Senate Bill 216 will continue the Women’s Commission through July 1, 2008 unless sooner terminated, continued or reestablished. The Women’s Commission is funded through the West Virginia Department of Health and Human Resources.
Senate Bill 244 relates to state-chartered banks’ investment limitations. Unless waived in writing by the commissioner, a state-chartered bank may not invest or otherwise expend more of its capital and surplus calculated at the end of the previous calendar year on permitted activities on an aggregate basis, together with any of its approved financially related products and services than would be allowed for a national bank providing the same services.
Senate Bill 270 will make it so after July 1, 2006, when a vacancy occurs among the executive officers of state banking institutions the Banking Commissioner will list all state banking institutions according to each bank’s asset size and then divide the list into three groups so that there is an equal number of banking institutions in each group. The vacancy will then be filled from the appropriate group to ensure that each group has a representative on the board.
Senate Bill 370will add equipment, machinery, implements, vehicles, supplies, crops and livestock used to engage in commercial farming to property that is exempt from taxation in relation to farming equipment and livestock.
Senate Bill 454 will remove the Commissioner of Insurance as the attorney in fact for health maintenance organizations (HMO) for service involving process purposes. An attorney in fact is a person who holds power of attorney, and therefore is legally designated to transact business and execute documents on behalf of another person.
Lengthy debates, committee meetings and floor sessions where legislation is passed are what most people envision when they think of a state Legislature. West Virginia’s Legislature is authorized, under the State Constitution, 60 days a year to meet and pass laws necessary to govern our state. Special sessions can be called by the Governor if deemed necessary and interim meetings are held throughout the year, but the visible realm of the Legislature exists in those 60 days. Yet when these two months are up and the media’s attention is drawn elsewhere, the job of a legislator is not finished.
West Virginia has a citizens’ legislature, one that is comprised of our neighbors and colleagues, who are compelled to enter a life of public service. Because they serve in a part-time Legislature, lawmakers have other occupations outside of the Capitol. And from bus drivers, farmers and coal miners to attorneys, nurses and insurance agents, lawmakers truly represent the diverse population and personalities of all West Virginians.
When lawmakers leave the Capitol to return to their communities and jobs, their commitment to public service does not end. In many ways, it begins over again. Connecting with their constituents is at the heart of a legislator’s job, offering a pleasant break from the strict rules of procedure that govern committee meetings and floor sessions.
“You could stay on the road just attending meetings,” said one Senator, who has served in the Senate for 25 years.
Attending local governmental meetings, school functions, receptions, and visiting senior centers and the Boys and Girls Club, to mention a few, are a big part of how lawmakers stay involved in their communities and connect on a personal basis with their constituents.
According to one of the longest serving members of the House, there are numerous council meetings, boards of education meetings and special issue meetings on a local level that state legislators from the area attend throughout the year.
The Delegate views answering constituents’ questions and addressing their problems as the biggest part of a legislator’s job once he/she has left session.
“If a person takes the time to stop and talk to me about a problem, I certainly have the time to talk to them. Or if they take the time to write to me I certainly have the time to answer that letter, whether I call or write back. That is just a part of my job,” said the Delegate.
Both lawmakers have noticed the changes in the Legislature during their years of service. The advancement of technology and the prevalence of Internet use have allowed people to be connected daily to legislative activities, eliminating many questions about the status of measures. They both see the increased ability for quick communication and information as a positive improvement. But the Senator points out that while it removes frequent inquiries on the status of legislation, it opens new avenues of questions as constituents want to know the reason for a bill’s status.
“The [legislative] process is a thorough one, but it is not a quick one,” the Senator said.
The public sees some bills pass in a day, such as with the mine safety legislation this year. But under normal legislative circumstances, following rules of procedure would mean at least a week for a bill to pass one chamber, after it has left a committee.
Another change the Senator observed is that the public seems to feel more connected to their lawmakers with the increased use of e-mail and the Internet.
Legislators are not just the representatives of the districts they serve, but are frequently the only face of government people see. “The public see us as the go-between from them to all governmental agencies,” said the Delegate.
Legislators are public figures, a persona they do not leave in the Capitol when session ends and they walk out the doors and down the steps.
