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House Refuses Senate Amendments, Passes Ethics Bill

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This morning the House received a message from the Senate regarding that body’s passage of House Bill 2001 with amendments. The House refused to concur with the proposed amendments and decided to ask the Senate to rescind their amendment.

Following that, the House completed the third reading of House Bill 2464, which would add additional requirements to the Ethics Act. The House then unanimously passed the bill and sent it to the Senate.

The House also introduced 97 bills this morning, including House Bill 2552 , which would provide for a new election to fill a vacancy in the Office of Governor. Of the bills introduced 82 were rule-making bills, and all introduced bills were sent to their respective committees for further consideration.

The following committees will meet today:
Energy, Industry and Labor/ Economic Development and Small Business – 1 p.m. – 460M
Political Subdivisions – 1 p.m. – 215E
Constitutional Revision – 2 p.m. – 410M
Senior Citizens Issues – 3 p.m. – 215E
Health and Human Resources – 4 p.m. – 215E

The following committees will meet tomorrow:
Finance – 9 a.m. – 460M
Judiciary – 9 a.m. – 410M
Education – 9:30 a.m. – 434M

The House will reconvene tomorrow at 11 a.m.

In the House

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As of 4 p.m., Wednesday, January 19th, 2011, the eighth day of the 80th Legislature’s 1st Regular Session, 648 bills have been introduced in the House of Delegates. Of those, two passed and have been sent to the Senate for consideration. The bills passed by the House were:

House Bill 2001 would limit the authority of the Parole Board to consider releasing an inmate serving a life sentence who has qualified for release on parole, to once every three years.

House Bill 2464 would expand reporting requirements under the State Ethics Act to include information relating to the spouse of the public servant, and adds reporting of business interests that the public official is employed by or furnishes services to. The bill also prohibits some public servants and employees from registering as a lobbyist for a period of time following the end of their public employment.

A Sampling of Bills Introduced In the House

House Bill 2029 would increase the amount of annual and incremental salary increases for eligible state employees from $60 to $100.

House Bill 2045 would add “sexual orientation” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill would also add “age” and “sexual orientation” to the categories covered by the Fair Housing Act prohibiting discrimination in housing.

House Bill 2056 would create the West Virginia Renewable Energy Act. It would provide a maximum $2,000 investment cost recovery incentive for customer-generated electricity from renewable energy systems, but exempt electric and gas companies from qualifying for that incentive. The bill would also provide a $25,000 maximum tax credit for electric light and power companies that purchase customer-generated electricity.

House Bill 2099 would provide a five percent increase in teacher’s salaries for each of the following school years, 2010-2011, 2011-2012, 2012-2013, and also add pay increments for certain teachers.

House Bill 2129 would provide a mandatory sentence of 15 years for any person who maliciously shoots a police officer on duty, while providing a mandatory sentence of 10 years for any person who unlawfully, but not maliciously, shoots a police officer on duty.

House Bill 2159 would prohibit members of the news media from being compelled to give testimony in any court in the state relating to the source of information in the public communication without the consent of the person or persons providing the information relied upon for the public communication.

House Bill 2161 would create the Herbert Henderson Office of Minority Affairs. This office would provide a forum for discussion of issues that affect the state’s minorities. The office would also provide recommendations to the Governor and the Legislature regarding the most appropriate means to provide programs and services to support minority groups in the state.

House Bill 2201 would provide for a comprehensive drug and alcohol free program for miners. Mine operators would be eligible for a credit on their workers’ compensation premiums if they have established a drug and alcohol free mine workplace as provided in the bill. The bill requires proof of drug and alcohol free status in order for miners to be certified. Mine inspectors are required to receive training in drug and alcohol abuse and a statewide database of miners failing to provide proof of alcohol and drug free status would be established.

House Bill 2394 would protect academic speech of professional educators. This legislation would provide that an employee in West Virginia public schools or a higher education institution may not be disciplined, denied employment or denied promotion or tenure based upon his or her speech, research or writing related to public issues The bill would not protect speech or actions that constitute a crime.

House Bill 2437 would require that all cutter heads, long wall shears and other mining machines automatically shut-off when the methane level reaches one percent.

