In the Senate
As of 4 p.m. Wednesday, February 22, the 43rd day of the 2006 Regular Session, 774 bills have been introduced in the Senate. Sixty-three bills have been passed by the Senate and sent to the House for its consideration. The following bills are a sampling of those passed by the Senate since Thursday, February 16:
Senate Bill 47 would require that a governing body or a planning commission couldn’t discriminate in regard to housing. Moreover, they would not be able to require a factory-built home or its owner to obtain a permit. However, the provisions of this bill would not exempt factory-built homes from meeting the structural requirements of a historic preservation district.
Senate Bill 112 would establish an Alzheimer’s Disease Registry to be housed at West Virginia University. This registry would serve as a central information database for Alzheimer’s disease policy and planning. The registry would provide a central database of individuals with Alzheimer’s disease or related disorders. The information collected for this registry would be confidential, and no publication of information could be made that identifies the patient by name.
Senate Bill 183 would allow members of Lions International to receive special registration plates. To receive such a plate, Lions members would be required to prove that they are members of Lions International. The Division of Motor Vehicles (DMV) would charge an application fee of $10 as well as those fees that are already required by law. This special fee would compensate the DMV for additional costs and services required for issuing a special registration. These fees would be collected by the DMV and deposited in a special revolving fund to be used for the administration of this section.
Senate Bill 223 would change the manner in which health care and insurance agencies are examined by increasing the times that inspectors, such as insurance agents and health care entities, have to respond to reports from the Insurance Commissioner. The Commissioner previously had one year to respond, but the provisions of this legislation would require that at least once every five years they would be required to visit each health care corporation and examine its financial condition and business methods.
Senate Bill 236 would expand the definition of child abuse so it includes parental alcohol and substance abuse. These new provisions are defined as being an “imminent danger to the physical well-being of the child.” The definition would be expanded to include: abusing parent(s) or guardian(s) who have habitually abused or are addicted to alcohol, controlled substances or drugs to the point where they are unable to exhibit proper parenting skills.
Senate Bill 439 would strengthen the one-call system requirements for excavation work in the vicinity of pipelines by increasing the number of emergency response agencies to be notified in the event of resulting damage. An added provision to this legislation would require the operator of an underground facility to notify the excavator that the operator went to the site but did not leave a temporary marking of the location of underground facilities because there were no lines in the area of the proposed excavation or demolition. Another added provision would require that each intended operator report immediately to the appropriate medical, law-enforcement and fire prevention authorities about any break or leak in underground facilities. This provision also states that any damage to the facility that is made during the excavation be reported as well.
Senate Bill 467 would modify the employee group requirements for group life insurance. The provisions in this legislation would provide that the premium for group insurance policies be paid from the employer’s funds or from funds contributed by the insured employees. They could also be paid collectively by both. The provisions of this legislation would conform to the National Association of Insurance Commissioner’s model language.
Senate Bill 468, which relates to group accident and sickness insurance requirements, would remove the provision that stated if the premium is paid by the employer and employees jointly, then the group would not make up less than 70 percent of all employees or not less than 75 percent of all employees of any class or classes as they are determined by the conditions of employment.
Senate Bill 548 would define “basic universal design” to mean the design of products and environments that are usable by all people, to the greatest extent possible, without the need for adaptation or specialization as it relates to the basic universal design features.
Senate Bill 614 would add that after providing a 30 day notice to employees, the State Auditor would have the ability to provide electronic notification of payment for all direct deposit recipients. With this provision, an employee would have the ability to choose to receive electronic notification 30 days before the electronic notification is regularly made. This choice would have to be clarified by an employee on a form provided by the Auditor. This would be made effective July 1, 2006.
Senate Bill 631 would clarify the warrant and complaint process when a parent or guardian fails to comply with school attendance laws and a magistrate finds probable cause to believe that a guardian has committed an offense. This legislation would add that more than one legal guardian could be charged in a complaint. Initial service of a summons or warrant would be attempted within 10 calendar days upon receipt.
