Page 308 – Wrap Up

National Guard Leave of Absence Bill Completes Legislation in Senate

Senate Floor Session

admin

-

February 24, 2011

This morning, the Senate concurred with the House of Delegate’s title amendment to Senate Bill 382 and passed the bill. The bill now awaits the governor’s signature.

Also, the Senate adopted Senate Resolution 39, which recognizes the Society of Human Resource Management and Senate Resolution 40, which recognizes volunteers and staff at pregnancy care centers in W.Va. and across the United States.

Senate Concurrent Resolution 37, which urges the W.Va. Delegation to Congress oppose any action by Congress or the President to reduce funding for Community Service Block Grants, was also adopted this morning.

Additionally, the Senate passed Senate Bill 392, which would change the definition of “accredited thoroughbred horse,” after reading it a third time.

Twelve bills and two joint resolutions were read a second time and advanced to third reading. One of the bills was Senate Bill 228, which would create the Local Solution Dropout Prevention and Recovery Act. House Bill 2464, which would add additional requirements to the Ethics Act, was on the calendar for second reading, but will lie over one day and retain its place on the calendar.

Also, 20 bills were read for a first time and advanced to second reading.

The following committees will meet today:
Energy, Industry and Mining – 1 p.m. – 208W
Health and Human Resources – 1 p.m. – 451M
Education – 2 p.m. – 451M
Finance – 3 p.m. – 451M
Judiciary – 3 p.m. – 208W
Transportation and Infrastructure – 5 p.m. – 208W

The Senate will reconvene today at 6 p.m.

In a brief evening session, the Senate received committee reports, and seven bills were read for a first time prior to their second committee references.

These bills are Senate Bill 202, Senate Bill 319, Senate Bill 283, Senate Bill 424, Senate Bill 440, Senate Bill 532 and Senate Bill 465.

The following committees will meet tomorrow morning:
Energy, Industry and Mining – 9 a.m. – 208W
Finance – 9:30 a.m. – 451M
Judiciary – 10 a.m. – 208W

The Senate will reconvene tomorrow at 11 a.m.

Vol. XXII Issue 6

-

February 23, 2011

0

Senate Passes Six Bills, Split Sessions Begin

Senate Floor Session

admin

-

February 23, 2011

0

The Senate memorialized a former co-worker today. The life of Andrew J. Trail was honored with the adoption of Senate Resolution 38.

Along with the adoption of this resolution, the Senate also passed six bills and moved one to third reading for the next floor session. Of these six bills, each were sent to the House for further consideration.

Senate Bill 282 was passed today. This bill would provide for the continuation of the Highway Design-Build Pilot Program. The program would be given a two-year extension under this bill.

Senate Bill 514 would authorize a legislative rule for the Higher Education Policy Commission regarding degree-granting institutions. This bill was passed in the Senate and sent to the House for consideration.

Additionally, Senate Bill 238, Senate Bill 344, Senate Bill 474 and SB538 were passed in the Senate. Senate Bill 392 was sent to third reading for the next floor session.

The following committees will meet today:
Natural Resources– 1:30 p.m., 208W
Government Organization– 2 p.m.- 208W
Finance– 3 p.m.- 451M
Judiciary– 3 p.m.- 451M

The following committees will meet tomorrow:
Finance and Judiciary Joint Committee- 9 a.m.- Senate Chamber
Health and Human Resources– 1 p.m.- 451M

The Senate will reconvene today at 6 p.m.

In a brief evening session the Senate received committee reports and read 12 bills for the first time prior to second committee reference.

These bills include, Senate Bill 360, Senate Bill 391, Senate Bill 414, Senate Bill 564, Senate Bill 553, Senate Bill 423, Senate Bill 511, Senate Bill 549, Senate Bill 550, Senate Bill 423, Senate Bill 547, Senate Bill 556 and Senate Bill 589.

The following committees will meet tomorrow:
Energy, Industry and Mining– 1 p.m.- 208W

The Senate will reconvene tomorrow at 11 a.m.

WV School for Deaf and Blind Rocked the House, Six Bills Passed

House Floor Session

admin

-

February 23, 2011

0

Student’s from the West Virginia School for the Deaf and Blind greeted the House this morning with “Sweet Home West Virginia”–the students’ rendition of the classic Lynyrd Skynyrd song, “Sweet Home Alabama”.

