In the Senate
As of 4 p.m., Wednesday, January 31, 2007, the 22nd day of the 2007 Regular Session, 416 bills have been introduced in the State Senate. Of those, 14 have passed the Senate and will now go to the House for its consideration. Some of the bills passed in the Senate and sent to the House this week are:
Senate Bill 148 would provide that breast-feeding is not considered public indecency. Previously, there was no such exception; under the letter of the law, breast-feeding would have been considered indecent exposure, punishable by a 90-day jail sentence and/or up to a $250 fine.
Senate Bill 205 would clarify language relating to domestic protection orders. The bill would include as any unwanted, non-physical communication with a protected person or child a violation of a protective order. This definition would cover phone, voice mail, e-mail and any other means of communication.
Senate Bill 217 would extend the time for the Piedmont City Council to meet as a levying body. The bill would allow the council to meet as such a body from March 7 to 28 and from April 17 to May 31.
Senate Bill 218 would make supplementary appropriations of federal funds to various state entities. Specifically, this bill would make appropriations to the Secretary of State’s Election Fund ($2.5 million), the Division of Motor Vehicles ($2,334,857) and the Supreme Court of Appeals ($400,000).
A Sampling of Bills Introduced In the Senate
Senate Bill 215 would provide tax deductions for interest paid on student and automobile loans. One may use the amount paid in interest on a loan for higher education or an automobile for personal use to reduce their federal adjusted gross income.
Senate Bill 334 relates to the employment of athletic or extracurricular activities’ coaches. Persons employed in the public schools as athletic or extracurricular activities coaches, but who are not regular professional employees, would continue to be employed in the same position without the position being posted if they have served in the position for three years and received satisfactory evaluations.
Senate Bill 338 would expand the number of newborn disease screenings from eight to twenty-nine, which is recommended by the March of Dimes and America Academy of Pediatrics. This expansion would be phased in over a two-year period.
Senate Bill 340 relates to procedure for authorizing branch banks. The Board of Banking and Financial Institutions and the Commissioner of Banking would determine whether a bank has a significant supervisory concern or raises a significant legal or policy issue before making the decision to establish a bank branch. The West Virginia Board of Banking and Financial Institutions and the Commissioner of Banking must apply standards that are similar to federal bank regulators.
Senate Bill 344 would require employees who sell alcoholic beverages to take alcohol awareness courses. Any employee who is hired on or after July 1, 2007, would be required to participate in the education and alcohol management program (TEAM), or other similar alcohol awareness education programs provided or approved by the commissioner, within 60 days of employment and every three years thereafter. Employees already employed must participate in the program by July 1, 2008.
Senate Bill 348 relates to mine trip cars used to transport miners to a working section. These would have to be maintained at the working section and would have to have sufficient capacity to transport all miners out of the working section in the event of an emergency.
Senate Bill 353 would reduce state vehicles’ petroleum-based fuel consumption through improvements in fleet fuel efficiency, the use of alternative fuel vehicles and the use of alternative fuels. The bill would see a goal to reduce fuel consumption for state-owned vehicles to 80 percent of their 2006 level by 2010 and for state subdivisions to 80 percent of their 2007 levels by 2015.
Senate Bill 356 would require licensing of plumbers and fire protection workers. The intent is to protect the health, safety and welfare of the public as well as public and private property by assuring that those who perform plumbing and fire protection are licensed by the State Fire Marshal.
Senate Bill 359 would allow public employees to have certain paid leave as a volunteer firefighter. State employees who are members of volunteer fire departments would receive paid leaves of absence during times when they are required to respond to emergencies during their regular work hours. The bill would allow up to 25 hours of paid leave in one calendar year.
Senate Bill 360 would extend the time that local levying bodies may meet. Each local levying body must hold a meeting or meetings between March 7th and 28th for business transactions. During the primary election, consideration for extending the meeting time will be on the ballot and will bill voted on.
Senate Bill 368 would enact the Food Security Act. This act would provide a tax credit for qualified donations, bargain sales of fee interest in real property or a conservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency.
Senate Bill 371 would exempt certain professional services from the consumer sales and service tax. These exemptions would apply to selling tangible personal property, custom software and the furnishing of all services, except professional and personal services.
Senate Bill 372 would provide automatic court-ordered transfers of marital property titles upon divorce. The court-ordered transfer would have to be filed with the county clerk who would then attach it to any applicable legal title to property.
