Day 56: Gov. Justice signs the DHHR split
And we are definitely in the homestretch.
Good morning and welcome back to 60 Days.
Today is Tuesday, March 7th — the 56th day of the West Virginia Legislature’s regular session.
I just realized, 56 DAYS IN, that we’ve been saying “welcome back” most — if not every — morning. Of course, that seems presumptuous.
In case you’re new here, we’ve got less than a week to go until the legislative session wraps up. Each morning, Giles and I make some silly plea for donations via “Buy Me A Coffee.” Then, we roll together a preview of the day ahead and sprinkle in some other news from around the statehouse.
You could look back at our archive to get an idea of what we’ve been up to. But the pace of a legislative session is such that everything you would read leading up to now is potentially dated, effectively useless or simply old news. So, if you go that route, proceed with the caveat that you should read every post — from Day 1 until now — to have it make sense.
If you’re a dedicated 60 Days subscriber and coffee donator, you already know all of this stuff. Either way, welcome. Send a coffee or two our way and let’s all get up to speed and moving for the day.
But one last quick thing before we dive in this morning: Given that we can see analytics and such, we’d like to say thanks to the 140-some subscribers who’ve donated to our little project. To the 560-plus of you who haven’t, there’s still time for redemption. It’s just a few clicks away:
Lawmakers on both sides of the Capitol will gavel in at 11:00 a.m.
The Senate floor calendar can be found here.
At the passage stage today, the following bill seems noteworthy. We’ll touch on it a bit more later:
Eng. Com. Sub. for H. B. 2917 - Relating to allowing retired state employees who meet the minimum qualifications necessary, to render post-retirement employment with the Department of Health and Human Resources - (With right to amend)
The House of Delegates also has a full docket, which can be found on the House Special Calendar.
Of course, it’s not just the floor sessions that are important — even at this stage in the session. Committees are also hard at work fine tuning legislation before sending things off to the floors of their respective chambers to consider.
The Senate Committee schedule for today will goes like this:
9 a.m. — Government Organization (208W)
HB 3189: The PFAS Protection Act
HB 2865: To clarify that the PSC may enter an order requiring corrective measures up to and including an acquisition of a distressed or failing utility
HB 3443: Relating to a development or improvement on land subject to review by the State Historic Preservation Office
HB 3451: Updating the veteran preference ratings in state code for state employment
HB 3092: Relating to in-state food service permit reciprocity
HB 3354: To authorize municipalities to combine operations with other municipalities and counties to provide governmental services
HB 2955: Relating to the establishment and operation of regional water, wastewater and stormwater authorities
HB 3313: Restraining county commissions from imposing rules and regulations on farmers beyond what is already prescribed through state statute
HB 3130: Creating the Coalfields Energy Research and Economic Development Authority
HB 2515: Require agencies to develop and maintain an inventory of available services for single parents wanting to obtain degrees, secure training or reenter the workforce
HB 3203: Relating generally to West Virginia Real Estate License Act
HB 2768: To require all state entities and Chapter 30 boards to use “.gov” domains and e-mail addresses
9 a.m. — Education (451M)
HB 2890: Modifying student discipline
HB 2989: Relating to increasing the number of out- of-state medical students receiving in-state tuition rates who agree to practice for a specific time within West Virginia.