“You do get approached when you are just out with your family. But it just goes with the job. As the elected representative for our areas, we are the voice for the people of our district, and people want to make sure that voice is echoing their thoughts,” the Delegate noted.
When working with constituents, one of the largest misconceptions lawmakers run across is a general lack of understanding of the entire legislative process. Many people, when they come to observe the floor session, are taken aback by the lack of debate on individual bills, not realizing that the serious debate, work and reworking of bills happens in committees, observed the Delegate.
“Constituent relations is almost an educational process too,” said the Delegate, a former educator.
“In general people don’t realize the necessary collaborative process between the House and the Senate,” the Senator observed. “The Senate is not responsible for making all legislation nor is the House.”
“The public often seems to think that the job of a legislator is only part-time, which technically it is, but it is part-time through the entire year, not just 60 days a year,” said the Delegate. “It is commonly thought that we only work 60 days and the rest of the time we have nothing to do.”
The year round aspect of a lawmaker’s job is a time of preparation, allowing them a chance to live and experience the problems in the areas they represent, talk with constituents and gain important insight on issues. Then, when the yearly session rolls around, lawmakers have a clear vision of the agenda for their area.
The year-long commitment by delegates and senators is not something that is entered into lightly. Many of the lawmakers are drawn to these positions from the love of working with the public on a daily basis.
After retirement from a career as an educator, “I just wasn’t ready to quit,” said the Delegate. “A lifetime as an educator gave me a good background to work in the Legislature. In education you feel that you are a servant, helping young people solve their problems. That is what I do now, just on a larger basis.”
As of 4 p.m. Wednesday, February 22, the 43rd day of the 2006 Regular Session, 774 bills have been introduced in the Senate. Sixty-three bills have been passed by the Senate and sent to the House for its consideration. The following bills are a sampling of those passed by the Senate since Thursday, February 16:
Senate Bill 47 would require that a governing body or a planning commission couldn’t discriminate in regard to housing. Moreover, they would not be able to require a factory-built home or its owner to obtain a permit. However, the provisions of this bill would not exempt factory-built homes from meeting the structural requirements of a historic preservation district.
Senate Bill 112would establish an Alzheimer’s Disease Registry to be housed at West Virginia University. This registry would serve as a central information database for Alzheimer’s disease policy and planning. The registry would provide a central database of individuals with Alzheimer’s disease or related disorders. The information collected for this registry would be confidential, and no publication of information could be made that identifies the patient by name.
Senate Bill 183would allow members of Lions International to receive special registration plates. To receive such a plate, Lions members would be required to prove that they are members of Lions International. The Division of Motor Vehicles (DMV) would charge an application fee of $10 as well as those fees that are already required by law. This special fee would compensate the DMV for additional costs and services required for issuing a special registration. These fees would be collected by the DMV and deposited in a special revolving fund to be used for the administration of this section.
Senate Bill 223would change the manner in which health care and insurance agencies are examined by increasing the times that inspectors, such as insurance agents and health care entities, have to respond to reports from the Insurance Commissioner. The Commissioner previously had one year to respond, but the provisions of this legislation would require that at least once every five years they would be required to visit each health care corporation and examine its financial condition and business methods.
Senate Bill 236 would expand the definition of child abuse so it includes parental alcohol and substance abuse. These new provisions are defined as being an “imminent danger to the physical well-being of the child.” The definition would be expanded to include: abusing parent(s) or guardian(s) who have habitually abused or are addicted to alcohol, controlled substances or drugs to the point where they are unable to exhibit proper parenting skills.
Senate Bill 439 would strengthen the one-call system requirements for excavation work in the vicinity of pipelines by increasing the number of emergency response agencies to be notified in the event of resulting damage. An added provision to this legislation would require the operator of an underground facility to notify the excavator that the operator went to the site but did not leave a temporary marking of the location of underground facilities because there were no lines in the area of the proposed excavation or demolition. Another added provision would require that each intended operator report immediately to the appropriate medical, law-enforcement and fire prevention authorities about any break or leak in underground facilities. This provision also states that any damage to the facility that is made during the excavation be reported as well.
