Blog – Page 395

Completed Legislation

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March 17, 2005

Senate Bill 146 would establish the Unborn Victims of Violence Act. The bill would recognize an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person, and it would establish that the pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims. Exceptions to the bill include: acts committed during a medical abortion; acts or omissions by medical or health care personnel as a result of medical services; acts or omissions by medical or health care personnel in performing lawful procedures involving embryos that are not in a state of development in utero; acts involving the use of force in lawful defense of self or another, but not an embryo or fetus; and, acts or omissions of a pregnant woman in respect to the embryo or fetus she is carrying.

House Bill 2495 would repeal the section of the West Virginia Code regarding jail inspection. Currently the code states that at least once every year the circuit court of each county must appoint three persons including a physician, to inspect the jail. These individuals are to inspect the jails and report its condition. This bill will repeal this section.

Visitor Experience Forges Connection with State Government

Ann Ali

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March 17, 2005

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Visitor Experience Forges Connection with State Government

state capitol steps — “Public buildings, and especially the State Capitol, constitute the best evidences of the character of material, success and solidity, culture and civilization of the state…” – Cass Gilbert, Architect (Photo: John Tice)

Although the Capitol dome is undergoing a restoration for the next two years, West Virginia’s statehouse continues to serve as an incubator for inspiration. Housing the offices of the Governor, the Supreme Court of Appeals, the Constitutional Officers and the Legislature, the architectural wonder belongs to the citizens of West Virginia. As such, the road to the Capitol is never long.

During the year, visitors come from throughout the world, nation and state to photograph and experience the work of Cass Gilbert, the Capitol’s architect who is noted for his simplicity, just proportions, beauty and refinement.

Throughout the year, residents come to the Capitol to conduct business or to seek assistance in one form or the other. During the Legislative Session, people come to be heard.

Although letters and telephone calls are taken seriously during the Interim, the volume of a collective voice of like-minded people is amplified for 60 Days of the Regular Session during the first three or four months of each year.

As voters have become more politically aware in the past few years, more citizens come to the Capitol to participate in the democratic process. For a first time visitor, the trip can be daunting, yet always exhilarating…and maybe frustrating.

To further encourage citizen participation, a few tips on taking the road to Charleston may be helpful to interested parties.

First and foremost, plan an arrival date. Because some days are set aside for specific legislative actions, it may be difficult to contact a lawmaker. For instance, Mar. 21st is the last day for the Senate to introduce bills in the State Senate and Mar. 25th is the deadline for the House of Delegates. Members of both bodies will more than likely be holding day-long sessions to ensure bills they are sponsoring make it to the hopper. In addition, Mar. 27th is the last day for bills to move from committees and Mar. 30th is the last day for bills to be addressed in their house of origin. Again, long sessions are expected.

Also, let representatives know when you are planning to travel to the Capitol. This will allow them to set aside time or to let you know they may be carrying out their legislative responsibilities and time may not be an option.

Plan an agenda and know your bearings. An information packet may be downloaded from the Legislative Web site which details a Capitol map with legislative office locations. The identification of Senate and House district representatives can be made easier by obtaining a Directory of the 77th Legislature from the Public Information Office or by reviewing district maps on the legislative Web site. The information packet also provides locations of handicapped entrances and restroom facilities.

If observing a floor session is on the itinerary, a pattern has emerged in recent years whereas the membership may be required in their Chambers at 11 a.m. There is no set length of time for floor proceedings so full debate may be conducted. Committee meetings generally occur in the afternoon or in the late evenings.

Because of the volume of people coming to the Capitol during the Legislative Session parking is always an obstacle. While parking spots are readily available throughout the year, the amount of traffic arriving during session, too, is amplified. Sharing a ride takes on a whole new meaning during this deliberative time.

Free parking is available at Laidley Field, located West of the Capitol Complex and shuttle buses travel to and from the Capitol every 15 minutes. Many organizations charter buses while school children are brought by their familiar ride, the school bus.

The Capitol Cafeteria also sees its capacity stretched to its limit. Expect lines and plan accordingly. Some visitors take advantage of the time spent in Charleston to experience local restaurants while others grab a bite at nearby fast food establishments.

Oftentimes people ask what clothes are appropriate. Citizens have the luxury to come as they are within reason but coat racks are not available. It is recommended to lighten purses and wear comfortable walking shoes since marble flooring is not forgiving.