House Bill 2440 would allow the Division of Energy to develop an energy related public relations campaign focused on educating Washington, D.C. area and the federal government about West Virginia coal.

House Bill 2490 would prohibit the use of a mobile communication device to engage in text messaging or additional technologies while operating a motor vehicle. A person found in violation of this measure, if convicted, would be guilty of a misdemeanor and fined no more than $250 for a first conviction.

House Bill 2514 would require reclaimed strip mines to be populated by plants that are beneficial to the local bee population.

In the Senate

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As of 4 p.m., Wednesday, January 19, 2011, the eighth day of the 80th Legislature’s 1st Regular Session, 219 bills have been introduced in the Senate. A sampling of bills introduced include:

Senate Bill 10 would provide for a supplement of three percent to be paid to all annuitants of the Public Employees’ Retirement and Teachers’ Retirement Systems at the time they reach the age of 70.

Senate Bill 14 would reduce state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes.

Senate Bill 21 would specify that a minimum share of coalbed methane severance tax revenue be distributed to producing counties in an amount at least equal to the share received by nonproducing counties It would also provide that the distribution method for severance tax revenues for coalbed methane producing and nonproducing counties be used.

Senate Bill 22 would increase the amount of net terminal income allocated to the Cultural Facilities and Capitol Resources Matching Grant Program Fund.

Senate Bill 33 would provide a system to assist farmers to make the transition from growing tobacco to growing other crops or pursuing other agricultural endeavors. The bill includes provisions that create the “Transition Program for Tobacco Farmers” as well as the “Transition Program for Tobacco Farmers’ Fund.” The bill also provides for use of the Tobacco Settlement Fund for the program.

Senate Bill 36 would authorize public universities and colleges with an accredited education program to operate public schools in cooperation with the local county board of education. It would establish a pilot project allowing only West Virginia University and Marshall University to operate public schools in cooperation with the Monongalia and Cabell County Boards of Education for school years beginning prior to 2013.

Senate Bill 38 would require a court to conduct a hearing at the time it sentences a defendant to jail to determine the defendant’s ability to pay the costs of the defendant’s incarceration. The bill would require the court to require the defendant to pay for up to thirty days of incarceration in jail if it finds the defendant is or will be able in the foreseeable future to pay.

Senate Bill 43 would establish a procedure that requires a claimant that files an asbestos case after the effective date of this bill to provide information to all defendants about all claims filed or anticipated to be filed by that claimant against asbestos bankruptcy trusts, a mechanism for the defendant to challenge those claims, a procedure for sanctions by the court, and for set-offs for those claims.

Senate Bill 44 would provide an earned income tax credit from the state personal income tax for taxpayers with qualifying children. The earned income tax credit would be equal to twenty percent of the federal credit.

Senate Bill 57 would allow Supreme Court Justices to be elected on a nonpartisan ballot. This would include all details; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form.

Senate Bill 63 would extend the number of prohibited products included in the definition of “Salvia divinorum” (also known by the common names of “Salvia,” “Ska Pastora,” “Shepherdess’s Herb,” “Maria Pastora,” “yerba de Maria,” “Purple Sticky” and “Sally-D,” “Fake weed”, synthetic marijuana”, “K2 or Spice.”) and any of its derivatives to be covered by the criminal penalties article of the Uniformed Control Substances Act.

Senate Bill 67 would require persons arrested for a felony to submit to a DNA sample; and would provide procedures for expungement if the felony has been dismissed.

Senate Bill 69 would clarify that fire chiefs and line officers working with paid and volunteer fire departments are employees that are provided immunity under the Governmental Tort Claims and Insurance Reform Act.

Senate Bill 72 would provide that references in the constitution, the code, joint rule, or rule of the body to the President of the Senate and Speaker of the House of Delegates, or presiding officer, include any member authorized by the respective body, by rule or otherwise, to act in the place of the President of the Senate or the Speaker of the House of Delegates.

Senate Bill 82 would declare a child’s right to nurse and makes a statement by the Legislature that nursing in a public place is socially acceptable. A mother would be able to breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be.