Senate Bill 379 would establish criminal history checks for people applying to be a home state insurance producer. This bill would authorize the Insurance Commissioner to establish and collect fees and require applicants to submit fingerprints. The Insurance Commissioner could then transmit fingerprints to the State Police and Federal Bureau of Investigation. Certain records would be kept confidential.
Senate Bill 388 would establish the procedures for allocating the costs of medical support between the responsible parties in a child support order. This bill also would provide guidelines for setting the medical support, including premium costs.
Senate Bill 390 would provide a criminal penalty for a parent who engages in the manufacture, possession or distribution of a controlled substance while a child is present in the home. Any person who engages in this activity would be guilty of a felony and, upon conviction, would be imprisoned in a state correctional facility for 10 to 35 years.
Senate Bill 400 would create additional circuit judgeships consistent with recommendations from the National Center for State Courts. The judicial circuits that would be affected include: the 5th, 9th, 10th, 13th, 19th, 22nd, 23rd, 24th, 26th, 27th and 30th.
In the House
As of 4 p.m., Wednesday, January 31, 2007, the 22nd day of the 2007 Regular Session, 777 bills have been introduced in the House of Delegates. Of those, a total of 11 have passed the House and will now go to the Senate for its consideration. Bills passed this week include:
House Bill 2332 would clarify that magistrate courts have concurrent juvenile jurisdiction with the circuit court with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors. The bill would also give concurrent juvenile jurisdiction to municipal courts.
House Bill 2526 would allow acupuncturists to form professional limited liability companies (PLLCs). By code members of PLLCs are not liable for debts, acts, claims or omission of the PLLC or of the other members. The members must all be licensed professionals of the same or compatible practices, and the boards that license the members must promulgate a legislative rule to provide for procedures for the formation and approval of PLLCs.
House Bill 2698 would allow the Board of Barbers and Cosmetologists to increase fees for one year. No increased fee may exceed $100.
A Sampling of Bills Introduced In the House
House Bill 2435 would prohibit the possessing, importing, selling or offering of candy or fruit-flavored cigarettes in this state, provided the prohibition does not include menthol or regular tobacco cigarettes.
House Bill 2533 would create a Special Revenue Fund to be used for urban and rural mass transportation. The creation of the fund would increase the daily tax to be collected on rental cars, provided that 66 percent of the tax collected on rental cars would be deposited in the Special Revenue Fund.
House Bill 2541 would allow county commissions to adopt an ordinance to allow a single board of directors for emergency and fire services. The commission would have to determine the board of directors who would provide services in the best interest of the county citizens. The board would have all the powers, duties and responsibilities of providing fire and emergency medical services.
House Bill 2548 would authorize the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule. If a person would utilize the uniform bail schedule to post bond and obtain a release, the person would have to appear before a magistrate on the next judicial day. Failure to appear before a magistrate will result in forfeiting the posted bond and other penalties prescribed by law.
House Bill 2549 would create the Purchasing Improvement Fund to receive a share of rebates received from purchasing card vendors. The fund would allow the use of purchasing cards for regular routine payments, travel and emergency purchases.
House Bill 2550 would ensure the members of the West Virginia State Police, who are called back to work when off-duty, are compensated for those hours, and would guarantee a minimum of two hours pay or actual hours worked pay, whichever is greater.
House Bill 2557 would provide a two-tiered personal income tax credit for parents who provide home or private schooling for their children. A tax credit would be placed against the parent’s personal income tax of $500 per child for providing home schooling and $1,000 per child for providing private schooling.
House Bill 2565 would prohibit the delivery or distribution of illegal drugs to students inside of or within 1,000 feet of a West Virginia school. Violators would be found guilty of a felony and may receive a one to five year sentence in a state correctional facility.
House Bill 2567 would allow a political candidate to place campaign signs within highway rights-of-way, provided the sign is in the candidate’s political district, temporary, light-weight and meets a certain measurement requirement. The sign would be displayed 45 days prior and seven days after an election.
House Bill 2572 would allow the Commissioner of Health to prohibit the establishment of new methadone treatment programs and clinics after July, 1 2007, except those operated by comprehensive community mental health centers.
