that committee took up a different yet similar bill drafted by members in the House.

Members in the House Government Organization Committee took up a single bill Wednesday morning; House Bill 2004 – to create and maintain a centralized state vehicle inventory system. Under the bill, the data and information regarding state vehicles would be housed in the current Fleet Management Office and would distinguish state, county, and city vehicles with different color plates, much like the system West Virginia has in place today. The problem is that system hasn’t been working the way it’s intended to.

In fact, according to the Legislative Auditor’s Office, the number of state vehicles ranges anywhere between 7,600 to 12,600. Green license plates are how state vehicles are identified, but the problem is organizations that are considered quasi-state agencies, such as community senior centers or public service districts, also get green plates even though the state doesn’t technically own them.

“When the state can’t answer a question of a $200 million plus asset, how much is actually there, we got a problem,” said House Government Organization Chair Del. Gary Howell, R-Mineral, “so we started looking into it. And for the past, roughly ten months, we’ve been working on this with Fleet, DMV, and BRIM trying to come up with a solution.”

Howell is the lead sponsor of House Bill 2004. He says he and other members have also worked closely with the governor’s office in drafting his version of the bill. He says the state hasn’t been tracking the vehicles very closely and considering the state’s budget crisis, Howell says reorganizing the system, or essentially starting the count from scratch, will help.

“It won’t help the budget this year, but next year, once we get a number, we’re gonna be able to look at this and say, here’s some serious cost savings,” he noted, “I expect to save tens of millions of dollars in subsequent years by getting control of the fleet.”

Bob Ashley, who was previously a member of both the House of Delegates and state Senate, is now the governor’s legislative director. He says having so many quasi-state agencies with green-plated vehicles, has posed a real problem that he says is addressed in another version of the bill presented by the governor. That bill would also create a new vehicle registry and change the plates issued to non-state agencies.

“If you’re a state vehicle, you’re a green and white license, if you’re a quasi-state vehicle, you’re a black and white license, and the people will know the difference on the road,” Ashley said.

The two versions of the bill, from Del. Howell and from Gov. Justice, are very similar, but the committee voted to advance the Legislature’s version of the bill.

Ashley says creating a reliable tracking system for state vehicles will save West Virginia taxpayers’ money.

“We’re gonna run it more efficiently,” he said, “The vehicles, Fleet Management will keep an eye, and they do, but they will have an increased look at the gasoline, the usage, the wear-and-tear, when the vehicle’s been serviced; they will also have a better maintenance program for all the vehicles. It is really tightening up to make certain, for the taxpayer, that what vehicles are owned by the state will in fact be taken care of and recognized by the state.”

Five bills have been introduced on the governor’s behalf so far this session, but Ashley says a total of 29 are expected.

Bill to Repeal Prevailing Wage Makes its Appearance in 2016

A bill aimed at repealing the prevailing wage has surfaced again this session, and it’s causing just as much debate this year as it did in 2015.

On just the third day of the 2016 session, dozens of people came out to the capitol early Friday morning to attend the House Government Organization’s public hearing on House Bill 4005, repealing prevailing wage.

In 2015, the legislature passed a bill that favored only a partial repeal, but this year, they’re looking at a full repeal. Sixteen people spoke to the committee, but only two spoke in favor of the bill.

Thomas Samples is a teacher and an electrician from Putnam County who spoke out against House Bill 4005.

“And as I was signing in this morning,” said Samples, “I noticed on that sheet; oppose, oppose, oppose, oppose, oppose; where are all the people that support this?”

Those in opposition of a repeal say there’s no proof it would save tax payer dollars and that it would actually decrease workers’ salaries.

House Bill 4005 will likely strike up more debate in the coming weeks.

Bill on Local Smoking Restrictions is Rejected in the House

It was Tobacco Free Day at the Legislature, Friday. Coincidentally, the Government Organization Committee held a public hearing about smoking. Currently, a county board of public health passes smoking regulations. House Bill 2208, in its introduced version, would make it so only members of the county commission elected by voters have the power to regulate public smoking.

The bill has since changed and now county commissions could only decide if smoking will be allowed in casinos and video lottery businesses in the county. However, the introduced version stirred up a lot of emotions this morning as almost 30 citizens spoke to the committee.

Only one speaker expressed support for the bill.

Kenny Smith with the American Legion says putting restrictions on veterans who want to be able to go inside certain places and smoke isn’t fair.

“We are obligated to tell a man or a woman serving in the United States services under the age of twenty-one, he may not consume alcohol within our fraternal organizations; however this ship has sailed and it is accepted by this generation. We are now telling these same men and women they no longer enjoy the freedom of smoking within our walls as well,” Smith said, “To this extent, what freedoms will be taken next?”

Donna Gialluco with the Hancock County Health Department couldn’t understand why smoking was not deemed a public health issue in the introduced version of the bill.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting

“Fifty-one years ago, the surgeon general’s report already sounded an alarm saying the dangers of smoking and how bad they are for us. Moving forward, secondhand smoke has also been a leading cause of cancer among non-smokers in particular,” Gialluco noted, “So again, I ask this question of you. How can a legislation define smoking as not a part of public health?”

