Page 288 – Wrap Up

In the House

admin

-

February 29, 2012

As of 4 p.m., Wednesday, February 29, 2012, the 50th day of the 80th Legislature’s 2nd Regular Session, 1348 bills have been introduced in the House. Of those, 120 have passed the House and have moved on to the Senate for further consideration. Bills passed by the House this week include:

House Bill 2278 would authorize the use of additional mediums for use in archiving state records as well as allow county historical societies to obtain one copy of an archived state record without cost.

House Bill 2657 would create the West Virginia Religious Freedom Restoration Act. The bill would not give any government entity the right to burden a person’s religious beliefs or to deny government funds, benefits, or exemptions.

House Bill 2740 would remove any provisions that may prevent the installation and use of commercial or residential solar energy systems. In instances involving a housing development or association, the solar energy systems may be established or removed upon vote of the area’s members.

House Bill 4020 would put into place a program to recognize top-scoring students on the WESTEST2 as All-State students. The provisions of the bill would become effective for the 2012-2013 academic school year.

House Bill 4028 would give authorization to temporarily suspend the certification or licensure of emergency medical service personnel if the person is believed to be practicing procedures that may create a danger to public health or safety. If probable cause for suspension would exist, an emergency suspension would be issued and a hearing would be held within 10 days.

House Bill 4030 would prioritize the partial payment of costs, fines, fees, forfeitures, restitution, penalties or other costs imposed in a magistrate court in civil and criminal matters.

House Bill 4037 would give consideration of military training and education when determining professional or occupational licensing. Also, the bill includes legislative finding in regards to the military and lists provisions as to when a licensee can submit a waiver request to certain boards.

House Bill 4049 would require that the Department of Environmental Protection maintain an Office of Internal Auditing. The auditor staffed in the office would be required to have at least five years of auditing experience in a government agency.

House Bill 4068 would require antique motor vehicles be valued at salvage value for personal purposes and the value cannot exceed $1,000.

House Bill 4260 would make changes in order to clarify insurance coverage for autism spectrum disorders. The bill would specify application of benefit caps, add an evaluation of autism spectrum disorder to the specified coverage, and clarify the diagnosis, evaluation and treatment requirements.

House Bill 4327 would require pulse oximetry testing for newborns. The test would check for congenital heart defects that can cause severe and life-threatening symptoms and require intervention within the first days of life.

House Bill 4530 would create a new section of Code relating to the recovery of expanded net energy costs by electric utilities through the issuance of consumer rate relief bonds. The bill would authorize the Public Service Commission to consider and issue a financing order to regulated electric utilities to permit the recovery of the energy costs.

House Bill 4351, the Mine Safety bill, would allow miners to submit anonymous tips about safety issues, require ventilation plans be submitted, and allow families to be part of the interview process should another mining disaster occur.

House Bill 4475 would encourage recent graduates to remain in West Virginia by reducing the federal adjusted gross income. The tax credit would be applicable to those who receive a bachelor’s or graduate degree in science, technology, engineering, mathematics, nursing or teaching from any regionally accredited in-state or out-of-state higher education institution or any regionally accredited in-state community and technical college. Graduates must also remain in state after graduation.

House Bill 4583 would modify certain deadlines associated with the termination, resignation and transfer of school personnel – and sets the deadline for voluntary transfers to before the beginning of an instructional term.

In the Senate

admin

-

February 29, 2012

0

As of 4 p.m., Wednesday February 29, 2012, the 50th day of the 80th Legislature’s 2nd Regular Session, 174 bills have passed the Senate and will move on to the House for further consideration. Bills passed by the Senate this week include:

Senate Bill 4 would declare a child’s right to nurse. The bill also authorizes a mother to breast feed a child in any location where the mother and child have a right to be.

Senate Bill 51 would provide for denial of spousal support if it can be proven through DNA evidence a spouse has committed adultery after entry of the divorce decree.

Senate Bill 60 would make it a felony to drive a vehicle while under the influence of alcohol, a controlled substance or other drug and recklessly cause serious bodily injury to another person. It would also establish penalties for first and subsequent violations of certain provisions.

