Page 390 – Wrap Up

Capitol Architectural Quirks, Often Unnoticed, Add to Statehouse’s Charm

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February 15, 2006

Capitol Architectural Quirks, Often Unnoticed, Add to Statehouse’s Charm

Ceiling Rosettes - Front Portico — Ceiling Rosettes – Front Portico Once atop the spacious stairways at either the North or South exterior of the Capitol, one can look directly above to observe examples of the ceiling rosettes. The colonnade of these porticoes is styled in the classic Roman Corinthian order, and supports a vaulted ceiling that features square coffered panels containing these rosettes, which represent West Virginia hardwoods. (Photo: Martin Valent)

Beneath the rosettes that adorn the ceilings that lead to the House and Senate chambers, lawmakers, visitors and employees move and hustle through the maze of people that line the 535,000 square feet of halls and floors. The walls stand still, made from the finest marble, and those who walk by barely notice the tiny details translated from architectural design into art. Amidst the blue and red panels of color that contrast from the Rotunda’s center, all find themselves concerned with the legislative process, while the visible architecture and hidden details of the building are lost in the background to the business of the day.

The Capitol, in fact, contains just as many intricacies as a piece of legislation, but instead of being written on paper, these complexities are etched in stone and carved in wood.

It is in this historic building, designated in 1994 as one of the greatest state capitol buildings in the United States by the Building Owners and Managers Association International, that workers and legislators – busy with the day’s work – often overlook the complexities and quirks of the building in which West Virginia’s Legislature is housed. In fact, there are many sights and details that when noticed or revealed, are followed by an, “I’ve worked here all these years, and I never knew that.”

For instance, construction on the State Capitol began in 1924 and was completed in 1932, taking eight years to construct Cass Gilbert’s design, full of marble columns, rich paints and ceiling rosettes. The West Wing, which houses the Senate, was completed after one year of construction that began in 1924 and ended in 1925. The East Wing was the next section of the Capitol to be constructed, beginning in 1926 and ending in 1927. Capping off the Capitol’s completion was the installment of the Capitol’s center – the Rotunda – which was built from 1930-1932.

The final price of building the complex was $9.5 million, a price paid in full upon completion. If West Virginia were to rebuild the Statehouse in its entirety, exactly as it stands now, it would come at a price that is unaffordable – as one Cultural Center worker stated, the Capitol is literally “priceless.” As she noted, the price of a marble coffee tabletop can run from $200-$1,000. But marble pillars are different than coffee tabletops, especially when they are weighed in tons instead of pounds. Two-hundred train carloads of marble were needed to construct the interior of the Capitol building. Moreover, the two support columns in front of both the House and Senate weigh 34 tons. Ultimately, two-thirds of the Capitol’s interior is composed of seven different types of marble – literally priceless. The Statehouse is insured for $200 million.

However, before these details can be noticed and the architecture can be appreciated, lighting is needed. Lining the halls that lead to both the House of Delegates and the Senate are 55 column lights, representing each of West Virginia’s 55 counties. These black and gold Belgian marble columns are capped off by translucent alabaster sconces – emanating a soft and golden glow.

Lighting is an important and expensive feature for both houses and the Rotunda area, as well. Although the ceilings in the House and Senate may differ in style and structure, the chandeliers that dangle from the center of the room are equal in grandiose proportion and price. Together, both chandeliers are worth $500,000.

The chandelier in the center of the Rotunda, though, is on a much more grand scale than those lights that hang in both houses. The central light measures in at eight feet in diameter and weighs 4,000 pounds. It takes 96 light bulbs to illuminate the 10,080 Czech Republic Crystals that make up the chandelier. Every four years, the chandelier is lowered for cleaning; then the panels of crystal are removed and dipped into a warm rinse.

The dome that encases the Rotunda is just as noteworthy. The recently remodeled, gray and gold-leafed dome is the fourth largest dome in the United States. And, although the dome is smaller in diameter than the U.S. Capitol, West Virginian’s Capitol dome in Charleston is 4 1/2 feet taller than the Capitol in Washington, D.C.