HB 3224: Adding West Virginia Junior College to the list of eligible institutions that accept PROMISE scholarship recipients
HB 3369: Creating a School Safety Unit within the Division of Protective Services
HB 3417: Including Potomac State College in the definition of community and technical college education program for participation in the “Learn and Earn Program”
HB 3441: Revising the training requirements for members of the Higher Education Policy Commission, Council for Community and Technical College Education and the institutional governing boards
HB 3555: Relating to student purchase and refunds of course material
HB 3035: Relating generally to high-quality education programs and school operations
1 p.m. — Energy, Industry and Mining (208W)
Eng. Com. Sub. for HB 2814: To create a Hydrogen power task force
1 p.m. — Health and Human Resources (451M)
HB 2016: Relating to confidential childcare records
HB 3191: Relating to certain facilities operated by the state government to obtain a license
HB 3077: Relating to making the use of the multi-state real time tracking system permanent
HB 3306: Relating to the organizational structure of the Office of Drug Control Policy
Originating Resolution 1: Direct Care Workforce Benefit Cliff Study
3 p.m. — Judiciary (208W)
HB 3432: Relating to statutory construction
HB 3270: To amend the deliberate intent statute to limit noneconomic damages to $500,000
HB 3360: Creating an office of the Inspector General within the Department of Homeland Security
HB 3147: To create the Upper Ohio Valley Trail Network
HB 3439: To limit the civil liability of child placing agencies that obtain an insurance policy in an amount not less than $1 million per incident
HB 2939: Relating to filing of lien by municipalities for collection of refuse fees
HB 3166: To permit a hospital to hold a patient experiencing a psychiatric emergency for up to 72 hours
HB 2436: Relating to the implementation of an acuity-based patient classification system
3 p.m. — Finance (451M)
Com. Sub. for HB 2821: Relating to taxation of gambling and lottery winnings
Com. Sub. for HB 3110: Relating to funding the Office of Oil and Gas in the Department of Environmental Protection
Com. Sub. for HB 3332: Creating judicial circuits and assigning the number of circuit judges in each circuit to be elected in the 2024 election
Com. Sub. for HB 2346: Declaring a shortage of qualified bus operators and allowing retired bus operators to accept employment
Com. Sub. for HB 3168: Ensuring investment in WV Tourism is competitive with other states and accessible long term
Com. Sub. for HB 3084: Relating to revising provisions related to public charter schools
And the House committee schedule will be as follows (click on the link on the committee’s name for an agenda, if available):
9:00 a.m. — Committee on the Judiciary - Room 410 - M
9:00 a.m. — Committee on Education - Room 432 - M
9:00 a.m. — Committee on Government Organization - Room 215 - E
10:45 a.m. — Committee on Rules - Behind Chamber
2:00 p.m. — Technology and Infrastructure - Room 432-M
2:00 p.m. — Committee on Energy and Manufacturing - Room 410-M
3:00 p.m. — Committee on Finance - Room 460 - M
The West Virginia Department of Health and Human Resources will soon be three separate agencies with three separate cabinet-level secretaries. Gov. Jim Justice signed HB 2006 over the weekend.
After being roiled for years with high staff turnover, accusations of inefficiencies and — more recently — allegations of abuse against patients at state-run facilities, DHHR had come under increasing scrutiny from the Legislature.
Last year, Gov. Justice vetoed a bill that would have split the department in two. This year, despite the state spending $1 million on an audit from the McCrystal Group that called for the department to remain intact, Justice signed off on the split.
Under the new law, the three new departments — the Department of Human Services, the Department of Health, and the Department of Health Facilities — will be established at the beginning of next year.
Upon news of Gov. Justice signing in the measure, the interim secretary of DHHR as we know it now, Dr. Jeffrey H. Coben, issued a statement.
“With the Governor’s signature on House Bill 2006, the West Virginia Department of Health and Human Resources is ready to implement and uphold the intent of the West Virginia Legislature,” Coben said. “Under the direction of Governor Justice, we will work to ensure a seamless transition to a new organizational structure over the course of this next year. DHHR leadership and our dedicated staff look forward to working with all stakeholders to optimize the functions and services we provide to West Virginians.”
Gov. Justice recently let another bill go into law without signing or vetoing the measure. SB 128 would reel in a governor’s emergency powers by limiting the length of a state of emergency to 60 days — at which point, the Legislature could end or extend such a declaration. The idea first sprung up in 2021, roughly a year into the coronavirus pandemic, but is just now becoming law.
You can find how Gov. Justice has responded to other bills sent to him by going to this link and using the drop-down menus.
In an attempt to get you on with the rest of your day (and also because I am writing this as I come off four straight overnights of producing newscasts and am still in a fog), here’s a look at other news from yesterday that came through the 60 Days news aggregator:
Delegates address ‘In God We Trust,’ student transfers and early childhood education | WVMetroNews
WV House includes ban on ATV trail systems within state parks and forests in bill on verge of passage | The Charleston Gazette-Mail (paywall)
WV Senate send bill to governor that would require state to find way to dispose of firefighting foam linked to PFAS pollution | The Charleston Gazette-Mail (paywall)
Lawmakers Classify Unborn Child As Distinct Victim In DUI Causing Death | West Virginia Public Broadcasting
3 more Republican states announce they're leaving a key voting data partnership | NPR
Docs: Trump urged Fox News owner to order attacks on Blankenship | E&ENews
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You can find me on Twitter at @davemistich. Giles is @GilesSnyder.