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In the Senate

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As of 4 p.m., Wednesday, February 16, 2011, the 36th day of the 80th Legislature’s 1st Regular Session, 533 bills have been introduced in the Senate. Of those, 20 passed this week and have been sent to the House for further consideration. Bills passed by the Senate this week include:

Senate Bill 61 would authorize the Supreme Court to appoint hearing officers for juvenile drug courts.

Senate Bill 196 would make it a crime to rob or attempt to rob a person under the pretense of having a deadly weapon. It would also increase certain criminal penalties.

Senate Bill 205 would update the meaning of “federal taxable income,” as well as certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act. The bill would conform the terms to align with their meaning under the Internal Revenue Code for federal income tax purposes.

Senate Bill 215 would update the meaning of “federal adjusted gross income,” as well as certain other terms used but not defined in the West Virginia Personal Income Tax Act. The bill would conform the terms to align with their meanings under the Internal Revenue Code for federal income tax purposes.

Senate Bill 219 would authorize the loan of funds from the Rainy Day Fund to the Unemployment Compensation Fund when funds are necessary to ensure that the Unemployment Compensation Fund contains at least $20 million to pay all unemployment claims. The bill would also require that loans from such funds would be repaid in full without interest from money in the Unemployment Compensation Fun in excess of $20 million.

Senate Bill 222 would amend the West Virginia Municipal Police Officers and Firefighters Retirement System to ensure the continuance of a qualified status under federal tax law. The bill would also amend the direct rollover provision of the plan by adding Roth IRAs to the definition of “eligible retirement plan” and amending the definition of “eligible rollover distribution” to provide that distributions of after-tax amounts may be rolled over to a Roth IRA.

Senate Bill 239 would extend the period higher education institutes would have to deposit monies into research endowments.

Senate Bill 255 would supplement, amend, add a new item and increase existing items of appropriation in certain accounts for the designated spending units for expenditure during the fiscal year 2011.

Senate Bill 280 would change certain deadlines associated with the termination and resignation of service personnel, transfer of school personnel and rehiring of probationary employees.

Senate Bill 303 would add captive cervids to the list of animals that one may kill a dog if observing a dog chasing or harming the animal.

Senate Bill 329 would update code provisions to conform to the Streamlined Sales Tax Agreement.

Senate Bill 331 would make a technical correction in the definition of “eligible taxpayer,” relating to corporation net income tax.

Senate Bill 337 would make failure to wear a safety belt a primary offense.

Senate Bill 338 would permit the state to opt out of a federal statute that would otherwise not allow a West Virginia citizen, convicted of a felony involving a controlled substance, from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.

Senate Bill 371 would update the list of jurisdictions identified as being tax havens.

Senate Bill 375 would authorize the Policy Commission and the Council to collect and disseminate information to aid consumers in assessing the performance of state institutions of higher education and to require them to revoke an institution’s authority to confer degrees under certain conditions.

Senate Bill 376 would permit unit owners’ associations to institute legal action against a unit owner to collect dues or assessments that are overdue or who is behind on payment of dues to the association.

Senate Bill 385 would remove an archaic section of the criminal code that provides for a lower penalty for assault or battery on an athletic official than for assault or battery on a member of the general public.

Senate Bill 439 would clarify that s complaint must be filed first with the State Regulatory Board and would establish a two year statute of limitations for actions involving manufactured housing.

Senate Bill 464 would amend the petitioning procedure to regain the right to possess firearms so it complies with the minimum criteria to establish qualifying mental health relief from firearms disabilities under the NICS Improvement Act of 2007. The bill would remove individuals from the federal NICS Index who have been adjudicated in West Virginia to regain their right to possess firearms.

Completed Legislation

02/09/2011 – 02/16/2011
House Bill 2475 would include certain records of the Division of Juvenile Services in the exemptions from Freedom of Information Act requests and has completed legislation.

Freshman Lawmakers Provide a Unique View Into 80th Legislature

The mark of a truly great individual is the ability to adapt and overcome any circumstance or obstacle. This fact holds true in any situation life could throw at an individual.