Senate Bill 632 clarifies electioneering communications, including definitions. This bill would exclude candidates for federal offices from the requirement to disclose electioneering communications. Moreover, the provisions of this legislation would not prohibit a corporation from directly communicating with its stockholders and executive personnel and their families on any subject.
Senate Bill 634 would exempt certain projects of West Virginia University and Marshall University from the Design-Build Procurement Act. The provisions of this legislation would require that a project consist of the alteration of a building(s). Some criteria that a higher education institution must meet to be exempt from the requirements of the Act would include: if the development agreement provides that all construction contracts require the payment of prevailing wages and that all costs of design and construction can be financed and paid for by the developer.
Senate Bill 635 would require that boards of education take out flood insurance on certain buildings that they own and the buildings’ contents. Any building that is within the identified flood hazard area on a flood hazard boundary map, labeled as a regulatory 100 year flood-plain and has a replacement value greater than $300,000, would be required to be insured by a board of education.
In the House
As of 4 p.m., Wednesday, February 22, the 43rd day of the 2006 Regular Session 1,370 bills have been introduced in the House of Delegates. Of those, 89 have been passed by the House and sent to the Senate for its consideration. Some of the bills that passed the House this week and have been sent to the Senate are:
House Bill 2548 would establish the Diabetes Care Plan Act to set up care plans for students with diabetes by county boards of education. School nurses would develop an individual care plan for any student diagnosed with diabetes, involving the parents, teacher, student and other appropriate school personnel.
House Bill 3258 would permit the sale of nonintoxicating beer within a certain distance from a church only with consent from that church. The license to sell nonintoxicating beer within 300 feet of a church may be refused if the church notifies the Alcohol Beverage Control Commissioner, in writing, that they object to the operation and location of the business.
House Bill 4075 would dedicate money to the Regional Jail Partial Reimbursement Fund in the State Treasury. For every fee for service received in any criminal case against any respondent convicted in circuit court, the court clerk would, at the end of each month, pay $40 into the Regional Jail and Correctional Facility Authority Fund, $5 into the Court Security Fund and $30 into the Regional Jail Operations Partial Reimbursement Fund.
House Bill 4116 would reflect the changes in today’s timber market by raising the amount that timber in a Wildlife Management Area may be sold without a sealed bid. The price would be raised from $500 to $5,000.
House Bill 4120 would allow water service to be terminated if there are delinquent sewer bills where service is owned and operated by a homeowners’ association or privately owned public utility.
House Bill 4243 would change the threshold by which a vehicle is determined to be totaled. When calculating the damage cost, this bill would not allow the replacement cost for the air bag restraint safety system to be included.
House Bill 4272 would remove Class Q licensees from the entitlement on a Class BG (big game) stamp. The stamp allows for hunting of deer during archery and muzzleloader seasons, and bear, turkey and boar during their respective seasons.
House Bill 4283 would give preference to West Virginia veterans in the awarding of competitive bids for state contracts. A successful bid would be awarded to an individual resident who is a veteran and has lived in-state for four years if they do not exceed the lowest qualified bid from a nonresident vendor by more than 3.5 percent of the latter bid. A bid also would be won for completing the project if at least 75 percent of the vendor’s employees are residents of West Virginia for at least two years.
House Bill 4291 would allow a court to deny custody to a parent if they subjected another child or any child residing in the same household or under temporary custody to abandonment, torture, chronic abuse or sexual abuse. This would protect not just the child subject to the abuse, but any other child living in the residence as well. The same would apply if a parent were to commit murder, manslaughter or serious bodily injury to a child.
House Bill 4406 would remove the requirement to evaluate certain classroom teachers at least every three years. Teachers with five or more years of experience who have not received an unsatisfactory rating or evaluation would be excused from being evaluated unless the principal determines it necessary or if the teacher requests it.
