Page 330 – Wrap Up

Second Measure Completes Legislation on Deadline for Introduction of Bills

House Floor Session

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February 22, 2010

Members of the House reconvened this morning introducing 72 bills, adopting seven resolutions and passing two bills. Today marks the last day members may introduce bills in both the House and Senate. However, this deadline does not apply to originating or supplementary appropriations bills.

Bills introduced this morning included House Bill 4596 which would remove the Commissioner of the Bureau for Public Health from professional licensure boards. House Bill 4604 would increase criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers. Also, House Bill 4652 would establish a school calendar committee for each county.

Two bills were presented for third reading this morning. Senate Bill 391 relates to county board of education members’ eligibility. Also on third reading was House Bill 4187 which continues the current hazardous waste management fee until 2015.

Additionally, two bills were presented for second reading. House Bill 4145 would provide services and facilities to assist student veterans at state institutions of higher education. Also, House Bill 4299 which would provide that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost.

Members also presented 15 bills for first reading. These bills included House Bill 3110 which would rename conservation officers to be natural resources police officers. House Bill 4188 which would create the Anti-Criminal Street Gang Act, and House Bill 4352 which would authorize the WV Supreme Court of Appeals to create a Business Court Division within certain circuit court districts.

The following committees will meet today:

Finance-1:30 p.m. 460M
Judiciary-1:30 p.m. 410M
Government Organization-1:30 p.m. 215E
Political Subdivisions-3:00 p.m. 215E

The following committees will meet tommorrow:

Judiciary-9:00 a.m. 410M
Finance-9:15 a.m. 460M
Government Organization-2:00 p.m. 215E

The House will reconvene tomorrow at 11 a.m.

Legislative Landmark Days Approach, Today Last Day to Introduce Most Bills

Around the Capitol

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February 22, 2010

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As the Legislature reaches the last few weeks of the 2010 Regular Session, the Calendar plays an ever-increasing role in legislative actions. Several deadlines, established by both procedural and constitutional rules, come into play as the final day of session approaches. The following is a list of these upcoming deadlines:

February 22, 2010 (41st Day) – Last day to introduce bills in the Senate and the House. (Senate Rule 14, House Rule 91a) Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolution or concurrent resolutions.

February 28th (47th Day) – Bills are due out of committees in their house of origin to ensure three full days of reading.

March 3rd (50th Day) “Crossover Day” – Final day for bills to be considered in house of origin. As per Joint Rule 5, the 50th day of session is the final day for bills to be considered in their house of origin. House bills must be out of the House, and Senate bills must be out of the Senate. This rule doesn’t apply to budget bills or supplementary appropriations. The rule can also be suspended for a particular bill by concurrent resolution approved by two-thirds of both chambers.

March 10th (57th Day) – Last day for most committee reports. In order to guarantee three full days of reading, committee reports are due on this day. Bills reported out of committee on the 58th day must be taken up for immediate consideration and read a first time to guarantee three full days. Committee reports can also be received on the final two days of session, but the constitutional rule requiring a bill be read on three separate days must be suspended by a four-fifths vote of those members present per the West Virginia Constitution §6-29.

March 13th (60th Day) – Final day of regular session. According to §6-22 of the West Virginia Constitution, the regular session cannot exceed 60 calendar days from the second Wednesday of January. Traditionally, the Legislature adjourns sine die at midnight on this day before immediately going into extended session for the purpose of finalizing the budget. However, the regular session can be extended for other purposes by a two-thirds vote by both houses.

Beyond March 13th – Extended Budget Session – If the Legislature hasn’t passed the budget bill before the 57th day of session, the Governor is required by the West Virginia Constitution (§6-51D) to issue a proclamation extending the session for the sole purpose of finalizing the budget. This allows the Legislature to consider the financial impact of the bills it passed during the regular session. During this extended session, budget conferees from the House and Senate meet to work out a final version of the budget, which must then be passed by both bodies before going to the Governor.

Senate Advances 16 Bills to Third Reading

Senate Floor Session

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February 19, 2010

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As voices of the Glenville State Choir filled the chamber, the Senate reconvened today at 11 a.m.

They advanced 16 bills to third reading, including Senate Bill 443, which would require those convicted of driving under the influence of alcohol and who are on probation, paroled or on other conditional release for that offense to participate in the Motor Vehicle Test and Lock Program. The bill establishes conditions for participation in the program. The bill also provides a sentencing court with the authority to set eligibility requirements for participation in the program.

The Senate also adopted House Resolution 33 , which declared February 19, 2010 Higher Education Day. Many of West Virginia’s colleges presented displays throughout the Capitol Building.

The following committees will meet Monday:
Pensions- 2 p.m. 451M
Judiciary- 3 p.m. 208W
Finance- 3 p.m. 451M

The Senate will reconvene Monday at 11 a.m.

