Non-Standing Committees Focused on Oversight

Commission on Special Investigations #

Website #

Membership, reports, and meeting agendas available on website.

Purpose/Jurisdiction #

“[I]t shall be the mission of the Commission on Special Investigations to:

• “Conduct comprehensive and detailed investigations into the purchasing practices and procedures of the state;
  
• “Determine if there is reason to believe that the laws or public policy of the state in connection with purchasing practices and procedures have been violated or are inadequate;
  
• “Determine if any criminal or civil statutes relating to the purchasing practices and procedures in this state are necessary to protect and control the expenditures of money by the state;
  
• “Investigate or examine any matter involving conflicts of interest, bribery of state officials, malfeasance, misfeasance or nonfeasance in office by any employee or officer of the state;
  
• “Conduct comprehensive and detailed investigations to determine if any criminal or civil statutes have been violated at any level of state government;
  
• “Determine whether to recommend criminal prosecution or civil action for any violation, either criminal or civil, at any level of state government and, if it is determined that action is necessary, to make appropriate recommendation to the attorney general, prosecuting attorney or other authority empowered to act on such recommendation; and
  
• “Make such written reports to the members of the Legislature between sessions thereof as the commission may deem advisable and on the first day of each regular session of the Legislature make an annual report to the Legislature containing the commission’s findings and recommendations including in such report drafts of any proposed legislation which it deems necessary to carry such recommendations into effect” (commission website).

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Interim Joint Legislative Oversight Commission on Department of Transportation Accountability #

Website #

Membership and meeting agendas available on website.

Purpose/Jurisdiction #

“(a) The powers, duties and responsibilities of the commission include the following:

1. “Make a continuing investigation, study and review of the practices, policies and procedures of the department;
   
2. “Make a continuing investigation, study and review of all matters related to transportation policy in the state;
   
3. “Review long-term plans by the various agencies of the Department of Transportation and how they impact the citizens of West Virginia;
   
4. “Conduct studies on:
   
   • “(A) The amount of state, federal and other funds expended in infrastructure investment in the state and the plan for future funds;
     
   • “(B) The costs associated with failure to invest in the infrastructure of this state to citizens and businesses;
     
   • “(C) The extent to which the state is maximizing available federal programs and other moneys in providing transportation investment to the citizens of this state;
     
   • “(D) The operation of the Department of Transportation as a whole or its individual agencies; and
     
   • “(E) The roles of the public, private and private nonprofit sectors in collaborating for improved infrastructure investment;
     
5. “Review and study the funding mechanisms for the State Road Fund and review any plans to adjust funding to ensure the necessary investment is made;
   
6. “Review and study the feasibility and financial impact upon the state of the long-term transportation plans in place in the department and its agencies; and
   
7. “Review and study the feasibility and financial impact upon the state of the establishment of alternative long-term transportation plans and alternative funding sources.

“(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to the provisions of section five of this article.

“(c) Limited subpoena power: —

1. “For purposes of carrying out its duties, the commission is hereby empowered and authorized to examine witnesses and to subpoena such persons and books, records, documents, papers or any other tangible things as it believes should be examined to make a complete investigation.
   
2. “All witnesses appearing before the commission under subpoena shall testify under oath or affirmation. Any member of the commission may administer oaths or affirmations to such witnesses.
   
3. “To compel the attendance of witnesses at such hearings or the production of any books, records, documents, papers or any other tangible thing, the commission is hereby empowered and authorized to issue subpoenas, signed by one of the co-chairs, in accordance with section five, article one, chapter four of this code. Such subpoenas shall be served by any person authorized by law to serve and execute legal process and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.
   
4. “If any person subpoenaed to appear at any hearing  refuses to appear or to answer inquiries there propounded, or  fails or refuses to produce books, records, documents, papers or any other tangible thing within his or her control when the same are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court may compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance” (WV Code §4-14-4).

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Interim Legislative Oversight Commission on Education Accountability #

Website #

Membership and meeting agendas available on website.

Purpose/Jurisdiction #

“(a) In addition to the powers and duties conferred upon the commission pursuant to the provisions of this article, the commission shall make a continuing investigation, study and review of the practices, policies and procedures of the board and of any and all matters related to education in the state and shall make annual reports to the Legislature of the results of such investigation, study and review.

“(b) These reports shall describe and evaluate in a concise manner:

1. “The major activities of the board for the fiscal year immediately past, including important policy decisions reached on initiatives undertaken during that year, especially as such activities, decisions and initiatives relate to the implementation of (1) the Constitutional requirement of providing a thorough and efficient education to the children of this state and (2) the objective of improving the quality of education at all levels in this state.
   