Senate Bill 467 would modify the employee group requirements for group life insurance. The provisions in this legislation would provide that the premium for group insurance policies be paid from the employer’s funds or from funds contributed by the insured employees. They could also be paid collectively by both. The provisions of this legislation would conform to the National Association of Insurance Commissioner’s model language.
Senate Bill 468, which relates to group accident and sickness insurance requirements, would remove the provision that stated if the premium is paid by the employer and employees jointly, then the group would not make up less than 70 percent of all employees or not less than 75 percent of all employees of any class or classes as they are determined by the conditions of employment.
Senate Bill 548 would define “basic universal design” to mean the design of products and environments that are usable by all people, to the greatest extent possible, without the need for adaptation or specialization as it relates to the basic universal design features.
Senate Bill 614 would add that after providing a 30 day notice to employees, the State Auditor would have the ability to provide electronic notification of payment for all direct deposit recipients. With this provision, an employee would have the ability to choose to receive electronic notification 30 days before the electronic notification is regularly made. This choice would have to be clarified by an employee on a form provided by the Auditor. This would be made effective July 1, 2006.
Senate Bill 631 would clarify the warrant and complaint process when a parent or guardian fails to comply with school attendance laws and a magistrate finds probable cause to believe that a guardian has committed an offense. This legislation would add that more than one legal guardian could be charged in a complaint. Initial service of a summons or warrant would be attempted within 10 calendar days upon receipt.
Senate Bill 632 clarifies electioneering communications, including definitions. This bill would exclude candidates for federal offices from the requirement to disclose electioneering communications. Moreover, the provisions of this legislation would not prohibit a corporation from directly communicating with its stockholders and executive personnel and their families on any subject.
Senate Bill 634 would exempt certain projects of West Virginia University and Marshall University from the Design-Build Procurement Act. The provisions of this legislation would require that a project consist of the alteration of a building(s). Some criteria that a higher education institution must meet to be exempt from the requirements of the Act would include: if the development agreement provides that all construction contracts require the payment of prevailing wages and that all costs of design and construction can be financed and paid for by the developer.
Senate Bill 635would require that boards of education take out flood insurance on certain buildings that they own and the buildings’ contents. Any building that is within the identified flood hazard area on a flood hazard boundary map, labeled as a regulatory 100 year flood-plain and has a replacement value greater than $300,000, would be required to be insured by a board of education.
As of 4 p.m., Wednesday, February 22, the 43rd day of the 2006 Regular Session 1,370 bills have been introduced in the House of Delegates. Of those, 89 have been passed by the House and sent to the Senate for its consideration. Some of the bills that passed the House this week and have been sent to the Senate are:
House Bill 2548 would establish the Diabetes Care Plan Act to set up care plans for students with diabetes by county boards of education. School nurses would develop an individual care plan for any student diagnosed with diabetes, involving the parents, teacher, student and other appropriate school personnel.
House Bill 3258 would permit the sale of nonintoxicating beer within a certain distance from a church only with consent from that church. The license to sell nonintoxicating beer within 300 feet of a church may be refused if the church notifies the Alcohol Beverage Control Commissioner, in writing, that they object to the operation and location of the business.
House Bill 4075 would dedicate money to the Regional Jail Partial Reimbursement Fund in the State Treasury. For every fee for service received in any criminal case against any respondent convicted in circuit court, the court clerk would, at the end of each month, pay $40 into the Regional Jail and Correctional Facility Authority Fund, $5 into the Court Security Fund and $30 into the Regional Jail Operations Partial Reimbursement Fund.
House Bill 4116would reflect the changes in today’s timber market by raising the amount that timber in a Wildlife Management Area may be sold without a sealed bid. The price would be raised from $500 to $5,000.
House Bill 4120 would allow water service to be terminated if there are delinquent sewer bills where service is owned and operated by a homeowners’ association or privately owned public utility.
House Bill 4243 would change the threshold by which a vehicle is determined to be totaled. When calculating the damage cost, this bill would not allow the replacement cost for the air bag restraint safety system to be included.
House Bill 4272would remove Class Q licensees from the entitlement on a Class BG (big game) stamp. The stamp allows for hunting of deer during archery and muzzleloader seasons, and bear, turkey and boar during their respective seasons.