In his design, Gilbert not only decorated and embellished the walls, floors and Rotunda areas of the Capitol, but he also made sure that the ceilings that lead to the both House chambers were equally as extravagant. Visitors see plaster molded rosettes that appear to be blossoming from the ceiling. These medallions, though, are more than a decoration for the ceiling; they are a reflection of the state’s environment. Carved from plaster, the rosettes are sculpted to resemble the leaves of three prominent pieces of foliage: Sugar Maple (the state tree), Magnolia and Red Oak.

Unlike the sights that can readily be viewed and aesthetically appreciated, behind the Capitol’s walls lie items – treasure chests of yesteryears. In the well of the Rotunda, marked with a bronze plaque, is a time capsule that was sealed away during the Rockefeller administration in 1982. Pop culture meets politics as the contents of the capsule showcase political speeches and 80s memorabilia. Among the contents of the chest are a copy of Governor Rockefeller’s 1982 State of the State Address, a road map, a congratulatory message from Cass Gilbert’s grandchildren, a Rubik’s Cube and a 45-rpm record of “Roseanna” by Toto (the number one album from the Top 40). In 2032, marking the 50th year that the capsule has been locked away, the past will be opened and seen by those in the present.

The Capitol is a complex building, all of its 333 rooms. In “Trivial Pursuit” fashion, every aspect of its architecture could be the answer to a West Virginia history question. For example, Anna Jarvis’ bust is the only statue of a female on the Statehouse grounds. Moreover, two U.S. Presidents are honored within the Capitol Grounds: Abraham Lincoln is featured in a statue that faces the Kanawha River, and a plaque in the stairwell that leads to the Capitol basement features an excerpt from John F. Kennedy’s Inaugural Address.

Another fact: Before 1995, when the House Chamber was remodeled, three electrical outlets were all that were provided for the state’s 100 delegates. After the remodeling was complete, each Delegate was allotted two outlets – one for a computer and one for a lamp. The elevators in the center part of the building are numbered in European fashion beginning with Basement, Ground (as compared to first), First (often thought of as second), and Second (which is more like the third). Some of the Capitol’s greatest charm exudes from its little quirks – either etched in stone or painted on an edifice. This isn’t always noticed.

Despite the detailed halls and ceilings, floors and doorways of the West Virginia Capitol, Gilbert’s overall scheme will forever be incomplete – on the brink of being fully realized. He designed the U. S. Supreme Court building and U.S. Chamber of Commerce, but the West Virginia Capitol is not completely finished. In the Rotunda’s center, blue panels that were originally intended to feature murals of the Mountain State encircle the upper well. Before his vision was fully realized, Gilbert passed away. The panels will remain empty and blue, honoring Gilbert’s design and the murals he envisioned when he first drew the blueprints in 1924. Even without them, the building, itself, is full of just as much history as it has marble – a priceless Statehouse.

Vol. XVII Issue 4

Cheyenne DeBolt

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February 8, 2006

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In the Senate

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February 8, 2006

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As of 4 p.m., Wednesday, February 8, the 29th day of the 2006 Regular Session, 539 bills have been introduced in the Senate. Thirty-one bills have been passed by the Senate and sent to the House for further consideration. The following 13 bills were passed by the Senate since Thursday, February 2:

Senate Bill 57 would allow a county commission or municipality to request the Commissioner of Highways to designate and operate a traffic control signal as a flashing signal. The Division of Highways would review the request and either grant the request or deny the request in writing. If the request is approved, the county commission or municipality initiating the request would be responsible for the costs incurred by the Division of Highways.

Senate Bill 174 would clarify the earnings information required for the State Police Death, Disability and Retirement Fund. This bill would require that the board annually examine any information available from the State Tax Commissioner as it relates to recipients’ disability benefits. Also, the provisions of this bill would provide for the termination and recovery of benefits for misrepresentation.

Senate Bill 364 would continue the West Virginia Jobs Act and require that the Division of Labor file annual reports. The Division of Labor would have to compile the information and submit it annually to the Joint Committee on Government and Finance by October 15.

Senate Bill 441 would, for the most part, prohibit public display of autopsy photographs allowing publication only in situations when an authorized individual has provided written authorization for the public display of the autopsy photograph. If violated, this bill would allow plaintiffs to seek civil action and recover monetary damages for violations.

Senate Bill 442 would change the requirements for obtaining a graduated driver’s license by changing the expiration date of level one and level two licenses. A level one instruction permit applies to an applicant who is 15 years old and is valid until 30 days after the date the applicant turns 18.