House Passes Six Bills; Three Advanced to Third Reading

House Floor Session

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February 19, 2010

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The House reconvened this morning at 11 a.m. and were greeted with the spiritual sounds of The Martin Luther King Jr. Male Chorus. The chorus, which hails from Charleston, was at the State Capitol to continue the celebration of Black History Month.

This morning members also passed six bills, introduced 28 bills and adopted six resolutions.
Bills passed included House Bill 4212 which would require the Public Service Commission to update railroad walkway safety regulations. Also passed was House Bill 4361 which would remove provisions prohibiting sharing domestic violence information with other governements.

Additionally, three bills were presented for second reading and two for first reading. Bills on second reading included Senate Bill 391 which relates to county board of education members’ eligibility. Also, House Bill 4187 which would continue the current hazardous waste management fee until 2015.

Members also introduced 28 bills this morning. These included House Bill 4576 which would terminate tolls on the West Virginia Turnpike before 2020. Also introduced was House Bill 4583 which would permit municipalities and counties to use proceeds from the hotel occupancy tax to fund public libraries.

The following committees will meet on Monday:

Judiciary-9 a.m. 410M
Finance-9:30 a.m. 460M
Government Organization-1:30 p.m. 215E
Finance-1:30 p.m. 460M
Political Subdivisions-3 p.m. 215E
Health & Human Resources-4 p.m. 215E

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

Senate Suspends Rules to Pass Controlled Substance Bill

Senate Floor Session

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February 18, 2010

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The Senate reconvened today at 11 a.m. and suspended the constitutional rule which says a bill must be read on three separate days in order to pass Senate Bill 364.

The bill would permit duly authorized agents of the Office of the Chief Medical Examiner, for use in post-mortem examinations, to have access to inspect certain confidential information on controlled substances that is required to be kept by the State Board of Pharmacy.

The Senate also suspended the constitutional rule to pass Senate Bill 611, which would remove location requirements for offices of the Higher Education Policy Commission, the Vice Chancellor for Administration and the West Virginia Council for Community and Technical College Education.

Additionally, four resolutions were adopted including Senate Resolution 28, which honored the Boy Scouts of America for their 100 anniversary. The Boy Scouts deliver 30 million hours of community service every year.

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

The following committees will meet tomorrow:
Economic Development- 9 a.m. 451M
Military- 10 a.m. 208W

The Senate will reconvene tomorrow at 11 a.m.

Six House Bills Advanced to Third Reading, Local Hero Honored

House Floor Session

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February 18, 2010

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Members from the House reconvened this morning introducing 38 bills and adopting three resolutions. Legislators also presented a citation to Melquan Brown. Brown, a Charleston native was presented with the citation for rescuing a girl he barely knew that had fallen through an ice covered creek.

Bills introduced this morning included House Bill 4532 which would allow the Division of Energy to develop a public relations campaign focused on educating the Washington, D.C. area and the federal government about West Virginia coal. Also introduced this morning was House Bill 4564 which would alter apportionment of the membership of the House of Delegates by adding a 59th delegate district consisting of portions of Mason and Putnam counties.

Additionally, 6 bills were presented for second reading and 3 for first reading. Bills on second reading included House Bill 4277 which would authorize the Secretary of the Department of Environmental Protection to issue National Pollutant Discharge Elimination System permits. Also, House Bill 4361 which would remove provisions prohibiting sharing domestic violence information with other governments.

The following committees will meet today:

Judiciary-1 p.m. 410M
Joint Finance-1 p.m. House Chamber
Education-2 p.m. 434M
Government Organization-2 p.m. 215E

The following committees will meet tomorrow:

Roads & Transportation-10 a.m. 215E
Education-9 a.m. 434M
Judiciary-9 a.m. 410M

The House will reconvene tomorrow at 11 a.m.

Vol. XXI Issue 5

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February 17, 2010

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Senate Adopts Six Resolutions, Passes One Bill

Senate Floor Session

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February 17, 2010

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It was Children’s Day in the Legislature today and the Senate celebrated it with Senate Resolution 27, which honored Kids’ Chance of West Virginia.

Senate Bill 372, which would update language in the West Virginia Medical Practice Act, passed.

The following resolutions were adopted: Senate Concurrent Resolution 25, Senate Concurrent Resolution 26, House Concurrent Resolution 2, House Concurrent Resolution 11 and House Concurrent Resolution 17.

11 bills were introduced including Senate Bill 590, which would develop a state coal education campaign, Senate Bill 598, which would create a misdemeanor offense for child neglect with substantial risk of injury, and Senate Bill 599, which would create a felony offense for reckless transfer of HIV or AIDS.

