Page 387 – Wrap Up

Yesterday and Today: 75 Years Under the State Capitol Dome

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January 31, 2007

Yesterday and Today: 75 Years Under the State Capitol Dome

rotunda and grand hallway activity — Rotunda & Grand Hallway Activity Each day, numerous groups gather at the Capitol to share information about their respective causes. Lawmakers, staff and citizens can be found viewing booths throughout the rotunda as they make their way to legislative sessions and committee meetings. (Photo: Martin Valent)

The State Capitol has been located continuously in Charleston since 1932, and this July will mark the 75th Anniversary of the first meeting of the West Virginia Legislature under the dome.

The Capitol building itself, while operational for legislative sessions in 1932, was not fully architecturally complete. But, like the laws that govern our state, the building continues to be upgraded and maintained to ensure it stands as a source of pride for West Virginians.

Some 75 years ago, the Senate and House Chambers housed black walnut desks upon which each Senator and Delegate conducted their business. Lawmakers continue to conduct their business upon those same walnut desks except today they have the added benefit of laptop computers, wireless access and an electronic voting system.

But beneath this truly impressive integration of art and engineering, the hustle and bustle of the lawmakers and politicos still draw most of the attention.

The House and Senate Journals of 1932 quoted the 18th Governor of the state, William Conley, as he called the Legislature into an Extraordinary Session to take place on July 12th of that year, “You are indeed singularly honored to be the members of the first legislature to assemble in West Virginia’s new Capitol building,” he said. “It is my sincere belief that the same vision, thought and inspiration that guided those in planning and providing the funds for the erection of this magnificent edifice will guide you in your deliberations to the end that the legislation enacted by you will stand as a monument of relief to our citizens in similar manner as this building stands as a monument to the efforts of those who have made it possible.”

Despite the stretch of time, bills introduced today are similar to bills from many years ago. Roads and transportation were of common discussion, and legislation through the sessions has led to the interstate systems of today.

The same holds true for education. In 1932, members from the North-Central region of the state were focused on advancing our first land grant higher education institution, West Virginia University. Today, the Mountain State hosts 11 publicly funded colleges and universities that share the same ideals, practices and programs to ensure West Virginia scholars are equipped to meet the demands of the 21st Century.

Specific items on the agenda of the 1932 Extraordinary Session included delinquent land sales, fees for “feeding and keeping prisoners” and an emergency revenue measure to balance the state budget, and to “raise an additional sum of $500,000…to be applied to the relief of unemployment over a specified period.”

In comparison, the same issues addressed in the 1932 Special Session continue to be fine-tuned today. Presently, the 2007 Regular Session has already seen four bills introduced concerning property taxation, 23 measures introduced covering the state’s correctional system, two bills introduced regarding unemployment compensation, the state’s budget bill as well as 1,163 other pieces of legislation.

In essence the State Capitol Complex is not only a beautiful place, but ongoing development of West Virginia is also progressing there each day of the session. As the saying goes, the more things change, the more they stay the same. However, West Virginia’s foundation is being maintained and enhanced by today’s lawmakers who sit in the same chambers as those who served 75 years ago but who come equipped with 21st Century ideas.

Vol. XVIII Issue 2

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January 25, 2007

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West Virginia State Capitol Bell Stands as Symbol of Liberty

Joe Merical

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January 24, 2007

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West Virginia State Capitol Bell Stands as Symbol of Liberty

Far below the top of the Capitol dome, nestled in the courtyard flanked by the East and West wings, sits a rather modest bell. There is no tintinnabulation on the quarter-hour; no tolling for the turn of the day. The one-ton, 12-foot-around hunk of copper and tin sits silent most of the time. The only distinguishing mark is an inscription near its top:

PROCLAIM LIBERTY THROUGHOUT ALL THE LAND UNTO ALL THE INHABITANTS THEREOF LEV. XXV X. BY ORDER OF THE ASSEMBLY OF THE PROVINCE OF PENSYLVANIA FOR THE STATE HOUSE IN PHILADA

PASS AND STOW
PHILADA
MDCCLIII

On first glance, the words have little to do with the Mountain State. A quote from Leviticus 25:10. The names of the two foundry workers who recast the bell – John Pass and John Stow. The year 1753 in Roman numerals. But the bell sitting in front of the West Virginia Capitol is relevant, for it invokes the spirit of its counterpart in Philadelphia, the Liberty Bell.

