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House Passes Bill Helping Municipalities Deal with Vacant Properties

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The House reconvened to pass five bills, including House Bill 4034, which would authorize any municipality to enact by ordinance a vacant property registration program. The House also introduced House Bill 4526, which would require the removal of ice and snow from vehicles before operating them on highways, and six other bills.

In addition, the House adopted House Joint Resolution 101, the Commercial and Industrial Tangible Personal Property Tax Exemption Amendment, and six bills advanced to second reading, including House Bill 4354, which relates to conditions and arrests in domestic violence matters.

The House also adopted House Concurrent Resolution 56, which if adopted by the Senate, would place signs in Fayette County indicating the crossing of the 38th Parallel North in honor of veterans of the Korean War.

The following committees will meet today:
Roads and Transportation-2 p.m.-215E
Health and Human Resources-4:30 p.m.-215E

The following committees will meet tomorrow:
Finance-9 a.m.-460M
Judiciary-9 a.m.-410M
Government Organization-2 p.m.-215E

The House will reconvene 11 a.m. tomorrow.

In the Senate

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As of 4 p.m. Wednesday, February 17, 2010, the 36th day of the 79th Legislature’s 2nd Regular Session, 599 bills have been introduced in the Senate. Of those, 18 have been passed and have been sent to the House for its consideration. The bills passed this week were:

Senate Bill 38 would make the federal Servicemembers Civic Relief Act a state law. The act is designed to relieve certain civil responsibilities from servicemembers entering active duty or being deployed.

Senate Bill 89 would allow elected police chiefs and deputy chiefs to be assigned to their previously held position within the force at the end of their term.

Senate Bill 218 would make certain inmates eligible for early parole, upon successful completion of a rehabilitation program. Inmates who had committed violent crimes or crimes against children would not be eligible for accelerated parole, as well as inmates who had level one or two disciplinary action 120 days prior to parole consideration.

Senate Bill 236 would create the Aquaculture Development Act in order to promote aquaculture in the state. Aquaculture is defined as the breeding, raising and/or use of aquatic species in controlled environments for commercial purposes including food production, recreation and research.

Senate Bill 350 would add recycled energy to the list of renewable energy resources. This includes exhaust heat from commercial or industrial processes, waste gas, mechanical energy resulting from pressure drops, and other forms of recycled energy.

Senate Bill 354 would update the terms and reporting procedures for traffic crashes. The word “accident” would be replaced with “crash,” and the investigating law-enforcement officer would be required to submit a report electronically or in writing within 24 hours of the incident. If the officer could not complete the investigation within 10 days of the crash, a preliminary report would be required on the tenth day and a final report would be required within 24 hours of the completed investigation.

Senate Bill 382 would authorize the preparation and submission of geological reports incidental to oil and gas drilling. It would also require that logs and other valuable information be given to the state Geological and Economic Survey.

Senate Bill 391 would require that candidates for county boards be citizens of the county in which the board serves.

Senate Bill 397 would create a single dwelling residential housing index that would annually compile the costs of all single dwelling residential housing in the state. The index would be made available to the Joint Committee on Government and Finance as well as the public.

Senate Bill 436 would replace the Latin “haec verba, viz” with the English equivalent “these words verbatim” in the West Virginia code.

A Sampling of Bills Introduced In the Senate

Senate Bill 541 would increase penalties for passing a stopped school bus that is either picking up or dropping off children. The fine for a first offense would increase from a minimum $50 to $150, while the maximum fine would increase from $200 to $500.=

Senate Bill 550 would establish a driver’s license restoration program for people who have their license cancelled, suspended or revoked. The program would be responsible for providing information and educational services to assist people in having their license reinstated.

Senate Bill 552 would create the Office of Child Advocacy. The office would investigate and monitor the Department of Health and Human Resources Division of Child Protective Services and the Division of Corrections.

Senate Bill 586 would require county school boards of underachieving schools to notify parents of school choices for the next school year. School boards would be required to notify parents within five days of receiving the schools failure to produce satisfactory results by the testing service.

Senate Bill 590 would create an energy related public relations campaign focused on educating the Washington D.C. area and federal government about West Virginia coal and its positive impact. The Division of Energy would design and develop the campaign.

Senate Bill 599 would make it a felony offense to recklessly transfer HIV or AIDS. Punishment would include incarceration of up to 10 years. If a consenting adult knew the risks before engaging in sexual activity, the transfer of the virus could not be prosecuted.

