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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.

House Receives Ethics Bill Committee Report, Introduces 33 Bills

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This morning the House received a committee report from the Judiciary Committee that recommended the House pass House Bill 2464, which would add additional requirements to the Ethics Act. This bill will be on first reading on the House calendar on Monday.

The House also adopted four resolutions including House Concurrent Resolution 6, which designates the annual observance of March 30 as “West Virginia Vietnam Veterans Day.”

The House also introduced and sent 33 bills to their respective committees for further consideration. One of the bills is House Bill 2490, which would prohibit the use of a mobile communication device to engage in text messaging or additional technologies while operating a motor vehicle.

The following committees will meet Monday:
Natural Resources – 8:30 a.m. – 215E
Finance – 1 p.m. – 460M (budget hearings)
Health and Human Resources – 4 p.m. – 215E

The House will reconvene Monday at 11 a.m.

Senator Kessler’s Remarks Following Selection as Acting Senate President

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Senator Kessler (Mr. President) assumed the Chair and addressed the Senate as follows:

I’ll keep these remarks very short and sweet. I want to thank you, first of all, each and every one of you, for the confidence shown in me in electing me to this position.

I recognize that we’re in unchartered waters and historical times and areas and places as a body that we haven’t faced for 150 years. But, as I look above me and I see that clock, I’m reminded that it is always moving forward. If the clock doesn’t work right, we start working backwards.

A lot of things have happened over the past few months–some of them have been boisterous and cantankerous but those are all behind us. The good Lord had the wisdom to put the eyes in front of our heads rather than the back. He wanted us to look forward, not behind us. As we move forward in this Senate, we have an opportunity to do big things and good things–perhaps, even great things. You know the time now for elections is over–the time to govern is now. I suggest that we have an opportunity before us to not only do good things but to do great things.

As a young man going away to college, I remember putting a little motto on my desk of my room in my dorm that I looked at from time to time and it had a quote from Thomas Jefferson. It stuck with me and stayed with me. Thomas Jefferson said, “With slight efforts, to expect great results is not only foolish it is impossible”.

We have the ability and we have the opportunity, ladies and gentlemen of this Senate, to not only do good things but to do great things. But it will require a great effort by each of us to reach out to each other across the aisle, to each of our colleagues, to put the bickering and the fighting, and the differences that may have divided us behind us.

We have an opportunity to move this state forward and we will. And while I may be the Acting President, my tenure here, and yours, won’t be governed by the title upon this podium it will be by the acts of the Legislature that we adopt and pass. That’s what the people of this state will remember–the good work, perhaps, even the great work that we do.

That is our challenge. That is our opportunity. Clearly, we have change. There is change around us with the death of Senator Byrd but we have capable, competent and excellent leaders in this Senate and each and every one of you can seize the moment to do great things. I’m tired of being last and I know you are as well.

The challenge I have to you, and I extend to you, is the commitment that we will make jointly to do great things for West Virginia to start us on a chart and start us on a path to working with our Governor and working with our colleagues across the hall.

These days will be remembered not by the debate that occurred here between noon and 2:00 but by the wonderful work that we do in this Senate and in this Legislature to take this state to places it’s never dreamed of going before. That’s our vision. That’s our challenge. That’s our destination. I need your help and with it we will get there because I think you will agree with me there is no other acceptable destination.

So with that, I’m prepared to lead the Eightieth Senate in the State of West Virginia to the best of my abilities working with each and everyone of you to do great things.

Senate Honors Henry Gassaway Davis, Introduces 18 Bills

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The Senate passed a resolution and introduced 18 bills during a brief late morning floor session.

They passed Senate Resolution 5,which recognizes the accomplishments of Henry Gassaway Davis.

Following that the senate introduced 18 bills. A sampling of those include Senate Bill 74, which would provide a one-time supplement to certain retired teachers, Senate Bill 77, which would create medication therapy management services program for Medicaid recipients and Senate Bill 83, which would limit landowner’s liability for injuries occurring on property while hunting.

The Senate also dealt with House Bill 2001, which the House passed yesterday. The bill would provide that inmates serving life sentences shall be considered for parole only once every three years. The measure will now head to the Senate Judiciary Committee for further consideration.

The following Senate committees will meet today:
Judiciary – 3:00 p.m. – 208W
Education – 1:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Gov. Organization – 1:30 p.m. – 208W
Energy, Industry & Mining – 2:00 p.m. – 208W
Health & Human Resources – 1:40 p.m. – 451M
Economic Development – 2:00 p.m. – 451M
Banking & Insurance – 1:00 p.m. – 208W
Military – 2:40 p.m. – 208W
Pensions -1:00 p.m. – President’s Conference Room
Labor – 2:20 p.m. -208W
Agriculture -2:20 p.m. – 451M
Interstate Cooperation – 2:40 p.m. -451M
Natural Resources – 1:40 p.m. – 208W
Transportation & Infrastructure – 2:20 p.m – 451M

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