capitol liberty bell replica — Liberty Bell Replica Used for Ceremonial Purposes The Capitol is home to one of 53 Liberty Bell replicas in the world. The bell is rung every year to honor Martin Luther King, Jr. Day and is also rung for somber events, such as the anniversary of the September 11 attacks. (Photo: Martin Valent)

The first time the Liberty Bell was rung in 1753, it cracked and had to be recast. After being recast yet again to restore the proper sound, it hung in the steeple of the Pennsylvania State House (now known as Independence Hall), where it would stay until the American Revolution. As the British approached Philadelphia, it was hidden under a church in a town north of there. After the war was over, it sat in storage for seven years until a new steeple was built. In 1787, after being rehung, it rang to celebrate the ratification of the new Constitution.

The hanging of the replica Liberty Bell in front of the Capitol was a little less eventful, but no less appreciated. The replica was one of 53 produced in France and given to the United States government in 1950. It was presented to the state that year in commemoration of a U.S. Savings Bond drive – “Save for your independence,” the campaign’s slogan instructed. When it was first brought to West Virginia, it toured the state until finally resting upon the grounds of the Capitol Complex. It once set on the steps on the north side of the Capitol but has since been moved to its present location.

The original Liberty Bell was rung as a way to mark special occasions, both celebratory and somber. Contrary to what the plaque above the replica at the Capitol says, many historians doubt that the Liberty Bell was rung in 1776 to celebrate the signing of the Declaration of Independence because the steeple was in disrepair. However, it did ring in 1775 to announce the Battle of Lexington and Concord – the Shot Heard ’Round the World. The Liberty Bell was used to mark the deaths of several Founding Fathers: Ben Franklin, George Washington, Alexander Hamilton, John Adams and Thomas Jefferson.

Likewise, the West Virginia bell tolls but seldom. Every year, it is rung on Martin Luther King, Jr. Day to honor the late civil rights leader. It has been used for somber events, such as the anniversary of the September 11 attacks. Its tone – identical to the one produced by the bell during the 18th century – rings loudest through silence, just as light shines brightest in darkness; a solemn reminder of West Virginia’s resolve in the face of catastrophe.

The West Virginia Liberty Bell does differ from the Philadelphia bell in one major regard. On Feb. 27, 1846, the original bell rang for hours in honor of George Washington’s birthday. As it rang, a crack that had previously been repaired reopened and rendered the bell unusable. The bell has never been rung since, but the crack has become a distinctive part of the Liberty Bell. The replica does not bear this crack but is instead based on the original design of the bell.

Reproductions of the Liberty Bell can be found throughout the nation and the world – there are replicas in Belgium, Germany, Israel and Japan. Many of these, like West Virginia’s, sit in or near capitol buildings and state houses. Each one bears the same message as the original and the replica in West Virginia:

“PROCLAIM LIBERTY THROUGHOUT ALL THE LAND.”

And so they oblige.

In the Senate

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January 24, 2007

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As of 4 p.m., Wednesday, January 24, 2007, the 15th day of the 2007 Regular Session, 208 bills have been introduced in the State Senate. Of those, five have passed the Senate and will now go to the House for its consideration. These include:

Senate Bill 138 would remove from state law a provision that would allow a magistrate, at the request of a defendant, to require the posting of security by a nonresident plaintiff to cover court costs.

Senate Bill 139 would clarify that name change petitions in circuit court family courts, are to be denied if the court finds the petitioner is seeking the name change for illicit reasons or has misrepresented any facts required to be verified in the petition to the court.

Senate Bill 140 would clarify that $10 of fines and fees collected in civil and criminal cases in magistrate court be deposited into the magistrate court fund.

Senate Bill 141 would provide that family court has jurisdiction over all petitions for sibling visitations.

Senate Bill 142 would provide a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix. Iodine matrix is considered to be a drug associated with the manufacturing of methamphetamine. Anyone who violates this is guilty of a misdemeanor and upon conviction may be fined up to $10,000. Provisions in the bill exempt a variety of professionals.

A Sampling of Bills Introduced In the Senate

Senate Bill 124 would give a tax credit to underground mine operators who purchase certain equipment intended to improve miner health and safety. The credit goes against the severance tax or the business finance tax for up to half of the cost of the equipment.

Senate Bill 130 would excuse active duty military personnel who are serving outside the state from paying ad valorem taxes, Latin for “according to value,” on one full or partly-owned motor vehicle. The serviceperson must be stationed outside the state on July 1 of the assessment year to qualify for the property tax exemption.