House Bill 4470 would update the definition of the Medicare Supplement Policy. The policy would not include Medicare advantage plans established under Medicare Part C, outpatient prescription drug plans established under Part D, or any health care prepayment plan (HCPP) that provides benefits.
House Bill 4481 would establish policies for using ballot-scanning devices for tabulating election results. The use of these devices would be permitted, provided: the county would need at least one precinct ballot-scanning device in each precinct; no print out or tabulation results could be done at the precinct; the tabulation memory device could be removed only after the polls close and the votes could only be counted at the central counting center on the night of election; all voters at the precinct would be required to use the ballot scanning device as a condition of completing their vote; and, if the optical scan ballots from each of the precincts are counted at the central counting center on election night and the results from that count are published on election night. Then, the county could turn off the over vote switch on the central counting device since every ballot would have been evaluated for over votes by the precinct scanning device.
House Bill 4482 would provide for the filing of affidavits of heirship with deed records and require that the estate be administered before the heirs can deed the property to someone else. If an estate involving an interest in real property passes to a decedent’s heirs, then a copy of the affidavit would be recorded by the clerk of the county commission and indexed in the general index of deeds in the name of the decedent.
House Bill 4483 would make the use of a fictitious name with intent to misrepresent the geographic origin or location of a business an Unfair Trade Practice. This bill would protect against deceptive trade practices of services or product suppliers in print advertisements and from calls to local telephone numbers being rerouted or forwarded to a business location that is outside the state of West Virginia.
Completed Legislation
(Week of February 16-22)
Senate Bill 505 will extend the time for the Fairmont City Council to meet as a levying body to put forth an election to the voters of the city for a municipal excess levy. The time frame for this election has been extended until May 19, 2006. The excess levy, if approved by the voters, would provide funding for the operation, maintenance and repair of the streets and roadways of Fairmont.
Clerks Provide Procedural Framework For Legislative Sessions
Each day while the House and Senate are in session, lawmakers follow parliamentary procedures, sometimes so routinely, they do so without thinking about the specific rules and structure involved in holding a floor session.
However, House Clerk Gregory Gray and Senate Clerk Darrell Holmes think more about this process during each session than anyone else, not only because it is their job, but also because of their love for the legislative process and their role in it.
“Rules of procedure provide a road map, a framework for the sessions,” House Clerk Gray said. “Someone has to direct the process for people to follow.”
Gray and Holmes lead the members of the House and the Senate during each session by serving as custodians of the official records, keeping the Journal, preparing the electronic voting systems, assisting in taking the count of votes and supervising the clerical business of the houses.
Both Clerks are nominated and elected every two years by the members of the chamber they serve.
Members of the House of Delegates first elected Gray in 1996 and have continued to elect him for 10 years. Gray first came to the West Virginia Legislature in 1973, when he worked under former House Clerk, C.A. Blankenship. His duties included a variety of tasks, including file clerk, messenger, proofreader and gopher.
“Something I will never forget about my responsibilities was that I had to make sure the coffee pot was always fresh,” Gray said.
In his first years of service, Gray was greatly influenced by the House Parliamentarian Oshel Parsons, who took him under his wing. Parsons stressed the importance of the record, proofreading, committee assignments and, according to Gray, he instilled the importance of respecting the House as an institution.
“He [Parsons] told me once that it didn’t matter what they did on the floor, as long as the record is correct,” Gray said. “Because when we’re long gone, it’s the record that stays here – not us.”
When Parsons passed away in 1978, Gray became the House Parliamentarian. Upon his election to House Clerk in 1996, Gray combined the two positions into one because he said he believes the two positions are important to the duties of the House Clerk.
Gray is responsible for 75 part time employees during the regular session and special sessions. When the Legislature is not in session, he oversees 49 full time employees.
