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.
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.
Members of the Legislature are set to return to the Capitol Monday, December 7 for December’s interim committee meetings.
The meetings begin Monday morning and will conclude Wednesday afternoon.
The December Interim Schedule and agendas are available on-line.
The Rotunda Tree was recently decorated. The ornaments displayed on the tree represent the extraordinary talents of students across the Mountain State. This unique decorative theme recognizes the importance of young people’s creativity and arts education in our school curriculum.
All of West Virginia’s remarkable students were invited to enter the “Energy” themed contest this year. A panel of judges, commissioned by the Department of Education and the Arts, selected the winning entries in each class division.
This year’s ornament winners are as follows:
K-2nd category: Kathy Shapell’s class from Augusta Levy Learning Center
3rd-5th category: Rondia Smith’s 4th grade class from Malden Elementary
6th-8th category: Marsha Reeves’s 8th grade class from Trap Hill Middle School
9th-12th category: Sara Lanigan’s art class from Brooke High School
A measure to shore up West Virginia municipal police and firefighters’ pension plans was passed during the Fourth Special Session of the 79th Legislature, among nine other bills which transfer agency monies, authorize the use of federal stimulus dollars, address credits awarded under the Alternative and Renewable Energy Portfolio Act, continue the motor fuel excise tax freeze, address Uniformed Services and Overseas Voter Pilot Program, clarify expungement orders, and make technical corrections relative to the IRS Code.
Many West Virginia municipalities have created pension plans for their police and firefighters. Currently, those existing plans have a steadily increasing combined unfunded liability well in excess of $600 million. Cities throughout the state are obligated to pay increasingly larger contributions to the plans each year which are straining their operating budgets significantly – some to the point of bankruptcy.
To provide them with much needed assistance and financial security, Senate Bill 4007 would allow these cities to continue their existing pension plans for current members but provide the option of placing all their future police and firefighters in a new pension plan administered by the state’s Consolidated Public Retirement Board.
Each city will decide separately whether to use the new pension plan, which is similar to the state’s recently created Emergency Medical Services Retirement System. The state assumes no liability for the obligations of the new plan.
Currently, most existing pension plans for police officers and firefighters are not on a definite amortization schedule which is the cause for the ever increasing larger contributions yearly. Those choosing to participate in the new system will be on an amortization schedule to pay off unfunded liabilities in 40 years or less.
The bill does not impose any additional tax but reallocates one tenth of one percent of premium tax money previously diverted from the existing plans to pay unfunded liabilities of the Teachers Retirement System.
The new plan will go into effect January 1, 2010. No member of the new plan may retire until January 1, 2013. Cities will be required to buy disability and death benefit coverage under private insurance to cover employee claims arising before Jan. 1, 2013.
Two supplemental appropriations bills were also passed.
House Bill 410 moves $2.5 million from the general revenue fund to the Bureau of Senior Services. These dollars are directed at supporting aged and disabled programs.
House Bill 411 moves The remaining $27 million from the State Road Fund to the Division of Highways. The Division will use the money to repair secondary roads in the state.
Approximately $25 million in federal funding has been authorized for agency expenditures with the passage of House Bill 409 . The Department of Health and Human Resources will receive $13 million. That department continues to make timely payments but people with special needs continue to remain on a waiting list and do not receive help for years. Agencies receiving money provided by the federal American Recovery and Reinvestment Act (ARRA) are now authorized to apply it to services they render.
The purpose of Senate Bill 4002 enables West Virginia counties to use the federal allocation of recovery zone bonds also authorized by the ARRA.
Recovery zone bonds are split into two separate categories of bonds: recovery zone economic development bonds and recovery zone facility bonds.
Recovery zone economic development bonds are a type of taxable Build America Bond that allow state and local governments to obtain lower borrowing costs through a new direct federal payment subsidy, for 45% of the interest, to finance a broad range of qualified economic development projects.
Recovery Zone Facility Bonds are a type of traditional tax-exempt private activity bond that may be used by private businesses in designated recovery zones to finance a broad range of depreciable capital projects. These bonds may be used in “recovery zones,” which include any area that has been designated by the bond issuer as having significant poverty, unemployment, home foreclosure or general distress, or any area affected by military realignment, or any area that has been designated as an empowerment zone or a renewal community.
West Virginia has been allocated a bond limitation of $90,000,000 for recovery zone economic development bonds and $135,000,000 for recovery zone facility bonds. These bond limitations, or volume caps, must be reallocated to certain West Virginia counties, based on their decrease in employment compared to the state’s decrease in employment.
Counties need not use their volume cap, and may waive their allocation. The bill provides that counties may also sub-allocate their volume cap to other eligible bond issuers.
This bill also provides a procedure to certify to the Governor that counties are using, or sub-allocating, their bond allocation. In accordance with IRS guidance issued regarding recovery bonds, any bond allocation that is waived by counties may be reallocated by the state. This bill provides that the Economic Development Authority will develop a procedure to reallocate such waived allocations. Roads and transportation projects are also on the list.