Senate Bill 110 would modify and increase the membership of the Broadband Deployment Council. The bill would also expand the powers and duties of the Broadband Deployment Council.

Senate Bill 212 relates to the disruption of communications and public utility services. The bill would also define terms and establish criminal penalties for disrupting the communications or public utility equipment.

Senate Bill 340 would require the West Virginia Secondary Schools Activities Commission (WVSSAC) to promulgate rules that address concussions and head injuries in interscholastic athletes. The bill would set forth minimum provisions to be included in the rules and exempt volunteer health care providers from liability in certain instances.

Senate Bill 421 would regulate deer farming as an agricultural enterprise in this state. The bill would also state the powers and duties of the Department of Agriculture, establish the duties and obligation of the commissioner and create an application process.

Senate Bill 437 would address the regulation of opioid treatment programs in West Virginia. The bill would also update rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements.

Senate Bill 564 would create the Aviation Fund and the Fleet Management Office Fund. The fund requires the moneys in these funds do not expire, the funds be used for aviation and fleet management purposes, and costs and expenses muse be borne by the agency or department using the aviation or fleet services.

Senate Bill 566 would authorize the Commissioner of Corrections to contract with nonprofit and charitable organizations for work-release and inmate reentry services. It would also allow circuit courts to directly place convicted defendants in such facilities.

Senate Bill 624 would provide a method of collection of motor fuel excise taxes when liquefied natural gas or compressed natural gas are used as motor fuel.

Completed Legislation

admin

-

February 29, 2012

0

House Bill 4087 is in regard to the discontinuance of the severance and business privilege tax on severing timber. The bill details the tax provisions in terms of the rate and measure of tax and the elimination of taxes imposed on the severance of timber.

House Bill 4493 would establish special memorial days for veterans. The bill would state the governor could declare March 30 to be Vietnam Veteran Recognition Day, August 7 as Purple Heart Recognition Day, and July 27 to be Korean War Veteran Recognition Day.

House Bill 4415 would create a statutory corporation to acquire, renovate and maintain the railroad station building located in Prince, West Virginia once it is no longer used as a railroad station. The building would be modeled in the interest of the public.

Part-Time Legislature, Full-Time Focus

Eden Adkins

-

February 29, 2012

0

Traditionally, the West Virginia Legislature is a citizens’ legislature comprised of average citizens representing the interests of the public. Elected officials have backgrounds in a wide range of professions from physicians to educators, coal miners to lawyers, insurance agents to nurses. Commonalities between the lawmakers include their allegiance to West Virginia and their desire to improve conditions for its citizens. On the second Wednesday of January each year, these representatives hang up the hats of their chosen professions and leave the comfort of their own homes to undergo a strenuous 60-day session for the benefit of their constituents.

Though the lawmakers are called in for interim meetings and special sessions throughout the year to study various topics, the bulk of decision-making takes place during the regular session. Over 2,000 bills are introduced during each session and approximately 200 make it to the Governor’s desk. The 60-day session may seem brief, but the progress made by these representatives is not to be taken lightly.

A typical day for a lawmaker may begin with a committee meeting. Legislators collaborate to form 19 Senate Committees and 18 House committees. Legislation is considered within these committees and amendments and recommendations are presented to the bodies at large. Each Delegate is a member of at least one major committee and each Senator is typically among the membership of two major committees. These committees, including the Judiciary, Education, Finance and Government Organization of either chamber, meet nearly every day, often twice a day, to discuss bills at length.

In late morning, the bodies convene for their respective floor sessions. During the floor sessions, resolutions are adopted to recognize groups and individuals. Lawmakers introduce visiting pages and guests to the members. Afterwards, bills placed on the calendar are introduced and others are read for a first, second or third time. Bills being read for the third time are discussed and voted on by the legislators. Miscellaneous business is dealt with and further remarks are made by members. The House and Senate typically adjourn following their morning floor sessions, but as the session progresses, the bodies may go into recess after a morning session and reconvene in the afternoon for a second meeting, as needed.

Following the morning floor sessions, lawmakers attend additional committee meeting and public hearings. The most controversial, complex bills may be addressed through public hearings. These public hearings are often lead by sponsors and advocates of the bill and draw attention from the public as well as outside interest groups. Lengthy discussion often causes afternoon meetings and hearings to run late into the evening.