House Bill 2584 would dedicate a portion of the receipts from the tax food products to be distributed equally to each district of the Division of Highways. Effective July 1, 2007, the bill would allow secondary road maintenance including but not limited to: road repair, tar, chipping, gravel replacement, ditch cleaning and brush removal.
House Bill 2699 would provide inspections of primary and secondary schools by local boards of health may be reported to the principal of the school, county superintendent and president of the county school board. The bill would also provide inspections be reported to people of like responsibility in the case a private, parochial or church school is inspected. Inspection standards would be established by the Commissioner of the Bureau for Public Health.
House Bill 2700 would permit magistrates to carry concealed handguns without a permit. Under current code, circuit judges and prosecuting attorneys are allowed to carry concealed handguns without a permit.
House Bill 2718 would authorize table gaming activities in West Virginia at existing pari-mutuel racetracks if voted on and passed in local option elections.
House Bill 2756 would require any person incarcerated in jail to reimburse the county for costs incurred during the first five days of their jail stay.
House Bill 2764 would establish criminal history checks and fingerprint records for applicants of insurance producer licenses. The bill would authorize the Insurance Commissioner to establish fees, collect fees and submit applicant fingerprints to the State Police and Federal Bureau of Investigation. Certain records would have to be kept confidential.
House Bill 2773 would establish a recycling program for beverage containers to reduce litter across the state. The bill would require a dealer who regularly sells beverages in a returnable container to collect a 10-cent deposit, and in turn submit the deposit to the Department of Environmental Protection on a monthly basis.
House Bill 2777 would provide a 2.5 percent pay increase for teachers and school service employees for the 2007-2008 school year. The bill would also increase the annual bonus paid to classroom teachers who are nationally board certified from $2,500 to $3,500. The pay increase for service personnel will only occur if the person was employed by a county board of education Jan. 1, 2007 and still employed by Sept. 30, 2007.
Yesterday and Today: 75 Years Under the State Capitol Dome
The State Capitol has been located continuously in Charleston since 1932, and this July will mark the 75th Anniversary of the first meeting of the West Virginia Legislature under the dome.
The Capitol building itself, while operational for legislative sessions in 1932, was not fully architecturally complete. But, like the laws that govern our state, the building continues to be upgraded and maintained to ensure it stands as a source of pride for West Virginians.
Some 75 years ago, the Senate and House Chambers housed black walnut desks upon which each Senator and Delegate conducted their business. Lawmakers continue to conduct their business upon those same walnut desks except today they have the added benefit of laptop computers, wireless access and an electronic voting system.
But beneath this truly impressive integration of art and engineering, the hustle and bustle of the lawmakers and politicos still draw most of the attention.
The House and Senate Journals of 1932 quoted the 18th Governor of the state, William Conley, as he called the Legislature into an Extraordinary Session to take place on July 12th of that year, “You are indeed singularly honored to be the members of the first legislature to assemble in West Virginia’s new Capitol building,” he said. “It is my sincere belief that the same vision, thought and inspiration that guided those in planning and providing the funds for the erection of this magnificent edifice will guide you in your deliberations to the end that the legislation enacted by you will stand as a monument of relief to our citizens in similar manner as this building stands as a monument to the efforts of those who have made it possible.”
Despite the stretch of time, bills introduced today are similar to bills from many years ago. Roads and transportation were of common discussion, and legislation through the sessions has led to the interstate systems of today.
The same holds true for education. In 1932, members from the North-Central region of the state were focused on advancing our first land grant higher education institution, West Virginia University. Today, the Mountain State hosts 11 publicly funded colleges and universities that share the same ideals, practices and programs to ensure West Virginia scholars are equipped to meet the demands of the 21st Century.
Specific items on the agenda of the 1932 Extraordinary Session included delinquent land sales, fees for “feeding and keeping prisoners” and an emergency revenue measure to balance the state budget, and to “raise an additional sum of $500,000…to be applied to the relief of unemployment over a specified period.”
In comparison, the same issues addressed in the 1932 Special Session continue to be fine-tuned today. Presently, the 2007 Regular Session has already seen four bills introduced concerning property taxation, 23 measures introduced covering the state’s correctional system, two bills introduced regarding unemployment compensation, the state’s budget bill as well as 1,163 other pieces of legislation.
In essence the State Capitol Complex is not only a beautiful place, but ongoing development of West Virginia is also progressing there each day of the session. As the saying goes, the more things change, the more they stay the same. However, West Virginia’s foundation is being maintained and enhanced by today’s lawmakers who sit in the same chambers as those who served 75 years ago but who come equipped with 21st Century ideas.
