Blog – Page 391

In the House

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February 1, 2006

As of 4 p.m., Wednesday, February 1, the 22nd day of the 2006 Regular Session, 993 bills have been introduced in the House of Delegates. Of these 26 bills have been passed by the House and sent to the Senate for its consideration. The following nine bills were passed by the House since Thursday, January 26:

House Bill 2328 would give precedential application to written advisory opinions issued by the Ethics Commission’s Committee on Open Governmental Meetings. This bill would provide reliance on a written opinion of the West Virginia Ethics Commission Committee, making it an absolute defense to certain criminal actions.

House Bill 2424 would prohibit persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle. In the bill, the term “impersonate” includes, but is not limited to, falsely representing oneself as a public official or employee while operating a motor vehicle that displays a copy, imitation or reproduction of any official emblem, image, inscription, seal, sign, symbol, logogram or other official marking, connoting government sponsorship. Furthermore, the bill includes motor vehicles equipped with any flashing light, siren or other penetrating warning sound, or other apparatus or equipment generally recognized as being a device commonly associated with an official vehicle used by public officials or employees.

House Bill 4006 would add the counties of Mercer and Raleigh to the counties that participate in the Hatfield-McCoy Regional Recreational Authority. Currently, the participating counties are Boone, Lincoln, Logan, McDowell, Mingo, Wayne and Wyoming.

House Bill 4032 relates to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, from a participating employer who fails to timely pay amounts due. Delinquency surcharges approximating interest or earnings lost as a result of late payment would be assessed.

House Bill 4034 would remove the requirement that a no longer disabled employee must return to his or her former job. It also would permit administrative hearings before disability retirement termination; clarify procedures for re-application by disability retirants whose benefits were terminated for economic causes; clarify that the reinstatement interest factors would be used in error correction matters; and, specify that the board may terminate not only early retirement benefits, but also regular or disability retirement benefits of someone who has fraudulently obtained them. Current code establishes that such fraud is a misdemeanor with jail and monetary penalties.

House Bill 4047 relates to part-time prosecuting attorneys. The bill would make it so that a Class VI county that becomes reclassified as a Class V county, before July 1, 2010, would be able to maintain a part-time prosecuting attorney with the approval of the prosecuting attorney and the county commission. If the prosecuting attorney remains part-time, then the attorney would be paid at the Class VI county level.

House Bill 4052 would provide that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or by the prosecuting attorney.

House Bill 4068 would limit the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration. The person would not be eligible for consideration for release upon parole until the person has served a minimum of one full year imprisonment or until they are otherwise parole eligible, whichever is longer.

House Bill 4329 would continue the Division of Unemployment Compensation, until July 1, 2010, pursuant to the West Virginia Sunset Law. The Division of Unemployment Compensation provides temporary compensation to those unemployed workers meeting the eligibility requirements of West Virginia law.

A Sampling of Bills Introduced in the House

House Bill 4113 relates to the issuance of a special registration plate for veteran recipients of the United States Armed Forces Air Medal. This amendment is proposed in order to recognize and honor veterans who have earned a United States Armed Forces Air Medal.

House Bill 4122 would make owners and caretakers of a gravesite or cemetery not liable for accidents or injuries to others visiting a gravesite or cemetery. This proposed law would not apply to accidents or injuries that result from acts or omissions involving gross negligence or intentional acts by owners and caretakers.

House Bill 4070 would require property owners to disclose the previous existence on the property of a crystal methamphetamine lab. Failure to do so would render the sale, or the lease of the land voidable at the volition of the buyer, grantee, or lessee.

House Bill 4241 would prohibit a merchant from soliciting a customer’s telephone number during a purchase unless the information is required for a legitimate purpose.

House Bill 4277 would provide a process for public funding of elections for the Governor, Attorney General, Auditor, Commissioner of Agriculture, Secretary of State, Treasurer and members of the Legislature. The bill would establish the “Clean Elections Act,” which would create a voluntary system of public funding to qualified political candidates who agree to accept spending limits and do no other private fund raising. The State Election Commission would be responsible for administering the program. Both civil and criminal penalties would be provided for violations of the Act.

Rule-making Review Process Key to the Workings of State Government

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February 1, 2006

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Rule-making Review Process Key to the Workings of State Government

Capitol Dome Restored In October 2005, the final restoration of the Capitol Dome was completed and unveiled to the public. The project took two years to complete as workers made repairs inside the Dome and restored the exterior to its original form. The Dome, as it presently sits in the colors of gold and gray, has been restored to reflect the original specifications of architect Cass Gilbert. Dark panels of gray offset by gold-leafed symbols and borders now serve as an artistic and architectural reminder of the Kanawha Valley in the 1930s. (Photo: Martin Valent)

This past Monday, January 30th, 2006, marked the 20th day on the Legislative Calendar, the first of several deadline days for the Regular Session. It also was the submission date for Legislative Rule-Making Review bills.

