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In the Senate

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As of 4 p.m., Wednesday, February 1, 2012, the 22nd day of the 80th Legislature’s 2nd Regular Session, 607 bills have been introduced in the Senate. Of those, 57 passed this week and have been sent to the House for consideration. The bills passed by the Senate this week include:

Senate Bill 156 would allow the Commissioner of the Division of Corrections to use excess funds to offset operational costs. A special revenue account titled “Additional Operations Account” would be established.

Senate Bill 166 would make disarming or attempt to disarm a correctional officer a felony. Violation of this bill would result in a misdemeanor and, upon conviction, a fine of up to $500 or jail time.

Senate Bill 186 would make salary payments for teachers equal in all counties throughout the state. The bill also states should the Department of Education not be able to provide the funds necessary to meet the salary payment, they must request it within its budget.

Senate Bill 215 would correct legislation that requires unused funds to be deposited into the road fund. The bill states that all unobligated funds return to the road fund.

Senate Bill 343 would allow a grace period for fire departments to submit data to the State Fire Marshall. The State Fire Marshall would also be required to give notice to the fire department as to the dates of the grace period.

Senate Bill 404 would permit the issuance of a barristers certificate to teach special curricula in West Virginia’s public school system. The recipient of the certificate must have studies law in the state, passed the Standard Bar exam, and demonstrate professionalism and experience.

Senate Bill 409 would substitute community service for jail time for individuals who are under the age of 21 and have been caught purchasing, selling, or consuming alcohol, or have presented a form of false identification to purchase alcohol.

Senate Bill 411 relates to the suppression devices used in electronic cash register sales. Such devices include software programs that falsify transaction data and “phantom-ware” that allows for electronic cash removal for one’s own benefit.

Senate Bill 418 would require that members serving on the West Virginia Parole Board must have been a state resident for at least five consecutive years and must have a degree in criminal justice, social work, sociology, psychology or sufficient experience needed to perform duties of the office.

Senate Bill 430 updates Code provisions to conform to the Streamlined Sales Tax Agreement. Among the bill’s many provisions, it would incorporate changes to the Streamlined Sales and Use Tax Agreement and add computer software maintenance contracts as a Streamlined Sales and Use Tax Agreement.

Senate Bill 484 would promote the safety and well-being of children in situations of child abuse and neglect, family court and/or juvenile cases. The bill would also require that attorneys appointed in child abuse cases have at least eight hours of annual training and states that reasonable efforts to preserve a family is not required if a parent is a registered sex offender.

Completed Legislation

Senate Bill 469 will create a plan to fund the state portion of the health care benefits for state retirees. This will potentially eliminate the remaining $5 billion unfunded liability.

House Bill 4291 will authorize the Supreme Court of Appeals to determine which county law libraries are being used and should be continued as an obligation of the state.

Legislature Resolves State’s Remaining Unfunded Liability

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Legislators have recently made historic and monumental strides at the Capitol. The state’s last unfunded liability, other post-employment benefits (OPEB), has been resolved through swift legislative action with the passage of Senate Bill 469. Through the passage of this bill, the $5 billion debt owed to retired state employees will now be assumed by the state and eventually dissolved through a multi-step process.

The benefit program, which is a benefit that covers health insurance for retirees, has plagued West Virginia with debt for several years now. The original OPEB bill was created years ago when our state was financially unable to give pay raises to teachers and service personnel. As health care costs escalated, the state was unable to provide the financial aide promised to retired personnel. The retirement plan is the last unfunded financial hurdle facing West Virginia.

This piece of legislation sparked particular interest and stirred much debate, not only for the crucial purpose it serves, but also for the timely manner in which it was passed. Just over halfway through the second regular session of the 80th West Virginia Legislature, it is highly unusual for legislation of this magnitude to be passed so early.

Legislators also expect the bill to diminish the OPEB debt in a relatively short amount of time, considering the extensive liability owed.