Walking through the marble halls of the Legislature citizens can become overwhelmed, but what happens when people serve as the representative voice of their constituents? This representation is both an honor and a duty bestowed upon any first-time legislator.

Many milestones will happen that first session in which newly-elected lawmakers partake: the first committee meeting they attend; the first floor speech they give; and, the first bill they help see through the legislative process. The novelty of participating in the Legislature remains constant throughout the session as long-term and complex issues reach their desks.

Delegate Brian Savilla (R-Putnam) is still aware of the new circumstances he’s in when the time to cast a vote on the floor is presented.

“I sometimes worry about the small things,” Savilla said, “Even something as simple as pressing the button creates both excitement and apprehension for me. I don’t want to miss an important vote that can potentially benefit my constituents.”

Despite the strong desire of civic participation that fuels a legislator’s involvement, some tasks still evoke a feeling of extraordinary change. Delegate Eric Householder (R-Berkeley) said things that come naturally to him seem to be a bit more difficult in this setting.

“You have to learn the whole process that goes on here,” Householder said, “I’ve never had a problem speaking with people, but my first day I felt like a fish out of water.”

The inspiration behind each lawmaker’s involvement differs. Some are spurred by hope, others by willpower and tradition. No matter the reason, the general consensus is the goal to make West Virginia the best it can be for all its residents.

Senator David Nohe (R-Wood) said his aspirations of being a lawmaker began at an early age and he hoped he would one day be in his position.

“As I watch all these children coming to the Legislature, I was reminded of the time I came here when I was young,” Nohe said. “I remember thinking my goal was to one day hold this very position.”

Delegate Denise Campbell (D-Randolph) said her active involvement in the community drove her passion to join the ranks of lawmakers.

“I’ve always been very active in legislative activities in my community,” Campbell said, “I wanted to make a positive impact and provide a voice to the people who didn’t have one.”

The lawmakers of West Virginia may seem very distant from citizens during the session, but they are members of the communities they represent. Spending 60 days out of the year at the Capitol is not an end to their legislative duties.

Each lawmaker spends a large portion of time attending events and meetings throughout his or her district. A high value of emphasis is placed on the concerns and opinions of their constituency.

Senator Ronald Miller (D-Greenbrier) said even after being around politics for years, he is still appreciative for the level of work.

“Coming into this new situation, the workload I’ve had has been striking,” Miller said, “I begin in the morning and continue working all day and there are a lot of people who do the same.”

Senator Gregory Tucker (D-Nicholas) said it is important to witness the amount of time legislators and staff put in.

“I wish the public could see the dedication these people have, not only the lawmakers, but the staff and every person who helps with the progress of the Legislature,” Tucker said.

While West Virginia has a part-time Legislature in name, the duties and responsibilities of being a legislator are vast and require careful and deliberate consideration year round. Each lawmaker makes a large commitment, balancing public service with life as a regular working citizen in their communities. The lawmakers who fill the Capitol are men and women who have chosen to stand up and fight for every constituent. All carry the optimism and confidence to make the difficult decisions needed to keep West Virginia on the road to prosperity.

West Virginia University Students Serenade the Senate

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The Senate passed five bills and adopted one resolution in a brief late morning chamber session.

Prior to the start of session, the West Virginia University Saxophone Quartet performed.

Senate Resolution 26 was adopted, congratulating Cabell Midland High School Boys’ Cross Country team on winning 2010 Class AAA state championship.

Five bills were also passed today, including Senate Bill 376, which would permit unit owners’ associations to institute legal action against a unit owner to collect dues or assessments that are overdue or in arrears to the association and Senate Bill 464, which would amend the procedure for petitioning to regain the right to possess firearms to comply with the minimum criteria to establish qualifying mental health relief from firearms disabilities under the NICS Improvement Act of 2007 and allow the removal of individuals from the federal NICS Index who have been adjudicated in West Virginia to regain their right to possess firearms.

