(Week of March 25 – April 1, 2009)
House Bill 2795 would create a free special hunting and fishing license for persons with a life-threatening condition who are under 21 years of age.
Crossover Deadline Guides Floor Activity: 60th Day Nears
It is important to create detailed, efficient and deliberate laws. Crossover Day, the deadline that occurred on the 50th day of the Legislature, is a perfect example of the types of deadlines that ensure quality legislation.
According to Joint Rule 5b, this day during each session is the deadline for all bills and joint resolutions to be considered on third reading in their house of origin. In 2003, an amendment passed to change the deadline from the 53rd day of the session to the 50th day, to afford both houses more time to consider bills approved by either the Senate or House.
During this session, the deadline was April 1. This deadline is a catalyst for the members of the Legislature to focus on a limited number of bills concerning specific issues. Those bills not making the calendars may either be carried over next year, have some provisions inserted into active bills or die.
On Wednesday, members of the Senate repeatedly voted to suspend the Constitutional rule that requires bills to be read on three separate days, because they needed to advance bills from first reading to be presented on third reading before the close of the deadline. The only way to suspend the Constitutional rule is by a four-fifths vote of members present. Several bills were advanced to the House for consideration in this manner as well.
Members can consider some bills on third reading after this deadline passes, but only if the bills relate to supplemental appropriations and the Budget Bill or by the adoption of a concurrent resolution. It is required that a two-thirds vote by both chambers take place to obtain permission for a new bill to be considered. According to the clerks of each body, however, this only happens in the case of a state economic or natural emergency.
Legislators take several facets of each bill into account before they pass it on to the other house. They consider how it will affect their constituents presently and in the future. They look at every possible view of the bill in order to make educated decisions about the possible impact on current state law and the changes they would have to make. They also consider how much money it will take to implement the bill and they discuss ways to improve the measure. After that, the legislators carefully amend and pass the bill to the other house. Legislation meet all deadlines to be considered by the other body, in order for those bills to eventually become law.
Finally, following the usual procedure does not always suffice. In any situation where there is more than one person involved in creating something, disagreements are bound to follow. Conference committees are requested when differences in a bill are apparent.
Conference committees are created when one chamber of the legislature makes amendments to a bill that has already passed in the other body and the original chamber that passed the bill does not approve of the newer amendments. The main goal of a conference committee is to settle the dispute. Generally, conference committees are made up of five members of the House and the Senate and they can deliberate up until the 60th day of the session, according to Joint Rule 3. This allows lawmakers more time to perfect changes to a bill, the deadline has been changed in recent years from 6:00 p.m. to 9:00 p.m.
Many major laws come into existence through the use of conference committees, since there is a need to carefully decide the course of action to take and to perfect the precise language involved in making amendments resulting in agreement of both houses. This form of conflict resolution is the best course of action to concisely review a piece of legislation.
Though the 2009 Regular Session comes to an end on April 11, if the Budget Bill is not finalized, the lawmaking process is not complete. The State Constitution requires the passage of a Budget Bill, often resulting in an Extended “Budget” Session. This allows each body additional time to review and estimate every monetary aspect of the state for the current and next fiscal year. Due to its complexity, the Budget Bill always goes to a conference committee so that both the Senate and the House can resolve differences and submit a balanced budget.
Senate Reconsiders Calorie Posting Bill
The Senate reconsidered Senate Bill 419 and passed the measure by a narrow margin. This bill would create, within the Governor’s Office of Health Enhancement & Lifestyle Planning (GOHELP), a program to increase consumer awareness of healthy menu choices. It would require all chain restaurants with more than 15 national locations to post an item’s caloric content on their menu board at the point of purchase. Short term menu items (less than 30 days) would not be required to be listed. There would also be a provision for posting at drive-through windows.
There were 50 bills advanced from second to third reading. Four of those bills were advanced to third reading with the right to amend including Senate Bill 537, which would relate to workers’ compensation and Senate Bill 677, which would require certain corporations to provide members and managers’ names upon request.
The following committees will meet tomorrow:
Labor – 9:00 a.m. – 208W
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
The Senate will reconvene tomorrow at 11:00 a.m.
House Completes Legislative Action on Special Hunting and Fishing License
In an afternoon split session, the House received a message from the Senate that they passed House Bill 2795 with an amendment. The House unanimously passed the amended bill which would create a special hunting and fishing license for persons with a life-threatening condition who are under 21. This bill is the fifth piece of completed legislation during the 79th Regular Session.