During session, Summer County High School’s Girls Basketball Team received a citation recognizing the teams fourth consecutive state championship win and their West Virginia athletic record of 89 consecutive wins.

Also, the House adopted House Resolution 28 designating February 23, 2011 as “Community Action Day”.

Additionally, six bills were passed this morning during session, including House Bill 2889, which would create the Jason Flatt Act of 2011–requiring annual suicide prevention training for all teachers and principals.

The following committees will meet this afternoon:
Finance – 1:30 p.m. – 460M
Judiciary – 2 p.m. – 410M
Judiciary Subcommittee A – 1:30 – 410M
Government Organization – 2 p.m. – 215E

The following committees will be meeting Thursday morning:
Finance – 9 a.m. – 460M
Judiciary – 8:30 a.m. – 410M

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

Upon reconvening this evening for a brief session, the House heard reports from standing committees and received messages from the Senate.

Also, the House announced a public hearing set for tomorrow at 3:30 in House Chambers– House Bill 3182 will be discussed. In addition, House Bill 3225 will be discussed in a public hearing scheduled for 6:30 p.m. tomorrow, also in the House Chamber.

In the House

admin

-

February 23, 2011

0

As of 4 p.m., on Wednesday, February 23rd, 2011, the 43rd day of the 80th Legislature’s Regular Session, 1,267 bills have been introduced and 82 have passed in the House of Delegates. Of those, 18 passed this week and have been sent to the Senate for further consideration. The bills passed by the House this week include:

House Bill 2542 would clarify certain provisions relating to the access of cemeteries and grave sites located on private land by authorizing agents of family members or decedents to access private cemeteries or grave sites.

House Bill 2555 would create the misdemeanor offense of operating a motor vehicle while writing, sending or reading a text message by means of a wireless communications device.

House Bill 2765 would add provisions to the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART act). This bill would require all plans administered by the Consolidated Public Retirement Board (CPRB) to provide any additional benefits to survivors of participants or members of a plan who died while performing qualified military service on or after January 1, 2007–as if the participant or member had resumed and then terminated employment on account of death.

House Bill 2766 would clarify the authority of the West Virginia Consolidated Public Retirement Board to determine the participating employer contribution rate under the provisions of the Deputy Sheriff Retirement System. The bill would also remove the10.5 percent cap on total employer contributions paid by the county commissions and concurrent employers.

House Bill 2791 would require the superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of 800 troopers by July 1, 2015.

House Bill 2885 would allow a guardian or caretaker to be employed or in an employment contract with a behavioral health provider for the purpose of providing services to the protected person for whom they are acting as guardian.

House Bill 2889 would create the Jason Flatt Act of 2011–requiring suicide prevention training for all teachers and principals.

House Bill 2918 would change the procedure for suspending, revoking or canceling a business registration certificate and would permit a registrant to appeal an order to suspend, revoke or cancel a business registration certificate, for the purpose of nonpayment of property taxes.

House Bill 2939 would clarify the definition of compensation for purposes of calculating required contribution to the Public Employees Retirement System (PERS). Some of the changes include: (1) limiting the definition of compensation for the purposes of withholding contributions or calculating a members final average salary to exclude lump sum or other payments to members that are not comprised in their regular salary, (2) clarifying what happens when a member withdraws his/her accumulated contributions and (3) requiring full payment of all necessary employee and employer contributions if an error involving underpayment of required contributions results in increased payments to a barrier.

House Bill 2971 would make a technical correction under the Consumer Sales and Service Tax to conform to the Streamlined Sales and Use Tax Agreement. Additionally, the bill would change the term “durable medical goods” to “durable medical equipment”.

House Bill 2993 would make several technical changes to correct weak language relating to incorrect terminology, unworkable effective dates, and to disallow some related transactions within the Commercial Patent Incentives Tax Act.

House Bill 3060 would implement a different procedure for determining the credit for utility taxpayers with net operating loss carryovers relating to the corporation net income tax.

In the Senate

admin

-

February 23, 2011

0

As of 6 p.m., Wednesday, February 23, 2011, the 43rd day of the 80th Legislature’s 1st Regular Session, 608 bills have been introduced in the Senate. To date, 15 have completed legislation. Of the bills introduced, 27 passed this week and have been sent to the House for further consideration. Bills passed by the Senate this week include:

Senate Bill 227 would develop a matching grant program to foster the development of creative communities in West Virginia. The bill would provide for the necessary funds to establish the Creative Communities Development Program.