House Bill 408 amends a definition in the Alternative and Renewable Energy Portfolio Act, to permit the Public Service Commission (PSC) to utilize an independent and industry-recognized alternative and renewable energy resource credit tracking system, and to permit the PSC to utilize an independent, industry recognized entity to verify and certify greenhouse gas emission reduction or offset projects, among other provisions.
Senate Bill 4004 eliminates the reduction of the flat rate portion of the motor fuel excise tax in 2013. The flat rate will continue to be assessed which will freeze the state’s gas tax at 32.2 cents per gallon.
Under current law the gas tax was scheduled to decrease 1.7 cents per gallon on Jan. 1, 2010 and another five cents in 2013. This law will change that, freezing the gas tax at it’s current 32.2 cent per gallon level through December 2010. This action will allow West Virginia’s communities to benefit from millions of dollars in additional funding for roadway paving. This will especially help with secondary roadways that are ineligible for federal stimulus road funds.
The bill terminates the Motor Fuel Excise Tax Shortfall State Road Fund and transfers all moneys remaining in the fund ($27 million) to the State Road Fund for the purpose of paving secondary roads. (See House Bill 411 mentioned above)
House Bill 406 creates the Uniformed Services and Overseas Voter Pilot Program which authorizes pilot projects allowing the use of certain voting systems by membe
During the 4th Extraordinary Session, a total of 10 bills completed legislative action.
Those bills include:
House Bill 406, which creates the Uniformed Services and Overseas Voter Pilot Program.
House Bill 408, relating to definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act.
House Bill 409, a supplemental appropriation to various spending units.
House Bill 410, a supplemental appropriation for the Bureau of Senior Services.
House Bill 411, which supplements, amends, and increases an item of existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways.
Senate Bill 4001, clarifies certain records pertaining to pardons are not subject to expungement orders.
Senate Bill 4002, relating to federal recovery zone bonds.
Senate Bill 4003, relating to compliance of state retirement systems with certain provisions of IRS code.
Senate Bill 4004, relating to motor fuel excise tax.
Senate Bill 4007, relating to retirement benefits of professional police officers and professional firefighters.
Both the House and Senate have adjourned Sine Die.
This afternoon, the Senate passed House Bill 408, relating to the definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act and House Bill 411, a supplemental appropriation amending, and increasing an item of existing appropriation from the State Road Fund to the Division of Highways.
Both bills have now completed legislation and now await the Governor’s signature.
The Senate then adjourned Sine Die – officially ending the chamber’s 4th Extraordinary Session.
The House passed Senate Bill 4004, which relates to the motor fuel excise tax. After much debate on the House floor, members passed this bill that will freeze the state’s gas tax at 32.2 cents per gallon.
Under current law the gas tax was scheduled to decrease 1.7 cents per gallon on Jan. 1, 2010 and another five cents in 2013. This law will change that, freezing the gas tax at it’s current 32.2 cent per gallon level for the foreseeable future. This action will allow West Virginia’s communities to benefit from millions of dollars in additional funding for roadway paving. This will especially help with secondary roadways that are ineligible for federal stimulus road funds.
The House also passed House Bill 411, which is a supplemental appropriation companion bill to Senate Bill 4004 This bill will now head to the Senate for consideration.
The House concluded the nearly two-hour session by passing House Bill 408, which related to definitions and the tracking of credits awarded under the Alternative and Renewable Energy Portfolio Act. This bill will also be sent to the Senate for consideration.
After a brief recess, the House reconvened to receive messages from the Senate and to adjourn Sine Die – concluding the business of the 4th Extraordinary Session.
This afternoon, the Senate reconvened in order to accept an amendment to the Governor’s call that adds Senate Resolution 407, which continues the support of the coal industry in West Virginia.
The Senate also passed three bills, Senate Bill 406, Senate Bill 409 , and Senate Bill 410. These bills have completed legislative action and now awaits the Governor’s signature.
The Senate will reconvene tomorrow at 11:00 a.m.
The House received a message from the Governor this afternoon that amended and added a resolution to the call.
The House adopted House Resolution 402, showing its support for the coal industry and vowing to help coal remain a viable industry in West Virginia.
The House then completed legislation on four bills, passing Senate Bill 4001, Senate Bill 4002, Senate Bill 4003 and Senate Bill 4007, which relates to retirement benefits of professional police officers and professional firefighters.
The House also passed four bills to the Senate for their consideration. Those bills include House Bill 405, House Bill 406, House Bill 406, House Bill 409 and House Bill 410.
The House will reconvene tomorrow at 10:00 a.m.
The House met briefly this evening, advancing 11 House bills to second reading while reading the nine bills that passed the Senate this afternoon a first time.
The House Government Organization committee will meet tomorrow at 9:30 a.m. in room 215E.
The House will reconvene tomorrow at 12:00 p.m.
