Senate Passes Bill To Change Legislative Audit Rules Regarding Transparency And Oversight

The Senate and the House of Delegates both have bills that make changes to the Legislative Auditor’s office. 

The Senate and the House of Delegates both have bills that make changes to the Legislative Auditor’s office

The office looks into state organizations and organizations that receive state funding and then it takes its findings to the West Virginia Legislature. The findings also are scheduled to be accessible to the public. That information can assist the legislature in policy making and to hold the state government accountable to the taxpayers. The office has historically been a somewhat independent body of the legislature. 

The House bill strikes out language that would mandate the findings of the legislative auditor to be made public record. The Senate bill was amended last week so that findings will be made publicly available and that agency reviews will be made each year. 

However, both bills expand the power of House and Senate leadership, replacing existing language with “at Senate President’s or House Speaker’s direction.”

Senate Bill 687  and House Bill 5592 change who the legislative auditor reports to. It moves from the legislature broadly to the Joint Committee on Government and Finance. It also defines the investigative powers of the office. The Senate bill passed the Senate and now heads to the House. The bill had eight nay votes panning across party lines. 

Many opposed to the bill, like Sen. Bill Hamilton, R-Upshur, cited issues of transparency and conflicts of interest. 

“I mean, because the Speaker and the President of the Senate, they change at different times,” Hamilton said. “And you know, you may have somebody that’s partial to one industry or partial to one group, and says, ‘Well, I don’t want this to go forward.’ I’m not saying that our current Speaker or President would do that. You know, but you don’t know who’s coming behind.” 

Lead sponsor of the bill, Sen. Jack Woodrum, R-Summers, said the bill only changes things to be in line with current law. He said transparency would not be affected.

The majority of the other bills passed in the Senate were House bills. 

Four of seven House bills were passed without any changes. Those bills now head to the governor to be considered and possibly be passed into the law. 

House Bill 5006 will eliminate antiquated recycling goals and set new criteria for evaluating the state’s success in achieving recycling goals.

House Bill 5261 expands a tax exemption for portable fire arms. The bill included receiver frames – a part of a gun – as part of that tax exemption. 

House Bill 5267 and House Bill 5273 change retirement calculations and posthumous benefits for law enforcement officers and Emergency Medical Workers.

Bill That Would Strike Down ‘Rolling Coal’ Sparks Senate Committee Debate

A bill that would restrict “rolling coal” — a form of protest in which drivers release thick clouds of smog from there vehicles — advanced in the West Virginia Senate on Monday, but not without pushback from some lawmakers.

A controversial bill that would prohibit “rolling coal” on roadways advanced in the West Virginia Senate Transportation and Infrastructure Committee on Monday — but not without pushback from some lawmakers.

Rolling coal refers to modifying diesel fuel in a motor vehicle in order to pollute the air with thick, dark smog. For years, rolling coal on highways has served as a display of allegiance to the coal industry in spite of mounting environmentalist pushback.

Elsewhere in the United States, lawmakers have restricted the form of protest in light of environmental, health and safety concerns associated with emitting a pollutant into the air.

Now, West Virginia legislators are considering their own restrictions on the practice. The West Virginia Senate is actively reviewing Senate Bill 436, which would render the contentious form of protest a misdemeanor.

The bill reached the Senate Transportation and Infrastructure Committee on Monday, where discussions focused on the safety risk associated with reduced visibility on West Virginia roads.

Sponsored by Sen. Jack Woodrum, R-Summers, the bill penalizes deliberately selling, making or using diesel additives to produce “visible smoke emissions.” It would apply to all motorized vehicles on public roadways, but not on private land.

The bill passed through the committee Monday but drew pushback from senators who described it as a crackdown on pro-coal West Virginians, or an unnecessary piece of legislation to focus on.

Rolling coal refers to the deliberate emission of thick, black smog from a motor vehicle.
Credit: toa555/Adobe Stock

Sen. Robert Karnes, R-Randolph, was an outspoken critic of the bill during Monday’s meeting. Karnes alleged the pending law would suppress some West Virginians’ right to protest.

“People who are doing this rolling coal are simply expressing their support for West Virginia’s coal industry,” Karnes said. “This is an attack on people who support our coal industry.”

“We may not like that particular statement,” he continued. “But they have a right to express their political views.”

Others who voted to advance the bill said that, regardless of their own perceptions of the protests, the law would not mark a clear enough suppression of coal supporters’ rights to preclude it from further consideration.

“I don’t see this as an anti-coal bill,” said Sen. Glen Jeffries, R-Putnam.

Regardless, members of the committee agreed to scale back penalties for those who violate the law.

Under an earlier draft of the bill, repeat rolling coal offenders could face up to six months imprisonment. The committee deemed this excessive, and amended the bill so that violators would only incur fines up to $500.

With the committee’s approval, the amended bill will now return to the Senate where lawmakers will determine whether to send it to the House of Delegates.

Exit mobile version