Blog – Page 353

House Has Passed Over 60 Bills to Date

House Floor Session

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March 25, 2009

Today in the House, seven bill passed, bringing the total number of bills passed by the House to 68. Of those bills passed, House Bill 2413 would raise the upper level age restriction for new hires for certain law enforcement agencies from thirty-five to forty-five years of age.

House Bill 2771 would require contractors to submit documentation that they have complied with the requirements of this article prior to the final payment for their work is made. This bill would define that a contract under this section would have a price floor set at $50,000. The bill would also not require employees who must submit to federal Department of Transportation drug testing to submit to further drug testing under this article. The bill requires a contractor to submit at least once a year documentation to the awarding agency on its drug-free workplace policy.

The following committees will meet today:
Federal Stimulus Utilization – 4:00 p.m. – 460M
Health and Human Resources – 4:00 p.m. – 215-E

The following committees will meet tomorrow:
Judiciary – 9:00 a.m. – 410M

The House is in recess until 5:00 p.m. today.

Vol. XX Issue 6

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March 25, 2009

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House Bill 3083 Passes Senate, Reduces Age Limit For Blood Donation

Senate Floor Session

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March 25, 2009

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Today, the Senate passed 10 bills. House Bill 3083 was passed, making it the fourth bill to complete legislative action this session. It would permit blood donations by sixteen-year-olds with parental consent. Senate Bill 493 also passed, which would transfer the central registry for head injuries to the Center for Excellence in Disabilities. Senate Bill 249, which would relate to the annual school calendar, is to be a special order of business during the evening floor session. Senate Bill 493 and Senate Bill 249 will be sent to the House for consideration.

Six bills were presented on second reading today. Senate Bill 436 would update terminology relating to surface mining reporting requirements. Senate Bill 648 would require manual vote counting in certain counties. Only five were advanced to third reading, as Senate Bill 581 was recommitted to the Judiciary Committee.

Twenty-five bills were presented on first reading today. Senate Bill 55 would limits Social Security number requirement in securing state services. House Bill 2795 would create a special hunting and fishing license for persons with a life-threatening condition who are under 21 years of age. These bills have been advanced to second reading, to be presented tomorrow.

The Senate adopted three resolutions today. Senate Resolution 41 celebrates West Virginia Automobile Dealers Day. Senate Resolution 42 congratulated the Lady Bobcats basketball team of Summers County High School for winning the 2009 Class AA championship. Senate Resolution 43 recognizes Behavioral Healthcare Providers Association and Association of Alcoholism and Drug Abuse Counselors.

The following committees will meet today:
Confirmations – 1:15 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The Economic Development Committee will meet immediately after the 5:00 p.m. session.

The following committees will meet tomorrow:

Finance – 9:00 a.m. – 451M
Judiciary – 10:00 a.m. – 208W

Health and Human Resources – 1:00 p.m. – 451M
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
Education – 5:00 p.m. – 451M

The Senate is in recess until 5:00 p.m.

In the Senate

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March 25, 2009

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As of 6 p.m. Wednesday, March 25th, 2009, the 43rd day of the Regular Session, 758 bills have been introduced in the Senate. Of those, 73 bills have passed and have been sent to the House of Delegates for its consideration. Some bills passed this week were:

Senate Bill 12 would provide an optional two-year registration period for motorcycles. The Division of Motor Vehicles (DMV) would offer this new option until July 1, 2010. This bill also authorizes the DMV to collect one to two full years of registration fees for motorcycles, depending on the length of the registration.

Senate Bill 249 would require the instructional school term to start on August 21 and would provide greater flexibility for county school boards to meet the 180-day requirement for the school year. The bill would also provide for the scheduling of an additional non-instructional days.

Senate Bill 279 would require industrial facilities to report emergency events within 15 minutes to the Mine & Industrial Accident Emergency Operations Center and local emergency services. This would include explosions, fires or chemical releases. After providing the initial report, the facility would provide additional information to appropriate government officials. When the industrial facility determines the affected area to be safe, the facilities would allow relevant government officials access to the area. This bill would impose a penalty of $100,000 for noncompliance. This bill would require the Director of Homeland Security to work with the DEP, the Fire Marshall and the State Emergency Response Commission to identify industrial facilities that do not submit risk management plans to the U.S. EPA.