Senate Bill 234 would revise the Municipal Economic Development District Act. It would enlarge the number of municipal corporations that may use sales tax increment financing to provide for any economic development projects.

Senate Bill 235 would revise the County Economic Opportunity Development District Act. This would include the remediation of landfills, former coal or mining sites, solid waste facilities or hazardous waste sites. These sites would be deemed as permissible for development projects under this bill.

Senate Bill 238 would re-designate the Division of Veteran’s Affairs to the Department of Veteran’s Assistance. This bill would provide for the department to be supervised by a cabinet-level secretary.

Senate Bill 243 would change the termination date of the Neighborhood Development Program Act from July 1, 2011 to July 1, 2016. The bill also would provide for an increase of the tax credit given to the program.

Senate Bill 263 would allow non-profit research corporations affiliated with higher education institutions to operate vehicles that have been issued special plates on the road. These corporations must handle research programs dealing with the development of vehicles, special fuels or equipment.

Senate Bill 282 would provide for the continuation of the Highway Design-Build Pilot Program for two more years.

Senate Bill 304 would provide for an alternative means for the initial purchaser of a junked vehicle. It would authorize the initial purchaser to notify the Division of Motor Vehicles of compliance with the National Vehicle Motor Title Information System.

Senate Bill 334 would create a criminal offense for associating with any form of animal fighting ventures. This would include wagering, conducting, financing, managing, supervising, owning or leasing any part of an animal-fighting venture.

Senate Bill 335 would allow certain municipalities to regulate taxis and taxi stands. This bill would give authorization to any Class I or Class II municipalities to regulate taxi services.

Senate Bill 344 would reduce the money required to qualify as a “qualified capital addition to a manufacturing facility” from $50 million to $10 million. The bill would also reduce the total amount of the original cost of the facility.

Senate Bill 357 would add river otters to the list of species that must be checked at an official game check station. A trapper must present any beaver or otter pelt to a game checking station or representative of the Division of Natural Resources within 30 day after the close of legal season.

Senate Bill 358 would authorize electronic registration of wildlife. The electronic registration would be mean submission of all necessary and relevant information must be presented to the Division of Natural Resources, in the manner designated by rules set forth by the director.

Senate Bill 382 would specify activities that grant members of the National Guard of reserve leaves of absence. This bill would provide for additional activities to the list of reasons a member of the National Guard or Armed Forces Reserve shall be permitted this leave of absence.

Senate Bill 390 would create a new crime relating to the invasion of privacy on web-enabled mobile devices. This bill would create a misdemeanor offense for the invasion of a personal, mobile device. This would include: cell phones, text-messaging devices and mobile devices that can access the Internet.

Senate Bill 474 would adopt a limited version of the “Learned Intermediary Doctrine” (LID). The LID shifts the responsibility of providing warning labels on prescription drugs from the manufacturers to the prescribing physician. The bill would be limited to manufacturers not engaged in direct advertising to consumers regarding a particular drug.

Completed Legislation

admin

-

February 23, 2011

0

02/16/2011 – 02/23/2011
House Bill 2882 will allow the Commissioner of Banking to assess state banks on a quarterly basis instead of a semi-annual basis. The bill will establish additional assessment dates on April 1 and Oct. 1. The commissioner will also have to prepare and send all banking assessments by March 15 and Sept. 15.

House Bill 2962 will increase the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders for certain article violations. These violations are in relation to the West Virginia Residential Mortgage Lender, Broker and Server Act.

Fact over Falsehood: Debunking Common Legislative Myths

Nikki Cannon

-

February 23, 2011

0

Fact over Falsehood: Debunking Common Legislative Myths

The West Virginia Legislature is surrounded by a number of myths or misconceptions, ranging from the legislative process to members’ offices. Listed below are several busted, and even confirmed, myths.

MYTH: If a bill is introduced, it must come to a floor vote.
Every bill has the potential to come to a floor vote. First though, the bill must make its way through committees. Even before that, the bill must be placed on the agenda to be introduced into the committee. If the committee has opposition to the bill, the bill will likely go no further than that particular committee.

If the bill is not reported from committee, nor finalized on the floor, then it is said to “die” in committee or “die on the floor.” There are many reasons bills are not taken up for review. Some simply don’t meet the deadlines for appropriate discussion. However, since the Legislature “sits” for two consecutive years, a bill may be reintroduced the following year providing for further review of the idea.