Senate Bill 444 would require that each person occupying a residence or operating a business should use a solid waste collection service and pay the fees established for disposal of solid waste as a defense to a violation of disposal law. Also, this bill would require that those disposing of waste provide proper proof that they have properly disposed of solid waste at least once within every 30-day period. Upon conviction, he or she is subject to a fine of $50- $1,000 in addition to the unpaid fees for every year that a fee is not paid.

Senate Bill 461 would require that issues of water supply apply to both surface and underground mining operations. If passed, the operator conducting a mining operation would be required to provide an emergency drinking water supply within 24 hours, provide temporary water supply within 72 hours and, within a 30 day period, begin to establish a permanent water supply or submit a proposal outlining the measures and timetables to be utilized in establishing a permanent supply.

Senate Bill 479 would expand the funeral expense payment benefit to include all probation officers killed in the line of duty. With the previous passage, the provisions of this bill applied to any safety or emergency worker killed on or after the January 1, 1999, while carrying out his or her official duties.

Senate Bill 480 would increase the amount of time that defendants have to pay costs of criminal proceedings. A defendant who has been involved in criminal proceedings for which he or she has served time in jail or prison would not be held liable for the fines and court costs until 180 days after the completion of a jail or prison term.

Senate Bill 481 would allow any protective order issued by a court of this state, which is served outside the boundaries of this state, to carry the same force and effect as if it had been personally served within this state’s boundaries.

Senate Bill 483 would provide that records of guardian proceedings that involve minors would not be disclosed to any person who is not a party to the proceeding, counsel involved or person presiding over the proceeding. This bill would aim to ensure confidentiality of circuit court records involving guardianship of minors.

Senate Bill 484 would authorize the use of community corrections programs in pretrial supervision. If passed, counties and municipalities would have the ability to establish and operate community corrections programs to be used prior to trial as a condition of bond in circuit and magistrate courts. The chief judge would be required to certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.

Senate Bill 539 would increase the professional qualifications required for the position of Director of the Office of Miners’ Health, Safety and Training. The requirements for the position would require that the candidate be a citizen of West Virginia with a demonstrated interest and five years’ education, training or experience in underground coal mining safety.

A Sampling of Bills Introduced in the Senate

Senate Bill 475 would require routine inspections of acupuncture facilities to be conducted by the West Virginia Acupuncture Board. If the board were to find that a person has violated a rule promulgated under the provision of this bill, the board would be able to take action against the acupuncture facility as if a written complaint had been filed against the person with the board. That person would have 20 days to file a written response to the complaint. Thereafter, the board would investigate the issues.

Senate Bill 490 would exempt the Excise Tax on gasoline or special fuels sold to county aging programs as defined by the Older Americans Act and designated by the Bureau of Senior Services.

Senate Bill 521 would allow the Natural Resources Commission to promulgate rules to permit and regulate the hunting of white-tailed deer in any state park. To do so, the Natural Resources Commission would have to protect the ecological integrity of the area.

In the House

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February 8, 2006

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As of 4 p.m., Wednesday, February 8, the 29th day of the 2006 Regular Session, 1,104 bills have been introduced in the House of Delegates. Of those, 42 bills have been passed by the House and sent to the Senate for its consideration. Some of the bills that have passed this week are:

House Bill 4112 would extend the time for the County Commission of Mineral County to meet as a levying body, set the levy rate and certify its actions to the Tax Commission until May 16, 2006.

House Bill 4133 would give magistrate courts concurrent juvenile jurisdiction with circuit courts in enforcing the laws prohibiting the possession or use of tobacco or tobacco products by minors. The measure also gives concurrent juvenile jurisdiction to municipal courts.

House Bill 4239 would continue the West Virginia Division of Unemployment Compensation. The purpose of the division is to administer unemployment compensation services through the collection of employer contributions and the payments of benefits to eligible people.

House Bill 4308 would limit the definition of conviction for purposes of administrative license revocation proceedings for individuals driving under the influence of alcohol, controlled substances or drugs.

House Bill 2607 would add sickle cell anemia and congenital adrenal hyperplasia to newborn screening requirements.

House Bill 4106 would correct the special one-day license provisions for the sale of wine by a distributor to be for a non-retailer, such as a non-profit organization.