The Legislature is in its remaining 23 days of session as of March 17th. For those citizens who do not make it to Charleston in 2005, each is encouraged to visit during 2006.

The citizens of the State maintain the State Capitol. Voters select who will serve as their representative voices. With this authority, people are welcome to come home at any time, since the road is never long.

Vol. XVI Issue 5

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March 17, 2005

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Vol. XVI Issue 4

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March 10, 2005

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In the Senate

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March 10, 2005

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As of 4 p.m. Wednesday, March 9th, 2005, the 29th day of the 2005 Regular Session, 500 bills have been introduced in the Senate. Of those, 12 have been passed by the Senate since March 3rd and sent to the House for its consideration. Some include:

Senate Bill 19 would eliminate the currently dormant Advisory Board for the Secretary of the Department of Health and Human Resources and add the Office of Inspector General. The Inspector General would report directly to the Secretary. Neither the Secretary nor any employee of the Department would be able to prevent, inhibit or prohibit the Inspector General or his/her employees from initiating, carrying out or completing any investigation, quality control review or other oversight of public integrity.

Senate Bill 78 would expand the Route 2 and Interstate 68 Authority to include 26 members, adding Cabell, Mason and Jackson Counties to the authority. Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia counties are already covered. The Authority was established to promote economic development and tourism along West Virginia Route 2 between Huntington, Parkersburg and Chester and also Interstate 68 between Moundsville and Morgantown.

Senate Bill 101 would allow a county commission or municipality to request the Commissioner of Highways to designate and operate a traffic control signal as a flashing signal. If the request is approved, then the county commission or municipality making the request would be responsible for costs incurred by the Division of Highways.

Senate Bill 107 would remove criminal penalties for a person whose dog, without the person’s direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird. The person retrieving the dog would not be permitted to take game from the land, kill domestic animals or fowl or cause other damage to the land.

Senate Bill 152 would allow county commissions to designate one day, which is not currently a legal holiday, as a legal holiday. The chosen day would be substituted for one of the regularly scheduled legal holidays, but the same day would not be permitted to be substituted two years in a row. The current legal holidays are New Year’s Day, Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day and any day on which a general, primary or special election is held.

Senate Bill 226 would require child protective service workers, adult protective service workers, law-enforcement officers and humane officers to share information and coordinate efforts for suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults, suspected animal cruelty or inhumane treatment. The bill would outline specifications for the cross-referencing of abuse claims because of the belief that a person who abuses animals has a propensity to abuse humans.

Senate Bill 268 would change current state law to conform to federal requirements by providing that possession of beer and liquor by a person under the age of 18 would be considered a status offense instead of a misdemeanor. Status offenses are considered crimes that only a juvenile could commit, such as truancy or underage possession of alcohol. Any person under 18 who purchases, consumes, sells, possesses or serves beer would be guilty of a status offense and upon conviction, would be referred to the Department of Health and Human Resources for services, instead of the current jail time and monetary penalties.

Senate Bill 280 would remove payment of registration fees of a licensing board or commission of the state. State licensing or registration requirements would be suspended during a period of absence for active duty for any member of the Armed Services of the United States or the National Guard, or other reserve component of the Armed Forces until 60 days after the member’s return from active duty.

Senate Bill 411 would allow the Tyler County commission to meet as a levying body for the purpose of presenting an election to the voters of the county. The election would be on the question of authorizing an excess levy for vital public services in Tyler County between March 27 and 28 until the second Monday of April 2005.

A Sampling of Bills Introduced In the Senate

Senate Bill 465 would establish the Food Tax Relief Act, eliminating the consumer sales tax on food and food products sold in grocery stores over a three-year period. On and after January 1, 2006, the food tax would be reduced from six percent to four percent and after January 1, 2007, the tax would then be reduced to two percent.

Senate Bill 470 would prohibit the use of handheld cellular telephones while driving and provide a penalty for violations. A person would be fined for a violation, but no points would be assessed against his/her driver’s license. Any person violating the provisions would be guilty of a misdemeanor and upon conviction would be fined up to $100. If there is a second conviction within one year, the fine would be up to $200; and, upon a third or subsequent conviction, the fine would be no more than $500.

