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In the Senate

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As of 6 p.m., Wednesday, February 23, 2011, the 43rd day of the 80th Legislature’s 1st Regular Session, 608 bills have been introduced in the Senate. To date, 15 have completed legislation. Of the bills introduced, 27 passed this week and have been sent to the House for further consideration. Bills passed by the Senate this week include:

Senate Bill 227 would develop a matching grant program to foster the development of creative communities in West Virginia. The bill would provide for the necessary funds to establish the Creative Communities Development Program.

Senate Bill 234 would revise the Municipal Economic Development District Act. It would enlarge the number of municipal corporations that may use sales tax increment financing to provide for any economic development projects.

Senate Bill 235 would revise the County Economic Opportunity Development District Act. This would include the remediation of landfills, former coal or mining sites, solid waste facilities or hazardous waste sites. These sites would be deemed as permissible for development projects under this bill.

Senate Bill 238 would re-designate the Division of Veteran’s Affairs to the Department of Veteran’s Assistance. This bill would provide for the department to be supervised by a cabinet-level secretary.

Senate Bill 243 would change the termination date of the Neighborhood Development Program Act from July 1, 2011 to July 1, 2016. The bill also would provide for an increase of the tax credit given to the program.

Senate Bill 263 would allow non-profit research corporations affiliated with higher education institutions to operate vehicles that have been issued special plates on the road. These corporations must handle research programs dealing with the development of vehicles, special fuels or equipment.

Senate Bill 282 would provide for the continuation of the Highway Design-Build Pilot Program for two more years.

Senate Bill 304 would provide for an alternative means for the initial purchaser of a junked vehicle. It would authorize the initial purchaser to notify the Division of Motor Vehicles of compliance with the National Vehicle Motor Title Information System.

Senate Bill 334 would create a criminal offense for associating with any form of animal fighting ventures. This would include wagering, conducting, financing, managing, supervising, owning or leasing any part of an animal-fighting venture.

Senate Bill 335 would allow certain municipalities to regulate taxis and taxi stands. This bill would give authorization to any Class I or Class II municipalities to regulate taxi services.

Senate Bill 344 would reduce the money required to qualify as a “qualified capital addition to a manufacturing facility” from $50 million to $10 million. The bill would also reduce the total amount of the original cost of the facility.

Senate Bill 357 would add river otters to the list of species that must be checked at an official game check station. A trapper must present any beaver or otter pelt to a game checking station or representative of the Division of Natural Resources within 30 day after the close of legal season.

Senate Bill 358 would authorize electronic registration of wildlife. The electronic registration would be mean submission of all necessary and relevant information must be presented to the Division of Natural Resources, in the manner designated by rules set forth by the director.

Senate Bill 382 would specify activities that grant members of the National Guard of reserve leaves of absence. This bill would provide for additional activities to the list of reasons a member of the National Guard or Armed Forces Reserve shall be permitted this leave of absence.

Senate Bill 390 would create a new crime relating to the invasion of privacy on web-enabled mobile devices. This bill would create a misdemeanor offense for the invasion of a personal, mobile device. This would include: cell phones, text-messaging devices and mobile devices that can access the Internet.

Senate Bill 474 would adopt a limited version of the “Learned Intermediary Doctrine” (LID). The LID shifts the responsibility of providing warning labels on prescription drugs from the manufacturers to the prescribing physician. The bill would be limited to manufacturers not engaged in direct advertising to consumers regarding a particular drug.

Completed Legislation

02/16/2011 – 02/23/2011
House Bill 2882 will allow the Commissioner of Banking to assess state banks on a quarterly basis instead of a semi-annual basis. The bill will establish additional assessment dates on April 1 and Oct. 1. The commissioner will also have to prepare and send all banking assessments by March 15 and Sept. 15.

House Bill 2962 will increase the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders for certain article violations. These violations are in relation to the West Virginia Residential Mortgage Lender, Broker and Server Act.

Fact over Falsehood: Debunking Common Legislative Myths

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The West Virginia Legislature is surrounded by a number of myths or misconceptions, ranging from the legislative process to members’ offices. Listed below are several busted, and even confirmed, myths.

MYTH: If a bill is introduced, it must come to a floor vote.
Every bill has the potential to come to a floor vote. First though, the bill must make its way through committees. Even before that, the bill must be placed on the agenda to be introduced into the committee. If the committee has opposition to the bill, the bill will likely go no further than that particular committee.

If the bill is not reported from committee, nor finalized on the floor, then it is said to “die” in committee or “die on the floor.” There are many reasons bills are not taken up for review. Some simply don’t meet the deadlines for appropriate discussion. However, since the Legislature “sits” for two consecutive years, a bill may be reintroduced the following year providing for further review of the idea.

busted

MYTH: All members have their own offices.
While Senate members do have their own offices, with a shared common room for secretaries, House of Delegates members share offices. Most delegates have at least one office mate.

