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West Virginia Legislature to hold special session today; floor sessions to begin at noon

Democrats note several items not being addressed this special session

CHARLESTON, W.VA. — West Virginia Governor Jim Justice has called an extraordinary session of the state legislature today, with proceeding starting at noon at the State Capitol.

Last month, Gov. Justice announced that he would call a Special Session, coinciding with April Legislative Interim Meetings, to give the Legislature the opportunity to address bills from the Regular Session that were vetoed for purely technical reasons, among additional legislation.

Democrat minority leaders at the Legislature have expressed disappointment at the scope of the special session.

In an letter to Senate leadership, Sen. Stephen Baldwin, D-Greenbrier, said, “… I remain greatly disappointed that the legislature failed to pass the foster care bill during the regular session, nor address the numerous issues related to the foster care system. It is simply unacceptable that we did not pass any legislation during the session to improve our foster care system, and to repeat this error truly demonstrates our misplaced priorities.

Today at 9 a.m.,, Senate Democrats held a press conference focused on asking leadership to include items in this special session that are responsive to the real needs of West Virginians. Among these items were bills that had already passed at least one House during the regular session: funding volunteer fire departments, capping insulin prices, and addressing the foster care crisis. Additionally, Democrats continue their press for immediate gas tax relief and affordable, reliable broadband. Members will detail these real issues during Monday’s press conference.

Many had expected broadband to be a part of this special session, but that is not the case. Gov. Justice vetoed a bill generally relating to broadband, which was found to contain fatal flaws and provisions which are prohibited by federal law. In his veto message, the Governor said that he had directed the Department of Economic Development to work with Legislative leadership, the sponsors of this bill, and all interested and knowledgeable parties to revisit and perfect the legislation.

In his announcement for the special session, the Governor said that work is still ongoing and, as such, a revised version of this important legislation will be included in a future call, rather than the call for today.

STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston

Here is the proclamation from the Governor:
I, JIM JUSTICE, by virtue of the authority vested in the Governor by Section 7, Article
VII, of the Constitution of West Virginia, do hereby call the West Virginia Legislature to convene
in Extraordinary Session at 12:00 PM on Monday, April 25, 2022, in its chambers in the State
Capitol, the City of Charleston, for the limited purpose of considering and acting upon only the
following matters:

FIRST: To repeal §31-15-20 of the Code of West Virginia, 1931, as amended; to
amend and reenact§ 12-6C-11 of said code by striking the entirety of subsection (a) and inserting
therein a new subsection (g) to provide that, notwithstanding any other provision of the code to
the contrary, the West Virginia Economic Development Authority shall pay to the West Virginia
Board of Treasury Investments the entire outstanding balance of the revolving loan authorized by
this section within 30 days of the deposit of sufficient funds for such repayment in the Economic
Development Project Fund created in §31-15-23a of this code, and that, upon repayment of the
outstanding loan balance, the revolving loan authorized by this section shall terminate and no
additional loan moneys shall be made available to the West Virginia Economic Development
Authority pursuant to this section; to amend said code by adding thereto a new section, designated
§12-6C-l lb, to provide that (a) the West Virginia Board of Treasury Investments shall make
available to the Department of Transportation, subject to a liquidity determination, a revolving
loan of up to $200 million from the Consolidated Fund for the purposes authorized by this section,
and that the loan moneys requested and authorized pursuant to subsection (b) of this section shall
be deposited in a special revenue fund, to be known as the Infrastructure Investment
Reimbursement Fund, that (b) the Board of Treasury Investments shall make the loan moneys
authorized by this section available upon receipt of the following: (1) a written request by the
Secretary of the Department of Transportation that the board deposit a specific amount of loan
moneys, subject to the limitations provided in this section, into the Infrastructure Investment
Reimbursement Fund, (2) a written statement by the Secretary of the Department of Transportation
certifying that the department will use the loan moneys for expenditures meeting the requirements
of subsection (c) of this section, and (3) copies of any available docwnents demonstrating that the
planned expenditures of loan moneys meet the requirements of subsection (c) of this section,
including but not limited to any agreement or contract entered into by the Department of
Transportation and the federal government, that (c) the Secretary of the Department of
Transportation may authorize expenditures from the Infrastructure Investment Reimbursement
Fund that qualify for cost reimbursement according to an agreement with the federal government
pursuant to the Infrastructure Investment and Jobs Act, Public Law 117-58, 135 Stat. 443 (2021),
that (d) upon receiving moneys from the federal government to reimburse for expenditures as
authorized by subsection ( c) of this section from the Infrastructure Investment Reimbursement
Fund, the Secretary of the Department of Transportation shall immediately reimburse the
Infrastructure Investment Reimbursement Fund from said reimbursed moneys from the federal
government, that (e) any balance remaining in the fund at the end of each fiscal year shall be
transferred to the Consolidated Fund, and if, at any time during a fiscal year, the secretary
determines that the balance in the fund exceeds the amount required for expenditures authorized
in subsection (c) of this section, the secretary shall provide notice of said determination to the
Board of Treasury Investments and the excess balance of the fund shall be transferred to the
Consolidated Fund, that ( f) the secretary shall prepare and submit a quarterly report to the Joint
Committee on Government and Finance, the Board of Treasury Investments, and the Governor
which shall include, at a minimum: (1) the aggregate outstanding amount of the loan authorized
by this section and (2) for each project for which loan moneys were expended, the status of the
project, the estimated completion date of the project, the amount of loan moneys expended for the
project, the amount of federal reimbursement moneys received for the project, and the remaining
amount of federal reimbursement moneys projected to be received for the project, that (g) upon
request of the Board of Treasury Investments, the secretary shall provide the board with the
opportunity to inspect and copy any records in the custody of the Department related to any
transaction involving the Infrastructure Investment Reimbursement Fund, and records to be made
available pursuant to this subsection include, but are not limited to, accounting records, contracts
or agreements, audit reports, and transaction records, and that (h) the provisions of this section
shall cease to have effect after June 30, 2027, unless reauthorized by the West Virginia Legislature,
and the Secretary of the Department of Transportation must reimburse the Infrastructure
Investment Reimbursement Fund 100% of the amount of any expenditures from the Infrastructure
Investment Reimbursement Fund by such date; and to amend said code by adding thereto a new
section, designated §31-15-23a, to provide that (a) for the purposes of this section, the term “high
impact development project” means a project meeting the following criteria, according to a
resolution adopted by the authority: (I) the Governor has requested, in writing, that the project be
approved for financing by the authority in an amount of $50 million or greater, (2) the industrial
development agency or enterprise undertaking the project will privately invest an amount of $50
million or greater in the project, and (3) the project meets or exceeds the loan per job ratio criteria
for high-impact development projects that may be established, in consultation with the Secretary
of the Department of Economic Development, by the board of directors, that (b) there is hereby
created a special revenue fund in the State Treasury known as the Economic Development Project
Fund, and the fund shall consist of all moneys appropriated to the authority during the regular
session of the Legislature, 2022, from available revenue surplus funds, transfers from the Industrial
Development Loans fund, gifts, grants, contributions, any earnings or interest accruing to said
fund, and any other moneys appropriated to said fund by the Legislature, and the authority may
invest and reinvest moneys in the fund with the West Virginia Investment Management Board or
the Board of Treasury Investments, that ( c) the authority may transfer funds in the Industrial
Development Loans fund to the Economic Development Project Fund created by this section and
any loan repayments or other amounts that would otherwise have been paid into the Industrial
Development Loans fund may be paid into the Economic Development Project Fund created by
this section, that (d) in addition to any powers granted to the authority under any other section of
this code, the authority may finance any high impact development project under this section by
offering incentives for business formation or expansion to industrial development agencies or
enterprises in this state in the form of loans, grants, or other offers of financial assistance or aid
upon such terms as the Governor may request and the authority shall deem appropriate, that ( e)
the authority may use moneys in the Economic Development Project Fund to offer incentives for
business formation or expansion and provide assistance with site development or other concerns
to industrial development agencies or enterprises according to the requirements of this article,
provided, that a minimum of $200 million in the fund may only be used to finance high impact
development projects, that (f) the authority shall keep itemized records of all fund transactions and
agreements entered into in furtherance of Economic Development Project Fund expenditures, and
in administering the fund, the authority shall adopt appropriate accounting practices and internal
controls, including but not limited to, strict compliance with the requirements of §SA-8-9 of this
code, and fund transactions shall be subject to an annual audit by an independent firm of certified
public accountants, that (g) the authority shall prepare and submit to the Joint Committee on
Government and Finance and the Governor an annual report addressing the status of each project
with outstanding financing issued pursuant to this section, and the report shall, at a minimum,
provide project-specific data addressing: (1) the outstanding amount of authority financing for
each project, (2) the total amount of private investment in each project, (3) the number of jobs
created by each project since the project’s inception, and (4) the number of jobs maintained by
each project, and that (h) except for the records and audit required under subsection (f) of this
section and the annual reports required under subsection (g) of this section, any documentary
material, data, or other writing made or received by the authority relating to high impact
development projects under this section, shall be exempt from §29B-1-1 et seq. of this code:
provided, that any agreement or resolution entered into or signed by the authority which obligates
public funds for any high-impact development project shall be subject to inspection and copying
pursuant to §29B-1-1 et seq. of this code as of the date the agreement or resolution is entered into,
signed, or otherwise made public.