At the close of each day, lawmakers return to their offices to respond to a variety of correspondence and prepare themselves for the day to come.

To add to their responsibilities, the Capitol Rotunda is at capacity with visitors. Celebratory days at the Legislature such as “Fairs & Festivals Day,” “Corrections Day” and “History Day,” bring people from across the state to the Capitol. Lawmakers are able to meet with some of their constituents and gain a better understanding of what is happening throughout the state.

Despite the part-time nature of the West Virginia Legislature, the efforts of its members are quite the opposite. For an intense, productive 60 days, these men and women are swept away from family, friends, work and personal priorities. Year-round, they carry the designation and workload of a lawmaker, recognizing and fulfilling their responsibility to the citizens of West Virginia.

Vol. XXIII Issue 7

Cheyenne DeBolt

-

February 29, 2012

0

Senate Passes 30 Bills

Senate Floor Session

admin

-

February 29, 2012

0

This afternoon’s floor session began with the adoption of Senate Resolution 46 which honored and affirmed sister-state relationship between West Virginia and Taiwan Province, Republic of China.

The Senate also passed 30 bills. Among those bills was Senate Bill 437. The bill would relate generally to substance abuse. It would address the regulation of opioid treatment programs in West Virginia. The bill would also update rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements.

Another bill that passed is Senate Bill 490, which would make trademark counterfeiting a crime. The bill would establish the elements of the crime, the different degrees of violation and penalties.

Senate Bill 608 also passed. The bill would authorize search warrant for blood draw for driving under the influence of a controlled substance or substances or a combination of a controlled substance or alcohol substances.

There were also three bills read for a second time. One of the bills is Senate Bill 135, which would consider military training, experience and education toward professional or occupational licensure qualifications.

The following committees will meet today:
Judiciary 3 P.M. – 208W
Interstate Cooperation 1:30 P.M. – 451M

The following committees will meet tomorrow:
Energy, Industry and Mining 9 A.M. – 208W

The Senate is adjourned until 11 A.M.

House Adopts Homestead Exemption Amendment

House Floor Session

admin

-

February 29, 2012

0

Today marks the 50th day of the 80th regular session. This day has been labeled “cross-over day,” which means today is the last day legislators can consider bills or joint resolutions on third reading in the house of origin, excluding the budget bill and supplementary appropriation bills. Legislators endured a lengthy floor session discussing and debating a total of 35 bills read on third reading during the morning session.

House Joint Resolution 113, which involves the “Homestead Exemption Increase Amendment,” was adopted unanimously today in the House. This resolution would extend homestead exemption to a surviving spouse who is under 65 years of age and not totally disabled under certain circumstances after the death of the qualifying spouse. The resolution would also allow each county the option to increase the homestead exemption from $20,000 to an amount of no more than 50 percent of the average residential property value. The House also read and passed Senate Bill 221 on third reading. This bill, also known as the Jason Flatt Act of 2012, would require routine suicide prevention training for all teachers and principals.

The following committees will meet tomorrow morning:

Agriculture- 8:30 a.m.- 215E

Natural Resources- 9:15 a.m.- 215E

Pensions and Retirement- 10 a.m.- 460M

The House is in recess until 3 P.M.

Update:

The House continued its passage of bills on third reading during session this afternoon following a recess. Of those passed, House Bill 4251 would permit the restructuring of child support payments for inmates who are released, and House Bill 4626 would increase the amount of state police principal supervisors.

The House also suspended the constitutional rule requiring that House Bill 4396be read three separate days and voted for the passage of the bill during today’s session. House Bill 4396 would authorize death benefits to the surviving spouse of law enforcement officers.

Five bill were advanced to second reading as well.

The House is in recess until 5:30 p.m.

Update:

The House met once more today for the passage of three bills on third reading. House Bill 3157 would add another family court judge to the twenty-third family court district, House Bill 4549 would impose a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements, and House Bill 4613 would further develop the state’s broadband internet reach and capabilities in remote areas.

