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Legislature Wraps Up Special Session

Nearly Three Dozen Bills Passed in House

By STEVEN ALLEN ADAMS For The Intelligencer 7 min read

CHARLESTON -- The West Virginia House of Delegates did most of the heavy lifting Tuesday as the Legislature passed nearly three-dozen bills in a three-day special session called Sunday by Gov. Jim Justice.

Lawmakers passed 35 out of 44 bills introduced Sunday on Justice's special session proclamation, with the House gaveling in around noon Tuesday and pushing through the vast majority of bills still up for consideration.

Lawmakers passed bills Tuesday providing higher starting pay for correctional officers, a one-time bonus for non-uniformed support staff in the jails and prisons, bills to help keep non-violent offenders from adding to jail overcrowding, additional funding for volunteer fire departments, more money for highway paving projects and multiple other supplemental appropriations taking advantage of more than $451 million in remaining surplus tax revenue left over after the end of the previous fiscal year in June.

Senate Bill 1005 would provide $21.1 million to increase the starting pay and change pay scales for correctional officers in the state's system of 11 prisons, 10 regional jails, 10 juvenile centers and three work-release sites. Two bills -- Senate Bills 1003 and 1004 -- would provide nearly $6 million for one-time bonuses for support staff in the correctional system beginning in October.

While lawmakers were supportive, several said more needs to be done for correctional support staff in the next legislative session.

"These are the people who have been carrying the water for us since last August when this agency was placed into a state of emergency," said Delegate Eric Brooks, R-Raleigh. "This bill does, in a small way, recognize not only the work of the non-uniformed staff, but the sacrifices they've been making during this prolonged state of emergency. This bonus ... and a pledge to make it a permanent pay raise in the next regular session, will do much to improve the morale within the agency and help us to retain our senior employees and staff."

The House passed Senate Bill 1006, expanding upon a temporary photo identification program for those being released for incarceration. The bill extended the expiration date from 90 to 180 days and ensures the program is at no cost to the inmate being released.

"Passage of this will help reduce recidivism of inmates," said Delegate Larry Kump, R-Berkeley. "Many times, when inmates are released from prison, he or she has no identification, no means to procure employment and other things. This extension of identification cards for inmates really helps them get on their feet, provide themselves some employment and keeps them out of jail."

The program has been in place since 2019, but some saw the bill as a backdoor way to provide IDs to undocumented migrants in the state's correctional system.

"Looking through this, it became apparent to me that an individual incarcerated for a period of time and at the end of their term could be issued an ID card without any other supporting documents behind that," said Delegate Henry Dillon, R-Wayne. "I ask today, what sort of individual would not have supporting documents to be able to go to a DMV like the rest of us do and get their driver's license?"

Other correctional bills passed Tuesday include Senate Bill 1007, requiring large municipalities to reimburse counties for up to five days of regional jail per diem fees; Senate Bill 1009, prohibiting use of state funds for medical procedures or benefits that are not medically necessary as determined by the Division of Corrections and Rehabilitation and on the advice of medical professionals; and Senate Bill 1010, authorizing the state Supreme Court of Appeals to develop pretrial release programs in all circuits of the state for non-violent misdemeanors and to develop an electronic court date reminder system .

Senate Bills 1021 and 1022 set up three pots of money for volunteer fire departments. Two new revenue funds, administered by the Department of Homeland Security for county commissioners, would provide $3 million for counties with excess levies or fees. The other would provide $3 million in funding to counties based on population. And $6 million would be available for all county volunteer fire departments.

The volunteer fire department supplemental appropriations are one-time funding, but a change made by the Senate would require the funding to be continued in next year's fiscal year 2024 general revenue budget. Senate Finance Committee Chairman Eric Tarr, R-Putnam, said it is the goal of the Legislature to include additional recurring funding in future state budgets.

"As the governor introduces a budget in fiscal year 2025, we should see this as a line item in that budget going forward," Tarr said. "It is the intent of this body to make sure this is part of the base budget within West Virginia so that it is ongoing funding for these services."

Debate over the Senate changes to the volunteer fire department funding wrapped up after at 9 p.m. Tuesday, with the House voting to concur with the Senate changes in a 69-5 vote.

Senate Bill 1026 would provide $150 million to the Division of Highways for road paving projects across the state. House Technology and Infrastructure Committee Chairman Daniel Linville, R-Cabell, said the funding would allow the state to advance four years of road paving work into the current fiscal year.

"Should these funds not be approved for the Division of Highways, we would not be able to be as aggressive to get all of the projects completed," Linville said. "In return, we are committed to ensure the funds are utilized in a way that improves our highways for the traveling public."

Some of the approved supplemental appropriations include: $25 million for the Economic Development Fund for use in building a hangar in Harrison County for the Pierpont Community and Technical College airplane mechanic program; $2 million for continued upgrades to state technology infrastructure; and $125 million for the second half of funding toward a consolidated state laboratory.

Other funding includes $4 million for wildfire fighting equipment for the Division of Forestry, $4 million for the Division of Culture and History, $1 million for 120 new beds at the state veterans nursing home, $2.5 million for the Mountaineer ChalleNGe Academy, $1 million for security equipment and upgrades for the West Virginia State Police Academy and $85 million for the Governor's Civil Contingency Fund.

One of the last debates of the night in the House was on House Bill 117, a bill to provide $45 million for Marshall University's new cybersecurity program and a physical building for the four-year program.

"I don't know about you, but I want to move our state into the 21st century," said Deputy House Speaker Matthew Rohrbach, R-Cabell. "I for one have all faith and confidence in the world in our students' ability to compete on a global stage if we give them the tools to compete."

"This is the wave, and we're going to get on it," said House Minority Leader Pro Tempore Sean Hornbuckle, D-Cabell. "We're going to get other companies to come here because of all the talent that's being groomed here. ... We will be the east coast hub for cybersecurity. This is huge. These are the things we have to do to go forward."

"Frankly, we don't need to be telling these kids you've got to go to a four-year degree and get yourself in serious debt to get a job," said Delegate Bill Ridenour, R-Jefferson. "I would argue we don't really need what we're saying we need here."

Other bills passed Tuesday include technical fixes for some bills passed earlier this year, changes to funding in the school aid formula, giving the Department of Environmental Protection jurisdiction over low-level radioactive waste, allowing residents who paid the first half of their vehicle tangible personal property taxes to still claim the tax rebate passed earlier this year and a bill to create Summersville Lake State Park in Nicholas County.

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