Page 338 – Wrap Up

House Convenes for Second Regular Session of the 79th Legislature

House Floor Session

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January 13, 2010

The House convened today at noon to begin the Second Regular Session of the 79th Legislature. The first order of business was the adoption of House Concurrent Resolution 1 , which extended a formal invitation to the Governor to deliver the State of the State address tonight at 7 p.m.

The House also introduced the first bills of the session such as House Bill 4001 which relates to water pollution control, as well as reintroduced carryover bills from the last regular session.

The official proceedings of the House of Delegates were streamed live on the web for the first time today. Daily floor sessions and committee meetings can be heard at http://www.legis.state.wv.us/live.cfm

The following committee will meet today:

Finance-2 p.m.- 460M

The following committees will meet tomorrow:

Finance-9 a.m.-460M
Judiciary-9 a.m.-410M
Government Organization-1:30 p.m.-215E

The House will reconvene at 6:45 p.m. tonight.

Legislature to Cut Current-Year Budget

Around the Capitol

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January 11, 2010

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CHARLESTON – Legislative leaders have approved a 3.4 percent cut to the Legislature’s current fiscal year budget, trimming more than $870,000.

“As we prepared for the 2010 legislative session, we kept in mind the state’s fiscal condition, and were already making some cutbacks,” House Speaker Rick Thompson said. “We’re willing to do our part to ensure a balanced budget.”

Senate President Earl Ray Tomblin added, “Our state government is fortunate to be in much better shape financially than most states, thanks to years of prudent budgeting, but we’re still feeling the pinch.

“Distributing the cuts evenly, across the board, is only fair.”

The leaders have agreed to cut the Legislature’s current budget by 3.4 percent – a total $877,862 decrease this year. That’s a $336,565 reduction for the House, a $230,921 cut for the Senate and a $310,375 cut for the Legislature’s Joint Committee operations.

Both the President and the Speaker said the reductions should not negatively affect the day-to-day operations of the Legislature. There have been several job vacancies that were not filled, and both houses are making changes to reduce the amount of printing that takes place during session.

In addition, they decided not to hold any interim meetings outside of Charleston in 2009 – something the Legislature usually does at least once a year.

Meshea L. Poore Takes Legislative Oath of Office

Swearing-In Ceremony

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January 10, 2010

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Meshea L. Poore of Charleston took the Legislative Oath of Office today within the House of Delegates chamber with dignitaries, friends and family filling the chamber to show their support.

Sworn in by State Supreme Court Justice Margaret L. Workman, Poore replaces Carrie Webster, who resigned her position earlier this month to become a Kanawha County Circuit Court judge.

Poore is an attorney working in Charleston and served as a Kanawha County public defender prior to starting her own law firm. She is a member of the West Virginia and Alabama State Bar Associations, and has served on the board of West Virginia Legal Aid.

Poore received a bachelor’s degree in political science from Howard University in Washington D.C. and a law degree from Southern University Law Center in Baton Rouge, La.

The Capital High School graduate was born and raised on Charleston’s West Side. Pictured from left to right are Justice Workman, parents Raymond and Gale Poore and Delegate Meshea L. Poore.

In the Senate

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January 10, 2010

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As of 4 p.m., Wednesday, January 20, 2010, the eighth day of the 79th Legislature’s 2nd Regular Session, 281 bills have been introduced in the Senate. A sampling of bills introduced include:

Senate Bill 9 would allow Marshall University and West Virginia University to create “community schools” to serve as an alternative to normal public school education. Community schools would teach any grade K – 12 and would not charge tuition.

Senate Bill 24 would prohibit pharmacies from selling tobacco products of any kind. If a pharmacy violates this bill, their pharmacy license would not be eligible for renewal.

Senate Bill 37 would require the board of education to hire the most qualified person to supervise and regulate public school extracurricular activities.

Senate Bill 43 would allow police officers to run for political office in any municipality except for the one in which they work.

Senate Bill 52 would prohibit the use of a handheld cell phone while driving. Violations would be a secondary offense and would not result in points deducted from the offender’s license.

Senate Bill 58 would allow Sunday hunting on licensed hunting preserves, providing the hunter has all the necessary licenses.

Senate Bill 63 would allow mixed martial arts competitions to occur in West Virginia. Mixed martial arts is a full contact fighting sport that incorporates various fighting disciplines. The proposed legislation grants rule-making authority to the State Athletic Commission.

Senate Bill 83 would require the appropriate governmental entity to retain and preserve biological evidence found during an investigation for DNA testing. The evidence would be kept for the length of time a defendant remains in custody. The bill would also create a fine between $500 and $5,000, as well as possible imprisonment, for anyone who knowingly tampers with or destroys biological evidence.

