Page 311 – Wrap Up

Senate Passes Bills on Tax Reform

Senate Floor Session

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February 10, 2011

Today, the Senate met in a brief late morning session and passed six bills. They will now be communicated to the House for further consideration.

The tax reform bills passed included Senate Bill 205, which would update the meaning of “federal taxable income” and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning under the Internal Revenue Code for federal income tax purposes and Senate Bill 215, which would update the meaning of “federal adjusted gross income” and certain other terms used but not defined in the West Virginia Personal Income Tax Act by bringing them into conformity with their meanings under the Internal Revenue Code for federal income tax purposes.

Additional bills passed included Senate Bill 196, which would make it a crime to rob or attempt to rob a person under the pretense of having a deadly weapon, Senate Bill 338, which would permit the state to opt out of a federal statute that would otherwise not allow an individual living in the state who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act and Senate Bill 385, which would remove an antiquated 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.

The Senate also amended Senate Concurrent Resolution 17, which would establish joint rules between the two chambers. The resolution will now be sent to the House.

11 bills were also introduced today, including Senate Bill 488, which would repeal the authority of the Department of Corrections to conduct AIDS related study and provide for AIDS-related testing and confidentiality of records; amend definitions; relate to who may request testing; require confidentiality of records; and provide when disclosure is permitted.

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

Additionally Banking and Insurance Sub-Committee B will meet at 2 p.m. in room 208W

The following committees will meet Tuesday:
Economic Development – 9 a.m. – 451M
Transportation and Infrastructure – 10 a.m. – 451M
Education – 2 p.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

House Passes Autism Insurance Coverage Bill

House Floor Session

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February 10, 2011

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This morning, the House of Delegates passed House Bill 2693 after adding an amendment on the floor. This bill would require insurance coverage for autism spectrum disorders.

Additionally, the House adopted House Concurrent Resolution 64, which requests the Governor to take suitable public notice on Saturday, August 27, 2011, and on the fourth Saturday of August of each succeeding year thereafter, of “First Responders Appreciation Day.”

The House introduced 13 bills, including House Bill 3099, which would enact the Marcellus Gas and Manufacturing Development Act of 2011 which would encourage and facilitate the development of oil and gas wells and the downstream uses of natural gas in this state and economic development in this state associated with production and various downstream uses.

After this, eight bills were read for a first time and advanced to second reading on tomorrow’s House calendar. One of those bills was House Bill 2922, which would establish the felony offense of causing serious bodily injury to another person by a person who is driving under the influence of alcohol, controlled substances or other drugs.

The following committees will meet today:
Judiciary – 1 p.m. – 410M
Finance – 1:30 p.m. – 460M
Government Organization – 1:30 p.m. – 215E
Education – 2 p.m. – 434M
Education Subcommittee B – 3 p.m. – 434M

The House will reconvene tomorrow at 11 a.m.

Vol. XXII Issue 4

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February 9, 2011

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In the House

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February 9, 2011

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As of 4 p.m., on Wednesday, February 9th, 2011, the 29th day of the 80th Legislature’s 1st Regular Session, 1086 bills have been introduced and have passed 44. Of those, 13 passed this week and have been sent to the Senate for further consideration. The bills passed by the House this week include:

House Bill 2013 would increase the training that a dispatcher must have to work at a 911 center, adding a new 40 hour course in “emergency medical dispatch.” The bill further would require each dispatch center to develop protocols for dispatching their emergency medical calls.

House Bill 2368 would require the Board of Barbers and Cosmetologists to establish an apprenticeship program. This bill would update the existing system for training and procedures relating to the practice of beauty care.

House Bill 2503 would authorize the Board of Barbers and Cosmetologists to require government identification to be presented prior to issuance of licenses. The bill also authorizes the board to retain all information regarding licensees.

House Bill 2562 would move the State Athletic Commission under the Lottery Commission to assist in administrative functions. The bill would also make mixed martial arts a licensed sport with regulations set forth by the State Athletic Commission.

House Bill 2663 would require the Public Service Commission to be present in hearings in which it has retained the right to serve as the initial fact finder in the case. This would include any associated public protest hearings.