House Bill 4008 would authorize existing city and county housing authorities to merge to form a regional housing authority. This merger would be authorized through the creation of a joint resolution that includes transfer of assets and liabilities, membership of authority and adoption of plan of the merger.

House Bill 4096 relates to the amount of an appeal bond. The measure would limit bond amounts, consolidate multiple judgements for bonding purposes and provide exceptions to bonding limitations.

House Bill 4353 would require law enforcement officers to have a valid complaint, signed by a magistrate or municipal judge, with showing of probable cause before reporting said offense to the Commissioner of the Department of Motor Vehicles.

House Bill 4392 would continue the West Virginia Conservation Agency. The purpose of the agency is to coordinate statewide conservation efforts, which include controlling floods, conserving West Virginia’s natural resources and wildlife, and protecting public lands.

House Bill 4296 would provide an employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer. The measure also would require written disclosure of the job-related information and provide for the correction of false or misleading information.

House Bill 4368 would allow the Alcohol Beverage Control Agency Commissioner to investigate and impose penalties against licensed wine sellers for violations. The measure also would allow for the assessment of optional penalties in addition to revocation or suspension of a license. However, if the violation is willful, the license would be revoked.

A Sampling of Bills Introduced in the House

House Bill 4357 would make it a misdemeanor to lie to a deputy sheriff or municipal police officer who is conducting an investigation of a felony. An individual who is convicted of this misdemeanor would be fined no more than $500 and/or confined in jail for no more than one year.

House Bill 4370 would authorize volunteer and part volunteer fire departments to create a fund to recognize their volunteers with an award for their years of service.

House Bill 4389 would require county clerks to notify property owners of the existence of a lien filed against their property. The measure further requires a fee of $1 for filing a lien and if a county clerk fails to notify an individual of the lien, he or she is liable for the amount of any injury the person may receive because of the failed notice. The injured individual also may choose to recover $50 from the clerk or justice.

House Bill 4394 would designate April 1 of each year as “Coal Miners Memorial Day” and make it a state holiday.

House Bill 4406 would remove the requirement to evaluate classroom teachers who have five years experience and no unsatisfactory evaluations for at least three years. This measure also would allow these teachers to only be evaluated when the principal determines it is necessary or if the teacher wants to be evaluated.

House Bill 4444 would permit land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands while providing exceptions to the permit requirements for growing and digging the herb. This measure also creates an expiration date for ginseng dealer permits.

House Bill 4455 would prohibit any person who deals in children’s products from re-manufacturing, retrofitting, selling, contracting to sell or otherwise placing in the stream of commerce, unsafe children’s products. This measure also would require the Bureau of Public Health to provide an updated list of children’s products considered to be unsafe as well as a list of presumptions of certain children’s products. An individual who violates the provisions in this measure would be guilty of a misdemeanor and fined between $100 and $500 if convicted. A second or subsequent offense would result in being fined between $500 and $1000 if convicted.

During Session, Per Diem Staff Helps Power the Legislative Engine

Erin Loucks

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February 8, 2006

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During Session, Per Diem Staff Helps Power the Legislative Engine

For most of the year, the Statehouse is empty and quiet, footsteps echoing off the marble walls. There are 200 employees who work year round for the West Virginia Legislature, but come January the number doubles. Per diem employees fill half of the jobs needed to make the legislative sessions run smoothly. Some of these employees have developed a passion for the legislative process, making it a memorable part of their year.

One office that consists entirely of per diem employees is the Journal Room. The House and Senate Journal Rooms combined employ 19 people during the busy session in a room filled with wooden cabinets and cubby holes that looks more like a mail room than the heart of bill dispensing. These dedicated workers have come back year after year to do a job they look forward to each January. Even with technology becoming part of the system, the Capitol could not do without these employees to disseminate copies of legislation and information to anyone who desires it.

Some have been working in the Journal Room for decades, but they continue to practice their civic duties because over the years they have become a family and appreciate the knowledge they gain from working at the Capitol. Most of the Journal Room staff is retired and their annual return gives them a chance to meet with their friends for a few months of the year, earn some extra money and share their knowledge with people new to the lawmaking system.

“It’s like coming home to a second family,” one employee commented.

House Journal Room House Journal Room staff refill bill boxes with the most recent versions of bills. (Photo: Shane Evans)

They converge from different parts of the state for a few months out of the year and after the session is adjourned, return home to be homemakers, grandparents and retirees.

