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In the House

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

(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

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

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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

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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

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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.

Bill Passed Would Potentially Save State Money , 11 Bills Advance to Third Reading

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Today in the House, one bill passed, bringing the total number of bills passed by the House to 61. 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.

Eleven bills were advanced to third reading today. Of those bills advanced, 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.

Today, the House recognized the Wildcats baseball team from Logan High School. The team was presented with a formal citation from the Speaker of the House, recognizing their outstanding accomplishment in winning the State AA Championship in 2008.

The following committees will meet today:
Finance – 1:00 p.m. – 460M
Judiciary (Subcommittee A) – 1:15 p.m. – 410M
Government Organization – 1:30 p.m. – 215-E
Education – 2:00 p.m. – 434M
Judiciary – 2:00 p.m. – 410M
Judiciary (Subcommittee C) – Following 5:00 p.m. session – 410M

The following committees will meet tomorrow:
Agriculture – 8:30 a.m. – 215-E
Banking and Insurance – 10:00 a.m. – 215-E
Political Subdivisions – 10:00 a.m. – 460M
Constitutional Revision – 2:00 p.m. – 418M
Senior Issues – 3:00 p.m. – 215-E
Federal Stimulus Utilization – 4:00 p.m. – 460M
Health and Human Resources – 4:00 p.m. – 215-E

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

Senate Holds Brief Session to Meet Bill Introduction Deadline

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The Senate reconvened at 5:00 p.m. today to hold a floor session to introduce bills because today was the deadline to introduce certain bills on the Legislative Calendar. Forty-four bills were received this evening, making the total of bills introduced so far this session 758.

Of these bills, Senate Bill 729 would establish the 21st Century Economic Development Fund. Senate Bill 736 would relate to the Community and Technical College at West Virginia University Institute of Technology. Senate Bill 750 would relate to teacher certification and shortages.

The Senate also received reports from standing committees and will reconvene tomorrow at 11:00 a.m.

House Meets in Evening Session to Receive Finance Reports

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The House met today at 5:00 p.m. for a brief session, where they received reports from the House Committee on Finance. The reports included 9 bills that are under consideration by the committee.

One bill was also introduced during the session. House Bill 3339 , would facilitate the complete closure of the EPA Services Landfill, otherwise known as the “Gwinn”, located in Summers County. The bill would have the director of the Solid Waste Management Board set the closure as a top priority use of Solid Waste Facility Closure Cost Assistance Fund moneys.

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

Senate Celebrates Two West Virginians for Lifelong Accomplishments

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The Senate adopted two resolutions celebrating the lives and accomplishments of two West Virginians today. Senate Resolution 38 recognizes Patrolman First Class Ryan Nelson Bentley, who recently suffered a gunshot wounds in the line of duty in Huntington. Senate Resolution 39 recognized Estil L. Bevins, former Senate Sergeant At Arms and former Mayor of Williamson.

Nine bills were passed in the Senate today. Of these, Senate Bill 521 would include telecommunications devices as jail contraband and Senate Bill 75 would establish alcohol use by minors as a juvenile delinquent offense. These bills will be taken up for consideration in the House in the coming weeks.

19 bills were presented on second reading today. Among these were Senate Bill 399, which would create a senior hunting, fishing and trapping license and Senate Bill 648, which would require manual vote counting in certain counties. Senate Bill 581 would permit 16-year-olds to donate blood with parental consent. Senate Bill 648 and Senate Bill 581 were held over for a day, and will be presented again on the calendar for Tuesday.

10 bills were presented on first reading today. Senate Bill 249 would relate to the annual school calendar. Senate Bill 293 would create a felony offense of unauthorized practice of certain health care professions. These bills have been advanced to second reading, to be presented tomorrow.

Today was the last day to introduce bills and 52 bills were received today. This brings the total of bills that have been introduced in the Senate since the beginning of this session to 714. Senate Bill 680 would establish a 2010 calendar year average motor fuel wholesale price. Senate Bill 709 would relate to the prevention of predatory lending practices.

The following committees will meet today:
Natural Resources – 1:00 p.m. – 208W
Pensions – 2:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
Judiciary – 9:30 a.m. – 208W
Government Organization – 10:15 p.m. – 208W
Transportation and Infrastructure – 10:00 a.m. – 451M
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 has recessed until 5:00 p.m.