House Bill 2708 would remove the 12-month limitation on the length of agreements between law-enforcement agencies. Rather than expiring after a year, agreements under this proposed bill would remain in effect unless and until the agreement is changed or withdrawn by the head of one of the law-enforcement agencies.

House Bill 2750 would make the commission of sexual assault a consideration when issuing the permanent or temporary end to a parent-child relationship. This bill would allow a judge to take into consideration sexual assault or sexual abuse when deciding whether or not to remove a child from the home.

House Bill 2752 would increase the age of persons applying for appointment to a position on a police force within certain cities. The age would be increased from 35 to 40 years old. This increase will pertain to any person(s) applying for a position in a Class I or Class II city.

House Bill 2757 would provide for the evaluation of professional personnel within the public school systems. This bill would require the State Board of Education to establish a task force to address rule changes for personnel evaluations. The bill would also require the state board to report the evaluations to the Legislative Oversight Commission on Education Accountability.

House Bill 2787 would transfer the licensing of private investigators and security guards from the Secretary of the State to the Division of Justice and Community Services. All procedures, rules and regulations for these professions would be transferred to the Division of Justice.

House Bill 2864 would create a misdemeanor crime of unlawful restraint in the first or second degree. First-degree unlawful restraint would be considered intentionally restraining someone by use without proper authority. This would carry a maximum sentence of one year in jail and a $500 fee. Second-degree restraint is defined in this bill as restraint based on intimidation. This crime would carry a maximum of six months in jail and a $100 fine.

House Bill 2871 would provide that the Brownfield Economic Development districts comply with local planning laws. This compliance must take place before an application for such districts would be approved.

House Bill 2936 would change the date of the canvassing votes in a primary election. This bill would change the date from the Friday following a primary election to the Monday following a primary election.

In the Senate

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February 9, 2011

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As of 4 p.m. Wednesday, February 9, 2011, the 29th day of the 80th Legislature’s first Regular Session, 479 bills have been introduced in the Senate. Of these, 24 passed in the Senate and have been sent to the House for its consideration. The bills passed by the Senate this week include:

Senate Bill 78 would require parental consent and accompaniment for a minor using a tanning device. The bill would require minors between the ages of 14 to 17 to present a parental consent form, and minors under the age of 14 must present the consent form, and also be accompanied by a parent or legal guardian.

Senate Bill 186 would establish the West Virginia State Police as the entity that is authorized to issue administrative subpoenas to Internet service providers in cases of suspected child pornography. This bill gives the West Virginia State Police the authority to define offenses and set penalties and fees.

Senate Bill 195 would adjust the requirements for an individual to become a magistrate. The bill would require magistrates to possess a bachelor’s degree, an associate’s degree in criminal justice or at least four years of prior experience as a magistrate. The bill would go in effect in 2014.

Senate Bill 254 would make a supplementary appropriation of federal funds to the Development Office and the Division of Human Services – Energy Assistance.

Senate Bill 255 would make supplementary appropriations of remaining moneys to various accounts, such as the Governor’s Office, DHHR, Division of Rehabilitation Services, amoung other agencies.

Senate Bill 256 would require sex offenders to verify their e-mail and other online identities in the same way as they register their physical address.

Senate Bill 281 would make it a crime for a person to put certain types of invasive software such as, spyware or a virus, on mobile devices of another person without his/her consent or knowledge.

Senate Bill 349 would make it a requirement for a bittering agent to be placed in certain engine coolants and antifreezes to prevent personal injury or death of human beings and animals. If implemented, violation of this bill would be considered a misdemeanor.

Senate Bill 438 would change the election process for magistrates to be elected by division.

Senate Bill 265 would allow certain offenders to have contact with children, but only when the court finds it in the best interest of the child.

A Sampling of Bills Introduced In the Senate

Senate Bill 338 would authorize the state to opt out of a federal statute that would otherwise not allow an individual living in the state who has previously been 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 419 would create the “Health Care Choice Act” by seeking to increase the availability of health insurance coverage by allowing insurers authorized to sell insurance in Kentucky, Ohio, Maryland, Pennsylvania and Virginia to issue accident and sickness policies in West Virginia.