Nine bills were voted on this afternoon, all of which passed to the Senate. If you knowingly file false information with the Secretary of State you would be charged with a misdemeanor according to House Bill 3194. Litterbugs beware, House Bill 3197 would authorize municipalities that have adopted anti-litter ordinances to appoint special litter prevention officers. These officers would have authority to issue citations, summonses and sign complaints. Condemnation commissioners would get a raise from $50 to up to $200 a day if House Bill 3224 becomes law.
A hefty 40 bills were on second reading including: House Bill 2868 which would create and maintain the West Virginia Autistic Children’s Trust Fund. It would also create a tax credit for contributing to a trust fund for the future support of an autistic minor. House Bill 3051 would provide immediate family members and funeral directors with veterans’ death certificates at no cost.
The House will reconvene at 10 a.m. tomorrow.
House Recognizes Late Delegate Proudfoot, Several Bills Unanimously Advance
The House session started with a somber tone today. Members adopted House Resolution 46 which commemorated the life of the Honorable William D. “Bill” Proudfoot. He represented the 37th District for 18 years, until his passing on December 23, 2008. Members of Proudfoot’s family (Lynn Currence Proudfoot pictured) were presented with a copy of the resolution and the House extended its sympathy at the passing of one of their beloved colleagues.
Eighteen bills were presented on third reading today and all of them passed to the Senate for its consideration. Twelve of those passed unanimously.
House Bill 2133 would increases the penalties for littering. The minimum fine for depositing less than 100 pounds of litter would increase from $50 to $100. The Supreme Court would be required to increase the mandatory community service sentence from eight to 16 hours. If the offender deposits over 100 pounds of litter, the Supreme Court would be mandated to sentence the person to 24 to 40 hours of community service.
House Bill 2415 would identify salvia divinorum as a hallucinogen and add it to the list of controlled substances. Any person who possess a material, compound, mixture or preparation intended for human consumption which contains salvia divinorum would be guilty of a misdemeanor and jailed up to six months and/or fined $1,000.
House Bill 2538 would provide a framework for distributing legislative funds to supplement alternative language education programs for limited English proficient students.
After discussion from several members, House Bill 2747 passed 72-28. The bill would create a temporary reinvestment fee for health insurers, third party administrators and others to assist in funding health information technology in the state. The bill specifies the various fee options and clarifies that all health insurers contribute equally to the West Virginia Health Information Network Account (WVHIN).
The following committees will meet today:
Government Organization- 1:15 p.m.- 215E
The following committees will meet tomorrow:
Banking and Insurance- 10 a.m.- 215E
Health and Human Resources- 4 p.m.- 215E
The House is in recess until 2:30 p.m. when they will finish voting on the nine bills that remain on third reading.
Total Number of Bills to Pass the Senate Reaches 135
The Senate passed 33 bills in this morning’s session. As of 12:30 p.m. 135 bills have been passed in the Senate and sent to the House for consideration.
Of those bills passed, Senate Bill 142 would make changes to the Tourism Development Act, such as providing text credits for a small scale tourism development project or an auxiliary tourism facilities development project .
Senate Bill 488 would require parental or legal guardian consent for minors between the ages of 14 and 17 to use a tanning device. Minors under the age of 14 would have to be accompanied by a parent or legal guardian.
Senate Bill 719 would allow police officers to keep their service weapon upon retirement.
Husband and wife duo, Matthew and Karen Bright of Newburg, West Virginia, played guitar and sang for the Senate. They performed an original composition, “The Hills of West Virginia Calls Me Home,” which they wrote based on their strong feelings for the state of West Virginia.
The following committees will meet today:
Banking and Insurance – 2:00 p.m. – 208W
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
The Senate is in recess until 5:00 p.m.
Senate Passes 16 Bills in Evening Session, 35 Bills Advance to Third Reading
During a 5:00 p.m. session of the Senate, members passed 16 bills, bringing the total number of bills passed by the Senate to 102. Of those bills passed, Senate Bill 554 would require registered sex offenders to pay a registration fee of $25, which would be deposited in the West Virginia State Police Retirement System.
Senate Bill 483 would establish the Caregivers Consent Act, allowing for a caregiver who is not a parent, legal custodian or guardian of a minor, to consent to health care for a minor through an affidavit.
Senate Bill 470 would regulate the use of a utility-terrain vehicle on the Hatfield-McCoy Regional Recreation Area.
Thirty-five bills were advanced to third reading. Of those advanced, Senate Bill 488 would require parental consent for persons under age 18 to use a tanning device or facility. Also, a person under the age of 14 would be required to be accompanied by a parent or legal guardian.