Rule-making bills are an important yet often overlooked aspect of the work that goes on during a legislative session. So what exactly is a rule?

As defined in WV Code Chapter 29A-1-2, a rule is a regulation or standard affecting private rights, privileges or interests or the procedures available to the public. A rule is adopted by an agency to fill in the blanks in the law.

There are three types of rules that also are defined in the WV Code. First, a Legislative Rule is a rule, which, when authorized by Legislature, has the force of law, supplies a basis for the imposition of civil or criminal liability, or grants or denies a specific benefit. A Legislative rule is determinative on any issue affecting a citizen’s rights, privileges or interests.

Second, an Interpretive Rule is adopted by an agency to provide information or guidance to the public regarding an agency’s interpretations, policy or opinions upon the law enforced or administered by it.

Finally, a Procedural Rule is a rule that fixes rules of procedure, practice or evidence for dealings with or proceedings before an agency.

Interpretive and Procedural Rules follow the same procedure for promulgation, which is putting a law into action or force. An agency must file a notice with the State Register, located within the Secretary of State’s Office, no less than 30 days or more than 60 days before the end of the comment period. The rule gets considered for adoption, whereupon a notice of adoption or withdrawal is filed with the State Register. If a rule is adopted, the text of the rule with the notice for adoption is then filed.

The other type of rule, a Legislative Rule, follows a slightly different procedure. A notice of public comment is first filed with the State Register. A copy of the proposed rule is then filed with the Legislative Rule-Making Review Committee (LRMRC). The Committee is comprised of six members of both the House of Delegates and the Senate, chief counsel, four associate counsels and a staff person. At the end of the public comment period, one copy of the Agency Approved rule gets filed with the Secretary of State and 15 copies go to the LRMRC.

The filings with the LRMRC must show the amendments to a current rule by strike-throughs and underlines and also must contain a brief summary of the proposed rule. Also, a statement of the circumstances requiring the proposed rule and a fiscal note must be included.

The Committee decides whether an agency has exceeded the scope of its statutory authority and whether the proposed rule conforms to legislative intent. Finally, the Committee must decide whether or not the proposed rule conflicts with WV Code or any other rule.

The committee also analyzes the proposed rule to determine whether the rule is necessary and reasonable, could be made less complex and whether the rule was proposed for promulgation in compliance with the requirements of State Code.

Following those determinations, the LRMRC may recommend that the Legislature authorize the proposed rule, that they authorize it with modifications, that they authorize it with amendments or that the agency should withdraw the proposed rule.

After a determination is made, and a rule is to be authorized, one copy of the modified rule must be filed with the Secretary of State and 10 copies must be filed with the LRMRC. The Committee’s staff then drafts a bill of authorization for each proposed rule. The Committee then submits its final report to the Legislature and the bills of authorization are introduced in each chamber. As of January 31st, 105 rule-making bills have been introduced. For instance, Senate Bill 377/House Bill 4219 would authorize the Division of Natural Resources to promulgate a legislative rule relating to falconry. The proposed rule would allow a non-resident falconer who possesses a valid falconry permit from another state that meets falconry standards and is listed in the appropriate federal regulations, to pay an initial $100 fee and an annual renewal fee of $100.

Now, the bills are like any other bill introduced and must go through the same process all bills go through in becoming law. If a bill of authorization passes, then the affected agency may promulgate/proclaim the rule. However, if a bill is not approved, then the agency cannot declare the rule valid.

After an authorizing bill passes the Legislature, the agency must promulgate the rules within 60 days of the effective date of the bill. The rule becomes effective 30 days after it is filed or on the date provided for in the bill.

One other type of rule bears mentioning. An Emergency Rule is often used when the Legislature is out of session. Emergency Rules are necessary for the immediate preservation of the public peace, health, safety or welfare. Also, to comply with a time limitation, state or federal law, rule or regulation and to prevent substantial harm to the public interest, an Emergency Rule is used.

An agency must file an emergency rule, together with a statement of the facts and circumstances creating the emergency with the Secretary of State and the LRMRC. Emergency Rules become effective upon approval by the Secretary of State in most cases or, in the case of a proposed Secretary of State Emergency Rule, the Attorney General or upon the 42nd day after filing, whichever happens first.