After the public hearing ended, the Government Organization Committee began to discuss the bill.

Delegate Isaac Sponaugle, a Democrat from Pendleton County, was the first one to point out that members were no longer looking at the introduced version of the bill but instead at a committee substitute.

The committee substitute no longer restricts smoking regulations to only the county commission, but instead makes it so the commission only has authority over regulations at casinos and video lottery sites. The smoking regulations set down already by each county’s public health board would remain the same as before.

Delegate Sponaugle was curious if the county commission even wanted the authority of regulating public smoking at these sites.

Jack Woodrum with the Summers County Commission spoke on behalf of the commission and says there are language issues with the bill that concern him.

The committee continued to discuss the bill questioning counsel and Woodrum on the issues of liability in the current language, of safety, and of health.

But in the end, House Bill 2208 allowing county commissioners to decide if smoking would be permitted at casinos and video lottery establishments was rejected.

Confusion in the House Government Organization Committee

What started out as a simple committee meeting to examine the progression of a bill turned into an hour of confusion in the House Government Organization Committee Wednesday.

The Committee met to discuss House Bill 2182, which relates to an examination of the Potomac Highlands Airport Authority’s accounts by state officials. Delegate John Shott sponsored the bill after getting word there was some confusion going on at the airport located in Mineral County.

What the Delegates came to realize is they were confused, too.

“I guess what’s confusing with this is, maybe this is a question for counsel, but how can the state of Maryland have authority for property that’s situated in the state of West Virginia,” asked Delegate Justin Marcum.

“Well they own the actual property, so I mean Alleghany County owns the property,” said Rick Lechliter, the Mineral County Commissioner with the Airport Authority Board, “but that’s where, beyond that, that’s where the compact has been confusing all this time, because it splits up who operates it, and so neither state really has a say.”

Lechliter came to explain the confusion going on at the airport and ask for help from legislators.

Delegate Gary Howell, the chairman of the House Government Organization Committee, clarified the situation.

“The airport itself lies completely within Mineral County, West Virginia,” Howell said, “It’s in an unincorporated area of Wiley Ford, West Virginia. But the airport was originally built by the city of Cumberland, Maryland in West Virginia then transferred to Allegheny County, Maryland, and sometime, I believe it was in the 1970s, West Virginia got involved with funding the airport. West Virginia now through tax breaks and funding actually funds the majority of the operations of the airport, and there’s been an argument over whose laws take precedent, the airport being in West Virginia and West Virginia funding the majority of it, you would think it was our state, but some of the others have some disagreement, and that’s what led to this. And Delegate Shott thought it was a good idea to go ahead and change it in the code to make sure it could be audited to follow, make sure they’re following West Virginia law.”

Delegate Larry Faircloth was one of many in the meeting baffled to find out the accounting firm used by the airport was auditing itself.

“One company that performed the audit that is also doing the accounting,” Faircloth said, “in your opinion, I mean, if we dig deep enough…”

“I know that’s not the right thing by West Virginia regulations,” said Lechliter.

“No, it shouldn’t be the right thing by any regulation,” responded Faircloth, “You know with all due respect this smells.”

By the end of the meeting, Delegate Jim Morgan brought into perspective that most of what was discussed was not what anyone was expecting and not relevant to what the original focus was of the bill.

“It would seem to me that this committee should be deciding on what’s on line six on page two that they should submit an agency review, etcetera, etcetera, and that the gentlemen who is responding is being asked about the operation in the airport and several other things that really aren’t what we’re asking for in this piece of legislation, and that most of those questions really have really not been germane to what we’re doing,” noted Morgan.

Delegate Howell explains why the committee was so confused.

“We originally had attorneys from the auditor’s office come up and tell us that they didn’t cut the checks that the treasurer’s office did, so we had to make an amendment to the bill,” said Howell, “Apparently this was someone who was new to the auditor’s office and had it backwards, and there was different attorneys from the auditor’s office that were in there, and once we done that, they come up and told my staff, they said, that’s not right that’s backwards. So we kind of had to back out and correct the mistake. We’d originally gotten some bad information from the attorneys in the auditor’s office.”

At the end of the meeting, the bill was amended to change the word auditor to treasurer.

Delegate Howell says what happened in the meeting was a strange instance for everyone.

“We want to make sure we’re doing this the right thing, we want to make sure that the tax payer’s money is being protected and spent wisely and that’s essentially what this did. Let’s make sure this is going to be done wisely,” Howell said.

House Bill 2182 will now be considered by the House Finance Committee.

Three Senior Deputies Leaving W.Va. Attorney General's Office

The West Virginia Attorney General’s Office has lost three top staff members to the Legislature.

The Charleston Gazette reports that senior deputy attorney general Marty Wright has accepted a job as the House Judiciary Committee’s head lawyer.

Senior deputy attorney general Richie Heath is now chief counsel to incoming Senate President Bill Cole.

Senior deputy attorney general Tracy Webb has accepted a job as head lawyer of the House Government Organization Committee.

The positions came open after Republicans won control of the Legislature for the first time in more than eight decades.

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