Governor Considers Special Session Request

Gov. Jim Justice has addressed a request from the House of Delegates Democratic Caucus to call a special session of the legislature next month.

Last week, the House of Delegates Democratic Caucus delivered a letter to Gov. Jim Justice urging him to call a Special Legislative Session during the upcoming interim meetings Aug. 6 – Aug. 8.

In the letter the caucus suggests the session focus on the state’s corrections and foster care employment shortfalls as well as what they call a higher education funding crisis. 

During an administrative briefing Wednesday afternoon, Justice gave his position on the three issues, saying he supports doing any and everything to improve foster care. He also said the state needs to help out its universities, but the economics of the situation need to be better understood.

“The shortfall in regard to corrections, I’ve sent it up twice,” Justice said. “Really, and truly, this should have been done a long, long, long time ago. So don’t anybody now ask me from the legislature side, as to ‘We really want you to send us and send this off” and everything. For God’s sakes, alive! It should have already been done.”

The governor did not rule out the possibility of calling a special session and says he will evaluate it more seriously when his chief of staff is back in Charleston.

In response to a question, Justice said that the August interim session would be the right time to call a special session.

“The August interim is the time that we should do this. We ought to do it right now,” he said. “That’s just all there is to it.”

Lawmakers Discuss Uses, Concerns Of AI Tech In Legislative Interim

Members of the Joint Standing Committee on the Judiciary discussed the potential uses, and concerns, of artificial intelligence technology with representatives from tech companies including Microsoft, DataRobot and ROC.AI during an interim meeting Monday morning.

Members of the Joint Standing Committee on the Judiciary discussed the potential uses, and concerns, of artificial intelligence technology (AI) with representatives from tech companies including Microsoft, DataRobot and ROC.AI during an interim meeting Monday morning.

“It’s inevitable at some point in time, you will probably need to start thinking about some rulemaking in this space,” Scott Swann, CEO of ROC.AI, said. “And so as I talk to you, really what the messages I want to throw to you is just to give you a little bit better understanding that not all AI is bad, but they’re absolutely things you should probably be concerned about.”

He told the committee that AI programs, like ChatGPT, take in vast amounts of information used for pattern recognition that could be used to analyze documents, bolster school security and recognize license plates on traffic camera footage.

But it also comes with privacy concerns and questions about what’s actually within the programs’ codes.

Swann spoke about the origin of the “AI supply chain” and the need to be wary of “black boxes” from other countries in the technological arms race, like China and Russia. 

He previously worked for the FBI, helping create their Next Generation Identification biometric program for criminal identification.

“The problem is that if you train these kinds of algorithms, then you have the power to put in these embedded rules, so no one is actually going to be able to scan for that,” Swann said.

But another panelist, Ted Kwartler of AI company DataRobot, disagrees. He argues that, in the near-term, much of these new programs can be manageable with the right know-how.

“I don’t think that AI is really a black box,” Kwartler said. “And I know that’s a hot take. But I think that if you are technical, or that it’s explained to you in the way that you can understand it, and it’s contextualized, anyone in this room, by the end of today, I can get them running code to actually build it out.”

Del. Chris Pritt, R-Kanawha, said he is concerned about how to regulate such technology.

“If nobody who’s in charge of enforcing this has the skills, I mean, if it’s so unique, it’s so emerging, that nobody can enforce those guardrails, what’s the solution?” Pritt asked.

Others on the committee, like Del. Evan Hansen, D-Monongalia, have experimented with using ChatGPT to write proposals. He asked about the ethics of using AI in the policymaking process moving forward. 

“Is it ethical or okay for state employees to use ChatGPT to write a proposal or write a report?” Hansen asked. “Or is it okay for vendors for the state of West Virginia to do that? Are there states that are regulating that? And if so, where’s the line?”

“I think this body would have to think about what makes sense for them,” Kwartler said.

Earlier this year, the West Virginia Legislature passed House Bill 3214. The law creates a pilot program that will collect data on the health of state roads using AI.

NUCOR And State Legislative Interims On This West Virginia Morning

On this West Virginia Morning, we have an update on the NUCOR steel plant in Mason County and reports from May interims of the West Virginia Legislature.

On this West Virginia Morning, we have an update on the NUCOR steel plant in Mason County and reports from May interims of the West Virginia Legislature.

The NUCOR steel plant in Mason County is expected to be an economic driver for the entire region. Eric Douglas has more.

Lawmakers heard from the office of West Virginia’s Foster Care Ombudsman during Monday’s interim session. Emily Rice has more.

Lawmakers received an update Sunday on an initiative that brings retired personnel back into schools with a shortage of staff. Shepherd Snyder has more.

Legislators are starting to prepare for the implementation of the state’s new early childhood literacy requirements. Chris Schulz has more.

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 Concord University and Shepherd University.

Caroline MacGregor is our assistant news director and produced this episode.

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

Efforts To Bring Retired Teachers Back Sees Some Success, But Many Positions Still Unfilled

Lawmakers received an update Sunday on an initiative that brings retired personnel back into schools to relieve staff shortages.

Lawmakers received an update Sunday on an initiative that brings retired personnel back into schools to relieve staff shortages.