Additionally, eight bills were introduced. A sampling includes Senate Bill 513, relating to workers’ compensation coverage of state government entities and Senate Bill 518, which would revise high-growth business investment tax credits.

The following committees will meet today:
Education – 2 p.m. – 451M
Judiciary – 3 p.m. – 208W

Banking and Insurance – 2 p.m. – 208W
Health and Human Resources – 1 p.m. – 451M

In addition, a joint meeting of the Judiciary and Education committees will commence at 5 p.m. in the Senate Chambers.

The following committees will meet tomorrow:
Labor – 9 a.m. – 208W
Energy, Industry and Mining – 10 a.m. – 208W
Natural Resources – 1 p.m. – 208W

The Senate will reconvene tomorrow at 11 a.m.

House Reconsiders Election Code Bill

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The Carpenter Family sang the National Anthem and “Beulah Land” to begin this morning’s House of Delegates session.

After this, the House issued citations honoring the 2010 varsity cheerleaders from Clay-Battelle High School for winning the Class A championship and the Wayne County 4-H Air Rifle Team for its championship at the state tournament.

The House reconsidered House Bill 2935 to correct an issue with a previous title amendment. After making corrections, the House passed the bill, which would repeal an outdated article of election code relating to voting systems.

Additionally, nine bills were read for a second time and advanced to third reading on tomorrow’s House calendar. One of those bills is House Bill 2533, which would require the identities of signatories to a certificate for a person seeking ballot access to be made public and verified.

Three bills were read for a first time and advanced to second reading on tomorrow’s House calendar, and 28 bills were introduced and referred to the appropriate committees for further consideration. One of those bills was House Bill 3135, which would decrease the student to teacher ratio in kindergarten through sixth grades.

The following committees will meet today:
Judiciary – 1 p.m. – 410M
Finance – 1:30 p.m. – 410M
Government Organization – 1:30 p.m. – 215E
Judiciary – 2:30 p.m. – House Chamber (Public Hearing)
Judiciary Subcommittee A – 3 p.m. – 410M

The following committees will meet tomorrow:
Agriculture – 8:30 a.m. – 215E
Health and Human Resources – 9 a.m. – House Chamber (Public Hearing)
Veterans Affairs and Homeland Security – 9 a.m. – 460M
Natural Resources – 9:15 a.m. – 215E
Banking and Insurance – 10 a.m. – 215E
Pensions and Retirement – 10 a.m. – 460M
Energy, Industry and Labor, Economic Development and Small Business – 12:30 p.m. – 460M
Political Subdivisions – 1 p.m. – 215E
Roads and Transportation – 2 p.m. – 215E
Constitutional Revisions – 2 p.m.- 410M
Senior Citizen Issues – 3 p.m. – 215E
Health and Human Resources – 4 p.m. – 215E

The House will reconvene tomorrow at 11 a.m.

Senate Passes Primary Offense Seatbelt Bill

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Today in the Senate, one resolution was adopted and five bills were passed in a late morning chamber session.

In addition, a quartet of the Senate doorman, known as The Happy Valley Voice, performed.

Senate Resolution 25 was adopted and designated February 14, 2011 “Corrections Day.”

Five bills were also passed today, including Senate Bill 337, which would change the offense of failure to wear a safety belt to a primary offense and House Bill 2537, which would include special rules permitting suppliers of gasoline or other motor fuels to sell product to distributers at a price not to exceed the average of the Oil Price Information Service’s average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia and Pittsburgh, Pennsylvania wholesale racks for the previous day during a state of emergency.

Additionally, nine bills were introduced. A sampling includes Senate Bill 503 which would provide that adultery is a bar to receiving alimony in a divorce proceeding and allows an adjustment to be made if a party learns of adultery after entry of divorce decree and Senate Bill 508, which would allow Class A retail licenses, as defined in chapter 60, Article 3A, section 4, or freestanding liquor retail outlets the ability to conduct responsible liquor sampling events on days of the week, other than Sunday.