House Bill 4283 would give preference to West Virginia veterans in the awarding of competitive bids for state contracts. A successful bid would be awarded to an individual resident who is a veteran and has lived in-state for four years if they do not exceed the lowest qualified bid from a nonresident vendor by more than 3.5 percent of the latter bid. A bid also would be won for completing the project if at least 75 percent of the vendor’s employees are residents of West Virginia for at least two years.
House Bill 4291 would allow a court to deny custody to a parent if they subjected another child or any child residing in the same household or under temporary custody to abandonment, torture, chronic abuse or sexual abuse. This would protect not just the child subject to the abuse, but any other child living in the residence as well. The same would apply if a parent were to commit murder, manslaughter or serious bodily injury to a child.
House Bill 4406 would remove the requirement to evaluate certain classroom teachers at least every three years. Teachers with five or more years of experience who have not received an unsatisfactory rating or evaluation would be excused from being evaluated unless the principal determines it necessary or if the teacher requests it.
House Bill 4470would update the definition of the Medicare Supplement Policy. The policy would not include Medicare advantage plans established under Medicare Part C, outpatient prescription drug plans established under Part D, or any health care prepayment plan (HCPP) that provides benefits.
House Bill 4481would establish policies for using ballot-scanning devices for tabulating election results. The use of these devices would be permitted, provided: the county would need at least one precinct ballot-scanning device in each precinct; no print out or tabulation results could be done at the precinct; the tabulation memory device could be removed only after the polls close and the votes could only be counted at the central counting center on the night of election; all voters at the precinct would be required to use the ballot scanning device as a condition of completing their vote; and, if the optical scan ballots from each of the precincts are counted at the central counting center on election night and the results from that count are published on election night. Then, the county could turn off the over vote switch on the central counting device since every ballot would have been evaluated for over votes by the precinct scanning device.
House Bill 4482 would provide for the filing of affidavits of heirship with deed records and require that the estate be administered before the heirs can deed the property to someone else. If an estate involving an interest in real property passes to a decedent’s heirs, then a copy of the affidavit would be recorded by the clerk of the county commission and indexed in the general index of deeds in the name of the decedent.
House Bill 4483would make the use of a fictitious name with intent to misrepresent the geographic origin or location of a business an Unfair Trade Practice. This bill would protect against deceptive trade practices of services or product suppliers in print advertisements and from calls to local telephone numbers being rerouted or forwarded to a business location that is outside the state of West Virginia.
Senate Bill 505 will extend the time for the Fairmont City Council to meet as a levying body to put forth an election to the voters of the city for a municipal excess levy. The time frame for this election has been extended until May 19, 2006. The excess levy, if approved by the voters, would provide funding for the operation, maintenance and repair of the streets and roadways of Fairmont.
House & Senate Clerks House Clerk Gregory Gray (left) and Senate Clerk Darrell Holmes (right) have been integral components of the West Virginia State Legislature for many years. Each day, Gray and Holmes work diligently to provide a variety of services that help to ensure an efficient and well-managed legislative process. (Photos: Martin Valent & Shane Evans)
Each day while the House and Senate are in session, lawmakers follow parliamentary procedures, sometimes so routinely, they do so without thinking about the specific rules and structure involved in holding a floor session.
However, House Clerk Gregory Gray and Senate Clerk Darrell Holmes think more about this process during each session than anyone else, not only because it is their job, but also because of their love for the legislative process and their role in it.
“Rules of procedure provide a road map, a framework for the sessions,” House Clerk Gray said. “Someone has to direct the process for people to follow.”
Gray and Holmes lead the members of the House and the Senate during each session by serving as custodians of the official records, keeping the Journal, preparing the electronic voting systems, assisting in taking the count of votes and supervising the clerical business of the houses.
Both Clerks are nominated and elected every two years by the members of the chamber they serve.
Members of the House of Delegates first elected Gray in 1996 and have continued to elect him for 10 years. Gray first came to the West Virginia Legislature in 1973, when he worked under former House Clerk, C.A. Blankenship. His duties included a variety of tasks, including file clerk, messenger, proofreader and gopher.