Senate Bill 477 would require a paper copy of a voter’s votes when using an electronic voting system; provide that the paper copy could only be used for a random count of precincts or if an election is contested; and, to provide that the Secretary of State may enforce rules. This bill would look to ensure voter confidence in the electronic voting system.

Senate Bill 482 would allow a member of the West Virginia National Guard who is receiving payments for tuition and fees and is discharged from the military service due to wounds or injuries received in the line of duty, to continue to receive payments as if he/she were still a member of the West Virginia National Guard.

Senate Bill 484 would lower the normal retirement age for State Police officers; specify starting date of annuity; eliminate any reduction in the benefit of a State Police officer who is disabled on the job; define month of service and years of service; and, specify the starting date of retirement payments. Members would be able to retire with full benefits upon either attaining age 50 and completing 25 or more years of service or attaining the age of 52 and completing 20 or more years of service. A member who is less than age 50 would be able to retire upon completing 25 or more years of service.

In the House

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March 10, 2005

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As of 4 p.m. Wednesday March 9th, 2005, the 29th day of the Regular Session, 958 bills have been introduced in the House of Delegates. Of those, 26 have passed since March 3rd and have been sent to the Senate for its consideration. Some of these were:

House Bill 2174 would require the Department of Health and Human Resources to develop a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report by January 1, 2006.

House Bill 2189 would authorize West Virginia law enforcement officials to deputize out-of-state police officers. The out-of-state law enforcement agency would be able to enter into a multi-jurisdictional task force agreement, but would first have to permit the West Virginia agency to deputize its officers. The out-of-state officers’ duties would be limited to those of the multi-jurisdictional task force. Also, the head of the West Virginia law-enforcement agency would have to notify the Governor’s Committee on Law Enforcement Training that out-of-state officers have been deputized.

House Bill 2244 would make the state’s criminal and penalty laws which apply to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law. This measure is intended to avoid federal sanctions that could be imposed on the state resulting in the loss of federal-aid highway construction funds.

House Bill 2350 would make a technical correction to the West Virginia Code dealing with the awarding of teaching certificates in West Virginia. The bill would add to existing requirements for receiving a teaching certificate in West Virginia that candidates must possess the minimum of a bachelor’s degree or hold a certificate of eligibility issued by another state that certifies that he or she meets all of the requirements of the state for full certification.

House Bill 2368 would increase the fee for vaccinating cats and dogs for rabies from $4 to $8. The increase would only apply to animal clinics established by a county commission, such as those at a town hall or community center. In all other situations, the veterinarian would set a reasonable fee at his or her own discretion.

House Bill 2450 would allow a mother to breast feed her child in any private or public location.

House Bill 2456 would ratify the National Crime Prevention and Privacy Compact to streamline the transfer of criminal history records for non-criminal purposes between states that also ratify the compact. The Superintendent of the West Virginia State Police would execute, administer and implement the compact on behalf of the state and may adopt necessary rules, regulations and procedures for the national exchange of criminal history records for noncriminal records purposes.

House Bill 2466 would eliminate provisions of the West Virginia Code that created unlawful classifications based on race for county boards of education, and it would update obsolete provisions noting Bluefield State College would be under the authority of the Higher Education Policy Commission.

House Bill 2471 would establish a financial responsibility program for inmates by requiring wardens to deduct a portion of inmates’ earnings for the purpose of paying child support and legitimate court-ordered financial obligations. The Division of Corrections would work with inmates to determine a financial plan.

House Bill 2476 would revise the parole law to keep certain persons who have been released on parole three times and had their parole revoked from being eligible for further release on parole. It also would authorize the Parole Board to hire hearing examiners and authorize the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of a parolee’s parole.

House Bill 2478 would remove the prohibition against beer brewers requiring distributors to submit profit and loss statements, balance sheets or financial records as a requirement to retain its franchise.

House Bill 2497 would provide that a truck with four axles in combination with a trailer with two axles is limited to a max gross weight of 80,000 pounds with a tolerance of 10 percent. If the truck were to operate within the tolerance range, then it would be considered to be operating at the gross weight for which it is registered and the registered weight would include the 10 percent tolerance.