In the House

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As of 4 p.m., Wednesday, February 17, 2010, the 36th day of the 79th Legislature’s 2nd Regular Session, 1,2 34 bills have been introduced in the House. Of those, 56 passed and have been sent to the Senate for its consideration. The bills passed include:

House Bill 4034 would give municipalities the authorization to implement programs for the purpose of registering vacant properties. The bill would also give municipalities the authority to include a registration fee as part of such programs.

House Bill 4143 would strengthen the authority of the Office of Emergency Medical Services. The bill would require applicants for certification to allow the West Virginia State Police access to personal background information.

House Bill 4157 would remove outdated sunset language from existing code.

House Bill 4176 would establish a statewide credentialing verification organization in relation to credentialing for healthcare practitioners.

House Bill 4179 would remove the language providing a termination date for the Equal Pay Commission. The current expiration date is July 1, 2010.

House Bill 4198 relates to the Oil and Gas Inspectors’ Examining Board. The bill would extend the expired term of a member until the member’s successor is appointed.

House Bill 4210 would require the Public Employees Insurance Agency Finance Board to have a five member quorum present at all public hearings.

House Bill 4220 would require that the Board of Medicine accept certifications from both the American Registry of Radiologic Technicians and the Certification Board for Radiology Practitioner Assistants for qualifications as a radiologist assistant.

House Bill 4248 would establish the definition for “audit” in relation to charitable funds as “the systematic examination of records and documents and the securing of other evidence by confirmation, physical inspection, or otherwise, that includes a written assurance that financial statements and reports are fairly presented in conformity with generally accepted accounting principles.”

House Bill 4281 would replace the terms “mentally retarded” and “mental retardation” in state law with the terms “intellectually disabled” “individual with intellectual disability” and “intellectual disability.”

House Bill 4355 would add probation officers and parole officers to existing law relating to disarming law enforcement officers. The bill would make disarming or attempting to disarm a probation or parole officer a felony offense.

A Sampling of Bills Introduced In the House

House Bill 4458 would authorize county commissions, municipalities, and boards of education that receive lottery revenues to issue bonds to construct public projects. Lottery revenues would secure the bonds. These public projects could include new buildings, demolishing old buildings, environmental remediation, and other projects.

House Bill 4472 would prohibit the use of a handheld communication device to engage in text messaging or other technology while operating a motor vehicle. The offense would be considered a misdemeanor and would be punishable by a $250 fine.

House Bill 4478 would require a child be placed with a relative, where possible, when removed from the home of a parent. The bill would establish an adult family member as first placement preference, followed by a family friend who meets foster care licensing requirements.

House Bill 4482 would require applicants and recipients of temporary assistance for needy families cash benefits participate in a random drug testing program. An applicant or recipient would have 60 days to pass a drug test before being deemed ineligible to receive benefits. The bill would also require legislators to be required to participate in a drug testing program.

House Bill 4498 would prohibit smoking throughout the entirety of the State Capitol. The bill would include all offices and hallways.

House Bill 4510 would require the Department of Environmental Protection make a final decision in regard to coal mining permit applications within six months of all required information to complete the application process and come to a decision.

House Bill 4514 would eliminate the sales tax on food items by July 1, 2012.

House Bill 4520 would prohibit healthcare providers from discriminating against patients based upon the manner in which the patient became sick or was injured. The bill would also prohibit healthcare providers from refusing to treat patients for the same reason.

Increased Session Employment Helps Legislature Run Smoothly

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Every year, on the second Wednesday of January, committee rooms, chambers and hallways are filled with more than 150 part-time employees who arrive for the start of the regular session.

During session, employment numbers more than double to take on the extended workloads. According to the Senate Payroll Office, per diem, or “day-to-day,” employees outnumber full-time employees 89 to 40. House employment is similar with 67 per diem employees to 51 full-time employees.

The sudden surge in work and employees is nothing new; in fact, many per diem employees come back from year to year to fill the void. Workloads in departments such as Clerks’ Offices, Bill Drafting, Duplicating and the Journal Room grow to be so large that it would be impossible to accomplish the work without additional help.

A variety of legislative positions are open to individuals interested in working during the 60-Day Regular Session. Following interviews, potential per diem employees are recommended to the Senate President or the Speaker of the House by committee chairmen or department heads. Upon approval, the per diem staffer is assigned a placement.

“All new and returning per diem employees are required to submit an application with my office each year to be considered for employment,” Senate Clerk Darrell Holmes said. “Employment with the Senate is conditional and all Senate personnel serve at the will and pleasure of the President of the Senate.”