2. “Other information considered by the commission to be important, including recommendations for statutory, fiscal or other reform and reasons for such recommendations.

“Further, these reports may specify in what manner said practices, policies and procedures may or should be modified to satisfy said Constitutional requirement and to improve the quality of education at all levels in this state.

“The commission may meet as often as may be necessary and employ such professional, clerical and technical personnel as it considers necessary to perform effectively the duties herein prescribed.

“(c) The commission shall conduct a study to determine whether the bureaucracies of the state Board of Education and each county board of education are of such size and complexity that they do not best serve the educational needs of the children of the state. The commission may request assistance from the Legislative Auditor to conduct this study.

“(d) For purposes of carrying out its duties, the commission is hereby empowered and authorized to examine witnesses and to subpoena such persons and books, records, documents, papers or any other tangible things as it believes should be examined to make a complete investigation. All witnesses appearing before the commission shall testify under oath or affirmation, and any member of the commission may administer oaths or affirmations to such witnesses. To compel the attendance of witnesses at such hearings or the production of any books, records, documents, papers or any other tangible thing, the commission is hereby empowered and authorized to issue subpoenas, signed by one of the cochairmen, in accordance with section five, article one, chapter four of this code. Such subpoenas shall be served by any person authorized by law to serve and execute legal process and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.

“If any person subpoenaed to appear at any hearing shall refuse to appear or to answer inquiries there propounded, or shall fail or refuse to produce books, records, documents, papers or any other tangible thing within his control when the same are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court may compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance” (WV Code §29A-3A-11a).

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Interim Legislative Oversight Commission on Health and Human Resources Accountability #

Website #

Membership and meeting agendas available on website.

Purpose/Jurisdiction #

“(a) The powers, duties and responsibilities of the commission shall include the following:

1. “Make a continuing investigation, study and review of the practices, policies and procedures of the health care and social services agencies in this state;
   
2. “Make a continuing investigation, study and review of all matters related to health and social policy in the state;
   
3. “Review program development by the various agencies of the Department of Health and Human Resources if those programs impact the physical, emotional or social well-being of the citizens of West Virginia;
   
4. “Conduct studies on:
   
   • “(A) The amount of funds expended by hospitals and other health care providers of this state for services to persons who are unable to pay for those services and for which they receive no other form of reimbursement;
     
   • “(B) The extent to which persons in this state forego needed medical services because of insufficient income and assets to pay for those services;
     
   • “(C) The extent to which the state is maximizing available federal programs and moneys in providing health care services to the citizens of this state;
     
   • “(D) The operation of the programs and funds created by article twenty-nine-c of this chapter; and
     
   • “(E) The roles of the public, private and private nonprofit sectors in providing health care services to the citizens of this state;
     
5. “Review and study the state Medicaid program in order to determine if the state Medicaid agency, as the payor of last resort, is expending maximum effort to identify alternate private insurance resources for Medicaid beneficiaries;
   
6. “Review and study the feasibility and financial impact upon the state of assuring increased access to Medicaid beneficiaries to primary health care in the nonhospital setting by requiring enrollment in a primary care clinic program, if available;
   
7. “Review and study the feasibility and financial impact upon the state of the establishment of different and lesser schedules of payment for primary health services delivered by a hospital emergency room as compared to the schedule of payments for emergency room services of a true medical emergency nature;
   
8. “Conduct a study on the effects of rural health networks, including effects on the quality, cost and availability of care; and
   
9. “Meet jointly with the advisory committee created in article thirty-five of this chapter to determine methods for coordinating the collection and analysis of health care information within the state, including the development of health information systems that will allow for the electronic transmittal of data and access by the various agencies of government.

“(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to the provisions of section seven of this article” (WV Code §16-29E-5).

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Interim Legislative Rule-Making Review Committee #

Website #

Membership, meeting agendas, and minutes available on website.

Purpose/Jurisdiction #

“(a) There is hereby created a joint committee of the Legislature, known as the legislative rule-making review committee, to review all legislative rules of the several agencies and such other rules as the committee deems appropriate” (WV Code §29A-3-10).

