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Completed Legislation

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

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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.

In the Senate

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.

In the House

As of 4 p.m. Wednesday March 2, 2005, the 22nd day of the Regular Session, 847 bills have been introduced in the House of Delegates. Of those, 12 have passed since February 24th and have been sent to the Senate for its consideration.

House Bill 2106 would allow the Bureau for Child Support Enforcement to withhold a portion of a worker’s compensation check. This would occur in situations such as when an individual is receiving compensation and owes unpaid child support. The Bureau for Child Support Enforcement would have specified amounts withheld otherwise payable to the recipient of support owed.

House Bill 2176 would expand the offense of intimidating a judge or magistrate to include harassment beyond the courtroom. This bill also would apply to times when the judge or magistrate are off duty and provide that the offender must have knowledge that the individual is a judge or magistrate. A person found guilty under this offense would be guilty of a misdemeanor and confined in jail for not more than one year and/or fined not more than $1,000.

House Bill 2186 would restrict the process of the involuntary commitment of addicted persons who are likely to cause serious harm to themselves or others. This bill would place restrictions on such involuntary commitments. Under this bill, a probable cause hearing may occur in the county where a person is hospitalized and video conferencing may be used for the hearing. The individual would only be involuntarily hospitalized until detoxification is accomplished.

House Bill 2329 would allow a judge to require a defendant to contribute monetarily, or through hours of service, to a local crime victim’s assistance program or juvenile mediation program which meets the following requirements: the program is approved by a circuit judge presiding in the judicial circuit; and, the program is a nonprofit organization certified as a corporation in this state and is governed by a board of directors. The contribution could be used as the sole source of punishment or a supplemental punishment.

House Bill 2477 brings provisions of the Code relating to personal property exemptions into conformity.

House Bill 2517 would specify safety requirements for transporting compressed gas on state highways. These requirements would include equipping the cylinder with securely attached metal caps of sufficient strength to protect valves from damage during transportation and constructing the cylinder so the valve is recessed into the cylinder. These requirements would not apply to propane gas used for household purposes.

House Bill 2593 would amend a portion of the West Virginia Code relating to land use planning; make technical corrections by repealing superceded sections; and, remove the requirement of Board of Zoning Appeals to pay attorneys’ fees on certain appeals.

House Bill 2623 would continue the Public Land Corporation until July 1, 2009. This Corporation was created to preserve, protect and enhance the State’s title to its recreation lands for today’s citizens, visitor users and future generations.

House Bill 2592 relates to the Design-Build Procurement Act. This bill would provide for reimbursement of expenses for the members of the Design-Build Board. The bill also modifies the duties and responsibilities of the Design-Build Board and provides for its continuation.

House Bill 2634 would provide for technical amendments in the West Virginia Code concerning the West Virginia Commission for the Deaf and Hard of Hearing. These changes would include deleting the requirement that the Commission must maintain a registry and census of persons who are deaf or hard of hearing and removing the hyphens in the name of the West Virginia Commission for the Deaf and Hard of Hearing.

House Bill 2666 would continue the Department of Health and Human Resources until July 1, 2006. The Department of Health and Human Resources is intended to help shape the environments within which people and communities can be safe and healthy.

House Bill 2667 would continue the West Virginia Commission for the Deaf and Hard of Hearing until July 1, 2009. Its mission is to advocate for, develop and coordinate public policies, and create regulations and programs to assure full and equal opportunity for persons who are deaf and hard of hearing in West Virginia.

A Sampling of Bills Introduced In the House

House Bill 2641 would allow for the election of justices of the Supreme Court of Appeals on a nonpartisan basis. The official ballots would not list any party affiliated with any justice who is running for the position of justice of the Supreme Court of Appeals.

House Bill 2649 would require basic training in Alzheimer’s and dementia in certain health care facilities. Training would be conducted under the supervision of a licensed operator and would include a basic understanding of Alzheimer’s disease and related dementia.

House Bill 2658 would require police agencies that hire graduate recruits within three years of the date they graduated from the State Police Academy to pay a share of cost of the training to the sponsoring police agency that funded the training.

House Bill 2663 would update the law relating to the digging, growing, harvesting and sale of Ginseng. Under this bill, a person digging, collecting, or gathering wild Ginseng on another person’s property must first obtain written permission from the land owner.

House Bill 2774 would establish multiple pilot programs, such as the Court Referral Officer Program, which would promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeated substance abuse offenders.