Vol. XVII Issue 2

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January 25, 2006

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In the Senate

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January 25, 2006

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As of 4 p.m., Wednesday, January 25, 2006, the 15th day of the 2006 Regular Session, 276 bills have been introduced in the Senate. Ten bills have been passed by the Senate, including Senate Bill 247, which has completed legislative action.

One measure passed this week was Senate Bill 13, which would require cross-reporting of suspected abuse or neglect of individuals or animals. If a child protective service worker, adult protective service worker, law-enforcement officer or humane officer responded to an alleged incident of domestic violence or animal cruelty, he or she would be required to report any suspicion of further abuse or neglect, unrelated to the current incident, of a child, an incapacitated or elderly person, or an animal to the local child protective services agency of the Department of Health and Human Resources or the county humane officer. This measure will now go to the House for its consideration.

A Sampling of Bills Introduced in the Senate

Senate Bill 219 would prohibit a minor with a learner’s instructional permit or provisional license from using a handheld or hands free cell phone while driving unless he or she is contacting a 9-1-1 system.

Senate Bill 222 would create a fund to reimburse group life insurance premiums for National Guard members called to active duty in combat areas by establishing a Service Members’ Group Life Insurance Reimbursement Fund in the State Treasury administered by the Department of Military Affairs and Public Safety. The provisions of this bill would apply only to premiums paid on or after the date the bill would be passed.

Senate Bill 223, which relates to the examinations of insurance and health care entities, would increase the time insurers, rating organizations and certain health care entities may respond to examination reports from the Insurance Commissioner. The bill also would clarify the Insurance Fraud Prevention Act to apply to certain health care entities and increase the minimum period in which examinations of certain health care entities must be conducted by the Insurance Commissioner.

Senate Bill 225 would provide a one-time supplement for public employee and teacher retirees who have been members of the retirement system for more than 10 years and for retirees who have been members for more than five to 10 years. The bill also would exempt the one-time supplement from West Virginia taxes.

Senate Bill 231 would prohibit an individual who has violated the terms and conditions of his or her probation or home confinement from being granted parole until he or she serves a minimum of one year in prison or until he or she is eligible for parole provided that the individual will not be up for parole for at least one year.

Senate Bill 236 would expand the definition of child abuse or neglect regarding the “imminent danger to the physical well-being of the child” to include a parent or parents who habitually abuse or are addicted to alcohol, controlled substances or drugs to the extent that they are no longer able to maintain proper parenting skills.

Senate Bill 245 would create the Consolidated Local Government Act. This measure would establish processes for municipalities and counties to consolidate, or for a county to consolidate with its principal city, to form a metro government.

Senate Bill 246 would provide a salary supplement of $2,500 and expense reimbursements to professional personnel who have a nationally recognized certification in speech-language pathology, audiology or counseling.

Senate Bill 253 would change the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program and defer repayment of the loan while the student is enrolled in a West Virginia institution of higher education or working in West Virginia after graduation. The loan would be forgiven each year the graduate who received the PROMISE files a West Virginia resident personal income tax return and completely forgiven after four years of filing.

Senate Bill 258 would prohibit any individual other than the owner of a dog, including hunting dogs, from removing identification tags, collars or apparel from a dog or disabling a device worn by a dog to aid in its retrieval without the permission of the owner. A person who would violate this provision would be guilty of a misdemeanor penalty and, if convicted, either would be confined to jail between 90 days and six months, and/or fined $100.

Senate Bill 260 would create a registry of convicted clandestine drug lab operators. This registry would provide information regarding such criminals and direct the Criminal Identification Bureau of the State Police to establish a Web site for the public to use to access information regarding the registry.

Senate Bill 264 would designate English as the official language for West Virginia. The bill would not require or prohibit any state agency or political subdivision from providing any documents, information, literature or other written materials in any other language.

Senate Bill 265 would add to the West Virginia Veterans Memorial Monument the names of all West Virginians who died while serving the United States in the Kosovo, Afghanistan or Iraq conflicts.

Senate Bill 267 would prevent the Public Employees Insurance Agency (PEIA) from raising retired employees’ premiums more than 5 percent above premium rates starting January 1, 2006, until the Legislature creates a cost of living adjustment for retired employees receiving annuities from public retirement plans administered by the Consolidated Retirement Board.

Senate Bill 268 would require a mandatory alert when natural gas or other petroleum product pipeline facilities are seen damaged during commercial activities near pipeline facilities. Individuals violating the provisions would suffer a civil penalty of no more than $100,000 per day until the violation is corrected, and/or would be guilty of a misdemeanor and be fined $10,000.