SECOND: To amend and reenact § 18B-1-1 f of the Code of West Virginia, 1931, as
amended, as contained in Chapter 149, Acts of the Legislature, Regular Session, 2022, and to
amend and reenact and § 188-1-2 of said code, relating to reclassifying Bluefield State College as
a statutorily exempt school.

THIRD: To amend and reenact §5-10-14 and §5-10-30 of the Code of West Virginia,
1931, as amended, all relating to service credit, retroactive provisions, and the refund of
accumulated contributions for certain members of the West Virginia Public Employees Retirement
System.

FOURTH: To amend and reenact §5-10-2 of the Code of West Virginia, 1931, as
amended, as contained in Chapter 256, Acts of the Legislature, Regular Session, 2022, and to
amend and reenact §5-10-24 of said code, all relating to the Public Employees Retirement System
to designate an irrevocable special needs trust as beneficiary; defining terms; and providing for
substitution of irrevocable special needs trust as beneficiary post retirement in certain
circumstances.

FIFTH: To amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §21A-10-23, relating to authorizing the Commissioner of Workforce
West Virginia to create an Unemployment Compensation Insurance Fraud Unit; establishing
training and experience requirements; specifying duties; granting certain authorities necessary to
conduct investigations into alleged unemployment insurance fraud; authorizing certain personnel
to operate a state vehicle and carry a firearm; establishing training requirements for carrying a
firearm; and exempting the Unemployment Compensation Fraud Unit from the requirements of
the Freedom of Information Act and the Open Government Proceedings Act, and creating certain
immunities for acts of an investigator employed by the unit.

SIXTH: To amend and reenact §5-6-l la of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-11-5 of said code; to amend and reenact §SA-8-15 of said code;
to amend and reenact §5B-2I-7 of said code; to amend and reenact §6C-3-l of said code; to amend
and reenact § 11-13J-4a of said code; to amend and reenact § 16-4C-5 of said code; to amend and
reenact §l 7-4A-3 of said code; to amend and reenact§ l 7-16A-3 of said code; to amend and reenact
§ 17-16C-4 of said code; to amend and reenact § 18-2-1.of said code; to amend and reenact § 18-11-
1 of said code; to amend and reenact § l 8B-1 B-2 of said code; to amend and reenact §22C-3-4 of
said code; to amend and reenact §29-21-3b of said code; to amend §29-22-4 of said code; to amend
and reenact §30-38-6 of said code; and to amend and reenact §30-42-4 of said code, all relating to
qualifications for members of boards, commissions, and other entities; reducing number of
members of board of directors of nonprofit corporation operating and maintaining Clay Center for
the Arts; revising qualifications for members of Human Rights Commission; establishing
qualifications for members of Records Management and Preservation Board; revising
qualifications for membership on Tourism Advisory Council; updating number of members of
Public Employees Grievance Board who may be appointed from each congressional district;
revising number of members of Neighborhood Investment Program Advisory Board from each
congressional district; revising mnnber of members of Emergency Medical Services Advisory
Council appointed from any one congressional district; revising membership of Complete Streets
Advisory Board; establishing number of appointed members of Parkways Authority and
recognizing reduction in number of congressional districts; establishing qualifications for
appointed members of Public Transit Advisory Council; revising qualifications for appointment to
West Virginia Board of Education; revising requirements for appointed members of Board of
Governors; altering composition of Higher Education Policy Commission; making technical
changes to qualifications for appointment to Solid Waste Management Board; modifying
membership of Indigent Defense Commission; providing for qualifications for appointment to
State Lottery Commission; revising qualifications for appointment to Real Estate Appraiser
Licensing and Certification Board; and revising qualifications for appointment to Contractor
Licensing Board.

