HOUSE CONCURRENT RESOLUTION 142

(By Delegates Shott, Hanshaw, Overington, Lovejoy, Sobonya, O’Neal, Canestraro, R. Miller and Zatezalo )

[Originating in the Committee on the Judiciary; Reported on April 8, 2017]

Requesting the Joint Committee on the Judiciary study certain topic areas prior to the next Regular Session of the Legislature.

Whereas, during the 2017 Regular Session, multiple bills were introduced that warranted consideration by the Judiciary Committee, but, upon review and examination of the law underlying the bill topic, became apparent that further examination and more in depth consideration was necessary;

Whereas, the Legislative interim meetings and time prior to the 2018 Regular Session provide an opportunity for further research, evaluation and comparison with other states, and receipt of information from individuals with expertise in the particular topic area;

Whereas, for the past several years, matters and areas studied during the interims have resulted in more comprehensive, deliberate and focused bills; and 

Whereas, the topic areas contained in this resolution are not exclusive nor preclude consideration of other topic areas during the interims, Therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study the following matters prior to the beginning of the next regular session:

(1) The procedures, appeal delays, financial impact, efficiencies, and examination of the due process rights to persons appearing before the Office of Administrative Hearings (OAH), along with consideration of alternative means than the current utilization of the office, including the impact upon the drunk driving rates, accidents, and fatalities since creation of the current OAH system;

(2)  Consideration of the powers, authority, efficiencies, and financial impact of transferring the Medicaid Fraud Control Unit from the West Virginia Department of Health and Human Resources Office of Inspector General to a different Executive agency or establishing as an independent entity;

(3) The prevalence and impact of cyberbullying upon minors in the age of social media, with specific consideration of emerging case law, potential vagueness or overbreadth of criminal offenses; and a review of other states that have attempted to address the issue within constitutional parameters; 

(4) Review of general issues impacting retention and safety of firefighters, including specifically, exposure to chemicals and other substances that are known carcinogens that may lead to future illnesses, including but not limited to, those referenced in House Bill No. 2498;

(5) Review of the current governance structure and efficiencies of the Office of Emergency Services, including specifically, consideration of other surrounding state structures and models; transfer of the Office to a different Executive agency or as independent entity with elevation of Emergency Medical Services Advisory Council; and examination of the dispatch procedures and potential conflicts with regional medical command centers;

(6)  Review and consideration of the establishment of a standing committee or office under the purview of the Joint Committee on Government and Finance, as proposed in House Bill 2383; together with consideration of general procedures and efficiencies for redistricting following census years;

(7) Review and consideration of a constitutional amendment, similar in nature to House Joint Resolution 24, relating to education, including specifically, providing for the election of members of the State Board of Education;

(8) Review and consideration of improper public access to personal identifiable information in the records of charitable institutions retained by governmental agencies, including specifically consideration of non-disclosure and redaction of certain information contained within a charitable donor record as contemplated in House Bill 3079;

(9) Review and consideration of the foster care system and procedures in the State, including general review of the system, the legal burdens and obstacles within the current foster care system; the treatment and oversight of children placed in foster care, with specific emphasis on the proposed bill of rights for children in foster care contemplated by House Bill 2088 and proposed bill of rights for foster parents contemplated by House Bill 2089;

(10) Review and consideration of the efficiencies and operation of the Public Defender Services system, including specific emphasis on the impact on panel attorneys; the timely payment to panel attorneys; the rates currently paid; record keeping by panel attorneys; identification of fraud and overbilling by panel attorneys; efficiencies of current voucher system; historic underfunding of Public Defender Services; and potential availability of insurance under the West Virginia Public Employees Insurance Agency;

(11) Examination and consideration of work requirements for applicants for the Supplemental Nutrition Assistance Program (SNAP); along with controls and methods for the detection of fraud; as contemplated by Senate Bill 60, including more general review and consideration of the welfare system in this state, including emphasis on federal guidelines, waivers, and financial eligibility;

(12) Review and examination of campaign finance laws contained in Chapter 3 of the code, with consideration of long-term review, reorganization and revision of the election and campaign finance statutes; including specifically consideration of differences between the state and federal laws as to monetary donation limits, relationship with political party caucuses and political action committees;

(13) Review and examination of the federal regulations relating to drones and other unmanned aircraft systems, with emphasis on the protection of personal privacy, along with lawful restrictions upon the use of such unmanned aircraft systems, as contemplated by House Bill 3005 and Senate Bill 9;

(14) Review and examination of the penalties under our criminal justice laws, with an emphasis on the establishment of a commission to study and make recommendations on the reorganization and revision of penalties and offenses under Chapter 61 of the code, including consideration of capital punishment as a penalty; and, be it

Further Resolved, That the Joint Committee on the Judiciary may consult or act in conjunction with other Joint Standing Committees of the Legislature in consideration of the foregoing topic areas, and any additional topic areas not identified herein, that the Joint Committee may study or examine during an interim meeting; and, be it

Further Resolved, That, following review and study of a topic area, the Joint Committee on the Judiciary may draft and propose legislation for introduction during the 2018 legislative session, and may make such other recommendations to other Joint Standing Committees of the Legislature as warranted or deemed appropriate; and, be it

Further Resolved, That the expenses necessary to conduct the study of these topic areas, along with other later identified topic areas, be paid from legislative appropriations from the Joint Committee on Government and Finance.