“I think the bill is right on track with what we need to do,” said Senate Finance Chairman Roman Prezioso. “I think the success will be determined obviously by the amount of years we pay down this debt. Instead of a 30 or 40-year amortization, we’re looking at about 24 years, possibly even sooner. I believe we will be even more successful than anticipated.”

The bill outlines a multi-step provision and payment schedule that will establish a $35 million fund drawn from the personal income tax line. Previously, this fund was used to pay down the workers’ compensation debt, which is projected to be paid off in 2016. The $35 million dollars going towards the OPEB liability will be available once the workers’ compensation program is fully funded. Annually, another $5 million of Personal Income Tax funds will go into a trust fund to assist employees hired on or after July 1, 2012.

Additionally, the bill requires the Public Employees Insurance Agency (PEIA) Director to report annually to the Legislature as well as administer programs in a way that would reduce system costs.

“West Virginia stands as one of the only states to put into place a plan to deal with our state debt as it relates to Other Post Employment Benefits for retired state workers,” said House Finance Chairman Harry Keith White. “Throughout this legislative process in passing this bill, we were able to bring together the many different stakeholders and craft legislation that, while it will require some belt tightening, will provide fiscal flexibility and security in the long run for the state of West Virginia and set a course for a brighter future.”

Senate Bill 469 quickly and unanimously passed through the Senate and later passed through the House. The swift passage of this bill is especially commendable due to its failed attempts in previous legislative sessions. Legislators from both bodies and both parties came together to complete legislation on the bill.

“West Virginians are resilient people. Whenever we’re in a situation of crisis or things need to be done, we pull together, regardless of party lines, and find a way to get things done. I’m proud of the way this legislature and our Governor put together a plan to move the state forward,” Prezioso said.

Eleven Bills Pass in Senate

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The Senate was especially busy today with the passage of 11 bills that will now be sent to the House for consideration. Of those passed, Senate Bill 166 would make it a felony to disarm a correctional officer, and Senate Bill 208 would repeal the Telecommunications Tax Act.

There were also nine bills to move onto third reading including Senate Bill 408, which would make it a felony to deface private or public property, and Senate Bill 214, which is in regards to sunset review requirements for establishments.

The following committees will meet today:

Judiciary- 3 p.m.- 208W

Military- 1 p.m.- 208W

Education- 2 p.m.- 451M

Health and Human Resources- 1 p.m.- 451M

The following committees will meet tomorrow morning:

Energy, Industry, and Mining- 10 a.m.- 208W

The Senate is adjourned until 11:00 a.m. tomorrow.

House Introduces 17 Bills

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In today’s floor session the House adopted House Resolution 20, which commemorates the passing of Andrew “Andy” Clark Sr. who was a prominent community, business and civic leader of Princeton, West Virginia.

In addition to the resolution adoption, the House advanced six bills to 3rd reading. One of the bills is House Bill 4345, which would prohibit the unauthorized sale of railroad scrap metal.

Seventeen bills were introduced in the House. One is House Bill 4516, which would allow for greater cooperation concerning reports of abuse, neglect or exploitation of vulnerable adults among different entities. Another bill that was introduced is House Bill 4521, which would permit the restructuring of child support payments of an inmate who is released under certain circumstances.

The following committees will meet today:
Rules 12 P.M. – Speakers Office
Finance 2 P.M. – 460M
Judiciary 1 P.M. – 410M
Government Organization 2 P.M. – 215E
Education 2 P.M. – 434M

The following committees will meet tomorrow:
Agriculture 8:30 A.M. – 215E
Veterans Affairs & Homeland Security 9 A.M. – 460M
Pensions & Retirement 10 A.M. – 460M
Banking and Insurance 10 A.M.

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

House Passes Three Bills, Introduces 14

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In this afternoons floor session, the House passed three bills. The first was House Bill 4012, which would remove the Commissioner of the Bureau for Public Health from certain boards. House Bill 4101 was also passed. This bill would authorize teacher-in-residence programs for certain prospective teachers in lieu of student teaching. Lastly, House Bill 4122 was passed today. This bill relates to alternative programs for teacher education.

