Sunday, May 4, 2025
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In the House

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As of 4 p.m., Wednesday, February 27, 2008, the 50th day of the 2008 Regular Session, 1,345 bills have been introduced in the House. Of those, 174 have passed the House and sent to the Senate for consideration. These include:

House Bill 2739 would require county clerks to provide three free certified copies of a veteran’s death certificate to family members or dependants.

House Bill 4023 would deny or revoke driving privileges for teenage drivers who misbehave or are not meeting satisfactory attendance standards in high school. Students would have to make satisfactory progress toward graduation, not have more than 10 consecutive or 15 total unexcused absences for the current semester and the past semester and not have more than 10 days of suspension during the current semester and the past semester to be eligible for a driver’s license.

House Bill 4047 would prohibit the use of a cell phone, text-messaging or other wireless electronic communication devices while operating a motor vehicle. Exceptions include when the vehicle is parked or stopped on the berm of the road, in case of an emergency, when using a hands-free device, or when the person is a law enforcement officer or an emergency services personnel operating an emergency vehicle. Those in violation would be fined $25 and this could only be enforced as a secondary offense.

House Bill 4134 would prohibit the sale of cigarettes in packages with fewer than 20 in anything besides the original factory-wrapped packaging. The bill also would require posting federally mandated warnings on all cigarettes sold. A person or business found in violation would be charged with a misdemeanor penalty and fined $250.

House Bill 4132 would prohibit employers from mandating captive meetings or sending communications to employees regarding political issues not related to the employee’s job duties. If an employer disciplines or penalizes employees who refuse to participate in a mandated meeting, the employee can file a lawsuit.

House Bill 4364 would make various changes regarding motor vehicle dealers. The Department of Motor Vehicles would be able to enter into agreements with other states to permit out-of-state dealers to issue and transfer vehicle registrations for West Virginia purchasers. This bill would also increase the bond required of applicants for dealer licenses from $10,000 to $25,000 and require licensees seeking renewal to have sold at least 18 vehicles during the preceding year.

House Bill 4368 would allow a school principal to transfer a student who has been excluded from a classroom, school or school bus for a second time during a single semester for disruptive behavior to an alternative learning center. The bill would also establish a Bill of Rights and Responsibilities for Students and School Personnel.

House Bill 4406 would require the State Board of Education to include the duration of one-way school bus transportation in their transportation standards. Under the bill, elementary school children would have a recommended one-way transportation time of less than 30 minutes. Middle school students would be recommended to travel no more than 45 minutes and high school students would be recommended to travel one-way for less than an hour beginning July 1, 2008. The bill would also prohibit, in certain circumstances, the creation of a new bus route for students in grades Pre-K through 5 that exceeds the elementary school wait-time limit by more than 15 minutes unless the State Board of Education receives permission.

House Bill 4418 would require the West Virginia Health Care Authority to establish an Infection Control Advisory Panel. This panel would implement a system for state hospitals to report health care associated infections based upon Center of Disease Control guidelines.

House Bill 4472 would prohibit a county board of education from declaring a position vacant and posting a job opening sooner than 10 days following the death of an individual who was employed in that position.

House Bill 4476 would permit the state to enter into agreements with private entities to construct and improve transportation facilities.

House Bill 4477 would require the State Board of Education to develop and administer a program to fund the exam fee for individuals seeking their GED. The State Board of Education would be required to include the program’s eligibility requirements.

House Bill 4496 would permit some members of the Teachers’ Defined Contribution System (TDC) to transfer their assets to the State Teachers Retirement System (TRS). Only those who were actively contributing to the TDC by December 31, 2007, would be able to vote in the election to transfer. At least 70 percent of those who actively contribute must vote yes during the May 2008 election to enable the transfer. If approved, individuals will receive 75 percent of the service credit they earned in the TDC.

House Bill 4527 would allow county commissions to regulate subdivisions and land development by creating a planning commission instead of a comprehensive plan.