Senate Bill 133 would require health insurance companies to cover smoking cessation services and techniques in a beneficiary’s policy. Consultation, examinations, drugs, or counseling are among the techniques that must be included in the health plan coverage by this bill. Health Insurance companies are banned from imposing a deductible, co-payment, or other cost-sharing mechanism, or waiting period for any approved prescription or service. To ensure that these requirements are met, the Insurance Commissioner would oversee all complaints, and determine if a violation has occurred. In the event that an infraction is found, several penalties can be imposed, including a fine of $10,000, with an extra $10,000 for every 30 days the plan is still not in compliance; or a suspension of the health insurer’s certificate of authority.

Senate Bill 135 would change a current West Virginia law to include spouses of Army, Navy, or Marine personnel killed in action, or who have died as a result of illness resulting from their war service, to receive educational aide resources. Currently, state laws only provide this opportunity to the children of the personnel. The State Fund would give $5,000 each fiscal year that the child or spouse attends post-secondary education or a training institution, and would waive the tuition fee for spouses who meet certain qualifications. A spouse cannot be older than 40 and he or she must be listed as a West Virginia resident.

Senate Bill 137 would regulate the use of “black boxes” that are installed by motor vehicle manufacturers in newer models. A “black box” is a device that records vehicular data such as how fast a car is traveling, where it travels, steering and brake performance, and seatbelt status, and in the event of an accident this information is sent to a central communication system. This bill regulates who may retrieve or download the recorded information other than the owner of the vehicle. It may be recovered with the owner’s consent, a court order, by an auto technician for diagnostic or repair purposes, or by the manufacturer for the purpose of safety and impact research where the owner’s name is not disclosed.

Senate Bill 146 would provide a tax credit to medical providers in the amount equal to their expenditures on electronic medical records technology.

Senate Bill 147 would amend a current West Virginia Code that presently allows counties to call for a three percent Occupancy Tax. This bill would raise the amount to six percent of the retainer paid for the use or occupancy of a hotel room, and if passed, it would be effective on July 1, 2007.

Senate Bill 154 would authorize the West Virginia Secondary Activities Commission to create and inform the community about a mandatory drug testing program for student athletes. The Commission would have the ability to establish a procedure for appeal, publish a list of banned substances, and create a medical advisory board. Any student athlete who tests positive, refuses to test, or reports his or her own violation must forfeit any individual honor received while in violation and would not be eligible for sports until he or she has undergone counseling and produced a negative result.

Senate Bill 155 would give County Commissions the authority to establish a tax on alcoholic beverages sold at private clubs within their territory, as well as the authorization to establish a special account for the deposit of funds received from the aforementioned tax. Any tax determined by the County Commission cannot exceed 35 percent of the drink’s cost.

Senate Bill 160 would establish the Flood Protection Planning Council. The council would consist of five members, including the Director of the Division of Natural Resources, the Secretary of the Department of Environmental Protection, the Executive Director of the West Virginia Conservation Agency, the Secretary of the Department of Military Affairs and Public Safety, and the Secretary of Transportation; while giving each member the ability to appoint a designated replacement. An Advisory Committee with members from relevant state and federal agencies would assist the council in its duties. A Joint Legislative Oversight Commission on Water Resources would oversee and approve the expenses of the council.

Senate Bill 163 would make the destruction of a landlord’s rental property a criminal offense if the tenant were found to act with reckless disregard. If the damage is greater than $300 but less than $1,000, then the tenant would be charged with a misdemeanor and upon conviction could be fined up to $300 or up to six months in jail, or both. If the damage is greater than $1,000, then the tenant would be charged with a felony offense and upon conviction could be fined up to $1,000 or sentenced to jail from one to 10 years. This bill also establishes the use of video or photographic evidence of the destruction, in conjunction with credible and trustworthy testimony, as proof of the offense.

Senate Bill 167 would relate to requiring the Department of Health and Human Resources to develop in-state treatment facilities for children with special needs. Children respond better in treatment when families are involved.

In the House

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January 24, 2007

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As of 4 p.m., Wednesday, January 24, 2007 the 15th day of the 78th Legislature, 525 bills have been introduced in the House of Delegates. Of these, a total of seven have passed the House and will go to the Senate for its consideration. Some of the bills passed this week include:

House Bill 2141 would raise the age at which a person may request to be excused from jury duty from 65 to 70. This is an attempt to put jury duty practices up with our sexagenarian population’s increased vitality and our state’s aging populace.