The following committees will meet today:
Judiciary – 3 p.m. – 208W
Finance – 3 p.m. – 451M
Health and Human Resources – 1 p.m. – 451M
Agriculture – 2 p.m. – 451M
Pensions – 2 p.m. – 208W
Natural Resources – 1 p.m. – 208W

The following committees will meet tomorrow:
Transportation and Infrastructure – 10 a.m. – 451M
Education – 2 p.m. – 451M
Government Organization – 10:15 a.m. – 208W
Economic Development – 9 a.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

Supplementary Appropriations Bill Completes Legislation in House

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This morning, the House of Delegates passed nine bills after reading them for a third time. One of those bills was Senate Bill 255, which makes supplementary appropriation of unappropriated moneys to various accounts. This bill now awaits the Governor’s signature. Another was House Bill 2161, which would create the Herbert Henderson Office of Minority Affairs.

The House also adopted House Resolution 21, which designates February 14, 2011 as “Corrections Day.”

Additionally, nine bills were read for a first time and advanced to second reading on tomorrow’s House calendar, including House Bill 2949, which would provide definitions of “low income” for purposes of property tax relief programs.

Nine bills were introduced and referred to the appropriate committees for further consideration. One of those bills was House Bill 3120, which would establish the Keep Jobs in West Virginia Act.

The following committees will meet today:
Education – 1:30 p.m. – 434M
Finance – 1:30 p.m. – 460M
Judiciary – 1:30 p.m. – 410M
Judiciary Subcommittee A – immediately following Judiciary Committee – 410M
Health and Human Resources – 4 p.m. – 215E

The following committees will meet tomorrow:
Finance – 9 a.m. – 460M
Judiciary Subcommittee A – 9 a.m. – 252M
Judiciary Subcommittee B – 9 a.m. – 410M

The House will reconvene tomorrow at 11 a.m.

Senate Commemorates Passed Colleagues

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Today the Senate honored the lives of two former colleagues who recently passed this week.

Ralph Williams, a former Senator from Greenbrier County, served 16 years and chaired such committees as Finance, Banking and Insurance and Natural Resources.

Kathy Lark, a former secretary, ran for House of Delegates at one point in time and was affectionately known as “Queen of the Secretaries.”

Several Senators spoke in their honor.

10 bills were also introduced today, including Senate Bill 492, which would maximize federal funding for Medicaid by establishing a hospital Medicaid upper payment level program for a two-year plus period and increase the health care provider tax imposed on gross receipts of providers of certain eligible acute care hospitals. Additionally, Senate Bill 494, which would provide additional protections for state forests and other public lands where timbering operations are conducted

The following committees will meet Monday, February 14:
Military – 10 a.m. – 208W
Natural Resources – 1 p.m. – 208W
Pensions – 2 p.m. – 451M
Agriculture – 2 p.m. – 451M

The Senate will reconvene Monday, February 14 at 11 a.m.

House Concurs with Senate, Joint Rules Adopted

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This morning, the House of Delegates concurred with a Senate amendment and adopted Senate Concurrent Resolution 17, which establishes joint rules between the Senate and House.

Eight bills were read for a second time and advanced to third reading on Monday’s House calendar. One of those bills is House Bill 2161, which would create the Herbert Henderson Office of Minority Affairs.

The House also adopted 15 resolutions, which would dedicate bridges throughout the state.

Additionally, the House presented a citation honoring the Woodrow Wilson High School marching band for its achievements awarded for performing at the Gator Bowl earlier this year.

The following committee will meet today:
Judiciary – 1:30 p.m. – 410M

The House will reconvene Monday at 11 a.m.

Firefighters Fly ‘Patriot Flag’ at Capitol

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Today, members of Charleston’s Station No. 2 Fire Department pulled fire engines onto the State Capitol Complex grounds to lift an American flag honoring the victims of the September 11, 2001 terrorist attacks.

The memorial Patriot Flag is being flown in all 50 states over a period of 50 weeks. There is also a replaced piece of the flag that spectators may sign that will hang in a museum at Ground Zero in New York City.

Lieutenants Marshall McDaniel and Erik Dailey from the Charleston Fire Department were on hand to represent the state firefighters.