TikTok Ban, Natural Gas Power And More Pass Senate

The Senate passed several bills Wednesday, including one designed to ban TikTok from government devices.

With Sen. Charles Trump, R-Morgan, presiding, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices.

Sen. Ryan Weld, R-Brook, made it clear on the floor that the bill, which originated from the executive, had one particular app in mind.

“This bill comes to us as a result of, I’m sure a lot of you are familiar with discussions regarding TikTok,” Weld said. “TikTok, as we all know, is the very popular social media platform, video sharing platform, that is owned by a Chinese tech conglomerate, ByteDance. It has been in the news recently, the federal government enacted a ban of TikTok on all of its systems due to privacy concerns, concerns that the app collects much more data than is needed for its intended purpose.”

An amendment to the bill introduced and passed on the Senate floor Tuesday would create exceptions for law enforcement purposes.

Also passed on third reading Wednesday were:

  • Senate Bill 188, the Grid Stabilization and Security Act of 2023, would encourage the development and implementation of natural gas electric generation projects. Sen. Laura Chapman, R-Ohio, Sen. Randy Smith, R-Tucker, and Sen. Rupie Phillips, R-Logan, voted against the bill.
  • Senate Bill 240 would require state board of examination or registration proceedings to be open to public inspection

These three bills now go to the House of Delegates for their consideration.

The Senate also took action on Senate Bill 128, amending the House amendment to the bill and passing the bill, with Sen. Smith voting against. The bill, which implements limitations on the governor or legislature’s ability to declare a state of emergency, now awaits the Senate’s request that the House concur on today’s changes. 

To The Executive

The Senate also completed legislative action on three bills, including: 

  • House Bill 2506. The bill allows the Department of Motor Vehicles to take advantage of modern advances in secure digital titles for property to create a title clearinghouse to produce titles for nonresidential businesses.

Constitutional rules were suspended to pass the bill the same day it was introduced.

  • House Bill 2029 repeals  the creation of an all-payer claims database by removing the original authority provided to the Department of Health and Human Resources.
  • House Bill 2018 permits the managed care case coordinator to attend the multidisciplinary team meeting. Under West Virginia code, a multidisciplinary team must be convened within thirty days of the initiation of a judicial proceeding to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families.  
  • Senate Bill 132 clarifies the criminal offense of harassment to include stalking as a form of harassment.

Gov. Jim Justice Talks Budget And Taxes

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

Also, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices. One example that has been at the forefront of this debate is the popular app TikTok.

And the Senate Finance Committee spent an hour Tuesday on the budget for the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails.

Finally, a bill concerning the authority of the Foster Care Ombudsman passed the House of Delegates unanimously.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Retirement, Trails, Schools And Hunger: Senate Keeps Pace, Passes 10 More Bills

The Senate did not slow down Tuesday, passing another 10 bills ranging on topics from energy to education and public employee retirement.

The Senate did not slow down Tuesday, passing another 10 bills ranging on topics from energy to education and public employee retirement.

Senate Bill 160 would establish the West Virginia Rail Trails Program to acquire and develop abandoned railroad rights-of-way for interim use as public, non-motorized recreational trails.

Senate Bill 166 increases the amount retired public employees can earn in a year without suspending their retirement annuity. Sen. Eric Nelson, R-Kanawha, said the amount will need to be reviewed every five years, and does not impact the state’s other retirement funds.

“This bill will raise the minimum amount up to $25,000, which in essence reflects half or the average salary that employees in PERS system are currently earning,” Nelson said. “The bill only affects retirements in the Public Employees Retirement System. It does not have any effect on employees working part-time there in the Teachers Retirement System.”

Lawmakers have discussed encouraging retirees to return to work to help shore up some of the state’s labor shortfalls. The bill passed unanimously without debate.

Three bills originating from the Senate Education Committee also passed, including:

  • Senate Bill 428 which would create new requirements for local school improvement councils, including the publication of meeting minutes. 

Senate Bill 306, establishes the Summer Feeding for All Program to study statewide efforts to feed students when they are out of school. Sen. Mike Woelfel, D-Cabell, stood in support of the bill. 

“Childhood hunger is very real in America and it’s certainly very real in West Virginia,” he said. “There will be an opportunity for each county to learn from different counties and ensure that there are no pockets of hunger for children during the summer. It’s just a comprehensive plan instead of our hodgepodge that we’ve had in the past and I appreciate it.” 

Senate Bill 306 was the only bill that did not pass unanimously Tuesday. Sen. Robert Karnes, R-Randolph, was the sole dissenting vote.

Three other bills all originated on request of the state’s Tax Commissioner, including:  

  • Senate Bill 443, which shifts estate administration fees from the Tax Commissioner to the State Auditor. 
  • Senate Bill 446, to remove methanol and methanol fuel from definition of special fuel to reduce costs in industrial use.

Most notably among the three, Senate Bill 444 closes the West Virginia Future Fund. Sen. Eric Tarr, R-Putnam, chair of the Senate Finance Committee, said legislation passed last year made it impossible to deposit money in the fund.

“Some years ago the legislature created the Future Fund, which had the purpose of saving the anticipated revenue stream for the marcellus shale,” Tarr said. “This bill eliminates the fund and transfers over existing funds to general revenue. And just as an aside, in committee we also found that we couldn’t find any funds within this fund. So, it’s defunct.”

The Senate also passed Senate Bill 249 to change requirements for the state Real Estate License and Senate Bill 335 to authorize 11 legislative rules from the  Department of Homeland Security.