Senate Bill 280 would repeal the Prison-made Goods Act of 1939 and create the Correctional Industries Act of 2009 to give inmates and juvenile offenders in correctional facilities a realistic work environment, pay prevailing local wages and enable them to acquire marketable skills. The bill would authorize the Commissioner of the Division of Corrections to enter into contracts with private sector entities for inmate labor to be provided through correctional industries. It would be mandatory that all state offices, departments, institutions and agencies purchase products made by correctional industries rather than purchasing the same products from other sources. The Commissioner would create catalogues and a web site containing the articles and products manufactured and would determine costs. The bill would make the sale of inmate made products on the open market a misdemeanor, except for arts and crafts.

Senate Bill 293 would specify the unauthorized practice of medicine as a felony. Upon conviction, persons would be fined up to $10,000 or imprisoned up to five years. The bill would also enhance criminal penalties where serious bodily injury results from such unauthorized practice. The bill defines serious bodily injury as substantial risk of death; prolonged disfigurement and impairment of health; or loss or impairment of a bodily organ. Convicted offenders would be fined up to $20,000 or imprisoned up to 10 years.

Senate Bill 384 would extend authority to the Secretary of Transportation in highway emergencies. The Secretary of Transportation and his or her designated personnel would respond to the incident to assist with the restoration of traffic flow or with the development and implementation of a traffic diversion plan. Once the scene is declared safe, the control of traffic will be transferred to the Department of Transportation or the appropriate law enforcement agency.

Senate Bill 399 would create lifetime hunting, fishing, and trapping license for senior citizens. The Class XS license would cost $15 and no other payments or fees would be issued. Persons 65 years old before January 1, 2010, are grandfathered in.

Senate Bill 489 would allow the Board of Banking and Financial Institutions to receive compensation for travel expenses. The board meets at least once in each calendar quarter although the commissioner can call additional board meetings with at least 24 hours notice. Members would be reimbursed for all reasonable actual expenses for attending meetings in accordance with the regulations of the State Purchasing Division.

Senate Bill 497 would designate the West Virginia Partnership to Promote Community Well-Being, as the single state planning authority for substance abuse prevention, intervention and recovery. The Partnership would establish a data-gathering system to monitor the social and financial impact of substance abuse in West Virginia. The Partnership would review state laws and rules that control drug and alcohol policies and make recommendations for legislation corresponding to the long-term substance abuse strategic plan.

Senate Bill 501 would prohibit animal euthanization by means of a gas chamber. This bill would allow any county that has a gas chamber in operation to continue to do so if it is operated by a certified animal euthanasia technician The gas chamber would also have to be manufactured, installed and serviced by a legitimate company.

Senate Bill 535 would allow municipalities and county commissions to set the closing times for bars to 2:00 a.m. This bill would require a county to designate the time to cease selling, giving or dispensing alcohol in bars within the area of the county, not within the limits of a municipality. Only a municipality could designate the time to cease selling, giving or dispensing alcohol in bars within the corporate limits of the municipality. This bill does not include racetracks.

Senate Bill 647 would allow any Class IV municipality, town or village to adopt an ordinance to authorize early voting for municipal elections by mail. A ballot packet would be mailed to every registered voter in that municipality at least three weeks before Election Day. The packet would include a secrecy envelope and detailed instructions, including how to properly mark the ballot and return it in the return envelope. Each ballot must be mailed or brought to the municipal precinct by the close of the early voting period.

In the House

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March 25, 2009

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As of 6 p.m. Wednesday, March 25th, 2009, the 43rd Day of the Regular Session, 1,340 bills have been introduced in the House of Delegates. Of those, 73 have passed and have been sent to the Senate for its consideration. Some bills passed this week were:

House Bill 2401 would provide for the expiration of the alternative minimum tax. The tax would be nullified and have no further effect for tax years after January 1, 2010.

House Bill 2541 would include poultry among those domesticated farm animals that would make the owner liable for damages those creatures cause on other peoples’ property.

House Bill 2952 would clarify that a terroristic threat is a felony regardless of intent to actually commit the threatened act. “Terrorist act” would be defined as an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to intimidate or coerce the civilian population. It would also include attempting to influence the policy of a branch or level of government by intimidation or coercion, affect the conduct of a branch or level of government and to retaliate against a branch or level of government for a policy or its conduct.

House Bill 2968 would require the State Fire Commission to propose rules for approval by the Legislature to provide standard safe practices for the design, construction, location, installation, maintenance and operation of liquefied petroleum gas systems, as established by the National Fire Protection Association Standard 58. Training standards and qualifications must also be provided for persons who install or maintain liquefied petroleum gas systems as established by the National Propane Gas Association’s Certified Employee Training Program.

House Bill 2413 would raise the upper level age restriction for new hires for certain law enforcement agencies from 35 to 45 years of age. This bill would allow for persons who are hired at age 45 to secure a 20-year tenure before retiring at age 65.