Senate Bill 83 would limit the landowner from civil liability for injuries that may occur to person or property on the landowner’s property or surrounding property caused while hunting.

Senate Bill 89 would include certain records of the Division of Juvenile Services in the exemptions from Freedom of Information Act requests.

West Virginia’s 80th Legislature Begins Consideration of State Budget

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On Wednesday, January 12, 2011, the 1st Regular Session of the 80th West Virginia Legislature began with the swearing in of all lawmakers, which included six new members in the Senate and 18 new members in the House.

The House reelected Richard Thompson (D-Wayne) as Speaker of the House, Greg Gray as Clerk, Oce Smith as Sergeant at Arms and John Roberts as Doorkeeper.

Senator Jeffrey Kessler (D-Marshall) was elected to serve as Acting Senate President. The Senate then re-elected Darrell Holmes as Senate Clerk, Howard Wellman as Sergeant at Arms and Tony Gallo as Doorkeeper.

With all of the changes, one thing remained the same on the opening day of session, and that was the State of the State address which was given in the House Chamber at 7 p.m. and discussed a number of topics including the budget, job creation, education reform, and the state’s natural resources.

Both the House and Senate also received the proposed Budget Bill, the one piece of legislation that must be passed before the session ends at midnight on March 12.

West Virginia entered December with its general revenue budget $121 million in the black while nearly a dozen other states face deficit threats totaling $10 billion. This is according to figures from the National Governors Association and the National Association of State Budget Officers that recently released their latest fiscal survey of states. Overall, West Virginia is well-positioned to balance its budget

The $4 billion budget contains no tax increases, raises no fees and does not rely on any one-time stimulus funding from the Federal Government as a backfill to state operations. It also calls for a one-third reduction of the food sales tax from three cents to two cents. And, it includes a one-time $800 across-the-board enhancement for teachers and similar enhancements for school service personnel as well as for state employees.

Budget Hearings will be held by both the House and Senate Finance committees for the first half of the session in order to study the budget more closely.

Other priorities were outlined in the State of the State for the Legislature to focus on. First, is to continue to improve West Virginia’s business climate in order to attract, retain, and create good paying private sector jobs. Second, to improve and reform our entire educational system to better prepare the state’s citizens for the jobs of tomorrow. Lastly, to reinvent, simplify and make government more efficient and responsible to the people and businesses of West Virginia.

Other legislative issues of focus during the session will be the reduction of the state’s drop out rates, the creation of environments conducive to learning, the elimination of high level teacher vacancies in certain areas of the state, and the development of vocational skills to include middle schools on up.

For the first time in our state government’s history, legislative proceedings in both the House and Senate chambers and committee rooms will be streaming live throughout the regular session. Those interested in listening in on the events of the session can listen to “Legislature Live” at www.wvlegislature.gov/live.cfm.

Through changing times in our state government, one thing is for certain…anything can happen.

› 2011 Senate Budget Hearing Schedule
› 2011 House Budget Hearing Schedule

Senate Passes Legislation On Parole Hearings

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The Senate introduced 96 bills and passed one in a brief late morning floor session..

House Bill 2001 would provide that inmates serving life sentences shall be considered for parole only once every three years. The Senate amended the bill to say “up to three years” rather than “every.” The bill will now be passed back to the House for their approval.

Following the passing of the bill, 96 new bills were introduced. A majority were rule making bills including Senate Bill 129 which would authorize DHHR to promulgate legislative rule relating to public water, Senate Bill 170 which would authorize the Board of Physical Therapy to promulgate legislate rule relating to fees for athletic trainers, and Senate Bill 180 which would authorize the Board of Veterinary Medicine to promulgate legislative rule relating to standards of practice.

The following Senate committees will meet today:

Judiciary – 3:00 p.m. – 208W
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Health and Human Resources – 1:00 p.m. – 451M
Banking and Insurance – 2:00 p.m. – 208W

The following Senate committees will meet Wednesday, January 19
Rules – 10:00 a.m. – 208W
Government Organization – 2:00 p.m. – 208W

The Senate will reconvene tomorrow at 11:00 a.m.