Another major responsibility for Gray when the Legislature is not in session is preparing, organizing and distributing the Acts of the Legislature – one of the largest publications printed by the West Virginia Legislature. Published each year, the book is the official record of all bills passed by both houses that have become law and resolutions adopted.
While the House Clerk is responsible for proofreading the bills and resolutions published in the Acts of the West Virginia Legislature, Gray said they only perform grammatical edits, never making a correction that would change the meaning of the law.
Senate Clerk Holmes also has a long history of service in the West Virginia Legislature. Before being elected to the position in 1989, Holmes had 15 years of legislative experience.
In 1974, he was elected to the West Virginia House of Delegates as a representative from Kanawha County. After serving in the House for eight years, Holmes continued his political career in the Senate, where he served until 1989.
While Holmes had served as a lawmaker from 1974 to 1989, his passion for the legislative process lead him to becoming the Senate Clerk, a position Holmes says he has truly appreciated over the years.
“It has been an experience I have enjoyed,” Holmes said. “After serving in the Senate I thought it would be interesting to be here full time.”
One aspect of the job Holmes says he loves most is meeting lawmakers from different districts across the state.
“Each member comes from a different environment and has their own personality,” he said. “It makes each session unique and memorable.”
Holmes explained he has enjoyed learning the positive and negative effects about proposed measures. He also said that all legislation that passes might not have a direct impact on the entire state, but it does have an important effect upon a certain district.
“I can read legislation and have my opinion, but it is enjoyable to hear both sides,” he said. “No matter what legislation is introduced, someone is influenced by it tremendously.”
While the Senate is in the regular session or a special session, Holmes oversees 110 part time employees; however, when the Senate is not in session, he is responsible for 39 full time employees.
The Senate Clerk also is responsible for the other major publication printed by the West Virginia Legislature. Each year, the West Virginia Blue Book is produced by the Senate Clerk’s Office. It is a detailed guide of the year’s officials in the executive, legislative and judicial branches of state and federal government. The book includes the Constitutions of both the United States and West Virginia, as well as information on state and federal agencies, counties, municipalities and other organizations.
Holmes said he also enjoys his duties when the Legislature is not in session, including arranging visits for groups and meeting with them once they arrive to discuss the legislative process.
For more than 30 years, both Holmes and Gray have played a role in the legislative process, an experience neither one would change.
“It has been tremendous to have been here since 1974,” Holmes said. “Very few people have the privilege to serve the Senate.”
As Holmes continues to perform a duty he considers a privilege, Gray also continues to be grateful for his position as House Clerk.
“I like my job a lot,” Gray said. “I cannot imagine anything I would rather have done.”
In the Senate
As of 4 p.m., Wednesday, February 14, on the 36th day of the 2006 Regular Session, 586 bills have been introduced in the Senate. Thirty-seven bills have been passed by the Senate and sent to the House for further consideration. The following six bills were passed by the Senate since Thursday, February 9:
Senate Bill 270 would continue Board of Banking and Financial Institutions and regulate the qualifications for members chosen to represent the public on the board. After July 1, 2006, when a vacancy occurs among the executive officers of state banking institutions, the commissioner would divide all of the state banking institutions, according to asset size, into three equal groups. The replacement would be selected from the appropriate group to ensure that each group has a representative on the board. One member would be an executive officer of a financial institution other than a banking institution, while the other two members would represent the public; neither of whom would be an employee, officer, trustee, director or stockholder owner of five percent or more of the outstanding shares of any financial institution.
Senate Bill 462 would require the filing of all interstate compacts and information relating to compacts with the Secretary of State’s Office. The proposed law would grant 90 days for a commission, an agency, or a person administering the compact to properly file with the Secretary of State.
Senate Bill 473 would create a new offense of reckless driving when the incident causes serious bodily injury. Serious bodily injury would encompass all bodily injury that creates a high risk of death, causes serious or permanent disfigurement, or causes the loss or functional impairment of any bodily member or organ.