“Something I will never forget about my responsibilities was that I had to make sure the coffee pot was always fresh,” Gray said.
In his first years of service, Gray was greatly influenced by the House Parliamentarian Oshel Parsons, who took him under his wing. Parsons stressed the importance of the record, proofreading, committee assignments and, according to Gray, he instilled the importance of respecting the House as an institution.
“He [Parsons] told me once that it didn’t matter what they did on the floor, as long as the record is correct,” Gray said. “Because when we’re long gone, it’s the record that stays here – not us.”
When Parsons passed away in 1978, Gray became the House Parliamentarian. Upon his election to House Clerk in 1996, Gray combined the two positions into one because he said he believes the two positions are important to the duties of the House Clerk.
Gray is responsible for 75 part time employees during the regular session and special sessions. When the Legislature is not in session, he oversees 49 full time employees.
Another major responsibility for Gray when the Legislature is not in session is preparing, organizing and distributing the Acts of the Legislature – one of the largest publications printed by the West Virginia Legislature. Published each year, the book is the official record of all bills passed by both houses that have become law and resolutions adopted.
While the House Clerk is responsible for proofreading the bills and resolutions published in the Acts of the West Virginia Legislature, Gray said they only perform grammatical edits, never making a correction that would change the meaning of the law.
Senate Clerk Holmes also has a long history of service in the West Virginia Legislature. Before being elected to the position in 1989, Holmes had 15 years of legislative experience.
In 1974, he was elected to the West Virginia House of Delegates as a representative from Kanawha County. After serving in the House for eight years, Holmes continued his political career in the Senate, where he served until 1989.
While Holmes had served as a lawmaker from 1974 to 1989, his passion for the legislative process lead him to becoming the Senate Clerk, a position Holmes says he has truly appreciated over the years.
“It has been an experience I have enjoyed,” Holmes said. “After serving in the Senate I thought it would be interesting to be here full time.”
One aspect of the job Holmes says he loves most is meeting lawmakers from different districts across the state.
“Each member comes from a different environment and has their own personality,” he said. “It makes each session unique and memorable.”
Holmes explained he has enjoyed learning the positive and negative effects about proposed measures. He also said that all legislation that passes might not have a direct impact on the entire state, but it does have an important effect upon a certain district.
“I can read legislation and have my opinion, but it is enjoyable to hear both sides,” he said. “No matter what legislation is introduced, someone is influenced by it tremendously.”
While the Senate is in the regular session or a special session, Holmes oversees 110 part time employees; however, when the Senate is not in session, he is responsible for 39 full time employees.
The Senate Clerk also is responsible for the other major publication printed by the West Virginia Legislature. Each year, the West Virginia Blue Book is produced by the Senate Clerk’s Office. It is a detailed guide of the year’s officials in the executive, legislative and judicial branches of state and federal government. The book includes the Constitutions of both the United States and West Virginia, as well as information on state and federal agencies, counties, municipalities and other organizations.
Holmes said he also enjoys his duties when the Legislature is not in session, including arranging visits for groups and meeting with them once they arrive to discuss the legislative process.
For more than 30 years, both Holmes and Gray have played a role in the legislative process, an experience neither one would change.
“It has been tremendous to have been here since 1974,” Holmes said. “Very few people have the privilege to serve the Senate.”
As Holmes continues to perform a duty he considers a privilege, Gray also continues to be grateful for his position as House Clerk.
“I like my job a lot,” Gray said. “I cannot imagine anything I would rather have done.”
As of 4 p.m., Wednesday, February 14, on the 36th day of the 2006 Regular Session, 586 bills have been introduced in the Senate. Thirty-seven bills have been passed by the Senate and sent to the House for further consideration. The following six bills were passed by the Senate since Thursday, February 9:
Senate Bill 270 would continue Board of Banking and Financial Institutions and regulate the qualifications for members chosen to represent the public on the board. After July 1, 2006, when a vacancy occurs among the executive officers of state banking institutions, the commissioner would divide all of the state banking institutions, according to asset size, into three equal groups. The replacement would be selected from the appropriate group to ensure that each group has a representative on the board. One member would be an executive officer of a financial institution other than a banking institution, while the other two members would represent the public; neither of whom would be an employee, officer, trustee, director or stockholder owner of five percent or more of the outstanding shares of any financial institution.