MYTH: All members have their own offices.
While Senate members do have their own offices, with a shared common room for secretaries, House of Delegates members share offices. Most delegates have at least one office mate.

One exception is the major committee House chairs and vice chairs. They have their own offices next to and near the committee rooms they chair.

MYTH: After session ends, everybody goes home.
Legislative Per-diem workers, interns and lobbyists pack the capitol complex during session, but after they have left, there is still a full-time staff that works year round.

In addition, interim meetings, special legislative sessions and an extended budget session the week following the end of the regular 60-day session, bring back lawmakers throughout the year.

MYTH: Meetings are held behind closed doors, without public access.
Most meetings are open to the public or can be heard online through live audio streams. However, party caucuses and meetings restricted to only chairmen are not open to the community.

Additionally, during interim meetings, the Commission on Special Investigations is never open to the public nor is it streamed live because they are exempted by State Code.

MYTH: Only seven members can sponsor a bill.
While this may be the case in the House, the Senate allows for an unlimited number of sponsors on a bill.

Though unlikely, this opens the potential for the entire Senate to sponsor a bill.

MYTH: The Legislature passes hundreds of bills each session.
Over the past 10 years, the Legislature has passed an average of 270 bills per regular session. Over two thousand bills are introduced each session, and approximately 200 will make it to the Governor’s desk to complete the process and become law.

MYTH: All bills must be signed by the governor to become law.
While the Legislature is in session, the governor has five days to approve or veto a bill. After session, the governor has 15 days to act on a bill. If the time lapses, the bill automatically becomes law without the governor’s signature.

Senate Passes 10 Bills, Two Complete Legislation

Senate Floor Session

admin

-

February 22, 2011

0

The Senate recognized today, Feb. 22, 2011, as West Virginia Home School Day. The Senate adopted Senate Resolution 35 to honor teachers and students from home-schooling programs across the state.

Additionally, the Senate also passed 10 bills and moved seven to third reading for the next floor session. Upon passage, each bill was communicated to the House for further consideration.

Of these bills, Senate Bill 193 was passed. This bill would expand the list of responsibilities the law-enforcement training subcommittees would have. The bill clarifies and explains the subcommittee’s duties and gives them specific authorities.

Senate Bill 243 would extend the termination date of the Neighborhood Investment Program Act. By passage of this bill, the date would be changed from July 1, 2011 to July 1, 2016.

A bill that would allow county fire chiefs to appoint members from their company to serve as designated members on property safety enforcement agencies. Senate Bill 388 was passed and sent to the House for further review.

Along with these bills, House Bill 2882 and House Bill 2962 have completed legislation and are awaiting the Governor’s signature. Senate Bill 241, Senate Bill 263, Senate Bill 460 and House Bill 2556 were also passed.

The following committees will meet today:
Health and Human Resources– 1 p.m.- 451M
Banking and Insurance– 2 p.m.- 208W
Education– 2 p.m.- 451M
Finance– 3 p.m.- 451M
Judiciary– 3 p.m.- 208W

The following committees will meet tomorrow:
Labor– 9 a.m.- 208W
Energy, Industry and Mining– 10 a.m- 208W
Government Organization– 2 p.m.- 208W

The Senate will reconvene tomorrow at 11 a.m.

State Champions Recognized in House

House Floor Session

admin

-

February 22, 2011

0

The Woodrow Wilson Flying Eagles Soccer Team received a citation from the House of Delegates recognizing the teams 2010 State Championship win.

During session, the House designated February 22, 2011 as “West Virginia Home School Day” at the Legislature by House Resolution 26.

Additionally, the House had four bills on first reading and eight bills on second reading. Among the bills on second reading included House Bill 2889, which would create the “Jason Flatt Act of 2011”.

The following committees will meet today:
Constitutional Revisions– 2 p.m. – 410M
Health and Human Resources – 4 p.m. – 215E
Political Subdivisions – 1 p.m. – 215E
Senior Citizen Issues – 3 p.m. – 215E

The following committees will be meeting Wednesday morning:
Banking and Insurance – 10 a.m. – 215E
Natural Resources – 9:15 a.m. – 215E
Pensions and Retirement– 10 a.m. 410M

The House will reconvene tomorrow at 11 a.m.