Senate Bill 276 would create a special unit within the State Police known as the Child Abuse and Neglect Investigations Unit which would focus on child abuse or neglect cases and help Child Protective Services identify criminal violations.

In the House

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January 25, 2006

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As of 4 p.m., Wednesday, January 25, the 15th day of the 2006 Regular Session, 754 bills have been introduced in the House of Delegates. Of those, 17 bills have been passed by the House and sent to the Senate for its consideration. The following 15 bills also were passed by the House since Thursday, January 19:

House Bill 2329 would authorize a court to order a defendant to contribute monetarily or through service hours to a local crime victim’s assistance program or juvenile mediation program. The defendant convicted of a felony or misdemeanor who caused physical, psychological or economic injury or loss to a victim, in addition to other penalties, could be required to use personal time or money to particular non-profit causes approved of by circuit court judges.

House Bill 2448 would create a new felony offense for the theft of mail and the possession of stolen mail. If convicted, the defendant would be imprisoned for a period of 1-5 years with a fine of no more than $2,500. However, misdirected or misaddressed mail would be exempt from this measure.

House Bill 2945 would prohibit solicitors who request water samples from state residents from doing so unless they attach a note that would identify the name of their company, the address and telephone number. Violators would be charged $200 for each violation.

House Bill 3212 would establish a misdemeanor offense for first-time intimidation against public officers and employees, jurors, witnesses and informants, including elected and appointed officials. A felony would be established for second time offenders.

House Bill 3213 would establish various offenses of assault and battery against any person who operates a vehicle used for public travel. Those found guilty of malicious assault on a driver could receive 3-15 years in a state correctional facility. If the attack is committed without malice, making it an unlawful assault, a person could be sentenced to 2-5 years in a correctional facility.

House Bill 4011 would create a special unit within the state police specializing in child abuse and neglect investigations. It would be named the State Police Child Abuse and Neglect Investigations Unit and would focus on identifying, investigating and prosecuting criminal child abuse and neglect cases, in coordination with Child Protective Services. The investigation unit would include a minimum of six State Police members as well as five regional members who would coordinate investigations with other law enforcement personnel for cases of suspected child abuse or neglect.

House Bill 4012 would create a state child abuser registry and establish penalties for persons convicted of child abuse or neglect for failure to properly report registration information. A registrant would be required to provide their full name, including aliases and nicknames. Furthermore, the registrant’s address, social security number, fingerprints, a description of the registrant’s crime(s) and the address where they intend to work would be included in the registry.

House Bill 4019 would repeal the section of State code that directs the Legislature to prepare and distribute a digest or summary of the Budget Bill each year after its passage.

House Bill 4021 would create a pilot program of health care participants to provide primary and preventive health services for a prepaid fee. Participants in this program would be health care clinics and private medical practitioners. A Commission on Health Care Reform would be established with this legislation and the Appalachian State Health Plan would be created to provide health care coverage to state citizens.

House Bill 4037 would correct definitions that would apply to the assessment of real property. This legislation would provide that all real property “used and occupied exclusively for residential purposes” is taxed as Class II property. Also, this legislation would allow a second home to be classified as Class II property. The amendments in this bill would be effective retroactively for July 1, 2005, for tax year 2006 and thereafter.

House Bill 4038 would allow surplus personal computers and technology owned by state organizations to be donated and transferred to county school boards for educational purposes. Donated technology would be inspected by state authorities to ensure that it meets the minimum criteria for use within the public school system. If approved, the computers would then be advanced to the State Agency for Surplus Property and the Department of Education.

House Bill 4040 would require voter approval before a closure or consolidation of certain schools with grades eight or below in situations when new building construction or an addition of two or more classrooms are involved, provided the closure or consolidation was not included in a local bond issue levy approved by the voters. Before any decision of a county board on a proposal to close or consolidate a school can be finalized, the board would be required to conduct a public hearing. Also, a petition of voters is required for elections to be held.

House Bill 4048 would prohibit the use of eminent domain for private interests. With this bill, eminent domain could not be used for the purposes of private retail, office, commercial, industrial or residential development. This would not apply to property that is considered to be in blighted or slum areas.

House Bill 4049 would create the “Higher Education Grand Fund.” Furthermore, this measure would expand eligibility for the PROMISE scholarship to particular students who attend high school outside of West Virginia, due to a parent(s)’ involvement with the U.S. military. Funding for the PROMISE Scholarship would be capped at 2 percent growth per year; thus, any higher education provider in the state would be required to set tuition hikes at 2 percent as well.