House Bill 2833 would create the Better Sight for Better Learning Act. This act would provide for a state program that would issue a professional eye exam for each child in West Virginia prior to enrollment in grade school. The exam would be performed by a licensed optometrist or ophthalmologist.

House Bill 2842 would establish a program that would distribute cellular telephones to seniors and low income families, among others. These cellular phones would be used for emergencies only. The Commissioner of the Bureau of Public Health would establish a program for collecting used cellular telephones from retailers, wholesalers, individuals or any other source for reprogramming.

Completed Legislation

As of 4 p.m. March 3, 2005, one bill has passed both the House and the Senate and has been sent to the Governor for his approval. Senate Bill 261 provides a mechanism for a special election to be held June 25, 2005 for state voters to ratify or reject the Legislature’s proposed “Pension Bond Amendment” to the State Constitution.

The amendment, adopted during the Jan. 2005 Special Session, proposes to permit additional general obligation bonds to be issued and not to exceed $5.5 billion to help pay down the State Teachers Retirement System, the Judges’ Retirement System and the Public Safety Death, Disability and Retirement System the State has already been paying.

Electronic Tracking Assists Public in Following Legislation

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As technology advances, the “Well” area of the Capitol Rotunda takes on a new role, allowing constituents and lobbyists to utilize wireless internet connections, providing access to the World Wide Web. (Photo: Martin Valent)

The Internet has had a large impact on the everyday lives of Americans. Possibly, one of its most significant social implications has been its ability to bring government closer to the people. Indeed, with the advent of broadband technology, the public’s connection to government has become virtually instantaneous.

Over the last two years, broadband usage in West Virginia households has nearly doubled. Twenty percent of the 736,000 households in West Virginia subscribe to a broadband Internet service offered by a telephone or cable television company. Users are always connected and broadband allows multiple computers to share the service by networking them together either with a cable or wirelessly.

But, a broadband connection is not required to use the Internet. A dial-up connection is quite adequate for citizens to find information about their government. Dial-up users connect to the Internet by plugging their standard phone lines into their computers. The computer then makes a call to another computer which gives it access to the World Wide Web.

The goal of the West Virginia Legislature’s Web site is to put representative government at the fingertips of the people. Almost any legislative document, from bills to district maps, can be viewed or printed directly from the site. Access to information is instant and convenient, which reduces print and distribution costs, and in turn, saves taxpayers’ money.

The site received a facelift between last session and the present. A more visually appealing interface, as well as a more streamlined navigation system, are two of the many features updated to better suit the public’s needs. Lawmakers, lobbyists and the general public have all contributed to the advancement of the site. Their insight and suggestions have been incorporated into the site’s ever evolving interface.

Through conversations with constituents and lobbyists, the Legislature developed a Personalized Bill Tracking system on the Web site. This feature may be one of the most popular services offered. Although it was introduced in last year’s Regular Session, Personalized Bill Tracking has been modified and enhanced for the current session. It allows individuals to gather information from the site more efficiently. While it is possible to find which bills were introduced on a given day or which bills are sponsored by a certain lawmaker through the site’s Bill Status link, Personalized Bill Tracking is the only feature that allows someone to view the status of multiple bills of specific interest all on one page. The service has become so popular that more than 1,500 users have registered as of March 1st. It has been growing by about 100 new users a day.

To use the service, one would just have to create a username and password, give a valid e-mail address and his or her first and last names. Once logged in, it is very simple to create a list or add bills to an existing list by clicking on the link at the top left.

Previously, only 10 bills could be grouped together in a list. Now, an unlimited number of bills can be tracked together and the user has the ability to name each list rather than having it automatically named for them. If the user wants to add to an existing list, then he or she would simply type in the name of the list and add a bill the same way.

Aside from Personalized Bill Tracking, the Legislature’s Web site also provides additional constituent services, such as legislative contact information and e-mail addresses. A list of all senators and delegates with their Capitol addresses and phone numbers are displayed on one page. And, a citizen can even search for the representatives by using his or her zip code. This will list each of their lawmakers from both the House and Senate with e-mail addresses, as well as their hometown business phone number, in case the Legislature is not in session.

As the Legislature continues to make strides in providing important information electronically to citizens and engaging them to become part of the legislative process, developers of the Web site welcome comments and suggestions on how to further this source of communication. This is just one more way that the Legislature is working to bridge the gap between the Capitol and constituents.