According to the per diem staff, their duties are sometimes tedious. However, their responsibilities are crucial to everyone housed in the Capitol.

Every other year, the House has carryover bills that are reintroduced in the next session. The employees arrived a week prior to the start of the session to reprocess carryover bills, 646 this year, and to start renumbering. Thousands of old bills are removed from the bins and recycled after all enrolled bills are taken to the clerks office two weeks after session has adjourned. The Journal Room clerks process all of the new bills, originals and copies of all of them. They also put the House Journals together every day, stock 200 and send the others to Delegates’ mailing lists. Abstracts of introduced bills by number are published daily and then set on tables so the public can keep up-to-date on the actions of the Legislature. The abstracts also make it easier for visitors to know which bills they want pulled.

The Senate bill clerks’ duties include collating the rule making bills and filling the floor books for all 34 Senators each morning. The floor books contain readings, status sheets and bills on the calendar. These books allow the Senators to receive all the information they need on a daily basis.

As the bills change and take on different forms, the Journal Room staff constantly updates the shelves so that the most current versions of the bills are on top. The clerks also are in charge of the lobbyists’ paid boxes and stock them daily with all of the bills introduced that day. The House has 40 boxes to stock and the Senate has 60, with 20 going to committees. The Journal Room sends out thousands of bills and journals to mailing lists each week.

The bill clerks’ mornings in the Journal Room are always busy because the new bills arrive and must be sorted and placed into their own cubby hole, 250 copies of each bill to be exact. Like any other job, it has its spurts of excitement and down time. The final two weeks of session receive the most traffic this office will see because it brings the end of bill introduction. Journal Room clerks must stay a few weeks after session has ended to organize all the enrolled bills and get rid of old bills, but to them, that just means more time to spend working with old friends before it’s all over.

The Senate and House Journal Rooms were at one time separated and located next to their respective chambers. The rooms were much smaller, making it more difficult to stay organized. The introduced bills were in tall metal cabinets that could only be accessed by one person at a time by ladder. Other bills had to be stored in a closet with dividers, and when someone needed to find a bill they would have to crawl on the floor to retrieve the bill. Now it is much more automated and efficient for the journal clerks to find what they need. With more space in a larger room that combines House and Senate bills, the staff has a better system to store and number the bills without having to dig through the stacks.

Many people come to the Journal Room before they go anywhere else to collect bills, but the number has dropped since the bills have become available on the Legislature’s Web site.

Computers also have allowed bill drafters to work at a quicker pace. Changes in bills become easier and the new versions reach the journal room in a more timely manner. While computers have made the search for bills much easier and convenient, some believe there is no substitute for hard copies.

A portion of the population does not have access to the Internet and many citizens rely on having a bill in hand while visiting their lawmakers. The Journal Room acts as a depot for lobbyists, citizens and lawmakers to obtain hard copies of these valuable informational materials. And, like all Per Diem staff hired during legislative sessions, the Journal Room employees are a crucial piece of the legislative process.

Vol. XVII Issue 3

Cheyenne DeBolt

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February 1, 2006

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In the Senate

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February 1, 2006

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As of 4 p.m., Wednesday, February 1, the 22nd day of the 2006 Regular Session, 460 bills have been introduced in the Senate, including 105 rule-making bills. Eighteen bills have been passed by the Senate and sent to the House for further consideration. The following seven bills were passed by the Senate since Thursday, January 26:

Senate Bill 7 would establish the State Flood Protection Planning Council, authorize certain duties and require reporting to the Joint Legislative Oversight Commission on Water Resources. The Council would consist of five members and designate one member in rotation to be chair for a term of two years and meet, at least, quarterly.

Senate Bill 51 would allow a name change for persons born in, married in and previously were residents in a county in West Virginia for at least 15 years where the petition is brought. This would assist those who lived in the state for a period of time then moved away, and now wish to have a name change due to divorce or other circumstances.

Senate Bill 242 would allow state-chartered banks to issue more than one class of stock. The shares must have a value of at least $1 and no more than $100 each.

Senate Bill 244 clarifies investment limitations for state chartered banks. The bill would not allow state-chartered banks to invest or expend more of their capital and surplus on permitted activities on an aggregate basis together with any of their approved financially related products and services than would be allowed for a national bank providing the same services, unless waived by the commissioner.