House Bill 4069 would continue the Rural Health Advisory Panel until July 1, 2009. The Rural Health Advisory Panel oversees the administration of the West Virginia Rural Health Education Partnerships and advises the Vice Chancellor for Health Sciences of the Higher Education Policy Commission.

State Lawmakers Rapidly Respond to Mine Rescue Procedures

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January 25, 2006

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State Lawmakers Rapidly Respond to Mine Rescue Procedures

State Flag Hangs at Half-Mast For the second time in less than three weeks, the West Virginia state flag hangs at half-mast outside the State Capitol Building to honor coal miners who lost their lives. Two coal miners passed away after rescue teams were unable to save them following an underground fire at the Aracoma Alma Number One Mine on Thursday, January 19. This disaster followed the Sago Mine tragedy where 12 minors died after an underground explosion on January 3. In response to the recent tragedies, the State Legislature passed a bill that greatly increases safety regulations and standards coal mining companies must follow. The accidents also have prompted the Federal Government to discuss the deficiencies in current mine safety. (Photo: Shane Evans)

Less than three weeks after the tragic Sago mine accident in Tallmansville, WV in which 12 miners lost their lives, a second mining tragedy in Logan County last week claimed two more West Virginians. With the eyes of the nation once again focused on the Mountain State, members of the State Legislature acted quickly to develop life-saving legislation in regard to mine and industrial emergencies.

Although the investigations into the causes of these mine accidents that have impacted so many of the state’s citizens are still ongoing, the West Virginia Legislature worked diligently throughout the day on Monday, January 23rd to see to the approval of legislation directly affecting mine safety regulations.

Following the Aracoma Coal Mine disaster, Senate President Earl Ray Tomblin took an historical step by leaving his podium and introducing a measure from the Senate floor. In an unprecedented speech, President Tomblin appealed to his colleagues to suspend the Constitutional Rules that call for a bill to be read on three consecutive days, and enact immediate and necessary changes to current mine safety laws.

In less than eight hours, members of both the State Senate and House of Delegates discussed and passed Senate Bill 247, which mandates immediate and crucial upgrades in West Virginia’s rescue technology and provides for better communication among local and state officials and mine operators when an accident occurs.

Along with the passage of this measure, the first of its kind, the Speaker of the House of Delegates Robert “Bob” Kiss developed a special House Committee on Mine Safety to further study mine safety issues. This bi-partisan committee will look into additional policy changes that can be made during the current 60-day Session.

With the passage of Senate Bill 247, West Virginia has taken the lead in mandating the usage of this technology in every mine within its borders and has once again forged ahead in establishing mine safety standards. In 1968, the federal government passed the Mine Safety and Health Act in response to the devastating mine explosion that killed 78 miners in Farmington. And in 1972, Congress revamped federal laws pertaining to settling pond construction after 125 people were killed by flooding caused by an impoundment break along Buffalo Creek.

As lawmakers in Washington D.C. take notice of the major developments in mine safety contained within Senate Bill 247, the West Virginia Legislature’s unanimous approval of this measure is proof of its steadfast dedication to improving mine safety efforts here in the Mountain State. Although the bill is not a cure-all to prevent further mine tragedies, it is a major step in developing policies that can aid in the rescue of mine accident victims.

Brief Summary of Senate Bill 247

Senate Bill 247, passed by the Legislature on Monday January 23, 2006, seeks to provide additional safety and rescue provisions to enable expeditious response and prolong survivability within a mine after an accident occurs. The bill touches upon three major concepts: additional oxygen supplies; upgrades in specific technologies; and, greater streamlining of response efforts within local and state entities.

The bill requires oxygen apparatuses to be strategically placed throughout underground mines to provide extended caches of breathable air for those trapped by a mining accident. These breathing devices could provide valuable time for miners who find themselves barricaded underground. In addition, battery powered strobe lights and lifeline cords could be connected to these caches for visibility and access.

The use of wireless technology is a major component of the new safety regulations, including the required use of wireless emergency communication devices and wireless tracking systems. With communication a key aspect in rescue efforts, utilizing wireless devices that will keep those miners who are underground in contact with those on the surface will be crucial to their recovery.

Along those lines, the use of wireless tracking systems to provide real-time monitoring of the actual location of each miner underground may enable rescue teams to have the ability to know where to start searching and possibly reach those trapped in a more expeditious manner. This tracking information, however, could not be used against a miner in non-emergency situations.