In the Senate

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As of 4 PM, Wednesday, February 23, 2005, the 15th day of the 2005 Regular Session, 269 bills have been introduced in the Senate. Of those, five have passed the Senate and will now go to the House for its consideration. Some include:

Senate Bill 153 would change the provision in Senate Bill 1003 that was passed during the first Extraordinary Session of 2005 which relates to the confidentiality of Ethics Commission proceedings. It would provide for and modify the penalties for breaching confidentiality and submitting false information. Anyone found disclosing confidential information is subject to sanction, which would prohibit future complaints from being filed from the violator. As well, anyone found giving false information or coercing someone to give false information could be sanctioned by the Commission.

Senate Bill 213 would continue the Oral Health Program until July 1, 2007. Created within the Bureau for Public Health in 2002 with the passage of the Oral Health Improvement Act, it focuses on prevention and detection programs for oral cancer.

Senate Bill 214 would continue the West Virginia Acupuncture Board until July 1, 2008. It was established in 1996 with the passage of the Acupuncture Act. Its purpose is to protect consumers by controlling the licensing and regulation of acupuncturists. It reviews all applicants to ensure only qualified individuals are permitted to practice acupuncture in West Virginia.

Senate Bill 215 would continue the West Virginia Board of Accountancy until July 1, 2007. It became a state agency in 1959 to administer and enforce the provisions of the West Virginia Board of Accountancy Law. The Board issues and renews certificates, registrations, permits and administers the Certified Public Accountant (CPA) Examination.

A Sampling of Bills Introduced In the Senate

Acts
Senate Bill 239 would establish a Joint Legislative Oversight Commission of Flooding, State Flood Protection Planning Council and a State Flood Protection Planning Advisory Committee. Duties of these committees and council would revolve around the prevention and cleanup of flood affected areas, as well as the planning of protocol for such an event.

Banks and Banking
Senate Bill 258 would require that the minimum monthly payment on credit cards be set at an amount equal to the monthly interest accrued on the outstanding balance. It is meant to protect the cardholder from going further in debt when paying only the minimum payment.

Domestic Relations
Senate Bill 208 would establish a marriage license discount for applicants who have completed a previously approved marriage counseling class. The courses would be four hours of instruction and cover conflict management, communication skills, financial responsibilities and children and parenting responsibilities.

Education
Senate Bill 212 would allow higher education professors to be eligible for incremental pay and also the annual increment increase awarded for experience that other state employees already enjoy. Those eligible would be any employee of a state institution of higher education, the Higher Education Policy Commission or the Council for Community and Technical College Education.

Senate Bill 243 would require each county Board of Education to employ at least one full-time school nurse for every 1,500 students in grades kindergarten through 12. Current law requires a nurse for students in grades kindergarten through seven.

Floods
Senate Bill 256 would require insurance companies to inform policyholders when their policies do not cover flood damages. It also would provide that policyholders be able to contact their agents or the National Flood Protection Program administered by Federal Emergency Management Agency (FEMA) to find out how to obtain coverage.

Health
Senate Bill 236 would require all staff at facilities providing services to residents in a care facility such as a nursing home to complete basic Alzheimer’s disease and dementia training. The training would include a basic understanding of dementias, communication approaches, techniques, activities and programming appropriate for those with Alzheimer’s or dementia. The curriculum would require information packets to be presented to and reviewed with staff and two hours per year of Alzheimer’s disease and dementia training.

Military Affairs
Senate Bill 227 would allow active duty members in the United States Military an exemption from ad valorem taxes, better known as property taxes, specifically for a motor vehicle. The tax exception would be applied each to taxable year the person is in the military on active duty.

Municipalities
Senate Bill 237 would allow municipalities to increase the rate of the imposed hotel occupancy tax to no more than six percent. A municipality must hold a public hearing about a proposed increase before enacting it. At least 50 percent of the net revenue must be used for the promotion of conventions and tourism. The rest may be used for arenas, auditoriums, civic centers and convention centers; the payment of principal or interest or both on revenue bonds issued to finance convention facilities; the construction, operation or maintenance of public parks, tourist information centers and recreation facilities; the promotion of the arts, historic sites, beautification projects; or medical care. The bill would provide a misdemeanor penalty for those who use the funds collected from the tax for purposes not specified in the bill.