“(b) The committee shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon. Such review shall include, but not be limited to, a determination of:

1. “Whether the agency has specific statutory authority to propose the rule and has not exceeded the scope of its statutory authority in approving the proposed legislative rule;
2. “Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret or make specific;
3. “Whether the proposed legislative rule overlaps, duplicates or conflicts with any other provision of this code, any other rule adopted by the same or a different agency, with federal statutes and rules, or with local laws and rules;
4. “Whether federal funding will be impacted by its expiration and explanation as to such;
5. “Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the rule was proposed for promulgation;
6. “Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;
7. “Whether the proposed legislative rule could be made less complex or more readily understandable by the general public; and
8. “Whether the proposed legislative rule was proposed for promulgation in compliance with the requirements of this article and with any requirements imposed by any other provision of this code.

“(c) After reviewing the legislative rule, the committee shall recommend that the Legislature:

1. “Authorize the promulgation of the legislative rule;
2. “Authorize the promulgation of part of the legislative rule;
3. “Authorize the promulgation of the legislative rule with certain amendments;
4. “Recommend that the proposed rule be withdrawn; or
5. “Reject the proposed rule.

“The committee shall file notice of its action in the State Register and with the agency proposing the rule: Provided, That when the committee makes the recommendations of subdivision (2), (3), (4), or (5) of this subsection, the notice shall contain a statement of the reasons for such recommendation.

“(d) When the committee recommends that a rule be authorized, in whole or in part, by the Legislature, the committee shall instruct its staff or the office of Legislative Services to draft a bill authorizing the promulgation of all or part of the legislative rule and incorporating such amendments as the committee desires. If the committee recommends that the rule not be authorized, it shall include in its report a draft of a bill authorizing promulgation of the rule together with a recommendation. Any draft bill prepared under this section shall contain a legislative finding that the rule is within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret and shall be available for any member of the Legislature to introduce to the Legislature” (WV Code §29A-3-11).

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Interim West Virginia Fusion Center Joint Oversight Committee #

Website #

Membership and meeting agendas available on website.

Purpose/Jurisdiction #

“(a) The Speaker of the House of Delegates and President of the Senate shall establish a select committee which shall have oversight of the information collected by the West Virginia Fusion Center to ensure the proper collection, dissemination, storage, and destruction of information or intelligence…”

“(b) Members of the select committee may enter and inspect the West Virginia Fusion Center at any time staff is present with select committee counsel and staff, with or without notice to the West Virginia Fusion Center.

“(c) Meetings of the select committee shall be confidential and the information and materials, in any medium, including hard copy and electronic, coming to the attention of or placed in the custody of the Select Committee shall not be subject to the West Virginia Freedom of Information Act as set forth in §29B-1-1 et seq. of this code.

“(d) The select committee may conduct proceedings in a confidential executive session for the purpose of conducting business, establishing policy, reviewing investigations, and interrogating a witness or witnesses.

“(e) All witnesses appearing before the select committee shall testify under oath or affirmation, and any member of the select committee or its counsel may administer oaths or affirmations to such witnesses. To compel witnesses to attend a hearing or produce any books, records, documents, or papers, or any other tangible thing except where the records, documents, data, or items are protected from disclosure by privilege recognized by state or federal courts, the select committee may issue subpoenas, signed by one of the co-chairs: Provided, That the select committee may specifically authorize or delegate the power to any member of the select committee to sign subpoenas on its behalf. The subpoenas shall be served by any person authorized by law to serve and execute legal process, and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.

“(f) If any person subpoenaed to appear at any hearing shall refuse to appear or to answer inquiries there propounded, or shall fail or refuse to produce books, records, documents, papers, or any other tangible thing within his or her control when the same are demanded, the select committee shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and that court may compel obedience to the subpoena as though the subpoena had been issued by that court in the first instance: Provided, That prior to seeking circuit court relief, the select committee may, in its discretion, first demand the Secretary of Homeland Security or the director of the West Virginia Fusion Center under whom an employee has failed to appear or which has failed to produce requested or subpoenaed material to appear before the select committee and address the basis for the failure to comply and whether compliance will be forthcoming.

“(g) The select committee may direct the West Virginia Fusion Center to send its budgetary accounting to the State Auditor: Provided, That if budgetary expenditures are classified, or security or law enforcement sensitive such that disclosure would compromise an investigation, those entry descriptions, but not the expenditure amounts, may be redacted from the West Virginia Fusion Center accounting provided to the State Auditor: Provided, however, That the State Auditor shall bring any accounting issues of concern to the attention of the select committee, upon which the select committee shall subpoena the West Virginia Fusion Center for unredacted copies of the accounting items to be presented for explanation and justification of the necessity and legality of the concerns raised by the State Auditor. The select committee may take whatever action it deems necessary, if any, after review and analysis of the subpoenaed unredacted materials” (WV Code §15A-12-3).