House Bill 2285 would update the meaning of “federal adjusted gross income” and certain other terms used but not defined in the West Virginia Personal Income Tax Act. It would also establish that the term “taxable trust” does not include a medical savings account.

House Bill 2314 would update the meaning of “federal taxable income” and certain other terms dealing with the Internal Revenue Code and that relate to the calculation of a person’s income for federal income tax purposes.

House Bill 2315 would expand the types of crimes included for the preparation of a “Parole Hearing Notification Form.” This would also call for the parole board to notify the prosecuting attorney, among others, of the time and place at which a parole hearing will be held 45 days before that date.

A Sampling of Bills Introduced In the House

House Bill 2294 would require a certified expert to examine underground mines for hot spots which may have been discovered after any cutting and /or welding that has been performed in and around the area of an underground mine.

House Bill 2300 would allow the release of the name and identification of a juvenile adjudicated or convicted of a crime to the victim of that crime.

House Bill 2307 would authorize county commissions to use certain monies to fund the building and operation of libraries and to administer and provide affordable housing for individuals or families of low or moderate income.

House Bill 2311 would allow the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility. This would also allow provisions to provide that inmates be gainfully employed with local businesses as part of this job program within each jail.

House Bill 2380 would exempt the purchase of certain drugs, durable medical goods, mobility enhancing equipment and prosthetic devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans from the consumers sales and service tax.

House Bill 2383 would allow a school service mechanic to have experience training and certifications considered toward his or her pay. Also considered in a mechanic’s pay rate will be the years of experience, any special training as a mechanic or any specific certifications held by the mechanic.

House Bill 2390 relates to the definition of domestic animals and livestock, the purpose being to allow owners of nontraditional livestock such as deer, ostrich, llama, etc., to recover damages against the owner of any dog that kills or wounds such livestock.

House Bill 2392 would provide for the reexamination of drivers holding valid drivers licenses who are observed by police officers violating traffic laws or who appear to have caused accidents as the result of negligence or inadequate driving skill.

House Bill 2398 would amend certain provisions involving dental hygienists to allow them to perform their duties without direct supervision in the following locations: hospitals, schools, prisons, community clinics, long-term care facilities, nursing homes, home health agencies, group homes, state institutions under the Department of Health and Human Resources, public health facilities, and accredited dental hygiene education programs.

House Bill 2412 would create the Indigent Defense Commission to assist Public Defender Services with regard to the general operations of the agency, and to provide additional oversight of the costs and administration of the public defender corporations. This would also allow, among its provisions, public defender corporations to work with private attorneys to provide direct representation to eligible clients in the event that the corporation cannot provide representation themselves.

House Bill 2417 would require a mandatory alert when natural gas or other petroleum product pipeline facilities are observed to be in a damaged state that may endanger life, cause serious bodily harm or do damage to property during commercial activities in the area of pipeline facilities. The proposed legislation, additionally, provides civil and criminal penalties for violators.

House Bill 2422 would provide cost saving measures for the medical care for regional jail inmates. This bill would limit payments to outside medical service providers to amounts no greater than the reimbursement rate at issue under the Department of Health and Human Resources Medicaid Program.

House Bill 2434 would implement public employee acceptable use standards for the use of the Internet. It is designed to prohibit, among other things, public employees’ use of computer equipment and communications services that are the property of the state and for private business purposes, as well as for political purposes of a partisan nature including campaign purposes.

House Bill 2444 would allow police officers and Public Service Commission employees to issue citations of $250 to owners of railroad cars or equipment for blocking a public highway railroad grade crossing for twenty-five minutes or more, except when due to mechanical failure or accident.

Completed Legislation

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January 24, 2007

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(Week of January 17-24, 2007)

House Bill 2105 will extend the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits. The provisions expired on June 30, 2006. This bill will put the provisions back into effect by changing the expiration date to June 30, 2010.