In the House

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As of 4 p.m. Feb. 23, 2005, the 15th day of Regular Session, 623 bills have been introduced in the House of Delegates. Of those, 12 have passed the House and will now go to the Senate for its consideration. Some include:

House Bill 2444 would make a DUI conviction dependent upon the finding of guilt or a no contest plea. The bill also would require anyone who is convicted of more than one DUI during a 10-year period to participate in the Motor Vehicle Alcohol Test and Lock Program for Repeat Offenders. The program would order a Breathalyzer device in any vehicle the person drives and would keep the vehicle from functioning if the device detects any alcohol. The person also must blow into the device intermittently while driving. Existing law revokes the person’s license for growing periods of time with each conviction.

House Bill 2328 would allow written advisory opinions and rulings from the West Virginia Ethics Commission Committee to be used as an absolute defense in certain criminal actions and to set precedence for similar rulings. This bill would strengthen the rulings of the Commission Committee and reduce duplicate decisions.

House Bill 2177 would establish a new state license plate to designate city or municipality law enforcement officers. Each municipality would be required to submit a list of law enforcement vehicles to the Commissioner along with a $10 fee for each vehicle.

House Bill 2333 would establish a program that limits liabilities which could arise for a landowner during the reclamation of land or the curtailing of water pollution. The bill would allow exemptions from liability for persons who provide reclamation equipment. These measures are being proposed to encourage the voluntary reclamation of lands that have been negatively affected by mining, aid in the protection of wildlife, decrease soil erosion, aid in prevention, lessen the pollution of rivers and streams, protect and improve the environmental values of citizens and to eliminate health and safety hazards.

House Bill 2449 would allow the West Virginia Board of Manufactured Housing Construction and Safety to continue until July 1, 2011. The Board, with six members and a Commissioner each appointed by the Governor, oversees manufacturer licenses, dealers and manufactured home installers that conduct business in the state. The Board also revokes or suspends licenses in accordance with set standards, and sets the amounts of license fees and bonds.

A Sampling of Bills Introduced In the House

Education
House Bill 2461 would require county superintendents of schools to maintain a database of each student who drops out of school before completing his or her degree. At the end of each semester, the County Superintendent would report the names and mailing addresses of students who have dropped out of school to the State Superintendent of Schools and the Director of the Mountaineer Challenge Academy.

House Bill 2463 would allow the State Superintendent to designate a geographical area a “School Choice Zone” if multiple school district transfer appeals were received from the same area. Any student residing in the “School Choice Zone” would be able to attend school in a neighboring county if they so chose.

Fire Fighting and Prevention
House Bill 2513 would increase a surviving spouse’s death benefits under a municipal police officer’s or firefighter’s pension from 60 to 80 percent of the member’s pension. The surviving spouse or dependents of any member who dies from service rendered through the member’s duties would receive the same death benefits as a member who has been in continuous service for more than five years. This would be regardless of the length of the member’s service, or whether that member was receiving disability pension or temporary disability payments at the time of his or her death.

Food and Food Services
House Bill 2580 would implement a plan to phase out the consumer sales tax on food over a 10-year period. If passed, beginning July 1, 2005 and each following year, the general consumer sales and service tax on food would be reduced by the same amount of the increase over last year’s revenue collections of the tax.

Funds
House Bill 2506 would create the West Virginia Military Family Relief Fund. The Department of Tax and Revenue would place a provision on West Virginia personal income tax returns for taxpayers to designate a portion or all of his/her tax refund to the West Virginia Military Family Relief Fund. The Department of Military Affairs and Public Safety, with the advice of the Adjutant General, would have the power to make grants from the Fund to families of members of the West Virginia National Guard and to residents of this state who are members of the reserves of the Armed Forces of the United States who have been called to duty since Sept. 11, 2001. Funds paid into the account also would be derived from interest to the account, or any gifts, grants, transfers or other donations which may be received from any governmental entity or any person, firm, foundation or corporation. Any interest or other earnings would remain in the Fund at the end of any fiscal year and would not revert to the General Fund.

Legislature
House Bill 2003 would restrict legislative members’ expense claims the following ways: Current interim compensation would be reduced; only “reasonable and necessary” expenses from members would be repaid; receipts would have to be presented by legislative members to make expense claims; legislative members, with some exceptions, would not be able to receive a “per day” payment for more than three days during an extension of the Regular Session solely for budget consideration; travel expenses would be restricted to the continental United States; with certain exceptions, no more than five members of each house would be reimbursed for travel to any one event; and, a legislative member would not be eligible for travel more than once a year.