Senate Bill 505 would extend time for the Fairmont City Council to present to voters of the city an election for a municipal excess levy that would provide funding for the operation, maintenance and repair of the streets and roadways in the city between March 27 -28 and the third Tuesday in April until May 19, 2006.
Senate Bill 556 would amend a current law that relates to state parks and operational contracts for recreation systems. The amendment would require legislative notice and legislative approval of a proposed contract location between the director of a state park or recreational system and the contractor.
Senate Bill 557 would remove the requirement for the construction of the Shady Spring Turnpike Interchange and restore tolls to their prior rates.
A Sampling of Bills Introduced In The Senate
Senate Bill 540 would make it a felony offense to solicit another person, or group of persons to commit a violent crime. A person found guilty of this crime would face 3-15 years in prison if the violent offense solicited is punishable to life imprisonment. If the violent offense solicited is punishable by a term that is less than life imprisonment, the person found guilty of soliciting the violent crime would face between one and three years in prison and/or fined no more than $5,000.
Senate Bill 543 would create the “Asbestos and Silica Compensation Fairness Act.” The aim of this bill is to create guidelines for asbestos and silica claims, to provide for the fair and efficient judicial consideration of personal injury and wrongful death claims from asbestos or silica exposure, and to ensure that individuals who suffer from illnesses caused by exposure to asbestos or silica receive just compensation.
Senate Bill 547 relates to acceptable state Internet use policies. The proposed bill would require the Secretary of the Department of Administration to propose a rule implementing acceptable use standards for the Internet by public employees. The bill would prohibit public employees from doing the following while using state owned computers and communication devices: sending, viewing, or downloading explicit material and participating in private business purposes, political purposes of a partisan nature, campaign purposes or services for personal gain.
Senate Bill 550 relates to landline telephone service contracts. Currently in the State of West Virginia, landline telephone companies use automatic contract renewals for their consumers. This proposed legislation would provide standards for landline telephone contracts that would require telephone companies to issue new contracts to customers upon expiration of the initial term of the contract, or allow the current contract to renew on a month-to-month basis. The legislation also would provide that contracts that have been renewed automatically could be terminated without incurring fees or fines for ending the contract.
Senate Bill 561 would create a misdemeanor offense for the interference of the medical treatment of an injured railroad worker. A railroad company convicted of this misdemeanor would be fined no more than $10,000 for each violation. A person convicted of this misdemeanor would be fined no more than $10,000 for each violation and/or confined to jail for no more than one year.
Senate Bill 564 would create the Berkeley County Litter Control pilot project. The project would be a volunteer-based program ran by the Berkeley County Commission that would coordinate all industry and business organizations seeking to aid in litter control and recycling.
Senate Bill 565 would authorize educational benefits for the spouses of certain deceased persons who were killed during military service. Tuition fees would not be charged to eligible applicants attending any state education or training institution. The Spouse Educational Opportunities Benefit Account would be funded by appropriations made by the State Legislature, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any public or private source.
Senate Bill 567 would create the Energy Policy and Development Act. This Act would establish the Division of Energy and the position of the Executive Director, who would coordinate governmental activities intended to develop an energy policy and a development plan that would include innovative alternative and traditional sources of energy.
Senate Bill 571 relates to the pay of National Guard members. The bill would set the salary of the Adjutant General at the pay and allowance of an officer of the same rank on active duty. The bill also would set a minimum base pay for members of the National Guard and provide tuition payment for the cost of post-graduate courses of members.
In the House
As of 4 p.m., Wednesday, February 15, the 36th day of the 2006 Regular Session 1226 bills have been introduced in the House of Delegates. Of those, 62 have been passed by the House and sent to the Senate for its consideration. Some of the bills that passed the House this week and have been sent to the Senate are:
House Bill 2141 would require non-profit organizations to obtain a permit from a county commission to solicit monies from cars on public highways. One of the requirements to receive the permit would be that the organization certify that only persons over the age of 18 would participate in the solicitation.