House Bill 4624 would provide a per diem pay of $50, plus mileage and expenses, for individuals who drive veterans to hospitals that are more than 30 miles from their home or local Veteran’s Affairs office.

House Bill 4628 would allow qualified employers who create new full-time, permanent jobs that pay at least $32,000 per year and provide benefits to claim the Economic Opportunity Tax Credit.

House Bill 4637 would create the Broadband Deployment Council under the West Virginia Infrastructure and Jobs Development Council that would develop a strategy and mechanism to extend broadband internet service to every West Virginian. The council would be authorized to provide consulting services to broadband deployment projects, apply for grant funding, and perform other necessary activities.

House Bill 4670 would permit the Public Employees Insurance Agency to charge employers 2.5 percent interest per year on premiums not paid on time.

Constitutional Rule Suspended for 4 Senate Bills

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Senate Bill 505 and Senate Bill 715 were reported out of the Finance Committee. The constitutional rule requiring a bill be read on three separate days was suspended for the bills, they were read three times and sent to the House for consideration.

The Judiciary Committee reported Senate Bill 712 out on second reading, and, with the constitutional rule being suspended, the bill was read a third time and sent to the House for consideration. In addition, the constitutional rule was suspended for Senate Bill 736, which was read three times, passed by the Senate and sent to the House.

Four bills from the House, House Bill 4364, House Bill 4628, House Bill 4676 and House Bill 4677 were taken up for immediate consideration and read a first time.

The following committees will meet today:
Finance – 1:15 p.m. – 451M

The Senate is in recess until 1:30 p.m.

Common Legislative Myths Examined, Exposed and Even Busted

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The legislative process is surrounded by a number of misconceptions, or myths. One such myth is that all lawmakers are also lawyers, and this is far from the truth. Members of the 78th Legislature come from all walks of life and work in a variety of professions.

Myth: All lawmakers are also lawyers
West Virginia has a part-time legislature, unlike some other states, where legislating is a full-time profession and legislators are unable to have a job outside of their position at the statehouse. What many people do not know, however, is that when not in regular legislative session, members of the West Virginia Legislature go back to their everyday lives and occupations. While several members are indeed lawyers, only about 14 percent of the legislators this session practice law. An equal percentage of members are currently or formerly educators, and the most commonly listed occupation for members is businessperson. Other occupations represented in the Legislature include doctors, pharmacists, farmers, insurance agents, engineers, school bus drivers, accountants, construction workers, public relations specialists and a mortician.busted

Myth: Anyone can introduce a bill
Anyone can bring an idea for a bill or resolution to a member of the Legislature, but only a member can officially introduce it. If a person were to seek changes in the law, he or she, or the group must contact their lawmakers for sponsorship. Once introduced, a bill or resolution is referred to a committee by either the Speaker of the House or the Senate President.

An example of this process in action is exhibited by a resolution that would name the Timber Rattlesnake as the official reptile of West Virginia. This idea came from a West Virginia eighth grade classroom, showing that everyone can participate in the legislative process at some level. plausibleMyth: Lawmakers only work 60 days a year
While it is true that the regular legislative session is 60 days long, lawmakers work for the House and Senate in one capacity or another throughout the year.

After the regular session, lawmakers continue to meet in order to pass the budget. Many bills that pass during session impact the budget. For this reason, the Legislature must meet to calculate the total financial implications of all the bills passed during the regular session.

Delegates and senators also participate in interim meetings three days a month when the Legislature is not in regular session. During these meetings, committees conduct and review studies as well as work on drafting legislation for the upcoming session.

The Governor may also call members of the Legislature into special session. The Governor may call a special session at any time of the year; however, lawmakers can overrule the request, though this is very rare. Special sessions are actually quite common. The last year in which there was not a special session called was 1995. These “extraordinary” sessions are typically called to address unique circumstances such as natural disasters or special circumstances that arise while the Legislature is not in session.