House Bill 2771 would require contractors to submit documentation that they have complied with state regulations prior to the final payment for their work. This bill would define that a contract under this section would have a price floor set at $50,000. The bill would also not require employees who must submit to federal Department of Transportation drug testing to submit to further drug testing. The bill requires a contractor to submit yearly documentation to the awarding agency on its drug-free workplace policy.

House Bill 2836 would establish zones of educational innovation that would enable faculty members to collaboratively create and implement initiatives that would have West Virginia schools meeting the needs of the 21st Century. Currently these improvements are restrained and/or restricted by policies issued by the state board or the West Virginia Code. With the passing of this bill, current restrictions would be repealed and schools would be able to begin implementation initiatives they see fit for the improvement of education.

House Bill 2884 would establish a public-private state long-term care partnership program with the purpose of reducing Medicaid costs for long-term care, by encouraging the purchase of private long-term care insurance policies. These private insurance policies would be covered under long-term care insurance partnerships with the state.

House Bill 2958 would increase the fines for a trespassing conviction to no less than $100 for the first offense, no less than $500 for the second offense, and no less than $1,000 for the third offense. Current law set the fines at $100 to $500 no matter which offense.

House Bill 3066 clarifies the supervision requirements for elevator apprentices under elevator safety. Under this law, a person would not be able to construct, install, alter, service, repair or maintain elevators or related conveyances covered by current law, unless he or she has a license issued by the Commissioner of Labor.

House Bill 3074 would allow the Secretary of State to notify people with delinquent taxes by way of certified mail. Currently, the Secretary of State is only authorized to carry out this action through registered mail. This bill would save the state $1,200/year.

House Bill 3086 would permit home incarceration supervisors to carry handguns in the course of their official duties. The bill would require that before such supervisors may carry handguns they must meet specialized qualifications established by the Governor’s Committee on Crime, Delinquency and Correction, including the successful completion of handgun training and a minimum of four hours of training in handgun safety. The bill also exempts these supervisors from handgun licensing requirements and states that supervisors are not law-enforcement officers.

House Bill 3229 would create the Science and Research Council. This council would be charged with increasing the capacity of the state and its state institutions of higher education to attract, implement and utilize cutting-edge, competitive research funds and infrastructure. The Science and Research Council would replace the EPSCoR State Advisory Council and would consist of 13 members.

Completed Legislation

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March 25, 2009

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(Week of March 18-25, 2009)

House Bill 3083 would allow 16-year olds to donate blood with parental consent. Under current law, 17-year olds can donate blood without permission of a parent or guardian.

Committee Work Serves As Cornerstone For State Law

Stephen Schelling

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March 25, 2009

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Committee Work Serves As Cornerstone For State Law

While most people would think the daily House and Senate floor sessions are where everything in the Legislature happens, the simple truth is they are only the culmination of an extensive, laborious and time-consuming process known as the committee system. If it weren’t for committees, little work would be accomplished because the time needed to knowledgeably analyze and comprehend the sheer amount of bills that come before the Legislature would be staggering and nearly impossible to achieve.

So what is a committee? Last week Wrap-Up focused on how bill drafting is the foundation of the bill process. Committees continue this process by building the rest of the house, right down to the shutters and the white-picket fence. They can also be where construction is halted and the house is demolished. This is why the committee system is so vital to the legislative process: it is where a bill either comes to life or remains dormant.

Committee meetings occur outside of the floor session and, while they are generally open to the public, the majority of people have rarely seen one in action making the true purpose of a committee appear to be a mysterious, behind-the-scenes mechanism for change. In reality, it is a simplistic approach to the complex needs of the Legislature.

Committees are divided by subjects such as agriculture or transportation, most of which are usually mirrored in both the Senate and the House. There are also specific committees to each body as well as a number of subcommittees that even further dissect proposed bills. The main purpose of a committee is to break down each individual bill that passes through its door, determine if changes should be made and whether it should be advanced to be voted on in the floor sessions. Bills are debated and amended during committee meetings. Often, representatives from all possible sides of an issue will attend these meetings and present their case, either for or against the proposed bill. This can influence how the committee will vote on a bill making it one of the most powerful opportunities for citizens to directly affect the outcome of a bill.

There are several benefits to this system. Because of committees, the massive amount of bills is broken down into manageable, easy-to-digest portions on which individual committees can place their full attention. If this weren’t the case, the House and the Senate would have to cover an enormous number of bills during each daily session. Committees distribute the work evenly, making the Legislature more efficient and more effective.