The following committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
Government Organization – 10:00 a.m. – 208W
Transportation and Infrastructure – 10:00 a.m. – 451M
Rules – 10:45 a.m. – President’s Conference Room
Banking and Insurance – 2:00 p.m. – 208W
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
The Senate will reconvene tomorrow at 11:00 a.m.
Live Classical Music Ushers in the Week as Senate Passes Four Bills
The Senate passed four bills upon third reading today. Senate Bill 15 would limit the liability of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of park and recreation commissioners and owners of land used for public parks and recreation purposes in the event that injury, loss or damage is caused intentionally or by negligence by someone who is not an agent or employee of any of these institutions. Senate Bill 56 would award a bonus to teachers who are recipients of a National Board for Professional Teaching certificate. Senate Bill 333 would base the ratio of students pursuing a nursing career on the school’s total net enrollment. House Bill 2795 would create a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
The Montclaire String Quartet from the West Virginia Symphony Orchestra performed several compositions in the Senate chamber this morning before session began. The quartet performed a majestically sweeping rendition of West Virginia’s state song, West Virginia Hills. Members of the quartet were: (top, from left) Amelia Chan, Margie Cooper (bottom, from left) Sandra Groce and Andrea Digregorio.
The following committees will meet today:
Banking & Insurance – Immediately upon adjournment – Senate Chamber
Government Organization – 1:00 p.m. – 208W
Agriculture – 2:00 p.m. – 208 W
Pensions – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
The following committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
The Senate is in recess until 5:00 p.m.
House Passes Bill Granting Salary Bonuses for Renewed Teaching Certificates
Seven bills were presented on third reading today and all passed on to the Senate for its consideration. This makes the total number of bills passed in the House to date at 109. Some of the bills passed today include: House Bill 2753 would continue the Design-Build Pilot Program of the Division of Highways until June, 2011. The bill would amend the pilot program to allow ten additional special projects. It specifies that an aggregate total of $150 million would be expended by the Division of Highways for the projects.
House Bill 2957 would develop a program to collect the name, longitudinal and latitudinal data of all cemeteries within West Virginia through the WVU county cooperative extension services. Once implemented, extension workers, along with members of local 4-H organizations, would collect the data with GPS devices. They would provide the data to the Historic Preservation Section of the Division of Culture and History, which would serve as a repository for the information.
House Bill 2967 would encourage teachers who have achieved a National Board for Professional Teaching Standards Certificate to renew their certifications when they expire after 10 years. The bill clarifies that the $3,500 bonus would be paid to teachers with a renewed certificate in each year it is valid. It also authorizes a reimbursement of the renewal certification fee (currently $1,150) for teachers who complete renewal.
Twenty-six bills were on second reading today, and 41 were on first reading. House action is picking up as legislative deadlines have passed and are approaching. The 47th Day deadline passed yesterday and bills were due out of committees in their house of origin. This ensures three full days of reading before the April 1 cross-over deadline.
The following committees will meet today:
Judiciary- 1:15 p.m.- 410M
Health and Human Resources- 4 p.m.- 215E
The House will reconvene at 11 a.m. tomorrow.
Four Bills Move in House Evening Session
The House reconvened at 5 p.m. to vote on legislation, advance the reading of bills and receive reports from committees. House Bill 3192 would require reports to the Governor from state agencies to be made available electronically. House Bill 3196 would declare certain claims against the state and its agencies to be moral obligations of the state. House Bill 3208 would include the hours of training county board members have acquired on the county report card. All of these bills passed unanimously.
House Bill 3340 would require the Higher Education Policy Commission, WV Council for Community and Technical College Education and State Board of Education to establish and maintain a longitudinal student data system and share education data. Federal Stimulus funds are available for states that use data to improve student achievement. Educators and Policymakers can use the system to analyze and assess student progress from early leaning programs, through post-secondary education and into the workforce.
The Finance and Judiciary committees reported dozens of bills to the floor this evening. Government Organization reported one bill, House Bill 2388. It would redefine the authority of the Racing Commission. The bill would increase members from 3 to 5, and change the qualifications for members. It would also create the position of Director of Racing.
Eight bills were presented on second reading such as: House Bill 2767 which would change the membership of the PEIA Financial Board; House Bill 2747 would create a temporary reinvestment fee for health insurers, third party administrators and others; and House Bill 2753 relates to the continuation of the Design-Build Program.
The House will adjourn until 11 a.m. on Monday.