Although per diem employment by recommendation is how most positions are filled, there are exceptions. The Sergeants-at-Arms and Head Doorkeepers are elected by lawmakers in their respective chambers. The duties of the Sergeants-at-Arms include maintaining order in the hall, lobby, or galleries, and see that the hhamber has proper upkeep. The Head Doorkeeper, and his appointed assistant doorkeepers, are responsible for helping the Sergeant-at-Arms maintain decorum and exclude all guests lacking floor privileges.

For many per diem employees, the concept of leaving and returning has become natural. Once the regular session ends, the jobs of per diem workers conclude until they are needed again.

Bill Drafting employs 13 per diem workers whose jobs are to proofread, track and re-write bills – also, five per diem attorneys are hired to assist in legal processes.

“They do a lot of the grunt work,” Ralph Kent of Bill Drafting said. “They help with the immense amount of bills that come through here every day.”

Many per diem employees in Bill Drafting are able to draw from a wealth of experience. One per diem employee has been in the department for more than 33 years – and it does not stop here – another part-time employee of the House Clerk’s Office has been coming back for 18 years.

“Due to the nature of what we do, the constraints we have, rules and deadlines, it is critical we have a good team of staff,” House Clerk Greg Gray said.

As Journal Room employee Delores Baker stated, “We couldn’t do it without them.” The jobs of Journal Room employees range from distributing legislation, to copying bills, to preparing legislators’ bill books.

Approximately 2,500 bills are introduced each Session and the Journal Room prints roughly 250 bills a day. They also send bills through the mail, by fax and via e-mail. A workload this size could not be done without the nine additional sets of helping hands.

Per diem employees act as a safety net for the legislative session, ensuring that all obligations are met and all tasks are completed. An ancient African proverb states: “It takes a whole village to raise a child.” If that stands true, then it can also be said that it takes a per diem staff to keep the West Virginia Legislature afloat.

Senate Passes Police Chief Bill

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The Senate celebrated Corrections Day and West Virginia Human Resources Day as they adopted two resolutions, passed four bills and introduced six more.

In keeping with Corrections Day, Senate Bill 89 passed unanimously. This bill would allow police chiefs and deputy chiefs to return to previously held police positions at the end of their elected term.

Other bills passed included Senate Bill 354, which would change terminology relating to traffic crashes, Senate Bill 382, which would change oil and gas drilling reporting procedures, and Senate Bill 391, which would change county board of education member’s eligibility requirements.

Senate Bill 372, which would update language within the West Virginia Medical Practice Act, was read a second time and will be on third reading tomorrow.

Introduced bills included Senate Bill 583, Senate Bill 584, Senate Bill 585, Senate Bill 586, Senate Bill 587 and Senate Bill 588.

The following committees will meet today:

Health and Human Resources-1 p.m. 451M
Banking and Insurance-2 p.m. 208W
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
Natural Resources- 1 p.m. 208W
Confirmations-1:30 p.m. 219M
Government Organization-2 p.m. 208W


The Senate will reconvene tomorrow at 11 a.m.

House Recognizes Corrections Day

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The House of Delegates reconvened to pass House Bill 4220, which would require the Board of Medicine to treat a person qualified as a radiologic practitioner assistant as a radiologist assistant. One House Joint Resolution, House Resolution 101, the Commercial and Industrial Tangible Personal Property Tax Exemption Amendment, and five bills also advanced to third reading, including House Bill 4034, which would authorize any municipality to enact by ordinance a vacant property registration program.

In addition, the House adopted House Resolution 22, establishing February 16, 2010 as Corrections Day. Four House Concurrent Resolutions were adopted as well.

Fifteen bills were introduced to the House, including House Bill 4514, which would eliminate the sales tax on food.

The following committees will meet today:

Finance-1 p.m.-460M
Judiciary-1 p.m.-410M
Government Organization-2 p.m.-215E
Education-2 p.m.-434M
Natural Resources-4 p.m.-215E

The following committees will meet tomorrow:

Agriculture-8:30 a.m.-215E
Veterans Affairs-9 a.m.-460M
Natural Resources-9:15 a.m.-215E
Banking and Insurance-10 a.m.-215E
Pensions and Retirement-10 a.m.-460M
Political Subdivisions-1 p.m.-410M
Roads and Transportation-2 p.m.-215E
Senior Citizen Issues-3 p.m.-215E
Health and Human Resources-4 p.m.-215E

The House will reconvene 11 a.m. tomorrow.