To avoid further delay in the response and recovery when a disaster hits, the bill requires the mine operator or foreman in charge of the mine to notify local authorities or contact the newly created statewide Mine and Industrial Accident Emergency Operations Center within 15 minutes of realizing an accident has occurred.

This center, which is to be maintained by the Division of Homeland Security and Emergency Management, will become the official and primary state government communications hub for dealing with mine and industrial accidents. The Division also will be required to establish a 24-hour statewide telephone hotline to increase communication in disaster response.

Vol. XVII Issue 1

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January 18, 2006

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In the Senate

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January 18, 2006

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As of 4 p.m., Wednesday, January 18, 2006, the eighth day of the Regular Session, 218 bills have been introduced in the Senate.

A Sampling of Bills Introduced in the Senate

Senate Bill 12 would make the use of handheld cell phones while driving an automobile a misdemeanor. The use of headsets or speaker systems would be an exemption in the proposed law. The bill would impose a fine of $100 or less for the first conviction and would not allow for points to be entered on convicted individuals’ drivers licences.

Senate Bill 13 would require child protective service workers, adult protective service workers, law-enforcement officers and humane officers in the pursuit of an investigation, to report to the appropriate agency or agencies if they find reason to suspect abuse of an individual or animal, other than those that were the subject of the initial investigation.

Senate Bill 18 would provide tuition waivers for the children or spouses of parole and probation officers who were killed in the line of duty.

Senate Bill 26 would require health insurance companies to cover the costs of smoking cessation services in the same manner the company covers other pharmaceuticals. The bill would allow for a fine of $10,000 to be imposed upon the insurance company for violations of this bill. An additional $10,000 could be imposed every 30 days that the insurance company does not comply with the legislation.

Senate Bill 70 would raise the amount of the Children’s Health Insurance Program (CHIP) coverage from 200 percent to 300 percent of the federal poverty level.

Senate Bill 75 would make it illegal to sell candy or fruit flavored cigarettes in West Virginia. Violations of this law, upon conviction, would result in a fine of $500 or less for the first conviction, and a fine of $1,000 to $5,000 upon each additional conviction and/or six months in jail.

Senate Bill 77 would allow for Emergency Medical Technicians (EMTs) to administer epinephrine to patients to treat allergic reaction and anaphylaxis. This bill would not impose a standard of care not already required by law.

Senate Bill 78 would increase the penalties for the use or possession of tobacco products by minors, including having drivers license privileges revoked until the age of 18, upon a second conviction.

Senate Bill 145 would require the State Board of Education to adopt and disseminate guidelines for individual diabetes care plans and require the local boards of education to implement these guidelines. As part of this measure, the information would be made available to teachers and other school personnel in order that appropriate support and assistance be given to students with diabetes. The bill would require the information in the diabetes care plan to meet or exceed the American Diabetes Association’s recommendations for care of children with diabetes in the school or child care environment.

Senate Bill 146 would raise the state minimum wage from $5.15 to $5.85 on June 30, 2006; $6.55 on June 30, 2007; and, $7.25 on June 30, 2008. This bill would raise the minimum wage in accordance with federal legislation currently being considered by Congress.

Senate Bill 147 would require non-government West Virginia employers with more than 10,000 employees to pay into a state fund to help subsidize state Medicare expenditures. Non-profit organization employers that do not pay 6 percent of the total wages into health care costs would be required to make payment, of the difference paid and amount due, into the state fund. Employers that are not non-profit and do not pay 8 percent of the total wages to health care costs would have to make up the difference through payment into the state fund.

Senate Bill 154 would create a sales tax exemption for certain e-commerce software companies. This exemption would seek to encourage these types of business to locate in West Virginia.

Senate Bill 160 would require the agency state, county or municipality that makes the initial arrest of a suspect to pay for the costs incurred for the first 24 hours of the individual’s incarceration.

Senate Bill 166 would restructure the State Parole Board. The board currently has five members. This bill would increase the number of members to nine and allow for the Governor to appoint the Chair of the Board.

Senate Bill 176 would allow for higher education providers to increase fees for students taking more than full-time hours. Undergraduate students taking 16 hours or more or graduate students taking nine or more hours could be charged for the additional hours taken above full-time (12 hours) at a rate of 1/9th of full-time rate per credit hour.

Senate Bill 179 would allow state employees who were unable to convert their sick leave time into their retirement fund, because they used it during a time of sickness, to buy it back through withholdings from their future pay.

Senate Bill 187 would require all local Boards of Education to develop and implement standards for all public school students to wear uniforms by 2008.