Senate Bill 429 would provide educational scholarships for the children of war veterans. The scholarship would include tuition, institutional fees and standard room and board allowance. The bill would provide that the West Virginia Division of Veterans’ Affairs administer the scholarship program.

Senate Recognizes Boys Soccer Team, Passes Two Bills

Senate Floor Session

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February 9, 2011

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The Senate reconvened in a brief late morning session to honor the West Virginia Soccer Club Rowdies boys team and pass two bills.

The WV Soccer Club Rowdies boys team was recognized this morning for the their outstanding athletic achievements. The Senate also adopted Senate Resolution 24 designating Feb. 9, 2011 as “Disability Advocacy Day”.

Senate Bill 265 and Senate Bill 438 were passed and communicated to the House for further consideration. Senate Bill 265 would allow for a petition to the circuit court to allow certain offenders to have contact with children, but only when the court finds it in the best interest of the child. Senate Bill 438 would change the election process for magistrates to be elected by division.

Advanced to third reading was Senate Bill 196, which would make it a crime to rob or attempt to rob a person under the pretense of having a deadly weapon.

Additionally, the Senate introduced 12 bills, including Senate Bill 470, which would create it a misdemeanor offense of unlawful use of a wireless communication device for nonvoice communication (i.e. texting or Web surfing) while operating a motor vehicle.

The following committees will meet this afternoon:
Finance – 3 p.m. – 451M
Judiciary – 3 p.m. – 208W
Health & Human Resources Sub-Committee on Senate Bill 407 – 4:15 p.m. – 218W
Health & Human Resources Sub-Committee on Senate Bill 408 – 4:15 p.m. – Government Organization Conference Room
Interstate Cooperation – 1 p.m. – 451M

The following committee will meet tomorrow morning:
Finance – 9:30 a.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

Completed Legislation

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February 9, 2011

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Senate Bill 184 will provide that disposition of the remains of a deceased military service member who dies while serving in the United States Armed Forces to be governed by the directives in the United States Department of Defense Record of Emergency Data Form previously completed by the service member.

Senate Bill 200 will correct the names of state institutions of higher education. The bill will correctly name West Liberty State University as West Liberty University.

Senate Bill 342 will appropriate $8 million for the purpose of financing the special elections to fill a vacancy in the office of Governor.

House Bill 2853 will provide for a primary and special election to fill the vacancy in the office of the Governor. The bill would call for the primary election to be held on May 14 and the general election to be held on Oct. 4.

Legislative Deliberations Regarding Marcellus Shale Move Forward

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February 9, 2011

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Legislative Deliberations Regarding Marcellus Shale Move Forward

As the 2011 Regular Session nears its halfway point, the 80th Legislature is continually dealing with many challenging and important issues.

One such complex issue deals with harvesting natural gas from West Virginia’s abundant Marcellus Shale reserves. The Marcellus Shale is a formation of sedimentary rocks that lies under a 95,000-square-mile area that includes part of southwestern New York, most of western Pennsylvania, eastern Ohio and nearly all of West Virginia. Marcellus gas reserves lie between 3,000 feet and 9,000 feet under the land’s surface.

Formed in the Appalachian Basin over 300 million years ago, the Marcellus Shale formation has recently become an economically viable source of natural gas due to technological advances in horizontal drilling and the hydraulic fracturing process. Hydraulic fracturing, or “fracking,” involves injecting a mixture of water and chemicals under high pressure to release the natural gas reserves contained in the shale.

While this industry could potentially provide significant economic benefits to the state, lawmakers are currently grappling with a myriad of issues to ensure that this is done in a balanced manner beneficial to all citizens and stakeholders.

According to a recently published study produced by West Virginia University and the Oil and Natural Gas Association, between 2002 and 2008, West Virginia led the nation in the number of gas drilling permits issued. More than 2,800 permits were issued for new drilling in 45 of the state’s 55 counties.

The industry-funded study focuses on the economic impacts of our growing efforts to extract natural gas from the Marcellus.

In 2009, the study shows, West Virginia’s natural gas industry generated more than $12 billion in business, created more than 24,000 jobs in the state and paid more than $550 million in wages.