Senate Bill 271 would reduce the time period that state banks are required to retain records from six to five years. This legislation is in compliance with federal requirements.

Senate Bill 370 would exempt farming equipment and livestock from personal property taxation.

Senate Bill 371 would reduce the rate of tax paid on the privilege of severing timber after December 31, 2006.

A Sampling of Bills Introduced in the Senate

Senate Bill 281 would create the All-Terrain Vehicle (ATV) Responsibility Act. This would set rules for ATV outfitters and licensees to require them to maintain all equipment and facilities; provide helmets; supply age and size appropriate vehicles to minors (under 18); not rent to minors without consent of a parent or guardian; provide supervision or make sure the parent is providing supervision to minors under the age of 16; and, have every guide certified in CPR and ATV safety training. Under this bill, riders must maintain control of the vehicle, not tamper with any vehicle, obey all rules and wear proper safety equipment.

Senate Bill 284 would deter the practice of setting couches on fire in public rights-of-way by defining such activity as arson in the fourth degree. Upon such conviction, a person would be sentenced to a state correctional facility for no less than one year, or fined to less than $2,500, or both.

Senate Bill 286 would authorize counties and municipalities to restrict limited video lottery locations from being within 2,000 feet of a church, local or state government, school or community center. It also may require the locations to be in industrial zones and no closer than 5,000 feet from another limited video lottery location. This bill also would allow a municipality without a planning commission to adopt an ordinance that would limit areas where businesses may offer limited video lottery. The Lottery Commission Director would supervise and administer licenses for limited lottery locations and register the terminals and equipment used. Effective July 1, 2006, upon passage of the bill, the Lottery Commission would reduce the number of video lottery machines in the state to 4,500 through attrition and restrictions on the sale and transfer of licenses.

Senate Bill 368 would provide housing supplements for members of the West Virginia State Police. The payments would be made in equal monthly installments and should be considered a part of the state minimum salaries of the member of the State Police. Beginning July 1, 2006, members of the State Police who reside in a county in which the average monthly mortgage payment is greater than $700 would receive an annual housing supplement determined accordingly: mortgages ranging from $700-745 would receive $300; $745.01-760 would receive $600; $760.01-790 would receive $900; $790.01-820 would receive $1,200; $820.01-850 would receive $1,500; $850.01-890 would receive $1,800; $890.01-930 would receive $2,100; and, $930.01 and above would receive $2,400.

Senate Bill 420 would restrict billboard advertising of exotic entertainment establishments within one mile of state highways, except if the business itself is located within that mile. In this case, the business could only display a maximum of two exterior signs on the business premises, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. The sign could be no larger than 40 square feet in size with only the name, address, phone number and hours of operation. Signs that existed before the effective date that do not conform to these requirements could remain the same, but must be changed to conform within three years of the effective date.

Senate Bill 422 would allow frequent commuters on the West Virginia Turnpike to turn in accumulated toll receipts that equal the cost of a yearly commuter pass for a commuter pass for the remainder of the calendar year.

Senate Bill 430 would increase the penalties for those convicted as sex offenders and for failing to register as a sex offender. The bill also would provide notice to residents within 1,000 feet of the residence of the sex offender and make it mandatory for a sexually violent predator to wear a GPS device, upon release, monitored by the State Police.

Senate Bill 437 would change the scenic license plate issued by the Department of Motor Vehicles to display the new motto, “Open for Business,” and a portrait of the New River Bridge Arch.

Senate Bill 440 would allow unborn children to be eligible for coverage under the West Virginia Children’s Health Insurance Program.

In the House

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February 1, 2006

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As of 4 p.m., Wednesday, February 1, the 22nd day of the 2006 Regular Session, 993 bills have been introduced in the House of Delegates. Of these 26 bills have been passed by the House and sent to the Senate for its consideration. The following nine bills were passed by the House since Thursday, January 26:

House Bill 2328 would give precedential application to written advisory opinions issued by the Ethics Commission’s Committee on Open Governmental Meetings. This bill would provide reliance on a written opinion of the West Virginia Ethics Commission Committee, making it an absolute defense to certain criminal actions.