Senate Bill 462 would require the filing of all interstate compacts and information relating to compacts with the Secretary of State’s Office. The proposed law would grant 90 days for a commission, an agency, or a person administering the compact to properly file with the Secretary of State.
Senate Bill 473would create a new offense of reckless driving when the incident causes serious bodily injury. Serious bodily injury would encompass all bodily injury that creates a high risk of death, causes serious or permanent disfigurement, or causes the loss or functional impairment of any bodily member or organ.
Senate Bill 505would extend time for the Fairmont City Council to present to voters of the city an election for a municipal excess levy that would provide funding for the operation, maintenance and repair of the streets and roadways in the city between March 27 -28 and the third Tuesday in April until May 19, 2006.
Senate Bill 556would amend a current law that relates to state parks and operational contracts for recreation systems. The amendment would require legislative notice and legislative approval of a proposed contract location between the director of a state park or recreational system and the contractor.
Senate Bill 557 would remove the requirement for the construction of the Shady Spring Turnpike Interchange and restore tolls to their prior rates.
A Sampling of Bills Introduced In The Senate
Senate Bill 540 would make it a felony offense to solicit another person, or group of persons to commit a violent crime. A person found guilty of this crime would face 3-15 years in prison if the violent offense solicited is punishable to life imprisonment. If the violent offense solicited is punishable by a term that is less than life imprisonment, the person found guilty of soliciting the violent crime would face between one and three years in prison and/or fined no more than $5,000.
Senate Bill 543 would create the “Asbestos and Silica Compensation Fairness Act.” The aim of this bill is to create guidelines for asbestos and silica claims, to provide for the fair and efficient judicial consideration of personal injury and wrongful death claims from asbestos or silica exposure, and to ensure that individuals who suffer from illnesses caused by exposure to asbestos or silica receive just compensation.
Senate Bill 547relates to acceptable state Internet use policies. The proposed bill would require the Secretary of the Department of Administration to propose a rule implementing acceptable use standards for the Internet by public employees. The bill would prohibit public employees from doing the following while using state owned computers and communication devices: sending, viewing, or downloading explicit material and participating in private business purposes, political purposes of a partisan nature, campaign purposes or services for personal gain.
Senate Bill 550relates to landline telephone service contracts. Currently in the State of West Virginia, landline telephone companies use automatic contract renewals for their consumers. This proposed legislation would provide standards for landline telephone contracts that would require telephone companies to issue new contracts to customers upon expiration of the initial term of the contract, or allow the current contract to renew on a month-to-month basis. The legislation also would provide that contracts that have been renewed automatically could be terminated without incurring fees or fines for ending the contract.
Senate Bill 561 would create a misdemeanor offense for the interference of the medical treatment of an injured railroad worker. A railroad company convicted of this misdemeanor would be fined no more than $10,000 for each violation. A person convicted of this misdemeanor would be fined no more than $10,000 for each violation and/or confined to jail for no more than one year.
Senate Bill 564 would create the Berkeley County Litter Control pilot project. The project would be a volunteer-based program ran by the Berkeley County Commission that would coordinate all industry and business organizations seeking to aid in litter control and recycling.
Senate Bill 565 would authorize educational benefits for the spouses of certain deceased persons who were killed during military service. Tuition fees would not be charged to eligible applicants attending any state education or training institution. The Spouse Educational Opportunities Benefit Account would be funded by appropriations made by the State Legislature, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any public or private source.
Senate Bill 567would create the Energy Policy and Development Act. This Act would establish the Division of Energy and the position of the Executive Director, who would coordinate governmental activities intended to develop an energy policy and a development plan that would include innovative alternative and traditional sources of energy.
Senate Bill 571 relates to the pay of National Guard members. The bill would set the salary of the Adjutant General at the pay and allowance of an officer of the same rank on active duty. The bill also would set a minimum base pay for members of the National Guard and provide tuition payment for the cost of post-graduate courses of members.