Senate Honors Veterans with Resolutions and Legislation

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The Senate honored local heroes this morning as they reconvened and passed five bills and introduced 10.

The Senate first honored local hero Melquan Brown, a high school student who saved a girl who had fallen through the ice of a pond, by adopting Senate Resolution 22. Brown attends Capitol High School in Charleston.

They then honored West Virginian military veterans with the adoption of Senate Resolution 23, which declared today Veteran’s Visibility Day, and Senate Resolution 24, which honored World War II veterans.

The senators were joined in the chamber by 21 West Virginia veterans.

They passed five bills, the first of which being Senate Bill 38, which would create a West Virginia Servicemembers Civic Relief Act. This bill would put the federal Servicemembers Civic Relief Act into state law.

The other four bills the Senate passed include: Senate Bill 218, which would provide early parole for certain non-violent inmates, Senate Bill 236, which would create an Aquaculture Development Act, Senate Bill 397, which would create a single dwelling residential housing index, and Senate Bill 436, which would replace Latin with the English equivalent in a portion of West Virginia Code.

Four bills will be in third reading tomorrow, including Senate Bill 89, Senate Bill 354, Senate Bill 382, and Senate Bill 391.

The Senate continued to honor veterans with the introduction of Senate Bill 574. This bill would establish December 7 as a special Memorial Day.

The following committees will meet today:

Natural Resouces-1 p.m. 208W
Pensions-2 p.m. 208W
Finance-3 p.m. 451M
Judiciary-3 p.m. 208W

The following committees will meet tomorrow:


Transportation and Infrastructure, hearing on snow removal and emergency response-9 a.m. 451M
Government Organization-10 a.m. 208W
Health and Human Resources-1 p.m. 451M
Education-2 p.m. 451M
Banking and Insurance-2 p.m. 208W
Finance-3 p.m. 451M
Judiciary-3 p.m. 208W


The Senate will reconvene tomorrow at 11 a.m.

House Passes Five Bills, Honors State Veterans

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The House reconvened to unanimously pass five bills, including House Bill 4179, which would remove the termination date of the Equal Pay Commission. In addition, House Bill 4220 advanced to third reading and six bills advanced to second reading.

Sixteen bills were introduced in the House, including House Bill 4498, which would prohibit smoking in the capitol building and all offices.

The House also established Feb. 15, 2010 as Veterans Visibility Day through the adoption of House Resolution 21. Various veterans were present to receive the resolution.

The following committees will meet today:
Judiciary-1 p.m.-410M
Finance-1:30 p.m.-460M

Health and Human Resources-4 p.m.-215E
Roads and Transportation-4:30 p.m.-460M

The following committees will meet tomorrow:
Judiciary-9 a.m.-410M

The House will reconvene 11 a.m. tomorrow.

Senate Finishes Another Week

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The Senate convened for a quick Friday session this morning and read six bills on second reading, as well as introduced 21 bills.

Bills on second reading included Senate Bill 38, Senate Bill 218, Senate Bill 236, Senate Bill 391, Senate Bill 397 and Senate Bill 436.

The bills introduced included Senate Bill 552, which would create an Office of Child Advocacy, Senate Bill 558, which would create neighborhood watch programs and Senate Bill 567, which would create the Nonprofit Adventure and Recreational Responsibility Act.

The following committees will meet Monday:
Transportation and Infrastructure-10 a.m. 451M
Natural Resources-1 p.m. 208W
Pensions-2 p.m. 208W
Finance-3 p.m. 451M
Judiciary-3 p.m. 208W

The Senate will reconvene Monday at 11 a.m.

House Introduces 31 Bills, Moves Five to Third Reading

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Five bills advanced to third reading as the House reconvened. These bills were part of Friday’s special calendar and include House Bill 4179, which would remove the termination date of the Equal Pay Commission.

The House named six bridges through the adoption of House concurrent resolutions and also introduced 31 bills, including House Bill 4472, which would prohibit the use of of a mobile communication device to engage in text messaging or additional technologies while operating a motor vehicle, and House Bill 4479, which would establish a bill of rights for children in foster care.

Students from the Pre-K Public Employees Day Care Center led the House in the Pledge of Allegiance and entertained delegates through the singing of two songs, including “Country Roads.”

The following committees will meet Monday:
Finance-9:15 a.m.-460M
Health and Human Resources-4 p.m.-215E
Roads and Transportation-4:30 p.m.-410M

The House will reconvene at 10:45 a.m. Monday.