West Virginia State Capitol Bell Stands as Symbol of Liberty
Far below the top of the Capitol dome, nestled in the courtyard flanked by the East and West wings, sits a rather modest bell. There is no tintinnabulation on the quarter-hour; no tolling for the turn of the day. The one-ton, 12-foot-around hunk of copper and tin sits silent most of the time. The only distinguishing mark is an inscription near its top:
PROCLAIM LIBERTY THROUGHOUT ALL THE LAND UNTO ALL THE INHABITANTS THEREOF LEV. XXV X. BY ORDER OF THE ASSEMBLY OF THE PROVINCE OF PENSYLVANIA FOR THE STATE HOUSE IN PHILADA
PASS AND STOW
PHILADA
MDCCLIII
On first glance, the words have little to do with the Mountain State. A quote from Leviticus 25:10. The names of the two foundry workers who recast the bell – John Pass and John Stow. The year 1753 in Roman numerals. But the bell sitting in front of the West Virginia Capitol is relevant, for it invokes the spirit of its counterpart in Philadelphia, the Liberty Bell.
The first time the Liberty Bell was rung in 1753, it cracked and had to be recast. After being recast yet again to restore the proper sound, it hung in the steeple of the Pennsylvania State House (now known as Independence Hall), where it would stay until the American Revolution. As the British approached Philadelphia, it was hidden under a church in a town north of there. After the war was over, it sat in storage for seven years until a new steeple was built. In 1787, after being rehung, it rang to celebrate the ratification of the new Constitution.
The hanging of the replica Liberty Bell in front of the Capitol was a little less eventful, but no less appreciated. The replica was one of 53 produced in France and given to the United States government in 1950. It was presented to the state that year in commemoration of a U.S. Savings Bond drive – “Save for your independence,” the campaign’s slogan instructed. When it was first brought to West Virginia, it toured the state until finally resting upon the grounds of the Capitol Complex. It once set on the steps on the north side of the Capitol but has since been moved to its present location.
The original Liberty Bell was rung as a way to mark special occasions, both celebratory and somber. Contrary to what the plaque above the replica at the Capitol says, many historians doubt that the Liberty Bell was rung in 1776 to celebrate the signing of the Declaration of Independence because the steeple was in disrepair. However, it did ring in 1775 to announce the Battle of Lexington and Concord – the Shot Heard ’Round the World. The Liberty Bell was used to mark the deaths of several Founding Fathers: Ben Franklin, George Washington, Alexander Hamilton, John Adams and Thomas Jefferson.
Likewise, the West Virginia bell tolls but seldom. Every year, it is rung on Martin Luther King, Jr. Day to honor the late civil rights leader. It has been used for somber events, such as the anniversary of the September 11 attacks. Its tone – identical to the one produced by the bell during the 18th century – rings loudest through silence, just as light shines brightest in darkness; a solemn reminder of West Virginia’s resolve in the face of catastrophe.
The West Virginia Liberty Bell does differ from the Philadelphia bell in one major regard. On Feb. 27, 1846, the original bell rang for hours in honor of George Washington’s birthday. As it rang, a crack that had previously been repaired reopened and rendered the bell unusable. The bell has never been rung since, but the crack has become a distinctive part of the Liberty Bell. The replica does not bear this crack but is instead based on the original design of the bell.
Reproductions of the Liberty Bell can be found throughout the nation and the world – there are replicas in Belgium, Germany, Israel and Japan. Many of these, like West Virginia’s, sit in or near capitol buildings and state houses. Each one bears the same message as the original and the replica in West Virginia:
“PROCLAIM LIBERTY THROUGHOUT ALL THE LAND.”
And so they oblige.
In the Senate
As of 4 p.m., Wednesday, January 24, 2007, the 15th day of the 2007 Regular Session, 208 bills have been introduced in the State Senate. Of those, five have passed the Senate and will now go to the House for its consideration. These include:
Senate Bill 138 would remove from state law a provision that would allow a magistrate, at the request of a defendant, to require the posting of security by a nonresident plaintiff to cover court costs.
Senate Bill 139 would clarify that name change petitions in circuit court family courts, are to be denied if the court finds the petitioner is seeking the name change for illicit reasons or has misrepresented any facts required to be verified in the petition to the court.