Finally, members’ contact information is available to the public, and they are constantly working with constituents, answering questions and fielding requests.bustedMyth: A person must be at least 25 years old to be a state legislator
This slight misconception likely stems from the fact that in order to be a member of the U.S. House of Representatives, a person must be at least 25 years old and to be a member of the U.S. Senate a person must be at least 30 years old. In state government, however, a person must only be eligible to vote to be a member of the House of Delegates and 25 years old to be a member of the Senate. The members of the 78th Legislature represent a wide age range, with the youngest member of the 78th Legislature being 23 years old, and the oldest member being 77 years old.plausible

Though there may be more misconceptions regarding the legislative process, it is important to understand that knowledge is valuable. Additional information is available at the Legislature’s Web site, www.wvlegislature.gov

Senate Passes Legislation to Grant Power to Board of Pharmacy Facilities

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The Senate advanced 36 bills on second reading to third reading. Senate Bill 248 would provide that West Virginia will not participate in the “REAL ID Act of 2005” enacted by the United States Congress in Public Law 109-13. In addition, Senate Bill 286 would provide personal immunity from civil liability for adult protective services workers and child protective service workers for acts, errors or omissions that occurred during the course of their official duties.

Senate Bill 667 was read a third time and passed this evening. This bill relates to policemen’s and firemen’s pension and relief funds. Senate Bill722 was amended and read a third time. This bill passed the Senate and would require that the Board of Pharmacy have oversight over free clinics that provide pharmaceutical services. Senate Bill 758 was laid over one day.

Committee Substitute for Senate Bill 693 was read for a first time and would create a senior resident lifetime hunting, fishing and trapping license.

The following committees will meet tomorrow:
Energy, Industry and Mining – 9:00 a.m. – 208W
Finance – 9:30 a.m. – 451M
Energy, Industry and Mining – 10:00 a.m. – 208W

Pensions – 1:00 p.m. – 451M
Judiciary- 3:00 p.m. – 208W

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

Six More Bills Passed During Evening Session in House

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Members of the House voted and passed six more bills today. These bills include House Bill 4637, which would create the Broadband Deployment Council that would develop a strategy and mechanism that would extend broadband to every West Virginian, and House Bill 4677, which would reduce the requirement that the Director of Personnel must have five years experience in personnel management.

There were eight bills moved from House Calendar to Special House Calendar that were advanced to third reading. House Bill 4664 was also on third reading and laid over.

The following committees will meet tomorrow, February 27:
Rules – 10:30 a.m. – Speaker’s Office
Constitutional Revision – 2:00 p.m. – 410M

The House is adjourned until 11:00 a.m. tomorrow.

House Passes 16 Bills on Third Reading, Two Laid Over

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During the afternoon session, the House passed 16 bills on the House Special Calendar that will now be considered in the Senate. This includes House Bill 4611, which would update the safety rules and regulations pertaining to walkways along rail tracks.

House Bill 4534, which would permit a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves, and House Bill 4618, which would regulate the business of viatical settlements, were on third reading and were laid over for one day.

The following committees will meet today:
Rules – 4:15 p.m. – Speaker’s Office

The House is in recess until 4:30 p.m.

Senate Bill Reducing Corporation Net Income Tax Rate Laid Over One Day

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In the afternoon session, the Senate passed an additional 20 bills and sent them to the House for consideration. Among these bills, Senate Bill 653 would permit the sales of life, accident or sickness insurance over the Internet. In addition, Senate Bill 779 would prohibit the spending of hotel occupancy proceeds between February 1, 2008 and July 1, 2009 to those convention & visitor’s bureaus and regional travel councils not in existence and engaged in business in West Virginia as of February 1, 2008. This brings the total bills passed by the Senate today to 37.

Senate Bill 667, Senate Bill 722 and Senate Bill 758 were placed at the foot of the bills on second reading. Also, Senate Bill 680, which would reduce the Corporation Net Income Tax rate effective January 1, 2009 was laid over one day.