House Bill 2424 would prohibit persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle. In the bill, the term “impersonate” includes, but is not limited to, falsely representing oneself as a public official or employee while operating a motor vehicle that displays a copy, imitation or reproduction of any official emblem, image, inscription, seal, sign, symbol, logogram or other official marking, connoting government sponsorship. Furthermore, the bill includes motor vehicles equipped with any flashing light, siren or other penetrating warning sound, or other apparatus or equipment generally recognized as being a device commonly associated with an official vehicle used by public officials or employees.

House Bill 4006 would add the counties of Mercer and Raleigh to the counties that participate in the Hatfield-McCoy Regional Recreational Authority. Currently, the participating counties are Boone, Lincoln, Logan, McDowell, Mingo, Wayne and Wyoming.

House Bill 4032 relates to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, from a participating employer who fails to timely pay amounts due. Delinquency surcharges approximating interest or earnings lost as a result of late payment would be assessed.

House Bill 4034 would remove the requirement that a no longer disabled employee must return to his or her former job. It also would permit administrative hearings before disability retirement termination; clarify procedures for re-application by disability retirants whose benefits were terminated for economic causes; clarify that the reinstatement interest factors would be used in error correction matters; and, specify that the board may terminate not only early retirement benefits, but also regular or disability retirement benefits of someone who has fraudulently obtained them. Current code establishes that such fraud is a misdemeanor with jail and monetary penalties.

House Bill 4047 relates to part-time prosecuting attorneys. The bill would make it so that a Class VI county that becomes reclassified as a Class V county, before July 1, 2010, would be able to maintain a part-time prosecuting attorney with the approval of the prosecuting attorney and the county commission. If the prosecuting attorney remains part-time, then the attorney would be paid at the Class VI county level.

House Bill 4052 would provide that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or by the prosecuting attorney.

House Bill 4068 would limit the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration. The person would not be eligible for consideration for release upon parole until the person has served a minimum of one full year imprisonment or until they are otherwise parole eligible, whichever is longer.

House Bill 4329 would continue the Division of Unemployment Compensation, until July 1, 2010, pursuant to the West Virginia Sunset Law. The Division of Unemployment Compensation provides temporary compensation to those unemployed workers meeting the eligibility requirements of West Virginia law.

A Sampling of Bills Introduced in the House

House Bill 4113 relates to the issuance of a special registration plate for veteran recipients of the United States Armed Forces Air Medal. This amendment is proposed in order to recognize and honor veterans who have earned a United States Armed Forces Air Medal.

House Bill 4122 would make owners and caretakers of a gravesite or cemetery not liable for accidents or injuries to others visiting a gravesite or cemetery. This proposed law would not apply to accidents or injuries that result from acts or omissions involving gross negligence or intentional acts by owners and caretakers.

House Bill 4070 would require property owners to disclose the previous existence on the property of a crystal methamphetamine lab. Failure to do so would render the sale, or the lease of the land voidable at the volition of the buyer, grantee, or lessee.

House Bill 4241 would prohibit a merchant from soliciting a customer’s telephone number during a purchase unless the information is required for a legitimate purpose.

House Bill 4277 would provide a process for public funding of elections for the Governor, Attorney General, Auditor, Commissioner of Agriculture, Secretary of State, Treasurer and members of the Legislature. The bill would establish the “Clean Elections Act,” which would create a voluntary system of public funding to qualified political candidates who agree to accept spending limits and do no other private fund raising. The State Election Commission would be responsible for administering the program. Both civil and criminal penalties would be provided for violations of the Act.

Rule-making Review Process Key to the Workings of State Government

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February 1, 2006

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Rule-making Review Process Key to the Workings of State Government

Capitol Dome Restored In October 2005, the final restoration of the Capitol Dome was completed and unveiled to the public. The project took two years to complete as workers made repairs inside the Dome and restored the exterior to its original form. The Dome, as it presently sits in the colors of gold and gray, has been restored to reflect the original specifications of architect Cass Gilbert. Dark panels of gray offset by gold-leafed symbols and borders now serve as an artistic and architectural reminder of the Kanawha Valley in the 1930s. (Photo: Martin Valent)

This past Monday, January 30th, 2006, marked the 20th day on the Legislative Calendar, the first of several deadline days for the Regular Session. It also was the submission date for Legislative Rule-Making Review bills.