Senate Bill 140 would clarify that $10 of fines and fees collected in civil and criminal cases in magistrate court be deposited into the magistrate court fund.
Senate Bill 141 would provide that family court has jurisdiction over all petitions for sibling visitations.
Senate Bill 142 would provide a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix. Iodine matrix is considered to be a drug associated with the manufacturing of methamphetamine. Anyone who violates this is guilty of a misdemeanor and upon conviction may be fined up to $10,000. Provisions in the bill exempt a variety of professionals.
A Sampling of Bills Introduced In the Senate
Senate Bill 124 would give a tax credit to underground mine operators who purchase certain equipment intended to improve miner health and safety. The credit goes against the severance tax or the business finance tax for up to half of the cost of the equipment.
Senate Bill 130 would excuse active duty military personnel who are serving outside the state from paying ad valorem taxes, Latin for “according to value,” on one full or partly-owned motor vehicle. The serviceperson must be stationed outside the state on July 1 of the assessment year to qualify for the property tax exemption.
Senate Bill 133 would require health insurance companies to cover smoking cessation services and techniques in a beneficiary’s policy. Consultation, examinations, drugs, or counseling are among the techniques that must be included in the health plan coverage by this bill. Health Insurance companies are banned from imposing a deductible, co-payment, or other cost-sharing mechanism, or waiting period for any approved prescription or service. To ensure that these requirements are met, the Insurance Commissioner would oversee all complaints, and determine if a violation has occurred. In the event that an infraction is found, several penalties can be imposed, including a fine of $10,000, with an extra $10,000 for every 30 days the plan is still not in compliance; or a suspension of the health insurer’s certificate of authority.
Senate Bill 135 would change a current West Virginia law to include spouses of Army, Navy, or Marine personnel killed in action, or who have died as a result of illness resulting from their war service, to receive educational aide resources. Currently, state laws only provide this opportunity to the children of the personnel. The State Fund would give $5,000 each fiscal year that the child or spouse attends post-secondary education or a training institution, and would waive the tuition fee for spouses who meet certain qualifications. A spouse cannot be older than 40 and he or she must be listed as a West Virginia resident.
Senate Bill 137 would regulate the use of “black boxes” that are installed by motor vehicle manufacturers in newer models. A “black box” is a device that records vehicular data such as how fast a car is traveling, where it travels, steering and brake performance, and seatbelt status, and in the event of an accident this information is sent to a central communication system. This bill regulates who may retrieve or download the recorded information other than the owner of the vehicle. It may be recovered with the owner’s consent, a court order, by an auto technician for diagnostic or repair purposes, or by the manufacturer for the purpose of safety and impact research where the owner’s name is not disclosed.
Senate Bill 146 would provide a tax credit to medical providers in the amount equal to their expenditures on electronic medical records technology.
Senate Bill 147 would amend a current West Virginia Code that presently allows counties to call for a three percent Occupancy Tax. This bill would raise the amount to six percent of the retainer paid for the use or occupancy of a hotel room, and if passed, it would be effective on July 1, 2007.
Senate Bill 154 would authorize the West Virginia Secondary Activities Commission to create and inform the community about a mandatory drug testing program for student athletes. The Commission would have the ability to establish a procedure for appeal, publish a list of banned substances, and create a medical advisory board. Any student athlete who tests positive, refuses to test, or reports his or her own violation must forfeit any individual honor received while in violation and would not be eligible for sports until he or she has undergone counseling and produced a negative result.
Senate Bill 155 would give County Commissions the authority to establish a tax on alcoholic beverages sold at private clubs within their territory, as well as the authorization to establish a special account for the deposit of funds received from the aforementioned tax. Any tax determined by the County Commission cannot exceed 35 percent of the drink’s cost.
Senate Bill 160 would establish the Flood Protection Planning Council. The council would consist of five members, including the Director of the Division of Natural Resources, the Secretary of the Department of Environmental Protection, the Executive Director of the West Virginia Conservation Agency, the Secretary of the Department of Military Affairs and Public Safety, and the Secretary of Transportation; while giving each member the ability to appoint a designated replacement. An Advisory Committee with members from relevant state and federal agencies would assist the council in its duties. A Joint Legislative Oversight Commission on Water Resources would oversee and approve the expenses of the council.