Another benefit of committees is that lawmakers develop a specialized expertise on issues surrounding their committee’s particular topics. By design, similar subjects arise every session before each committee allowing adept and familiar eyes to study each bill. For example, long-time members of the Senate Energy, Industry and Mining Committee would be more knowledgeable on solutions to energy problems because they have dealt with comparable legislation in the past. Because this work can be delegated to experienced committees, the process is further streamlined.

The four main committees in both the House and the Senate are Finance, Judiciary, Education and Government Organization. These and the rest of the committees meet several times during the week in the 60-day session. During the remainder of the year, interim committees meet approximately once a month for a three-day period with the purpose of studying important issues while the Legislature is not in session. These interim committees are called joint committees – joint, meaning members from both the Senate and the House – that help the Legislature come together in preparation for the forthcoming session by reviewing, researching and discussing possible legislation. This process provides a framework of potential bills to be introduced for each regular session.

Committees are intrinsically vital in ensuring a well-organized and effective legislature. The potential impact of a single piece of legislation to West Virginia’s citizens can be substantial. To safeguard the public trust, every detail of each proposed bill is researched and heavily scrutinized in committee – an oversight that allows only the most prudent legislation to make it into state law.

House Holds Evening Session to Receive Committee Reports

House Floor Session

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March 24, 2009

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The House met today at 5:00 p.m. for a brief session, where they received reports from the House Committees on Government Organization, Judiciary, and Education.

The House Committee on Government Organization reported 14 bills. Of those bills reported, House Bill 3195 would establish a funding mechanism for state aid for local health departments. The bill has passed through Government Organization and has been sent to the Finance Committee for further review.

The Judiciary Committee also reported 14 bills. Of those, House Bill 2241 would provide a misdemeanor penalty for violations of law and rules on credit card solicitation on college campuses. The bill has passed the Judiciary Committee and will be placed on the House Calendar.

The House Committee on Education reported 8 bills to the floor. House Bill 3123 would provide for the donation and transfer of personal computers and other information systems to the Department of Education when these commodities are being disposed of by state agency spending units. The bill has passed the Education Committee and will be placed on the House Calendar.

The House will reconvene tomorrow at 1:30 p.m.

The Art and Soul of the Mountains Fills the Capitol

Around the Capitol

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March 24, 2009

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In 1997, the West Virginia Legislature hosted the Southern Legislative Conference (SLC). While entertaining lawmakers from 13 Southern States, state lawmakers touted a conference theme entitled “The Art and Soul of the Mountains”.

In 2009, lawmakers continue to support the talents and inspiration of artisans and musicians, both young and old, whose diligence and love of craftsmanship and performing arts maintains the backbone of the state’s heart and soul.

Performing in the Rotunda during “Arts Day”, musicians from Capital and South Charleston High Schools’ Combined Orchestra, graced the rising dome with a classical repartee. The group recently returned from Atlanta, Georgia, where they participated in the 2009 National Orchestra Festival.

Steve Cassel, Tamarack Foundation member, provides an artistic insight into acrylic painting. The foundation is a statewide, independent, nonprofit organization whose mission is to stimulate a creative economy by providing small business training and support services to artisans in all 55 counties.

March Lawmaking Madness

Senate Floor Session

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March 24, 2009

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Today the Senate passed a number of bills, totaling a sweet sixteen. Among these were Senate Bill 399, which would create a senior hunting, fishing and trapping license and Senate Bill 526, which would relate to osteopathy post-doctoral training requirements. These bills will be taken up for consideration in the House in the coming weeks.

Thirteen bills were presented on second reading today. Senate Bill 535 would authorize municipalities and county commissions to set a closing time for certain bars. Senate Bill 328 would create the WV Transportation Finance Commission. House Bill 3083 would permit blood donations by sixteen-year-olds with parental consent.

Four bills were presented on first reading today. Senate Bill 436 would update terminology relating to surface mining reporting requirements. Senate Bill 650 would increase penalties for certain accessory after the fact crimes. These bills have been advanced to second reading, to be presented tomorrow.

Senate Resolution 40 was also adopted today, in honor of the Logan High School baseball team winning the 2008 Class AA State Championship.

The following committees will meet today:
Health and Human Resources – 1:00 p.m. – 451M
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
Education – 5:00 p.m. – 451M

The following committees will meet tomorrow:

Economic Development – 9:00 a.m. – 208W
Energy, Industry and Mining – 10:00 a.m. – 208W
Natural Resources – 1:00 p.m. – 208W
Confirmations – 1:15 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The Senate will reconvene tomorrow at 11:00 a.m.