One exception is the major committee House chairs and vice chairs. They have their own offices next to and near the committee rooms they chair.

plausible

MYTH: After session ends, everybody goes home.
Legislative Per-diem workers, interns and lobbyists pack the capitol complex during session, but after they have left, there is still a full-time staff that works year round.

In addition, interim meetings, special legislative sessions and an extended budget session the week following the end of the regular 60-day session, bring back lawmakers throughout the year.

busted

MYTH: Meetings are held behind closed doors, without public access.
Most meetings are open to the public or can be heard online through live audio streams. However, party caucuses and meetings restricted to only chairmen are not open to the community.

Additionally, during interim meetings, the Commission on Special Investigations is never open to the public nor is it streamed live because they are exempted by State Code.

plausible

MYTH: Only seven members can sponsor a bill.
While this may be the case in the House, the Senate allows for an unlimited number of sponsors on a bill.

Though unlikely, this opens the potential for the entire Senate to sponsor a bill.

plausibleMYTH: The Legislature passes hundreds of bills each session.
Over the past 10 years, the Legislature has passed an average of 270 bills per regular session. Over two thousand bills are introduced each session, and approximately 200 will make it to the Governor’s desk to complete the process and become law.

confirmed

MYTH: All bills must be signed by the governor to become law.
While the Legislature is in session, the governor has five days to approve or veto a bill. After session, the governor has 15 days to act on a bill. If the time lapses, the bill automatically becomes law without the governor’s signature.

busted

Senate Passes 10 Bills, Two Complete Legislation

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The Senate recognized today, Feb. 22, 2011, as West Virginia Home School Day. The Senate adopted Senate Resolution 35 to honor teachers and students from home-schooling programs across the state.

Additionally, the Senate also passed 10 bills and moved seven to third reading for the next floor session. Upon passage, each bill was communicated to the House for further consideration.

Of these bills, Senate Bill 193 was passed. This bill would expand the list of responsibilities the law-enforcement training subcommittees would have. The bill clarifies and explains the subcommittee’s duties and gives them specific authorities.

Senate Bill 243 would extend the termination date of the Neighborhood Investment Program Act. By passage of this bill, the date would be changed from July 1, 2011 to July 1, 2016.

A bill that would allow county fire chiefs to appoint members from their company to serve as designated members on property safety enforcement agencies. Senate Bill 388 was passed and sent to the House for further review.

Along with these bills, House Bill 2882 and House Bill 2962 have completed legislation and are awaiting the Governor’s signature. Senate Bill 241, Senate Bill 263, Senate Bill 460 and House Bill 2556 were also passed.

The following committees will meet today:
Health and Human Resources– 1 p.m.- 451M
Banking and Insurance– 2 p.m.- 208W
Education– 2 p.m.- 451M
Finance– 3 p.m.- 451M
Judiciary– 3 p.m.- 208W

The following committees will meet tomorrow:
Labor– 9 a.m.- 208W
Energy, Industry and Mining– 10 a.m- 208W
Government Organization– 2 p.m.- 208W

The Senate will reconvene tomorrow at 11 a.m.

State Champions Recognized in House

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The Woodrow Wilson Flying Eagles Soccer Team received a citation from the House of Delegates recognizing the teams 2010 State Championship win.

During session, the House designated February 22, 2011 as “West Virginia Home School Day” at the Legislature by House Resolution 26.

Additionally, the House had four bills on first reading and eight bills on second reading. Among the bills on second reading included House Bill 2889, which would create the “Jason Flatt Act of 2011”.

The following committees will meet today:
Constitutional Revisions– 2 p.m. – 410M
Health and Human Resources – 4 p.m. – 215E
Political Subdivisions – 1 p.m. – 215E
Senior Citizen Issues – 3 p.m. – 215E

The following committees will be meeting Wednesday morning:
Banking and Insurance – 10 a.m. – 215E
Natural Resources – 9:15 a.m. – 215E
Pensions and Retirement– 10 a.m. 410M

The House will reconvene tomorrow at 11 a.m.

Senate Honors War Veterans, Passes Six Bills

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The Senate celebrated veterans from across the state today. With the passage of Senate Resolution 33, today will be recognized as Veteran’s Visibility Day.

Six bills were also passed, along with the introduction of 44 bills. Today marked the last day to introduce bills on the floor.

Senate Bill 334 was passed in committee substitute form. This bill would create a criminal offense for having any involvement with animal fighting ventures. The bill was reported to the House for further consideration.

A bill that would incorporate federal health insurance reforms into the insurance codes was also passed. The committee substitute for Senate Bill 407 would add two federal health insurance programs into the code.

Senate Bill 390 would provide for web-enabled mobile devices to fall under the crime of invasion of privacy on computers. This bill would make it a crime for an individual to invade a personal, web-enabled mobile device.