West Virginia State Capitol Bell Stands as Symbol of Liberty

Around the Capitol

Andrea Lannom

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January 24, 2007

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Far below the top of the Capitol dome, nestled in the courtyard flanked by the East and West wings, sits a rather modest bell. There is no tintinnabulation on the quarter-hour; no tolling for the turn of the day. The one-ton, 12-foot-around hunk of copper and tin sits silent most of the time. The only distinguishing mark is an inscription near its top:

PROCLAIM LIBERTY THROUGHOUT ALL THE LAND UNTO ALL THE INHABITANTS THEREOF LEV. XXV X. BY ORDER OF THE ASSEMBLY OF THE PROVINCE OF PENSYLVANIA FOR THE STATE HOUSE IN PHILADA

PASS AND STOW
PHILADA
MDCCLIII

On first glance, the words have little to do with the Mountain State. A quote from Leviticus 25:10. The names of the two foundry workers who recast the bell – John Pass and John Stow. The year 1753 in Roman numerals. But the bell sitting in front of the West Virginia Capitol is relevant, for it invokes the spirit of its counterpart in Philadelphia, the Liberty Bell.

The first time the Liberty Bell was rung in 1753, it cracked and had to be recast. After being recast yet again to restore the proper sound, it hung in the steeple of the Pennsylvania State House (now known as Independence Hall), where it would stay until the American Revolution. As the British approached Philadelphia, it was hidden under a church in a town north of there. After the war was over, it sat in storage for seven years until a new steeple was built. In 1787, after being rehung, it rang to celebrate the ratification of the new Constitution.

The hanging of the replica Liberty Bell in front of the Capitol was a little less eventful, but no less appreciated. The replica was one of 53 produced in France and given to the United States government in 1950. It was presented to the state that year in commemoration of a U.S. Savings Bond drive – “Save for your independence,” the campaign’s slogan instructed. When it was first brought to West Virginia, it toured the state until finally resting upon the grounds of the Capitol Complex. It once set on the steps on the north side of the Capitol but has since been moved to its present location.

The original Liberty Bell was rung as a way to mark special occasions, both celebratory and somber. Contrary to what the plaque above the replica at the Capitol says, many historians doubt that the Liberty Bell was rung in 1776 to celebrate the signing of the Declaration of Independence because the steeple was in disrepair. However, it did ring in 1775 to announce the Battle of Lexington and Concord – the Shot Heard ’Round the World. The Liberty Bell was used to mark the deaths of several Founding Fathers: Ben Franklin, George Washington, Alexander Hamilton, John Adams and Thomas Jefferson.

Likewise, the West Virginia bell tolls but seldom. Every year, it is rung on Martin Luther King, Jr. Day to honor the late civil rights leader. It has been used for somber events, such as the anniversary of the September 11 attacks. Its tone – identical to the one produced by the bell during the 18th century – rings loudest through silence, just as light shines brightest in darkness; a solemn reminder of West Virginia’s resolve in the face of catastrophe.

The West Virginia Liberty Bell does differ from the Philadelphia bell in one major regard. On Feb. 27, 1846, the original bell rang for hours in honor of George Washington’s birthday. As it rang, a crack that had previously been repaired reopened and rendered the bell unusable. The bell has never been rung since, but the crack has become a distinctive part of the Liberty Bell. The replica does not bear this crack but is instead based on the original design of the bell.

Reproductions of the Liberty Bell can be found throughout the nation and the world – there are replicas in Belgium, Germany, Israel and Japan. Many of these, like West Virginia’s, sit in or near capitol buildings and state houses. Each one bears the same message as the original and the replica in West Virginia:

“PROCLAIM LIBERTY THROUGHOUT ALL THE LAND.”

And so they oblige.

Vol. XVIII Issue 1

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January 18, 2007

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In the Senate

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January 17, 2007

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As of 4 p.m., Wednesday, January 17, 2007, the eighth day of the 2007 Regular Session, 123 bills have been introduced in the Senate. A sampling of those bills include:

Senate Bill 1 would prohibit the sale of candy- or fruit-flavored cigarettes. This restriction would apply to any flavoring not associated with tobacco, with the exception of menthol. Any vendor convicted of selling such cigarettes would be guilty of a misdemeanor, which carries a $500 fine on the first offense and a $1000 to $5000 fine and/or a maximum six-month jail sentence on subsequent offenses.

Senate Bill 18 would require the Public Employees Insurance Agency and Medicaid to cover testing for chronic kidney disease. This coverage would be limited to those who have diabetes, hypertension or a family history of kidney disease.

Senate Bill 25 would require elected and appointed municipal officials to attend municipal meetings unless the member is ill or a quorum is not needed to conduct business. A member who fails to show up to two or more consecutive meetings that require a quorum could be compelled to show up if a majority of the other members vote to file a writ of mandamus. An absent member could also be removed from office, subject to existing state law.