Rule-making bills are an important yet often overlooked aspect of the work that goes on during a legislative session. So what exactly is a rule?

As defined in WV Code Chapter 29A-1-2, a rule is a regulation or standard affecting private rights, privileges or interests or the procedures available to the public. A rule is adopted by an agency to fill in the blanks in the law.

There are three types of rules that also are defined in the WV Code. First, a Legislative Rule is a rule, which, when authorized by Legislature, has the force of law, supplies a basis for the imposition of civil or criminal liability, or grants or denies a specific benefit. A Legislative rule is determinative on any issue affecting a citizen’s rights, privileges or interests.

Second, an Interpretive Rule is adopted by an agency to provide information or guidance to the public regarding an agency’s interpretations, policy or opinions upon the law enforced or administered by it.

Finally, a Procedural Rule is a rule that fixes rules of procedure, practice or evidence for dealings with or proceedings before an agency.

Interpretive and Procedural Rules follow the same procedure for promulgation, which is putting a law into action or force. An agency must file a notice with the State Register, located within the Secretary of State’s Office, no less than 30 days or more than 60 days before the end of the comment period. The rule gets considered for adoption, whereupon a notice of adoption or withdrawal is filed with the State Register. If a rule is adopted, the text of the rule with the notice for adoption is then filed.

The other type of rule, a Legislative Rule, follows a slightly different procedure. A notice of public comment is first filed with the State Register. A copy of the proposed rule is then filed with the Legislative Rule-Making Review Committee (LRMRC). The Committee is comprised of six members of both the House of Delegates and the Senate, chief counsel, four associate counsels and a staff person. At the end of the public comment period, one copy of the Agency Approved rule gets filed with the Secretary of State and 15 copies go to the LRMRC.

The filings with the LRMRC must show the amendments to a current rule by strike-throughs and underlines and also must contain a brief summary of the proposed rule. Also, a statement of the circumstances requiring the proposed rule and a fiscal note must be included.

The Committee decides whether an agency has exceeded the scope of its statutory authority and whether the proposed rule conforms to legislative intent. Finally, the Committee must decide whether or not the proposed rule conflicts with WV Code or any other rule.

The committee also analyzes the proposed rule to determine whether the rule is necessary and reasonable, could be made less complex and whether the rule was proposed for promulgation in compliance with the requirements of State Code.

Following those determinations, the LRMRC may recommend that the Legislature authorize the proposed rule, that they authorize it with modifications, that they authorize it with amendments or that the agency should withdraw the proposed rule.

After a determination is made, and a rule is to be authorized, one copy of the modified rule must be filed with the Secretary of State and 10 copies must be filed with the LRMRC. The Committee’s staff then drafts a bill of authorization for each proposed rule. The Committee then submits its final report to the Legislature and the bills of authorization are introduced in each chamber. As of January 31st, 105 rule-making bills have been introduced. For instance, Senate Bill 377/House Bill 4219 would authorize the Division of Natural Resources to promulgate a legislative rule relating to falconry. The proposed rule would allow a non-resident falconer who possesses a valid falconry permit from another state that meets falconry standards and is listed in the appropriate federal regulations, to pay an initial $100 fee and an annual renewal fee of $100.

Now, the bills are like any other bill introduced and must go through the same process all bills go through in becoming law. If a bill of authorization passes, then the affected agency may promulgate/proclaim the rule. However, if a bill is not approved, then the agency cannot declare the rule valid.

After an authorizing bill passes the Legislature, the agency must promulgate the rules within 60 days of the effective date of the bill. The rule becomes effective 30 days after it is filed or on the date provided for in the bill.

One other type of rule bears mentioning. An Emergency Rule is often used when the Legislature is out of session. Emergency Rules are necessary for the immediate preservation of the public peace, health, safety or welfare. Also, to comply with a time limitation, state or federal law, rule or regulation and to prevent substantial harm to the public interest, an Emergency Rule is used.

An agency must file an emergency rule, together with a statement of the facts and circumstances creating the emergency with the Secretary of State and the LRMRC. Emergency Rules become effective upon approval by the Secretary of State in most cases or, in the case of a proposed Secretary of State Emergency Rule, the Attorney General or upon the 42nd day after filing, whichever happens first.

Vol. XVII Issue 2

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January 25, 2006

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