Additionally, Senate Bill 253, Senate Bill 335 and Senate Bill 507 were passed in the Senate and communicated to the House for review.

The following committees will meet today:
Pensions– 2 p.m.- 208W
Finance– 3 p.m.- 451M
Judiciary– 3 p.m.- 208W

The following committees will meet tomorrow:
Economic Development– 9 a.m.- 451M
Government Organization– 10 a.m.- 208W
Transportation and Infrastructure– 10 a.m.- 451M
Health and Human Resources– 1 p.m.- 451M
Banking and Insurance– 2 p.m.- 208W

The Senate will reconvene tomorrow at 11 a.m.

House Honors Jefferson County

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Today, the House met in a late morning session and passed a resolution designating February 21, 2011 as “Jefferson County Day” at the Legislature. The House also honored those serving our country by recognizing our veterans.

Additionally, the House passed four bills including House Bill 2542, which would clarify certain provisions related to access to cemeteries and grave sites located on private land by authorizing agents of family members or decedents to access private cemeteries or grave sites.

Today is the 41st day of the Legislature and marks the last day to introduce bills in both the House and Senate.

The following committees will be meeting this afternoon:
Education – 2 p.m. – 434M
Education Subcommittee D – 1 p.m. – 434M
Finance – 2:30 p.m. – 460M
Judiciary – 1 p.m. – 410M
Judiciary Subcommittee A – 5 p.m. – 410M
Government Organization – 2 p.m. – 215E
Health and Human Resources– 4 p.m. – 215E

The following committees will meet Tuesday morning:
Education – 9 a.m. – 434M
Finance – 9:15 a.m. – 460M

The House will reconvene on Tuesday at 11 a.m.

House Passes Federal Funding Bill

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The House adopted three resolutions and passed eight bills in a brief late morning chamber session.

Senate Bill 254, which would supplement and amend by increasing existing items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2011, was passed. By completing legislation, this bill will now move on to await the Governor’s signature before becoming law.

Additionally, the House adopted three resolutions, including House Concurrent Resolution 87, which would name the “James Paul Harrison WWII Memorial Bridge.”

The following committees will meet Monday:
Judiciary Subcommittee A – 9:30 a.m. – 410M
Health and Human Resources – 4:00 p.m. – 215E

The House will reconvene Monday at 11 a.m.

Senate Stands to Honor Beloved Co-Worker

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The Senate stood to recognize the passing of a devoted friend and co-worker. Catherine L. Larck was an employee of the West Virginia Senate from 2003 to 2007. To honor Catherine, the Senate adopted Senate Resolution 30 memorializing her.

The Senate also introduced 19 bills and moved six along to third reading for the next floor session. Among those bills sent to third reading, Senate Bill 390 would add web-enabled mobile devices to the crime of invasion of privacy.

This bill would provide for the invasion of privacy on personal computers. The bill will be read a third time during the next floor session.

A bill that would incorporate federal health insurance reforms into the insurance code was furthered today. Senate Bill 407 would provide for the federal Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 to be included into the insurance code. This bill will also be read for a third time.

Additionally, Senate Bill 253, Senate Bill 334, Senate Bill 335 and Senate Bill 507 were moved to third reading for Monday morning.

The following committee will meet Monday:
Pensions– 2 p.m.- 208W

The Senate will reconvene Monday at 11 a.m.

Senate Honors Higher Education, Passes 7 Bills

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Today in the Senate higher education institutions throughout West Virginia were recognized for their outstanding work across the state.

Having the opportunity to receive a quality education is something every person is entitled to. Higher education institutes throughout the state have been extremely proficient in allowing citizens of West Virginia to have the chance to further their education and prepare themselves for future careers.

Along with this recognition, the Senate passed 7 bills. The committee substitute for Senate Bill 227 was passed today. This bill relates to Creative Communities Development Pilot Program. This bill would provide a matching grant to be developed to help this program continue to move forward.

Senate Bill 382 would specify additional activities in which members of the National Guard or armed forces reserves are entitled to a leave of absence. This bill was passed in committee substitute form and was sent to the House for further consideration.

A bill that would provide for alternative means that the initial purchaser of a junked vehicle has to notify the Department of Motor Vehicles. Senate Bill 304 would provide for these means to also follow in compliance with the National Motor Vehicle Title Information System.

Senate Bill 234, Senate Bill 235, Senate Bill 357 and Senate Bill 358 were also passed and sent to the House for review.

The following committees will meet today:
Health and Human Resources– 1 p.m- 451M
Education– 2 p.m.- 451M
Finance– 3 p.m.- 451M
Judiciary– 3 p.m.- 208W

The following committees will meet tomorrow:
Economic Development– 9 a.m.- 451M
Transportation and Infrastructure– 10 a.m.- 451M

The Senate will reconvene tomorrow at 11 a.m.