SEVENTH: To amend and reenact §30-40-4 of the Code of West Virginia, 1931, as
amended, relating to West Virginia Real Estate License Act; amending definitions; permitting a
salesperson to designate an entity to receive compensation.

EIGHTH: To amend the Code ofWest Virginia, 1931, as amended, by adding thereto
a new section, designated §20-2-33c, relating to West Virginia University Rifle Team electronic
application donation program; including solicitation for voluntary donation to West Virginia
University Rifle Team on electronic application for hunting or fishing license; providing
opportunity to designate donation in any amount; creating special account; establishing funding
sources; specifying terms for expenditures; authorizing disbursements and administrative fee; and
requiring annual reports for two years.

NINTH: To amend and reenact §18-2-7f of the Code of West Virginia, 1931, as
amended, relating to establishing alternative educational opportunities for elective course credit;
requiring the state board to establish, develop, and maintain a program whereby students can earn
elective course credit for extended learning opportunities that take place outside of the traditional
classroom setting; specifying minimum entities eligible to provide extended learning opportunity
programs; requiring individuals or entities seeking certification as an eligible extended learning
opportunity program to successfully complete an application process; imposing requirements on
extended learning opportunity providers pertaining to compliance with applicable federal and state
health and safety laws and regulations, compliance with standards and safeguards provided by the
West Virginia Board of Education, background checks for key personnel or instructional staff, and
proof of insurance; addressing the denial of a program application; providing for monitoring,
evaluation, and inspection of approved programs; allowing extension of approval or
disqualification for violation of state law or state board policies; allowing appeal of
disqualification; requiring the county boards of education to adopt an alternative educational
opportunities policy that facilitates implementation and participation; requiring parental or legal
guardian approval for participation of student under 18; allowing students transferring schools to
request acceptance of elective course credits awarded for program completion; addressing
transportation to and from an approved program; allowing auditing of approved programs at any
time and disqualification for not meeting certain provisions; and requiring report to the Legislative
Oversight Commission on Education Accountability with respect to the implementation of
extended learning opportunity programs.

TENTH: To amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §20-2-5k relating to permitting the use of air rifles when hunting;
permitting a person use an air rifle to hunt when properly authorized to hunt under an existing
stamp; setting forth criteria for when an air rifle may be used to hunt game in this state; setting
caliber limits for air rifles when hunting certain types of game; and providing limitations on air
rifle use.