Senate Bill 163 would make the destruction of a landlord’s rental property a criminal offense if the tenant were found to act with reckless disregard. If the damage is greater than $300 but less than $1,000, then the tenant would be charged with a misdemeanor and upon conviction could be fined up to $300 or up to six months in jail, or both. If the damage is greater than $1,000, then the tenant would be charged with a felony offense and upon conviction could be fined up to $1,000 or sentenced to jail from one to 10 years. This bill also establishes the use of video or photographic evidence of the destruction, in conjunction with credible and trustworthy testimony, as proof of the offense.
Senate Bill 167 would relate to requiring the Department of Health and Human Resources to develop in-state treatment facilities for children with special needs. Children respond better in treatment when families are involved.
In the House
As of 4 p.m., Wednesday, January 24, 2007 the 15th day of the 78th Legislature, 525 bills have been introduced in the House of Delegates. Of these, a total of seven have passed the House and will go to the Senate for its consideration. Some of the bills passed this week include:
House Bill 2141 would raise the age at which a person may request to be excused from jury duty from 65 to 70. This is an attempt to put jury duty practices up with our sexagenarian population’s increased vitality and our state’s aging populace.
House Bill 2285 would update the meaning of “federal adjusted gross income” and certain other terms used but not defined in the West Virginia Personal Income Tax Act. It would also establish that the term “taxable trust” does not include a medical savings account.
House Bill 2314 would update the meaning of “federal taxable income” and certain other terms dealing with the Internal Revenue Code and that relate to the calculation of a person’s income for federal income tax purposes.
House Bill 2315 would expand the types of crimes included for the preparation of a “Parole Hearing Notification Form.” This would also call for the parole board to notify the prosecuting attorney, among others, of the time and place at which a parole hearing will be held 45 days before that date.
A Sampling of Bills Introduced In the House
House Bill 2294 would require a certified expert to examine underground mines for hot spots which may have been discovered after any cutting and /or welding that has been performed in and around the area of an underground mine.
House Bill 2300 would allow the release of the name and identification of a juvenile adjudicated or convicted of a crime to the victim of that crime.
House Bill 2307 would authorize county commissions to use certain monies to fund the building and operation of libraries and to administer and provide affordable housing for individuals or families of low or moderate income.
House Bill 2311 would allow the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility. This would also allow provisions to provide that inmates be gainfully employed with local businesses as part of this job program within each jail.
House Bill 2380 would exempt the purchase of certain drugs, durable medical goods, mobility enhancing equipment and prosthetic devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans from the consumers sales and service tax.
House Bill 2383 would allow a school service mechanic to have experience training and certifications considered toward his or her pay. Also considered in a mechanic’s pay rate will be the years of experience, any special training as a mechanic or any specific certifications held by the mechanic.
House Bill 2390 relates to the definition of domestic animals and livestock, the purpose being to allow owners of nontraditional livestock such as deer, ostrich, llama, etc., to recover damages against the owner of any dog that kills or wounds such livestock.
House Bill 2392 would provide for the reexamination of drivers holding valid drivers licenses who are observed by police officers violating traffic laws or who appear to have caused accidents as the result of negligence or inadequate driving skill.
House Bill 2398 would amend certain provisions involving dental hygienists to allow them to perform their duties without direct supervision in the following locations: hospitals, schools, prisons, community clinics, long-term care facilities, nursing homes, home health agencies, group homes, state institutions under the Department of Health and Human Resources, public health facilities, and accredited dental hygiene education programs.
House Bill 2412 would create the Indigent Defense Commission to assist Public Defender Services with regard to the general operations of the agency, and to provide additional oversight of the costs and administration of the public defender corporations. This would also allow, among its provisions, public defender corporations to work with private attorneys to provide direct representation to eligible clients in the event that the corporation cannot provide representation themselves.
House Bill 2417 would require a mandatory alert when natural gas or other petroleum product pipeline facilities are observed to be in a damaged state that may endanger life, cause serious bodily harm or do damage to property during commercial activities in the area of pipeline facilities. The proposed legislation, additionally, provides civil and criminal penalties for violators.
House Bill 2422 would provide cost saving measures for the medical care for regional jail inmates. This bill would limit payments to outside medical service providers to amounts no greater than the reimbursement rate at issue under the Department of Health and Human Resources Medicaid Program.