The following committees will meet today:

Natural Resources-1 p.m. 208W
Confirmations-1:30 p.m. 219M
Government Organization-2 p.m. 208W
Finance-3 p.m. 451M
Judiciary-3 p.m. 208W

The following committees will meet tomorrow:

Finance-9:30 a.m. 451M
Judiciary-10 a.m. 208W

The Senate will reconvene tomorrow at 11 a.m.

House Passes Bill Helping Municipalities Deal with Vacant Properties

House Floor Session

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February 17, 2010

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The House reconvened to pass five bills, including House Bill 4034, which would authorize any municipality to enact by ordinance a vacant property registration program. The House also introduced House Bill 4526, which would require the removal of ice and snow from vehicles before operating them on highways, and six other bills.

In addition, the House adopted House Joint Resolution 101, the Commercial and Industrial Tangible Personal Property Tax Exemption Amendment, and six bills advanced to second reading, including House Bill 4354, which relates to conditions and arrests in domestic violence matters.

The House also adopted House Concurrent Resolution 56, which if adopted by the Senate, would place signs in Fayette County indicating the crossing of the 38th Parallel North in honor of veterans of the Korean War.

The following committees will meet today:
Roads and Transportation-2 p.m.-215E
Health and Human Resources-4:30 p.m.-215E

The following committees will meet tomorrow:
Finance-9 a.m.-460M
Judiciary-9 a.m.-410M
Government Organization-2 p.m.-215E

The House will reconvene 11 a.m. tomorrow.

In the Senate

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February 17, 2010

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As of 4 p.m. Wednesday, February 17, 2010, the 36th day of the 79th Legislature’s 2nd Regular Session, 599 bills have been introduced in the Senate. Of those, 18 have been passed and have been sent to the House for its consideration. The bills passed this week were:

Senate Bill 38 would make the federal Servicemembers Civic Relief Act a state law. The act is designed to relieve certain civil responsibilities from servicemembers entering active duty or being deployed.

Senate Bill 89 would allow elected police chiefs and deputy chiefs to be assigned to their previously held position within the force at the end of their term.

Senate Bill 218 would make certain inmates eligible for early parole, upon successful completion of a rehabilitation program. Inmates who had committed violent crimes or crimes against children would not be eligible for accelerated parole, as well as inmates who had level one or two disciplinary action 120 days prior to parole consideration.

Senate Bill 236 would create the Aquaculture Development Act in order to promote aquaculture in the state. Aquaculture is defined as the breeding, raising and/or use of aquatic species in controlled environments for commercial purposes including food production, recreation and research.

Senate Bill 350 would add recycled energy to the list of renewable energy resources. This includes exhaust heat from commercial or industrial processes, waste gas, mechanical energy resulting from pressure drops, and other forms of recycled energy.

Senate Bill 354 would update the terms and reporting procedures for traffic crashes. The word “accident” would be replaced with “crash,” and the investigating law-enforcement officer would be required to submit a report electronically or in writing within 24 hours of the incident. If the officer could not complete the investigation within 10 days of the crash, a preliminary report would be required on the tenth day and a final report would be required within 24 hours of the completed investigation.

Senate Bill 382 would authorize the preparation and submission of geological reports incidental to oil and gas drilling. It would also require that logs and other valuable information be given to the state Geological and Economic Survey.

Senate Bill 391 would require that candidates for county boards be citizens of the county in which the board serves.

Senate Bill 397 would create a single dwelling residential housing index that would annually compile the costs of all single dwelling residential housing in the state. The index would be made available to the Joint Committee on Government and Finance as well as the public.

Senate Bill 436 would replace the Latin “haec verba, viz” with the English equivalent “these words verbatim” in the West Virginia code.

A Sampling of Bills Introduced In the Senate

Senate Bill 541 would increase penalties for passing a stopped school bus that is either picking up or dropping off children. The fine for a first offense would increase from a minimum $50 to $150, while the maximum fine would increase from $200 to $500.=

Senate Bill 550 would establish a driver’s license restoration program for people who have their license cancelled, suspended or revoked. The program would be responsible for providing information and educational services to assist people in having their license reinstated.

Senate Bill 552 would create the Office of Child Advocacy. The office would investigate and monitor the Department of Health and Human Resources Division of Child Protective Services and the Division of Corrections.

Senate Bill 586 would require county school boards of underachieving schools to notify parents of school choices for the next school year. School boards would be required to notify parents within five days of receiving the schools failure to produce satisfactory results by the testing service.

Senate Bill 590 would create an energy related public relations campaign focused on educating the Washington D.C. area and federal government about West Virginia coal and its positive impact. The Division of Energy would design and develop the campaign.

Senate Bill 599 would make it a felony offense to recklessly transfer HIV or AIDS. Punishment would include incarceration of up to 10 years. If a consenting adult knew the risks before engaging in sexual activity, the transfer of the virus could not be prosecuted.