Senate Bill 27 would create a commission for a Drug-Free West Virginia. This commission would oversee the planning, coordinating and evaluation of local drug abuse programs. The commission would be comprised of 20 members who have an interest in eliminating the use of drug and alcohol in WV.

Senate Bill 29 would give a personal income tax exemption to volunteer fire department members after meeting the requirements of a performance-based point system. The member would receive a $100 tax reduction after one year of service and, after five years of service, would be eligible for a $500 reduction.

Senate Bill 33 would eliminate parole for certain parolees. Specifically, any person who has had his or her parole revoked three times would no longer be eligible for parole. The person would be forced to serve out the remainder of his or her sentence.

Senate Bill 41 would provide a one-time $1200 pay increase for civilian employees of the State Police who have been employed for a minimum of three years. The raise would go into effect July 1.

Senate Bill 45 would allow financial assistance to correctional officers who volunteer to move to a regional jail that is understaffed.

Senate Bill 49 would require insurance companies to provide coverage for acupuncture treatments. A licensed acupuncturist must administer these treatments.

Senate Bill 52 would lower the sales tax on food to 3 percent after June 30, 2007. By June 30, 2008, the food tax would be completely repealed.

Senate Bill 58 would apply the consumer sales and service tax to commercial laundries and linen and garment services. Such businesses would be considered manufacturing activities for the purposes of the tax.

Senate Bill 64 would expand the West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties. Each of these counties, through their county commissions, would be able to appoint two voting members to the Authority. Currently, the Authority consists of two members each from Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia counties.

Senate Bill 70 would penalize contractors and subcontractors who employ workers without the proper state credentials. The penalty for such action would be fines, the partial revoking of contracting license or complete revoking of said contractor’s license.

Senate Bill 74 would establish at least a session of three days for primitive deer hunting season. During this time, hunters could buy a primitive hunting license. Primitive weapons will be determined by the Director of Natural Resources.

Senate Bill 77 would allow the Attorney General to charge companies or other entities for selling gasoline, heating oil or any other motor fuels for more than 10 percent above its market price. Violators of this provision would be subject to a fine of less than $1,000, up to one year in jail or both.

Senate Bill 78 would legalize and regulate the sale of fireworks in the state. The bill would require citizens to take a fireworks safety class and purchase a $20 permit to be allowed to buy and detonate explosive fireworks.

Senate Bill 100 would require school employees to be reimbursed for mileage cost when they use their personal vehicle for school business. The school employees would be given the same reimbursement that state employees are given when they use their personal vehicles for work-related matters.

Senate Bill 103 would prohibit drivers from using cellular phones that require to only have one hand in control of the vehicle. This provision does not include drivers using speakerphones or headsets. The driver may be given a citation, but no points will be assigned to the driver’s license.

Senate Bill 108 would require a defendant who was deemed financially stable to pay for jailing fees for up to 30 days. Unlike current law, a hearing would be held at or before sentencing to determine his/her ability to pay.

Senate Bill 123 would prohibit drivers from driving in the passing lane of roads with a speed limit of 65 miles per hour or more, unless the driver is passing a car, turning left or is not able to safely merge into the right lane of traffic. Anyone who violates this would be subject to a maximum fine of $50.

In the House

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January 17, 2007

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As of 4 p.m., Wednesday, January 17, 2007, the eighth day of the 2007 Regular Session, 290 bills have been introduced in the House of Delegates. Of those, two have passed the House and will now go to the Senate for its consideration. A sampling of bills introduced include:

House Bill 2006 would involve income tax reduction for gifts to West Virginia charities. The purpose of this bill is to permit deductions from federal adjusted gross income, for personal income tax purposes, for contributions to religious, educational or charitable organizations.

House Bill 2014 would relate to establishing the offense of setting fires in a public right-of-way or road. A criminal penalty would be given for this offense.

House Bill 2026 would provide that identity theft is a felony if a person steals someone’s identity with the intent to commit another crime. Any person who knowingly takes the name, birth date, social security number or other identifying information of another person, without the consent of that person, with the intent to fraudulently make financial or credit transactions in the other person’s name, or with the intent to commit any crime, is guilty of a felony and would be incarcerated in a penitentiary state correctional facility for one to five years, or fined up to $1,000.