Deputy State Superintendent Michele Blatt gave the Joint Committee on Pensions and Retirement an update on the logistics of the program, and how many teachers have come back as long-term substitutes to address “critical need and shortage areas.”

“We’re basically looking at any teacher that desires to work more than 140 days in a fiscal year, [and there’s] a process that code explains has to take place in order for that to happen,” Blatt said.

For a retired teacher to receive critical need status for any given position, there cannot be any existing teacher or applicant locally that is already fully certified for the position, per state code.

Blatt said 248 requests were submitted this school year for retirees to come back and teach as long-term substitutes. The majority of requests received were in special education and elementary education. That accounts for about 20 percent of the current vacancies.

Out of West Virginia’s 55 counties, 45 submitted policies to the state Board of Education this year outlining areas of critical need. That includes positions at the state’s Schools for Diversion and Transition and Schools for the Deaf and Blind. There are currently more than 1,200 vacancies for fully certified teachers statewide.

House Bill 2346 was also passed last session, which similarly addresses the statewide bus driver shortage. That piece of legislation goes into effect July 1.

According to state code, the current legislation that allows retired personnel to be brought in as long-term substitute teachers, speech pathologists, school nurses and school counselors, expires June 30, 2025.

Clarity Provided On Foster Care Ombudsmen

Pamela Woodman-Kaehler, office director of the Foster Care Ombudsman, gave a presentation and answered questions about West Virginia’s Foster Care Ombudsman’s purposes and functions.

Lawmakers heard from the office of West Virginia’s Foster Care Ombudsman Monday during a Joint Standing Committee on Government Organization.

Pamela Woodman-Kaehler, office director of the Foster Care Ombudsman, gave a presentation and answered questions about West Virginia’s Foster Care Ombudsman’s purposes and functions.

“The foster care ombudsman investigates and resolves complaints that basically relate to the child welfare system,” Woodman-Kaehler said. “If there is an action or inaction or decision of any state agency that is involved with the foster care population, it is typically within our jurisdiction to help our public with that issue.”

Established by the West Virginia Legislature in 2019, the West Virginia foster care ombudsman’s team has received a total of 1,834 complaints. Woodman-Kaehler could not comment on which claims have been substantiated. There are currently 6,262 children in West Virginia state care.

“And we talked to hundreds and thousands of people, overall in meetings, and panels with relationships to investigating complaints, and helping people,” Woodman-Kaehler said. “A very important part of what we do is we substantiate or validate complaints that are validatable that come to our office, and we keep track of complaint validity by topic and by county and we are working hard to attempt to map that.”

Del. Kayla Young, D-Kanawha, asked Woodman-Kaehler about the number of complaints and some issues surrounding vouchers not being accepted at certain stores. She said the department issued a variety of different changes.

“I stayed on top of those changes and how they were being implemented with leadership,” she said. “If there are complaints about vouchers only being accepted at a particular store, I would suspect it’s a communication error on the part of a well-intended, but inaccurate employee sharing information.”

Woodman-Kaehler reported that more than 10 people work in the foster care ombudsman’s unit, and due to anonymity procedures couldn’t elaborate further.

Del. Mike Pushkin, D-Kanawha, asked Woodman-Kaehler if her office has enough staff, given nationwide workforce shortages. 

“Our workforce is positioned all over the state, we are not Charleston-centric, we are throughout the state so that we can have that presence wherever we may be needed,” she said.

Woodman-Kaehler also said the office of the foster care ombudsman’s budget is $979,000, and as of the fiscal year to-date the office has spent just under $600,000 of that sum.

Marshall University Hosting Legislative Interim Committee Meetings

The May installment of 2023 legislative interim committee meetings will take place on Marshall’s Huntington campus beginning on Sunday.

The May installment of 2023 legislative interim committee meetings will take place on Marshall’s Huntington campus beginning on Sunday. 

Sara Payne Scarboro, Marshall’s associate vice president of Government Relations, said the university welcomes the opportunity to showcase its campus and local community partnerships.

“We will highlight the wonderful things and growth going on in the city, county and here at Marshall,” Scarboro said. “Our good friends up north at WVU, they had the opportunity to host the legislature last year. Now it’s Marshall’s turn, and we are eager to make them welcome.”

Several meeting agendas highlight Marshall programs including health care, cybersecurity and aviation. Scarboro said meeting topics, including presentations from Huntington and Cabell County leaders, are all part of an economic development focus.

“All roads lead to economic development and job creation and keeping our talent in the Mountain State,” Scarboro said. “We wanted to have an opportunity to tell that story, how Marshall University is leaning in to help our state lawmakers create jobs, keep jobs and keep our students here in West Virginia.”

Scarboro said planned lawmaker field trips during interims include visits to The Keith-Albee Performing Arts Center and the Nucor steel plant site in nearby Mason County.  

“We’re going to go to Nucor on a site visit to talk with industry leadership, we’re going to examine Route 2, and how infrastructure is important to further develop that venue and that road setting for future business development.”

Scarboro said she hopes lawmakers leave Huntington with an understanding that Marshall is an economic development partner to the state, with a seat at the table.

Interims run Sunday, Monday and Tuesday. Click here for a listing of meeting times and agendas.

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