The report also notes that it is possible that Marcellus development created between 7,600 and 8,500 additional jobs in West Virginia in 2010. According to the report, by the year 2015, West Virginia could see 19,000 more jobs because of Marcellus development and related activities.

With any new industry the positive economic outlook must be balanced with proper care for the environment and a respect for all citizens’ rights. This industrial process has created many questions for lawmakers to consider with regard to both the environment and landowner rights.

Other advocates contend that tapping into the Marcellus shale field comes at a high cost, ranging from contamination of ground water to damage to local roadways from moving heavy equipment to the drilling sites to infringement on landowners’ rights.

The Legislature is considering how to regulate it responsibly as the U.S. Environmental Protection Agency is examining the fracking process to determine whether it endangers supplies of drinking water.

In order to address some of these concerns through regulation the “Hydraulic Fracturing and Horizontal Drilling Act” was introduced in both the Senate (SB 258) and the House (HB 2878) in late January. This bill came out of extensive work by interim committees during the months leading up to session. The bill is now being considered in the Judiciary Committee of each body. It is a comprehensive bill that will regulate Marcellus Shale development in areas including land use and surface owner rights, water quality and quantity, disclosure of chemicals used in the hydraulic fracturing process and waste management and disposal.

Clearly this is a very complex, detailed and highly important issue. Lawmakers will be hard at work during the second half of this legislative session and beyond to come up with real solutions that strike the appropriate age-old balance between industry, environment and citizens’ rights.

Six Bills Pass Through The House

House Floor Session

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February 9, 2011

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The House passed six bills today and advanced one to third reading for the next floor session. Along with these bills, 21 were introduced.

House Bill 2757 was passed after much debate. This bill would provide for the evaluation of professional personnel in public schools. The evaluations would take place the first three years of the employment of personnel. By the fourth year if the employee has not received any unsatisfactory evaluations, the employee will no longer undergo the evaluations.

A bill that would remove the 12-month limitation on certain agreements was passed. House Bill 2708 would delete the limitation on agreements between or among law-enforcement agencies. This would also permit any existing agreements between different agencies to remain intact unless officially terminated.

House Bill 2936 was passed today in committee substitute form. This bill would change the day of the canvassing votes for the primary election. The date would be changed from the Friday following the election to the Monday following the election.

The House also passed House Bill 2368, House Bill 2663, House Bill 2787, and House Bill 2871. Each bill that was passed will be sent to the Senate for further consideration.

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

The following committees will meet tomorrow:
Finance– 9 a.m.- 460M

The House will reconvene Thursday at 11 a.m.

House Honors Champion Horseback Rider

House Floor Session

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February 8, 2011

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The House celebrated the many achievements of 12-year old Jeffery Brown today.

Along with being an honor roll student and avid band member at Shortline Middle School, Brown has also received many awards for his horseback riding skills. He was the first West Virginia youth to ride the C&O canal and the first West Virginia youth to be on the Best of American by Horseback television program.

Brown also took first place points in the American Competitive Trail Association and is an active member of the Wetzel County Farm Bureau. Brown received this honor for showing a combination of academic excellence and champion sportsmanship.

The House also passed one bill today. House Bill 2864 would create a misdemeanor crime for the first and second degree of unlawful constraint of an individual. The bill outlines the definition of the first and second offense for this crime. The bill was sent to the Senate for further consideration.

House Bill 2787 was sent to third reading for tomorrow’s floor session. The bill was advanced in committee substitute form and would transfer the licensing of private security services from the Secretary of the State to the Division of Criminal Justice Services.

Along with this bill, House Bill 2368, House Bill 2663, House Bill 2708 , House Bill 2757, House Bill 2871 and House Bill 2936 were advanced to third reading for the next floor session.

The following committees will meet today:

Finance– 1:30 p.m- 460M
Judiciary– 1:30 p.m.- 410M

The following committees will meet tomorrow:
Agriculture– 8:30 a.m.- 215E
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– 1 p.m.- 460M
Political Subdivisions– 1 p.m.- 215E
Constitutional Revisions– 2 p.m.- 410M
Roads and Transportation– 2 p.m.- 215E
Senior Citizen Issues– 3 p.m.- 215E

The House will reconvene at 11 a.m. on Wednesday.