House Bill 2033 would relate to false reports of child abuse. Any person who falsely reports child abuse shall be sentenced no less than 40 hours of community service.

House Bill 2038 would provide for a $100 a day penalty for employers failing to withhold an employee’s income for child support obligations. Upon being given notice to withhold, an employer shall withhold from employees a specified amount by the notice and pay such amount to the Bureau for Child Support Enforcement for distribution. Notice given to the employer shall contain only information relative to the amount of child support being held.

House Bill 2056 would relate to the Civil Service Commission and require the State Personnel Board to consider public employees’ seniority as the prevailing factor when awarding benefits or withdrawing benefits under the classified service. Also, the bill provides for current employees to receive preference for filling available positions; and eliminates the use of performance records in determining the order of layoffs.

House Bill 2061 would discourage nonpayment of individual personal assessments levied for noncompliance with current mining statutes and rules by permitting assessed individuals the opportunity to either pay the penalty within the prescribed time or to complete a training class instead.

House Bill 2065 would permit the head of an at-risk family to accept school loans, grants and scholarships without losing assistance while in school. “At-risk family” means a group of persons living in the same household, living below the federally designated poverty level, lacking the resources to become self-supporting and consisting of a dependent minor child or children living with a parent, stepparent or caretaker-relative.

House Bill 2118 would provide for safe schools through alternative education programs for certain students. The State Superintendent shall grant county boards awards for pilot or innovative alternative education programs based on the following criteria: Programs that will serve the most students in the alternative program; programs in elementary schools that utilize in-school suspension and requirements that alternative students work their way back into the regular classroom through improved behavior; programs in middle and junior high schools and high schools that provide at least sixteen hours of instruction per week and requirements that students work their way back to the regular classroom through improved behavior; and other criteria specifically related to ensuring safety in regular classrooms and alternative education strategies to help improve student behavior and learning.

House Bill 2123 would eliminate the consumer sales and service tax on food. The bill also would increase the cigarette excise tax to $1.00 per pack and increase the excise tax on non-cigarette tobacco products to 15 percent.

House Bill 2167 would relate to prohibiting the use of a person’s credit history in insurance transactions.

House Bill 2173 would establish a system where pharmacies share information so that they may be alerted when an individual is attempting to go to multiple pharmacies with prescriptions from multiple doctors to obtain drugs for resale.

House Bill 2191 would relate to exempting start-up businesses founded by West Virginia college or university graduates from various state, county and municipal taxes for the first three years of operation.

House Bill 2194 would authorize issuance of warrants to extract blood analysis of persons charged with driving under the influence. Any person who drives a motor vehicle in this state is deemed to have given his or her consent by the operation of the motor vehicle to a preliminary breath analysis and a secondary chemical test of either his or her blood, breath or urine for the purposes of determining the alcoholic content of his or her blood.

House Bill 2224 would increase both the minimum annual disability benefits amount for a State Police officer and the minimum annual death benefits amount for a surviving spouse of a deceased State Police officer from $6,000 dollars to $10,000 dollars.

House Bill 2274 would relate to calculating child support under extended shared parenting plan.

House Bill 2278 would relate to increases of salary for public employees based upon residential housing costs. Every eligible employee with three or more years of service would receive an annual salary increase equal to 4 percent of the employees’ regular salary, if that employee resides in a county where residential home prices are at least 20 percent above the statewide average for residential homes.

House Bill 2289 would authorize the practice of E-prescribing, by which prescription orders are electronically transmitted between such health care providers and pharmacists. “E-prescribing” means the transmission, using electronic media, of prescription or prescription-related information between a practitioner, pharmacist, pharmacy benefit manager or intermediary. E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the pharmacist. E-prescribing may also be referenced by the terms “electronic prescription” or “electronic order”.

Bills Passed House

(Week of January 10-17, 2007)

House Bill 2051 relates to including lasers as a method of proving the speed of vehicles. The bill would update the provisions of the West Virginia Code by adding laser technology as a method in which the speed of a motor vehicle may be proved for law-enforcement purposes. Laser devices use a time/distance calculation to measure speed. The devices aim a narrow band of light at the target vehicle and measure the time it takes to receive the reflected light.

House Bill 2052 relates to providing that the term “impersonation” of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking. The bill would make it unlawful for a person to knowingly impersonate or purport to exercise any function of a public official, employee, tribunal or official proceeding without legal authority to do so and with the intent to induce a person to submit to or rely on the fraudulent authority of the person.