ELEVENTH: To amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article designated § 17C-25-1, § l 7C-25-2, § 17C-25-3, § 1 7C-25-4, § 17C-25-5, § 17C-25-6,
§ 17C-25-7, § 17C-25-8, § 17C-25-9, § 17C-25-10, and § 17C-25-11, all relating to flying under the
influence and other aviation offenses; prohibiting operation of aircraft while under the influence
of alcohol, controlled substances, or drugs; defining terms; providing a person operating an aircraft
while under the influence is guilty of a misdemeanor and establishing criminal penalties therefor;
providing that injury of another person while operating an aircraft while under the influence is a
felony and establishing criminal penalties therefor; providing a person who knowingly allows
another person to operate his or her aircraft while under the influence is guilty of a misdemeanor
and establishing criminal penalties therefor; providing increased criminal penalties for subsequent
offenses; providing for inclusion of previous offenses when determining number of offenses;
proving that it is not a defense that the person was legally allowed to use alcohol, controlled
substances, or drugs; requiring clerk of court to notify federal aviation administration of a
conviction; providing for implied consent to testing; providing for preliminary analysis of breath
to detennine its alcohol concentration; providing for secondary testing and interpretation of such
tests; providing person may demand additional testing; providing standards for blood withdrawal;
allowing test results to be used in civil and criminal proceedings; allowing person to demand
testing within two hours of arrest; providing for fee for withdrawing a blood sample or
administering a urine test; providing that the unauthorized taking of an aircraft is a felony and
establishing criminal penalties therefor; requiring federal licensure to operate an aircraft and that
evidence oflicensure be in the person’s personal possession and in the aircraft; providing criminal
penalties; and requiring state law enforcement officers to collaborate in enforcing aeronautics laws.

TWELFTH: To amend and reenact §51-9-la of the Code of West Virginia, 1931, as
amended, as contained in Chapter 256, Acts of the Legislature, Regular Session, 2022, relating to
including family court judges in the Judges’ Retirement System.

THIRTEENTH: To amend and reenact § 1 6A-7-4 of the Code of West Virginia, 1931,
as amended, relating to providing for no more than two licensed laboratories for medical cannabis
testing in this state; providing that this limitation shall terminate on January 1, 2025; prohibiting
conspiracy by the two certified laboratories to fix prices; and providing that the two laboratories
at all times must adhere to the laws, regulations, policies, and guidance regulating medical
cannabis programs in the State of West Virginia.

FOURTEENTH: To amend and reenact §30-3E-3 of the Code ofWest Virginia, 1931,
as amended; and to amend and reenact §30-7-15a of said code, all relating to prescriptive authority;
eliminating certain legislative rulemaking authority concerning the prescriptive authority of a
physician assistant; providing for prescriptive authority of physician assistants; eliminating certain
discretionary authority of the Board of Nursing; eliminating certain legislative rulemaking
authority of the Board of Nursing with respect to prescriptive authority of an advanced practice
registered nurse; eliminating certain emergency rulemaking authority of the Board of Nursing;
eliminating requirements regarding list of advanced practice registered nurses with prescriptive
authority; and providing for prescriptive authority of advanced practice registered nurses.

FIFTEENTH: To amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated § 15-1 J-6; to amend and reenact § 18-19-2 of said code; and to
amend and reenact §36-8-13 of said code, as contained in Chapter 282, Acts of the Legislature,
Regular Session, 2022, all relating generally to state military and service member programs;
creating a special revenue account known as the Military Authority Reimbursable Expenditure
Fund; establishing the fund; providing that the Adjutant General shall administer the fund;
authorizing the Adjutant General to invest moneys in the fund; setting forth the permissible
contents of the fund; authorizing the Adjutant General to make certain expenditures from the fund;
requiring the Adjutant General to reimburse the fund after receiving federal reimbursement
moneys; providing that moneys in the fund will revert to the Unclaimed Property Fund at the end
of each fiscal year; expanding eligibility of an active-duty service member’s child or spouse for
certain benefits; and authorizing transfers up to a certain amount from the Unclaimed Property
Trust Fund to the Military Authority Reimbursable Expenditure Fund.

SIXTEENTH: To amend and reenact §8-22A-2 of the Code of West Virginia, 1 931,
as amended, as contained in Chapter 256, Acts of the Legislature, Regular Session, 2022, relating
to the West Virginia Municipal Police Officers and Firefighters Retirement System; and increasing
the multiplier for use in determining accrued benefit.


IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
By the Governor
Done at the Capitol in the City of Charleston, State
of West Virginia, this Twenty-Second day of April,
in the Year of our Lord, Two Thousand Twenty Two, and in the One Hund.red Fifty-Ninth year of the
State.

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