House Advances Ethics Bill to Third Reading

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This morning the House received a committee report from Government Organization that recommended the House refer House Bill 2161 to committee before passing it. This bill would create the Herbert Henderson Office of Minority Affairs.

The House introduced 26 bills and referred them to their respective committees for further consideration. One of those bills was House Bill 2532, which would regulate the zipline industry.

Following that, the House read House Bill 2464 for a second time and advanced it to third reading on tomorrow’s House calendar. This bill would add additional requirements to the Ethics Act.

The following committees will meet today:
Finance – 1 p.m. – 460M (budget hearings)
Government Organization – 1 p.m. – 215E
Judiciary – 1 p.m. – 410M
Education – 2 p.m. – 434M

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 Revision – 2 p.m. – 410M
Roads and Transportation – 2 p.m. – 215E
Senior Citizens Issues – 3 p.m. – 215E
Health and Human Resources – 4 p.m. – 215E

The House will reconvene tomorrow at 11 a.m.

West Virginia Honors National Day of Service

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The annual bell ringing ceremony honoring Dr. Martin Luther King, Jr.’s birthday was conducted today on the North side of the Capitol building. The lawmakers in attendance were accompanied by the Governor and other members of the West Virginia Board of Public Works, Congresswoman Capito as well as the members of West Virginia’s Martin Luther King, Jr. Holiday Commission to mark this National Day of Service, among others.

Visiting school children participated in the bell ringing along with other dignitaries.

House Honors Martin Luther King, Jr.

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The House began the day by joining hands for a moment of prayer in honor of Martin Luther King, Jr. Day.

The House then read House Bill 2464 for the first time and advanced it to second reading on tomorrow’s House calendar. This would add additional requirements to the Ethics Act.

Also, the House introduced 20 bills and referred them to their respective committees for further consideration. One of those bills is House Bill 2508, which would provide for a credit against the West Virginia personal income tax liability in the amount of payments made on student loans.

The following committees will meet today:
Finance – 1 p.m. – 460M (budget hearings)
Government Organization – 1 p.m. – 215E
Health and Human Resources – 4 p.m. – 215E

The following committees will meet tomorrow:
Finance – 9 a.m. – 460M (budget hearings)
Education – 9:30 a.m. – 434M
Finance – 1 p.m. – 460M (budget hearings)
Education – 2 p.m. – 434M

The House will reconvene tomorrow at 11 a.m.

Senate Hosts Appalachian Children’s Chorus

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The Senate introduced 6 bills and hosted the Appalachian Children’s Chorus during a brief late morning floor session.

Under the direction of substitute Ruben Valchez, the chorus performed “My Home Among the Hills” and “Country Roads.”

Following the performance, brief remarks were made honoring the memory of Dr. Martin Luther King, Jr.

Of the 6 bills introduced, a sampling included Senate Bill 99 would allow workers’ compensation for mental illness resulting from being the victim of a crime and Senate Bill 100 that would establish a program to promote veteran friendly communities.

The following Senate committees will meet today:
Pensions – 2:00 p.m. – 208W
Judiciary – 3:00 p.m. – 208W

The following Senate committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
Health and Human Resources – 1:00 p.m. – 451M

The Senate will reconvene tomorrow at 11:00 a.m.

Senate Commemorates Life of Mike Millner

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The Senate adopted one resolution and recalled another during a brief late morning floor session. They also introduced 6 bills.

They passed a motion to recall Senate Concurrent Resolution 1 from the House due to incorrect technical language regarding authorization for payment of supplies, services, printing and other expenses

Senators then adopted Senate Resolution 7, which commemorates the life of Michael Edward Millner, a long-time senate and joint committee employee.

Following the adoption of the resolution, the senate introduced 6 bills. Senate Bill 90 would establish an Equal Employment Opportunity Office within the office of the Governor.

Several introduced bills concerned West Virginia correctional facilities such as Senate Bill 93 relating to the escape from custody of Division of Juvenile Services.

The following committee will meet Monday, January 17:
Pensions – 2:00 p.m. – 208W

The Senate will reconvene Monday, January 17 at 11:00 a.m.