Senate Bill 113 would require certain health insurance policies to cover acupuncture treatment performed by a licenced acupuncturist.

Senate Bill 115 would increase the state tax credit for citizens adopting a nonfamily member from $2,000 to $4,000.

Senate Bill 118 would require parent permission for any minor who wanted to use a tanning device including sun lamps, tanning beds and tanning booths. The parent would be required to sign a permission slip stating he/she has read and understood the dangers associated with tanning and agreeing the minor wear protective eyewear.

Senate Bill 145 would require insurers to cover the prevention, early detection, diagnosis and treatment of Autism disorder.

Senate Bill 176 would prohibit the installation of Automated Teller Machines (ATM) in establishments with video lottery machines. If the video lottery machine is in a building in which other businesses reside, the ATM cannot be within 50 feet of the video lottery machine.

Senate Bill 182 would discontinue tolls on the West Virginia Turnpike by 2020. This would happen as a result of the bonds required to build and maintain the turnpike being paid.

Senate Bill 218 would make inmates eligible for parole if they have completed an advanced rehabilitation plan. Eligible inmates must have no record of disciplinary rule violations, and must not be serving a sentence for a violent crime or a crime against a child. Previously, inmates had to serve either their minimum term or one fourth of their term before they were eligible for parole.

Senate Bill 231 would provide for a tax deduction for citizens who have spayed or neutered their pets. The deduction is limited to a maximum of three pets per household per year.

Senate Bill 234 would increase the penalties for corrections employees who have sexual relations with inmates. The mandatory jail sentence would change from between one and five years to between 10 and 25 years and the fine would increase from a maximum of $5,000 to a maximum of $10,000.

In the House

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January 10, 2010

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As of 4 p.m., Wednesday, January 20th, 2010, the eighth day of the 79th Legislature’s 2nd Regular Session, 854 bills have been introduced in the House of Delegates. Of those, one passed and has been sent to the Senate for consideration. The bill passed was:

House Bill 4016 would expand the reporting requirements of the State Ethics Act by including the income information of the spouses of public officials. The bill would also require additional information – job title, employer address and job duties – be disclosed regarding employment of public officials.

The bill would prohibit legislators, secretaries of executive departments, commissioners or other appointed employees of constitutional offices from registering as lobbyists until one year after the end of his or her public service.

A Sampling of Bills Introduced In the House

House Bill 4001 would require the West Virginia Department of Environmental Protection (DEP) to develop specific standards to control levels of dissolved solids in rivers and streams. The bill would grant the director of DEP the authority to carry out its requirements.

House Bill 4005 would make failure to wear a seatbelt a primary offense.

House Bill 4006 would require the reporting and publication of compensation received by lobbyists for all lobbying activities. The bill also defines “compensation” as money or any other thing of value received from an employer for successful lobbying activities. It would require the reports be published on the West Virginia Secretary of State’s Web site.

House Bill 4022 would allow vehicles in a funeral procession to be exempt from paying toll fees on the West Virginia Turnpike. The vehicles would have to be easily identified as part of the funeral procession.

House Bill 4024 would broaden the circumstances and types of prescriptions physician assistants could issue under the supervision of a licensed physician. Under this bill, a physician assistant must have completed an approved program, wear a badge identifying them as a physician assistant and may only perform services they are certified and trained to perform.

House Bill 4029 would strengthen penalities for the assault and/or battery of volunteer firefighters and emergency medical technicans and service providers.

House Bill 4033 would establish the Fleet Management Office in order to manage motor vehicles and aircraft owned by the state of West Virginia. The bill would also remove all agency exemptions from the travel rules of the Secretary of the Department of Administration. The Secretary of the Department of Administration would be granted the authority to determine if the vehicles are being used in an official and proper manner.

House Bill 4036 would establish an eight member Judicial Vacancy Advisory Commission, which would assist in filling judicial vacancies. The commission would submit a list of qualified candidates to the governor for consideration of judicial appointment. The bill would also require the commission to create procedures for choosing candidates.

House Bill 4040 would require county school boards to adopt contingency plans guaranteeing students receive 180 separate days of instruction. The bill would limit the county boards to commencing no earlier than August 26 and terminating no later than June 8. A provision in the bill would require county boards to create plans to include icy conditions and emergencies and still meet the state requirement of 180 instructional days.

House Bill 4130 would create a pilot program providing alternative campaign financing options to Supreme Court of Appeals candidates. The program would begin in 2012 and would be funded through public funds including attorney fees and special court fees. Participating candidates would be required to raise a certain amount of campaign funds to qualify for the pilot program. After accepting public funds, participants could not accept money from private sources.