House Bill 2434 would implement public employee acceptable use standards for the use of the Internet. It is designed to prohibit, among other things, public employees’ use of computer equipment and communications services that are the property of the state and for private business purposes, as well as for political purposes of a partisan nature including campaign purposes.
House Bill 2444 would allow police officers and Public Service Commission employees to issue citations of $250 to owners of railroad cars or equipment for blocking a public highway railroad grade crossing for twenty-five minutes or more, except when due to mechanical failure or accident.
Completed Legislation
(Week of January 17-24, 2007)
House Bill 2105 will extend the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits. The provisions expired on June 30, 2006. This bill will put the provisions back into effect by changing the expiration date to June 30, 2010.
West Virginia State Capitol Bell Stands as Symbol of Liberty
Far below the top of the Capitol dome, nestled in the courtyard flanked by the East and West wings, sits a rather modest bell. There is no tintinnabulation on the quarter-hour; no tolling for the turn of the day. The one-ton, 12-foot-around hunk of copper and tin sits silent most of the time. The only distinguishing mark is an inscription near its top:
PROCLAIM LIBERTY THROUGHOUT ALL THE LAND UNTO ALL THE INHABITANTS THEREOF LEV. XXV X. BY ORDER OF THE ASSEMBLY OF THE PROVINCE OF PENSYLVANIA FOR THE STATE HOUSE IN PHILADA
PASS AND STOW
PHILADA
MDCCLIII
On first glance, the words have little to do with the Mountain State. A quote from Leviticus 25:10. The names of the two foundry workers who recast the bell – John Pass and John Stow. The year 1753 in Roman numerals. But the bell sitting in front of the West Virginia Capitol is relevant, for it invokes the spirit of its counterpart in Philadelphia, the Liberty Bell.
The first time the Liberty Bell was rung in 1753, it cracked and had to be recast. After being recast yet again to restore the proper sound, it hung in the steeple of the Pennsylvania State House (now known as Independence Hall), where it would stay until the American Revolution. As the British approached Philadelphia, it was hidden under a church in a town north of there. After the war was over, it sat in storage for seven years until a new steeple was built. In 1787, after being rehung, it rang to celebrate the ratification of the new Constitution.
The hanging of the replica Liberty Bell in front of the Capitol was a little less eventful, but no less appreciated. The replica was one of 53 produced in France and given to the United States government in 1950. It was presented to the state that year in commemoration of a U.S. Savings Bond drive – “Save for your independence,” the campaign’s slogan instructed. When it was first brought to West Virginia, it toured the state until finally resting upon the grounds of the Capitol Complex. It once set on the steps on the north side of the Capitol but has since been moved to its present location.
The original Liberty Bell was rung as a way to mark special occasions, both celebratory and somber. Contrary to what the plaque above the replica at the Capitol says, many historians doubt that the Liberty Bell was rung in 1776 to celebrate the signing of the Declaration of Independence because the steeple was in disrepair. However, it did ring in 1775 to announce the Battle of Lexington and Concord – the Shot Heard ’Round the World. The Liberty Bell was used to mark the deaths of several Founding Fathers: Ben Franklin, George Washington, Alexander Hamilton, John Adams and Thomas Jefferson.
Likewise, the West Virginia bell tolls but seldom. Every year, it is rung on Martin Luther King, Jr. Day to honor the late civil rights leader. It has been used for somber events, such as the anniversary of the September 11 attacks. Its tone – identical to the one produced by the bell during the 18th century – rings loudest through silence, just as light shines brightest in darkness; a solemn reminder of West Virginia’s resolve in the face of catastrophe.
The West Virginia Liberty Bell does differ from the Philadelphia bell in one major regard. On Feb. 27, 1846, the original bell rang for hours in honor of George Washington’s birthday. As it rang, a crack that had previously been repaired reopened and rendered the bell unusable. The bell has never been rung since, but the crack has become a distinctive part of the Liberty Bell. The replica does not bear this crack but is instead based on the original design of the bell.
Reproductions of the Liberty Bell can be found throughout the nation and the world – there are replicas in Belgium, Germany, Israel and Japan. Many of these, like West Virginia’s, sit in or near capitol buildings and state houses. Each one bears the same message as the original and the replica in West Virginia:
“PROCLAIM LIBERTY THROUGHOUT ALL THE LAND.”
And so they oblige.