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CHARLESTON - Gov. Jim Justice took out his veto pen Wednesday afternoon on a handful of bills passed during the 2022 legislative session, including a bill splitting the Department of Health and Human Resources in two and this year’s broadband bill.
In a press release Wednesday afternoon, Justice announced he vetoed House Bill 4020, reorganizing the Department of Health and Human Resources; House Bill 4001, relating to broadband; Senate Bill 573, providing a system where magistrates can preside in certain instances outside normal court hours; and House Bill 2300, including family court judges in the Judges’ Retirement System.
HB 4020 would have separated the Department of Health and Human Resources into two departments: the Department of Health and the Department of Human Resources. In his veto message, Justice said the bill didn’t address the complexity of splitting the state’s largest department which manages an immense amount of federal and state funding.
“There have been issues … within DHHR for decades, and some of those issues are likely the result of the sheer size and diverse scope of the agency,” Justice wrote. “The bill intends in just eight pages and by amending just two sections of Code, however, to divide this complex organization that manages over $7 billion dollars of state and federal funds and employs thousands of individuals across the state.”
Justice said he intends to begin a top-down review of DHHR to best identify how to reform the department. A 2013 study commissioned by former governor Earl Ray Tomblin recommended splitting the department into two.
“We will work to develop a plan to address any and all problems, which may very well require a full reorganization of the agency,” Justice said in a statement. “But we will do so in an effective and efficient way, so we can make sure there is no lapse in any vital support or services for the West Virginians who rely on the DHHR.”
HB 4001 created a number of funds that can be used for extending fiber lines, broadband expansion projects, expanding wireless projects, GigReady incentive projects, and more. The bill required mapping of underground disturbances of rights of way for consideration of fiber line installation.
The bill also included a number of consumer protections, such as requirements for credits to customers who have service interruptions exceeding 24 hours, requirements for 30-day’s notice to customers of changes to service and requirements for written notice to customers that any unresolved issues can be filed as a complaint with the Attorney General’s Consumer Protection Division.
In his veto letter, Justice said that limitations in the bill for rate and billing regulations would make the bill conflict with the Federal Communications Act and FCC regulations.
“Although I fully support the intent of this legislation and have worked tremendously to expand broadband access across the state, this bill contains fatal flaws and provisions which are prohibited by federal law,” Justice wrote. “If this law were to become effective, the bill would be subject to a federal court injunction, potentially delaying deployment of vital broadband throughout the state.”
According to Justice, multiple internet service providers, the state’s Office of Broadband and Broadband Enhancement Council, and local government officials raises concerns about the bill. Justice said he hopes stakeholders can come together and come to an agreement of a new bill in time for legislative interim meetings scheduled Sunday, April 24, through Tuesday, April 26, when Justice intends to call a special session to address flaws in a bill he vetoed Tuesday.
SB 573 would have allowed the West Virginia Supreme Court of Appeals to create a system that would have allowed magistrates to rule in cases outside the county they were elected in, similar to the circuit court system. The bill was an attempt to address workload issues and to provide assistance to counties who are lacking a magistrate.
“I support this concept as it would work to increase efficiency in the magistrate court system throughout the state,” Justice wrote in his veto letter. “Unfortunately, there is a code conflict between the provisions of this bill and provisions of … House Bill 2910, which latter bill is needed to create a more balanced magistrate system and provide a more feasible caseload for magistrates throughout the state.”
Justice also vetoed HB 2300 due to a conflict with State Code and previous legislation that brings the state’s various retirement plans into compliance with federal law.
Wednesday’s veto messages bring the number of vetoes for bills passed during the 60-day session that ended March 12 to five. Justice also used his line item veto on SB 250, the budget bill, removing a provision that would have sent surplus tax dollars to a fund designed to cushion future tax cuts. Of the 293 bills that the legislature passed, Justice has signed 183 as of Wednesday.