Senate Bill 202 would allow for the selection of the West Virginia Supreme Court Judges to be through nonpartisan election. The selection of judges would be through General Election beginning in 2008.

Senate Bill 208 would authorize Public Land Corporations to condemn abandoned structures in water ways that could cause potential flooding and erosion problems. The bill would allow eminent domain to be imposed by the Public Land Corporation on structures that pose potential flood damage. The bill would allow eminent domain only on structures placed on state land by right of entry granted by the state that cause obstruction to a water way, or could cause potential flood problems, or if the structure does not meet the specifications stated in the right of entry. Failure to obtain a right of passage would result in a fine not to exceed $500 per day that the violation exists.

In the House

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January 18, 2006

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As of 4 p.m., Wednesday, January 18, 2006, the eighth day of the 2006 Regular Session, 692 bills have been introduced in the House of Delegates. Of those, two bills have been passed by the House and sent to the Senate for its consideration. The bills that have passed are:

House Bill 2136 would require the clerk of the county commission to execute, record and post in a prominent place in the county record room, a disclaimer of the validity and enforceability of certain restrictions and covenants in deeds. The document would contain a disclaimer stating the following: It is the law of this state that certain covenants or restrictions that are based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable.

House Bill 4007 would update appraisal standards employed by the Public Land Corporation to determine fair market value of public lands. Under this bill, sales, exchanges or transfers of public land would be conducted under competitive bidding procedures, unless the secretary determines it necessary to assure public policies.

A Sampling of Bills Introduced in the House

House Bill 2134 would provide a two-tiered personal income tax credit for parents who provide home schooling. A parent or legal guardian who is a resident of West Virginia would be entitled to receive a tax credit against his or her personal income tax liability. The tax credit would be effective upon completion of a school year in the amount of $500 per child for providing home schooling and in the amount of $1,000 per child for providing private schooling pursuant to the educational requirements set by the State Board of Education for primary and secondary programs and standards.

House Bill 2208 would make available to retired participants in the Public Employees Insurance Agency (PEIA) the optional dental, vision, and audiology and hearing-aid services that are available to current employees. Public employees insurance participants would be able to elect to participate in any one of these plans separately or in combination.

House Bill 3176 would clarify the exemption for property used by not for profit, tax exempt corporations operating homes for the aged or continuing care retirement communities from property taxes.

House Bill 4010 would create the Office of Family and Child Protection Ombudsman to safeguard abused and neglected children and families. The Ombudsman would coordinate efforts on behalf of children and families, work with advocacy groups, and advocate or promote reforms and changes in law necessary to enhance the protection of children and families involved in abuse and neglect cases.

House Bill 4016 would amend West Virginia Code to require certification that the offer of proof of the value of property sought to be introduced in an action or suit be at least 90 percent accurate.

House Bill 4018 would create quarterly meetings of the Community Corrections Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction and increase revenue to the West Virginia Community Corrections Fund. The committee would be assigned responsibility by community criminal justice boards and be comprised of 15 members of the Governor’s Committee including: a representative of the Regional Jail and Correctional Facility Authority; someone representing the interests of victims of crime; an attorney employed by a public defender corporation; an attorney who practices criminal law; a prosecutor; and, a representative of the West Virginia Coalition Against Domestic Violence.

House Bill 4020 would introduce flexibility in health insurance plans to allow insurers to offer basic benefits. This would include preventive and primary care services at affordable prices. The authorized sale of policies with limited benefits including physicians, inpatient and outpatient care, with an emphasis on preventive and primary care, would help provide insurance coverage to many West Virginians without any such coverage.

House Bill 4021 would establish a pilot program overseen by the Health Care Authority. Through the program, it would be determined if the method of providing primary and preventive health services to subscribers for a prepaid fee could be expanded on a statewide basis.

House Bill 4032 would authorize the Consolidated Public Retirement Board to charge employees who participate in a state retirement system and fail to pay retirement collections in a timely manner. The delinquency surcharges would approximate the interest of earnings lost as a result of late payment with a minimum surcharge of $50 per month.

House Bill 4041 would provide limited immunity to persons who volunteer their services in good faith to public health departments. The limitation of liability would not apply to intentional tortuous conduct or acts of gross negligence.

House Bill 4045 would prohibit the state of West Virginia and its political subdivisions from exercising eminent domain to advantage one private property owner over another and only in cases when it is necessary for public use. Public use would be determined as the possession, occupation, and enjoyment of the land by the general public or by public agencies; or the use of land for the creation of public utilities. Private property would be taken or damaged if the land serves a harmful effect, to remove a public nuisance, if the structure is beyond repair or unfit for human use. The public benefits of economic development, including an increase in tax base, tax revenues, employment and general economic health would not constitute a public use.