House Bill 4138 would include radiologist assistants under the authority of the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners. The duties of the board include determining license requirements and maintaining license examination records.

House Bill 4143 would increase the authority of the Office of Emergency Medical Services. The bill would allow the state police to perform background checks on EMS certification applicants.

Work Begins for Legislative Interns

Interns

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January 7, 2010

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Interns for the 2010 Regular Session arrived at the Capitol today to begin their three- day orientation before starting their legislative working experience next week.

Around 20 students from various colleges and universities are participating in either the McManus Fellowship, Rollins-Burk, Herndon, Frasure-Singleton or Legislative Information Journalism internships. Each of these internships provides students from across West Virginia the oppurtunity to participate in the legislative process in a variety of ways.

Rollins-Burk interns are graduate students who are placed with lawmakers in leadership positions in both the House and the Senate and will rsearch relevant issues, assist in the preparation for floor deliberations and monitoring legislative activity.

Herndon interns are undergrad students who are placed with a Senator or Delegate for the entire session. Under this internship, students are introduced to, as well as develop, an understanding of the politics of legislation, legislative research, bill drafting, the role and function of committees and the executive-legislative liaison.Frasure-Singleton interns are undergrad students who shadow a lawmaker for one week. They research relevant issues, and are given the opportunity to sit in on committee meetings and floor sessions.

Legislative Information Journalism interns work for all members of the legislature during the entire legislative session. These interns also cover all floor sessions, committee meetings and other legislative activities. They also write news releases and participate in the publication of the legislative newsletter.

The 2010 Regular Session begins Wednesday, January 13.

Lawmakers Set to Return for Interims, Start of 2010 Regular Session

Interim Report

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January 6, 2010

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Despite the freezing temperatures that have gripped West Virginia for much of the past couple weeks, lawmakers are set to heat things up inside the Capitol next week as they convene for January interim meetings and the start of the 2010 Regular Session.

Interim meetings begin on Sunday, Jan. 10 at 12:00 p.m. and end Wednesday, Jan. 13 at 12:00 p.m. The January Interim Schedule and agendas are available on-line.

Following the conclusion of interim meetings, lawmakers will convene inside their respective chambers to begin the work of the 2010 Regular Session.

Christmas Carols Echo Through the Capitol

Around the Capitol

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December 9, 2009

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The Capitol was filled with the sounds of Christmas this afternoon when the St. Alban’s St. Francis School choir sang carols around the rotunda tree.

Those walking through the Capitol could hear such songs as “Rudolph the Red-Nosed Reindeer”, “Holly Jolly Christmas” and “We Wish You a Merry Christmas” by the elementary school choir who was accompanied by their music director on the keyboard.

The St. Alban’s St. Francis School choir is no stranger to singing at the Capitol. They have performed on numerous occasions.

House Speaker Names New Judiciary Chairman and Vice-Chairman

House Floor Session

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December 8, 2009

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Speaker Rick Thompson today tapped Delegate Tim Miley (D-Harrison) to serve as the new Judiciary Committee Chairman, replacing the departed Delegate Carrie Webster. Previously, Delegate Miley had been serving as the Vice-Chair of the Judiciary Committee for the House of Delegates.

Also, Speaker Thompson chose Delegate Mark Hunt (D-Kanawha) as the committee’s Vice Chairman.

For more information, please go to the Speaker’s News Release page.

Health Preparedness Key Component in Combating H1N1 in WV

Interim Report

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December 7, 2009

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Legislators and staff heard from Cathy Slemp MD, MPH, the State Health Preparedness Director, regarding West Virginia’s efforts regarding its defense against the H1N1 flu virus during the December interim meeting of the Joint Select Committee on Health Emergency Preparedness.

While noting the virus is in a decline, the health official said there is a potential for a third wave of the pandemic disease in the Spring of 2010.

Reminding staff and lawmakers the transmission is primarily from respiratory droplets (uncovered sneezing from 3-6 feet) but the bug can be picked up from surfaces and transferred by the hands to the mouth, eyes and nose.

Those who are at increased risk include children under the age of 5, pregnant women, people with underlying medical problem such as, the most common, asthma.

Preventative measures include hand washing, covering coughs, abstaining from the workplace if a person has the flu, cleaning surfaces and getting vaccinated when available.

Seasonal flu viruses may include fever, cough, headache, fatigue, chills, muscle aches, sore throat, runny or stuffy nose and sometimes diarrhea or vomiting. The H1N1 has similar symptoms but they are more severe. Dr. Slemp told members of the committee that those at increased risk of complications should call a health care provider early.

Guidance on home care for the seasonal flu and H1N1 can be found at:

What To Do If You Get Sick

Health preparedness is everyone’s responsibility in maintaining good health practices.