House Bill 2510 would allow public money to be used to fulfill the matching requirements of the Workforce Development Initiative grant application process beginning in Fiscal Year 2006. The public partner providing the money, however, could not be eligible for a Workforce Development Initiative grant unless the amount of funding provided by the Legislature that year exceeds $650,000. In that case, only half of the amount could be qualified to an eligible applicant.

House Bill 2607 would expand screenings required for newborns by adding sickle cell anemia and adrenal hyperplasia.

House Bill 2663 would modify and update laws relating to digging, growing, harvesting and selling Ginseng. The bill would shorten the digging season to run from Sept. 1st to Nov. 13th. The bill also would require that seeds be planted after a root is dug and that all roots be at least five years old before being harvested. In addition, the bill also would establish a penalty of $500 to $1,000 for violating any sections of the provision.

House Bill 2764 would allow the Board of Medicine to re-issue a license to a physician convicted of certain drug related offenses. Once a physician who has had his or her license revoked due to a drug related felony conviction applies for a new licence, the Board would be able to issue a new license if it determines the physician is, except for the underlying conviction, qualified to practice medicine. A license could not be issued until the physician has completed any sentence of confinement, parole, probation or other court-ordered supervision and until any fines, judgments, or other fees imposed by the sentencing court are fulfilled. The Board also would be able to place upon a licensed physician whatever terms, conditions or limitations it finds appropriate.

Completed Legislation

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March 10, 2005

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As of 4 p.m. on March 9th, 2005, five bills have been passed by both the House and Senate and sent to the Governor for his approval. Of those, the following two measures have completed legislative action since March 2nd:

House Bill 2483 repeals an archaic section of the State Code (§28-5-26) that authorized wardens to offer monetary rewards for the apprehension and return of escaped convicts.

Senate Bill 269 supplements and amends existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways Fund for the fiscal year ending on June 30, 2005.

Media Coverage Essential in Delivering Government to Citizens

Justin Weaver

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March 10, 2005

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Media Coverage Essential in Delivering Government to Citizens

legislative web site picture — Media representatives station themselves in areas best suited for following the action at the Capitol. Television, newsprint and talk radio bring the news from the Statehouse to the public in various formats. (Photos: Martin Valent & Shane Evans)

Reporting the actions of the West Virginia House of Delegates and the State Senate is a crucial part of the legislative process. Getting information across the ridges and through the valleys of West Virginia’s geographic hurdles is essential to the public interest. As such, media representatives throughout the state join forces with the Capitol press corps in Charleston to ensure full disclosure in line with democracy’s ideals of a checks and balances system.

Legislators use a variety of sources for disseminating information during a Session, while the public has options in selecting its news programs.

There are approximately 330 media outlets available to the citizens of West Virginia including newspapers, radio and television stations, as well as college publications. Many of these news entities take advantage of Associated Press (AP) services to strengthen their hometowns’ connections to legislative issues.

The Associated Press is the largest and oldest news organization in the world. News outlets that cannot send their own staff to the Capitol use materials provided by the Associated Press, which maintains staff in the Capitol press room.

Papers from the more populous areas of the state also send their political beat reporters to cover issues relevant to local concerns, as well as matters affecting the state in its entirety.

In addition to the print media, broadcasters for both television and radio stations and networks find a place in the House and Senate Chambers during floor sessions.

Unlike other states throughout the nation, the West Virginia Legislature provides floor privileges for members of the media. In the House, members of the media are located at a table in front of the Clerk’s desk. In the Senate, seats are reserved in the rear of the Chamber. Television cameras may be situated on the floors or in the galleries; however, legislative approval may be required because of space limitations.

Public television broadcasts throughout each week during the 60-day session, while a radio news broadcasting agency transmits weekly news and talk shows. Their proximity to lawmakers and other government officials and state leaders associated with the legislative process facilitates West Virginia’s representative democracy by bringing the news into citizens’ cars, offices and living rooms.

“Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.” – Thomas Jefferson

News gathering is not restricted to the Chambers, but is permitted and encouraged to occur in committee meeting rooms and offices throughout the Capitol. Microphones and memo pads are as prevalent with the press corps as are the cell phones and briefcases carried by lawmakers and lobbyists.

Throughout the Statehouse, legislators and the media meet at a crossroads to communicate key ideas of legislation which are being produced, introduced or passed by lawmakers. Their collaboration succeeds in sustaining the open forum that not only conveys legislators’ messages to citizens, but also encourages the public to use its voice.