The House is adjourned until 11 a.m. tomorrow morning

Mine Safety Bill Passes in House During Morning Session

House Floor Session

admin

-

February 28, 2012

0

Several Delegates including the Speaker of the House were moved to speak in favor of the bill regarding mine safety during the floor session this morning. After many heartfelt remarks, House Bill 4351 passed unanimously. The mine safety bill would allow miners to submit anonymous tips about safety issues, require that ventilation plans be submitted, and allow families to be part of the interview process should another mining disaster occur among other things.

There were also 13 other bills passed during this morning’s session. Among those was House Bill 4475, which encourages recent graduates to remain in West Virginia by reducing the federal adjusted gross income, and House Bill 4392, which involves the equal compensation of state magistrates, magistrate assistants, and magistrate county clerks.

The following committees will meet today:

Government Organization- Immediately following 2nd session- 215E

Judiciary- Immediately following 2nd session- 410M

The House is in recess until 2: 30 P.M.

Update:

During this afternoon’s floor session, the House advanced 61 bills to third reading with few amendments. Included in those advanced was the Committee Substitute for Senate Bill 221, which relates to the Jason Flatt Act, and House Bill 4310, which would prohibit sex offenders from living within 1,000 feet of a school, child care facility, or playground.

The House is adjourned until 10 a.m. tomorrow.

Six Bills Pass House in Morning, Complete Legislation On One

House Floor Session

admin

-

February 27, 2012

0

The House passed several bills on 3rd reading today with one bill in particular considerable debate. House Bill 4486 passed and is in relation to the disclosure of insurance coverage.

Additional bills passed on the floor include House Bill 4583, which deals with the termination and resignation deadlines of school personnel, and House Bill 4322, which would add coyote and fox to the list of species to be permissible to hunt at night with artificial light. There were also three others bills passed which were House Bill 2278, House Bill 4236, and House Bill 4424.

The following committees will meet today:

Health and Human Resources- 4 p.m.- 215E

The House is in recess until 2 P.M.

Update:

Following this morning’s floor session, the House met in the afternoon to complete legislation on House Bill 4493 and advance many others. With the signature of Governor Tomblin, House Bill 4493 will establish memorial days for certain military veterans.

Twelve bills advance to 3rd reading including House Bill 4645, which involves changing the membership requirements for a board of governors, and House Bill 4257, which would allow opportunities for late voter registration for citizens overseas.

A total of 58 bills were advanced to second reading on the House Special Calendar.

The following committees will meet this afternoon:

Finance- 3 p.m.- 460M

Judiciary- 3 p.m.- 410M

The House is adjourned until 11 a.m. tomorrow.

Senate Passes 13 Bills

Senate Floor Session

admin

-

February 27, 2012

0

In today’s floor session, the Senate passed 13 bills and read 45 for a second time. One of the bills that was passed is Senate Bill 386, which would clarify entities included in waters-edge group for net income tax. The bill would provide clarification of the entities to be included in a water’s-edge group for corporation net income tax purposes.

Another bill that was passed is Senate Bill 572, which would replace the term “advanced nurse practitioner” with “advanced registered nurse.” It would provide a new definition, make technical corrections, and provide a grandfather clause that would permit the West Virginia Board of Examiners for Registered Professional Nurses to set an application fee.

One bill that was read for a second time is Senate Bill 576. This bill would change the school personnel termination, resignation, retirement and rehiring deadlines.

The following committees will meet today:
Judiciary 3 P.M. – 208W
Finance 2 P.M. – 451M

The following committees will meet tomorrow:
Government Organization 10 A.M. – 208W
Economic Development 9 A.M. – 451M
Transportation and Infrastructure 10 A.M. – 451M

The Senate will be in recess until 5:30 p.m.

UPDATE: The Senate met after a recess to take up committee reports and read 15 bills for the first time. One bill that was read for the first time was Senate Bill 51, which would provide that adultery is a bar to receiving alimony in a divorce proceeding. It also allows an adjustment to be made if a party learns of adultery after entry of divorce decree. Other bills included Senate Bill 149 , Senate Bill 153 , Senate Bill 342 and Senate Bill 362.

The Senate is adjourned until 11 A.M.