Legislative Session Begins as State Remembers Sago Miners

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January 18, 2006

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Legislative Session Begins as State Remembers Sago Miners

The West Virginia Coal Miner In the mulched area surrounding the “West Virginia Coal Miner” lie bouquets of flowers, small American flags, and several fully exhausted candles. They serve as symbols of remembrance for the 12 miners who lost their lives and the sole survivor following the mine explosion in Tallmansville, located in Upshur County on January 2. The statue is located directly outside the Main Capitol Building, near the Cultural Center and the West Virginia War Veterans Memorial. Designed and sculpted by native West Virginian Dr. Burl Jones, “The West Virginia Coal Miner” stands, “in honor and in recognition of the men and women who have devoted a career, some a lifetime, towards providing the state, nation, and world with low-cost reliable household and industrial energy.” Four illustrations depicting different aspects of coal mining adorn the statue’s base. The statue was commissioned by the 74th Legislature and officially dedicated on December 4, 2002. (Photo: Shane Evans)

For the Legislature, the beginning of a new year signifies the beginning of a new legislative session – and a new opportunity to move the state forward. This new year, however, brought with it much heartache for the people of West Virginia. And when lawmakers convened at the Statehouse for the beginning of the 2006 Regular Session, it was clear that while the business of the state was on the agenda, so were sentiments of remembrance and remorse for the Sago miners and their families.

With the tragedy that occurred on January 2 in Tallmansville, WV, state and federal leaders have initiated investigations into the events surrounding the disaster. To avoid duplicating the inquiries, a bi-partisan legislative committee comprised of six lawmakers will be working with state investigators to determine what went wrong inside the mine and how such a distressing communications breakdown could occur outside of it.

This legislative component was added to not only provide a broader perspective from the committee members’ diverse constituencies during the course of the examination, but also to determine any necessary policy changes that could improve mine safety and rescue efforts.

While lawmakers continue to follow the Sago investigations, they also are moving forward with a detailed legislative calendar involving certain issues that, according to the Senate President and Speaker of the House, will likely take center-stage as the Regular Session advances. These span a variety of important matters, including the availability and affordability of health care for working West Virginians; the protection of children from abuse and neglect; and, the state’s financial standing, both now and in the future.

Although the final versions may be more far-reaching, the Legislature is working on two proposals that address citizens’ access to affordable health care. One would establish a pilot program for clinic-based health care by authorizing participating clinics and private medical practitioners to provide basic, preventive services for a prepaid fee. For more comprehensive coverage, lawmakers also are working on an insurance plan that would allow insurers to offer basic benefits that include primary and preventive care at affordable prices.

To provide for enhanced protection of West Virginia’s children, lawmakers are considering legislation that would create a special unit within the State Police to assist Child Protective Services (CPS) in child abuse and neglect investigations. Additionally, separate legislation would direct the State Police to create a state child abuse registry to further support law enforcement and CPS in monitoring the status and location of individuals convicted of these crimes.

On a similar note, members of the Legislature are looking at legislation that would provide for additional public protection from sex offenders by strengthening penalties and registration requirements. And, as lawmakers look to buckle down on sex offenders, they also will be addressing the potential need for the increased development of alternative sentencing programs.

With prison populations and operating costs projected to continue rising, legislators may consider policy measures to provide that non-violent criminals receive necessary rehabilitation and community service programming, while the most heinous and violent criminals remain incarcerated.

As part of their annual charge to balance the state’s budget, lawmakers also are considering various options for the 2006-07 budget, as well as the state’s financial future. The Executive Branch recently presented a five-year outlook of the state’s revenues and expenditures. This forecast revealed that while West Virginia’s financial picture looks strong now, there are major fiscal challenges on the horizon. According to this projection, the state could see a deficit in 2008 that could continue to grow through 2011.

In preparation for future shortfalls, the Legislature is considering increasing the Rainy Day Fund from 5 to 10 percent of the General Revenue Budget and ways to use some of the current surpluses to pay down the state’s debts. Also, in light of the present budgetary outlook, lawmakers may look to address certain immediate concerns by striking a balance between fiscal responsibility and providing the citizens of West Virginia with as much relief as possible.

Although the year began on a heavy-hearted note, members of the State Legislature, much like the citizens they represent, remain fortified in their commitments to move forward for the betterment of the state — and for the continued enrichment of a way of life that so many Americans, whose eyes have been fixed on West Virginia, now know is real, honest and invaluable.