Vol. XVI Issue 3

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March 3, 2005

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In the Senate

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March 3, 2005

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As of 4 p.m. Wednesday, March 2, 2005, the 22nd day of the 2005 Regular Session, 434 bills have been introduced in the Senate. Of those, 19 have been passed by the Senate since Feb. 24th and have been sent to the House for its consideration.

Senate Bill 49 would repeal a section of West Virginia Code that requires the circuit court of each county to appoint three persons to inspect a county jail on a yearly basis. The bill would remove this provision because it is no longer effective with the creation of the Regional Jail System.

Senate Bill 63 would require legislative approval by passage of a concurrent resolution for giving any road, highway or bridge a memorial designation. The bill states that the Commissioner of the West Virginia Division of Highways does not have the authority to make such changes without legislative approval.

Senate Bill 94 would allow school activities for students, faculty senate meetings and other professional activities for teachers to occur in any order. The bill would further provide additional flexibility for instructional support and enhancement days.

Senate Bill 104 would repeal a section of the West Virginia Code relating to working prisoners by county commissioners, since prisons are no longer located in every county.

Senate Bill 154 would require promulgation of emergency and legislative rules designed to allow persons to beneficially use water treatment plant sludge.

Senate Bill 162 would modify the time period the Economic Development Authority has to allocate the tax credits available under the Capital Company Act. The legislation would allow the Authority to allocate tax credits for economic development and technology centers at any time during a fiscal year, not just during the first 90 days.

Senate Bill 183 would authorize the warden of a correctional facility to allow an inmate to withdraw money from a mandatory savings account that contains 10 percent of all money earned during incarceration. This withdrawal would prepare the inmate for reentry into society.

Senate Bill 184 would repeal an outdated section of the Code that allows wardens to offer rewards up to $500 for the apprehension and redelivery of escaped convicts. The bill was recommended for introduction and passage by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.

Senate Bill 198 would establish specialized fire safety standards for Bed and Breakfast Establishments (B&Bs). No smoking would be allowed in the B&Bs. Also, the facilities would be required to have smoke alarms in all common areas, guest areas and hallways and to have primary and secondary means of departure.

Senate Bill 229 would provide regulatory relief to banks and credit unions by repealing or amending certain reporting requirements since most of the information is available from federal banking agencies. Banks would no longer have to submit to the State Commissioner of Banking an annual report specifying the location of each office and the amount of loans outstanding in each office for its main office and each branch in the state. Banks would only have to report the amount of deposits and shares held by each office in the state.

Senate Bill 238 would require those in the business of purchasing scrap metal to make record of steel purchases. The entities already have to report the purchase of many other metals.

Senate Bill 248 would temporarily void the requirement that technology expenditures be made in accordance with the Education Technology Strategic Plan. The requirement would be void if the Governor failed to appoint members to the Education Technology Strategic Plan Advisory Committee.

Senate Bill 269 would supplement, amend, reduce and increase existing items in the State Road Fund for the designated spending unit for expenditure during the fiscal year ending June 30, 2005.

Senate Bill 281 would continue the Emergency Medical Services Advisory Council until July 1, 2008. It was created in 1974 to develop, with the Commissioner of the Bureau of Public Health, standards for emergency medical service personnel and to provide advice to the Office of Emergency Medical Services and the Commissioner.

Senate Bill 282 would continue the School Building Authority (SBA) until July 1, 2007. The SBA was created in 1989 to facilitate and provide state funds for the construction and maintenance of school facilities to meet the educational needs of the people of West Virginia.

Senate Bill 283 would continue the Health Care Authority (HCA) until July 1, 2008. The HCA was created in 1983 with the responsibility of collecting information on health care costs, developing a system of cost control and ensuring accessibility to appropriate acute care services.

Senate Bill 284 would continue the Office of the Insurance Commissioner until July 1, 2007. The office was created in 1947 to provide an environment that leads to an affordable and available insurance market by administering and enforcing the Insurance Code of West Virginia.

Senate Bill 285 would continue the Division of Culture and History until July 1, 2007. The division was created in 1977 to help identify and present the ideas, arts and artifacts of West Virginia Heritage.

Senate Bill 286 would continue Public Defender Services until July 1, 2008. The service was established to fund all indigent defense for West Virginia.