The following committees will meet today:
Judiciary – 3:30 p.m. – 208W
Natural Resources – 5:00 p.m. – 208W

The following committees will meet tomorrow:
Finance – 9:30 a.m. – 451M
Energy, Industry and Mining – 10:00 a.m. – 208W
Pensions – 1:00 p.m. – 451M
Government Organization – 2:00 p.m. – 208W

The Senate is in recess until 5:30 p.m.

House Adopts Resolution to Honor Former Member

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Today, the House adopted House Resolution 27, which honors the lifetime achievements of former Delegate Richard Lee Shwartz.

Members of the House voted to pass 24 bills that were on third reading on the House Special Calendar. These bills included House Bill 4406, which would establish standards for the duration that students may ride one-way on a school bus. Elementary students would be limited to 30 minutes on the bus, middle school, junior and intermediate students to 45 minutes and high school students to 60 minutes. Another bill, House Bill 4418, would establish a statewide system for hospitals to report their infection rate.

The following committees will meet today:

Rules – 2:00 p.m. – Speaker’s Office

The following committees will meet tomorrow, February 27:

Agriculture and National Resources – 9:00 a.m. – 215E
Pensions – 10:00 a.m. – 460M
Industry & Labor, Economic Development & Small Business – 1:00 p.m. – 215E
Roads and Transportation – 2:00 p.m. – 215E
Political Subdivisions – 3:00 p.m. – 215E
Health & Human Resources – 4:00 p.m. – 215E

The House is in recess until 2:30 p.m.

Senate Passes Bill Establishing the West Virginia Research Trust Fund

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Two communications received from the House of Delegates, House Bill 4074 and House Bill 4368, were taken up for immediate consideration and read a first time. The Finance Committee reported six bills that were read a first time, the Judiciary Committee reported one bill taken up for immediate consideration and the Interstate Cooperation Committee reported one bill read a first time.

The Senate also adopted Senate Resolution 24 which honored Jack L. Miller, former member of the House of Delegates (1960-62) as well as former Senator (1962-69). He also served as Commissioner of Finance and Administration from 1969-1970.

17 Senate bills on third reading were passed and sent to the House for consideration thus far with Senate Bill 594 being laid over one day. One of the bills advanced, Senate Bill 101, would exempt nonprofit companies who provide electricity from paying property tax. In addition, Senate Bill 287, would establish directed research endowment funds at Marshall University and West Virginia University to help promote research, scholarship and economic development. This bill would provide that private donations are matched by the allocation and distribution of money from the new West Virginia Research Trust Fund.

The Senate is in recess until 1:00 p.m.

School Uniform Incentive Pilot Program Advanced to Third Reading

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In the evening session of the Senate, 37 bills on second reading were advanced to third reading. One of these bills, Senate Bill 65, would create a school uniforms incentive pilot program that would allocate $100,000 to the state board to provide funding for up to 10 public elementary schools that meet certain criteria and adopt school uniform policies. This funding would be used to benefit the school and the students in ways such as school safety, new playgrounds, school equipment purchases and other beneficial ways. Senate Bill 680 would reduce the Corporation Net Income Tax rate beginning after December 31, 2008.

The Senate received additional committee reports this evening. The Finance Committee reported out seven bills that were taken up for immediate consideration and read a first time. The Finance Committee also reported out Senate Bill 248 on its second reading.

The Judiciary Committee reported out eight bills that were taken up for immediate consideration and read a first time. Senate Bill 316 was re-referred to the Judiciary Committee. Four bills reported out of the Government Organizaton Committee were read a first time.

The Energy, Industry and Mining Committee reported out Senate Bill 706 on its second reading.

The following committees will meet tomorrow:
Finance – 9:30 a.m. – 451M
Transportation and Infrastructure – 10:00 a.m. – 451M
Education – 2:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
Finance – 3:30 p.m. – 451M
Education – 5:00 p.m. – 451M

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