House Bill 2312 would require all hotels and motels with rooms that are designated as handicapped accessible to install, at a minimum, grab bars in all showers and tubs. The grab bars would have to meet the specifications detailed in the American Disabilities Act of 1990.
House Bill 2947 would specify the forms of payments that can be made for delinquent property taxes on property that will be sold by the county sheriff. The bill would require the delinquent payment made within 14 days of the scheduled sale of the property be made only by cashiers check, money order, certified check or United States currency.
House Bill 4004 would prohibit law enforcement officials from using traffic cameras to detect or convict individuals of traffic violations.
House Bill 4041 would provide for a limited amount of liability immunity for volunteers of a public health department. The immunity would apply to simple negligence arising from the volunteer’s acts or omissions during the course of their service. The immunity would not apply to acts of intentional torture or gross negligence.
House Bill 4065 would expand the crimes for which parole hearings notification forms must be completed. The bill would add the following crimes to the list that requires notification of parole hearings: bank robbery, voluntary manslaughter, negligent homicide, driving under the influence causing death, fleeing causing death, malicious wounding, malicious assault, child abuse resulting in death, child neglect resulting in death.
House Bill 4072 would make it a misdemeanor offense for a person to remove a dog’s tags if they are not the owner of the dog. The penalties for conviction of this misdemeanor would be public service for 5-15 days and/or a fine of $50 – $100.
House Bill 4107 would increase the penalties for a care giver who abuses or neglects an elderly or incapacitated person who is under their care. This bill would change conviction of this offence from a misdemeanor to a felony and require that the incarceration time be served at a state correction facility instead of a county jail, and would increase the fines and jail time.
House Bill 4129 would require telephone solicitors who call on behalf of charitable organizations to tell the person called, if they ask, how much of the donated money the solicitor will keep and how much will actually go to the charitable organization.
House Bill 4240 would change the name of the Community and Technical College of Shepherd to the Blue Ridge Community and Technical College.
House Bill 4260 would enhance the objectives of audits performed by the State Board conducted on educational facilities’ performance. The bill also would require the State Board to report their findings to the Legislative Oversight Commission on Education Accountability no later than December 1, 2006.
House Bill 4295 would establish a bird dog training permit. The fee for this permit would be $10.
House Bill 4306 would prohibit individuals from demonstrating within 500 feet of a funeral service or procession. The bill would make individuals encroaching upon the procession closer than 500 feet after previously being warned by law-enforcement officials face felony charges. Penalties of this offense would result in incarceration for one to five years, or a fine of $500-$2000, upon conviction.
House Bill 4307 would allow drivers of antique cars and motorcycles an extended time period on weekends to drive their vehicles for recreational purposes. Currently the time period is Saturday through Sunday evening. This bill would extend the time to begin at 4:00 p.m. on Friday.
House Bill 4309 would detail the type of information to be placed on a racial profiling form that West Virginia law enforcement officials must complete after a traffic stop, as part of a statewide study on racial profiling. The bill would require the Director of the Governor’s Committee on Crime, Delinquency and Correction to publish the findings of this study and analysis of the information by February 1, 2009, and provide copies of this publication to the Governor and to the Joint Committee on Government and Finance.
House Bill 4447 would allow county Boards of Education to lease school buses to non-profit organizations for the use of transportation to and from fairs, festivals and other educational and cultural events. The driver would be required, by this law, to be regularly employed by the county Board of Education.
Completed Legislation
(Week of February 9-15)
Senate Bill 539 will remove the qualification of five years of underground coal mining experience for applicants applying for the position of the Director of the Office of Miners’ Health, Safety and Training, making this requirement optional if the applicant had completed five years of education and training in underground coal mining safety.
House Bill 4037 will amend the definition of real property previously specified in §11-4-3 of the West Virginia Code, to specify a place of residence to not be just the primary place of residence. The amendment is retroactive to July 1, 2005.