In addition to the passage of three bills, 14 were introduced. Among the bills introduced is House Bill 4005. This bill would increase certain penalties for driving under the influence, or “Andrea’s Law”.

The following committees will meet today:
Finance 2 P.M. – 460M
Judiciary 2:15 P.M. – 410M
Health and Human Resources 4 P.M. – 215E

The House is adjourned until 11 A.M.

Senate Welcomes Bobby Dale Earnhardt and Passes 4 Bills

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The Senate welcomed a very special guest during recess today as Bobby Dale Earnhardt made an appearance on the Senate floor. The grandson of NASCAR legend, Dale Earnhardt, was at the Capitol to announce the start of his own NASCAR career and was joined by sponsor, Chavela Simmons.

A total of four bills were passed in the Senate today and were moved to the House for consideration. Of those passed was Senate Bill 418, which would amend the qualifications required to serve on the Parole Board, and Senate Bill 409, which would sentence minors attempting to use a fake ID to buy alcohol to community service instead of jail time.

Several bills were read on second reading including Senate Bill 166, which would make the disarming of a correctional officer a felony, and Senate Bill 4107, which would provide for online training of firefighters as well as provide proper safety equipment. In addition, 10 other bills were advanced to 3rd reading.

There were also 10 Senate Bills advanced to second reading.

The following committees will meet today:

Judiciary- 3 p.m.- 208W

Agriculture- 2 p.m.- 451M

Pension- 2 p.m.- 208W

Finance- 3 p.m.- 451M

The following committees will meet tomorrow morning:

Government Organization- 10 a.m.- 208W

Economic Development- 9 a.m.- 451M

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

House Reads Three Bills for Second Time

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In today’s floor session, the members of the House presented a citation to representatives from colleges throughout the state. Three bills were also read for a second time.

Among those bills was House Bill 4012, which would remove the Commissioner of the Bureau for Public Health from certain boards. House Bill 4101 was also read for a second time. This bill would authorize teacher-in-residence programs for certain prospective teachers in lieu of student teaching. Lastly, House Bill 4122 was read a second time. This bill relates to alternative programs for teacher education.

In addition to the bills on second reading, 17 bills were introduced. One is House Bill 4483, which relates to sexting of minors.

The House is adjourned until 1 P.M. on Monday.

Senate Completes OPEB Bill

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One of the first actions taken on the Senate floor today involved completeing Senate Bill 469, also known as the OPEB bill. The bill passed unanimously, with two Senators absent. The bill now awaits the Governor’s signature. If signed, the bill will eliminate the last unfunded liability West Virginia faces.

In addition to passing Senate Bill 469, the Senate adopted Senate Resolution 25, which designates February 10th as Higher Education Day.

Four bills, including Senate Bill 404, Senate Bill 409, Senate Bill 418 and Senate Bill 484, were advanced from second to third reading.

Fourteen bills were also introduced into the Senate today. Two such bills include: Senate Bill 564, which would create an Aviation Fund and Fleet Management Office Fund, as well as Senate Bill 571, which involves licensing wine sales at professional baseball stadiums.

The Senate is adjourned until 11 a.m. on Monday.

House Passes OPEB

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This afternoon Senate Bill 469 passed the House, regarding Other Post-Employment Benefits (OPEB). After a lengthy debate and discussion the bill was passed, 83-17. This bill will now go back to the Senate for final approval.

In addition to the OPEB bill, House Resolution 19 was adopted. The resolution designates that the month of May be proclaimed as Sarcoidosis Awareness Month beginning in 2012.

The House also introduced 12 bills, including House Bill 4473. This bill would dedicate a portion of natural gas severance tax proceeds. House Bill 4478. was also introduced. The bill would maintain a minimum of eight hundred state troopers by July 1, 2016 and increase their salary.

The following committees will meet today:
Judiciary 1:30 P.M. – 410M
Government Organization 1:30 P.M. – 215E
Education 2 P.M. – 434M

The following committees will meet tomorrow:
Finance 9:30 A.M. – 450M
Judiciary 9:30 A.M. – 410M

The House is adjourned until 11 A.M.