All 10 bills now go to the House of Delegates for their consideration.

On Second Reading

Sen. Charles Trump, R-Morgan, presented an amendment to Senate Bill 426, colloquially known as the “TikTok Ban” bill.

The amendment mandates the state’s Chief Information Security Officer develop standards for, “high risk technology platforms, services, applications, programs or products” that would include exceptions for, “legitimate law enforcement or national security purposes.”

The bill is expected to be on third reading Wednesday, Feb. 1.

Justice Shares COVID-19 Update And Intentions To Ban Chinese Apps

Gov. Jim Justice reacted quickly to a letter requesting the ban of two social media apps from government devices.

Gov. Jim Justice reacted quickly to a letter requesting the ban of two social media apps from government devices.

During a COVID-19 press conference Tuesday morning, Justice announced he plans to submit a bill during the upcoming legislative session to ban all apps owned by the Chinese government from the state government.

“It’s important to keep in mind that TikTok is hardly the only threat that’s out there and millions and millions of cyber events are happening all the time and targeting all kinds of different states and everything,” Justice said.

Sen. Ryan Weld, R-Brooke, sent a letter to Justice Monday requesting a ban on downloading the Chinese-owned TikTok and WeChat apps to all state-issued cell phones, laptops and other devices.

Justice said his office has already banned the apps, but other state offices have not taken the same action.

State Chief Information Officer Josh Spence praised the move to ensure the state’s tech security in an ever-changing threat landscape.

“Taking it to the next step is the right move to ensure that as a state we move together and move forward to address this threat,” he said.

COVID-19 Update

Justice and state Coronavirus Czar Dr. Clay Marsh also discussed the impact of rising cases across the state.

As temperatures continue to drop, the state’s COVID-19 hospitalizations have continued to rise. There were 225 confirmed COVID-19 hospitalizations across the state Tuesday, the highest number since September.

“I also want to take just a second to wish everybody happy holidays and please be careful as we’re seeing not only COVID circulate and increased hospitalizations, but also influenza and RSV is still an issue as well,” Marsh said.

Banning TikTok App From State Issued Cell Phones Underway

West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

This is a developing story and may be updated.

This story was updated Dec 19, 2022 at 3:34 p.m.

Citing concerns over a possible cybersecurity breach, West Virginia Sen. Ryan Weld, R-Brooke, sent a letter to Gov. Jim Justice, requesting a ban on downloading the Chinese-owned TikTok and WeChat apps to all state issued cell phones, laptops and other devices.

Before any word from Justice, State Auditor J.B. McCuskey, working with Weld, has issued his own departmental TikTok ban.

“That’s due to the fact that there are a significant amount of security concerns as a result of the companies that own those two apps,” Weld said. “Those two companies are owned by extremely large Chinese tech firms and there have been some concerns regarding the security of information collected by those apps.”

Weld, who is the chair of the Senate Military Committee and former Air Force intelligence officer, said the sites pose a threat of a cyber attack on both the nation and the state.

“Under Chinese law, the government has the authority to demand that those two companies give to them all the data that they’ve collected through the people that download and use those apps on their phones or tablets, whatever,” Weld said.

In a press release issued just after noon Monday, McKuskey mandated a TikTok ban on state government devices and all computer networks associated with the Auditor’s Office. The ban includes government issued devices used by WV Oasis, which is the central repository for all the state’s financial data, including payroll, and devices within the many departments of the State Auditor’s Office.

McKuskey said in the release that the Auditor’s Office functions as the chief information officer for the state. He said this move will serve to protect the state’s core financial infrastructure from intrusion by those who wish to harm us.

“I am so thankful to work with Senator Weld on this incredibly important initiative,” McCuskey said. “We have seen the threat that China and its government poses to our critical infrastructure and this move is a proactive approach to protect the taxpayers of West Virginia.”

In the release, McCuskey also said that he and Weld are preparing legislation that prohibits nations of concern from acquiring property through the West Virginia property tax sale process. He said there have already been instances where countries from this list, which includes Russia, China and North Korea, are harming American interests through this process.

Weld said 16 states and several federal agencies have already enacted a TikTok ban.

“A ban for the same federal level cell phones and other devices passed the U.S. Senate last week,” Weld said. “A number of federal agencies, the Department of State Department of Defense, Department of Homeland Security, as well as several federal contractors like Lockheed Martin, they’ve already banned their employees from having those apps on their phones.”

The federal TikTok phone ban has been supported by both the Trump and Biden administrations. Weld said the TikTok app has been downloaded more than 100 million times in the United States. There was no mention on the West Virginia level of banning TikTok on any private cell phones, laptops or other devices.

Late Monday afternoon, the Governor’s office responded to Weld’s request with this statement:
“The Governor understands and shares Senator Weld’s concerns as they relate to our state’s cybersecurity resiliency, and especially his concern of foreign influence. The good news is there are policies and procedures already in place which are designed to protect our state networks from cyber threats related to Chinese-owned TikTok and related apps. Josh Spence, our Chief Information Officer, and his team constantly monitor and implement cybersecurity policies and technical controls to mitigate cyber risk, protecting government-owned devices and the network as a whole. TikTok has already been blocked on state networks for many months, and the use of additional security controls further mitigates the risk. The Governor has confidence in his cybersecurity team to protect our state networks from cyber threats and to communicate best practices to cybersecurity teams across other branches of state and local government. It’s important to keep in mind that TikTok is hardly the only threat—there are millions of cyber events targeting the state from all over the world thwarted each year by our cybersecurity team.”

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