Friday, May 16, 2025
Friday, May 16, 2025
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Teamwork Demonstrates Perseverance, Grit & West Virginia Pride

Regardless of their allegiance to a particular college or university, citizens of West Virginia came together to celebrate the success of the extraordinary West Virginia University men’s basketball team and its coach John Beilein, as well as the post-season journey of the women’s team. Some already refer to the Regular 60-day session of the Legislature as “March Madness,” but with the continued accomplishments of these teams, a different wave of anticipation swept over the Capitol.

In order to recognize the extreme success achieved by both the men’s and women’s basketball teams at WVU and to thank the players for the unification and attention they garnered in this great state, both the House of the Delegates and the Senate will be introducing resolutions and presenting them to the teams on April 9, the final day of the Regular Session.

In its battle for a national championship, the WVU men’s basketball team evoked a unified spirit that had long been subdued in this state. A collective sense of pride flowed throughout West Virginia with citizens rallying around the team as they powered their way beyond anyone’s expectations. This support had no exception within the state’s Capitol. Lawmakers expressed their team spirit by donning flashing WVU pins and giving motivational remarks on the floor pledging their faith in this seemingly unstoppable team.

The state cheered as the Mountaineers advanced quickly through the National Collegiate Athletic Association (NCAA) championship tournament, starting among 65 other teams and advancing all the way to the Elite Eight. These players captured the state’s and the nation’s hearts with their unexpected success in a classic Cinderella story.

Their first round game against Creighton displayed the Mountaineers’ never-say-die attitude. With only seconds remaining, the WVU’s defense held strong, blocking a Creighton shot that led to the game-winning slam dunk. Many thought the team’s tournament run would end in the second round. However, the Mountaineers rallied from a 13-point halftime deficit against the region’s #2 seeded team, Wake Forest, to win in double overtime. In its Sweet 16 match-up against Texas Tech, WVU again persevered, defeating a talented team and one of the NCAA’s most accomplished coaches.

By the Elite Eight, with only one win between WVU and the coveted Final Four, all West Virginians, including state lawmakers, believed that anything was possible. However, Mountaineer fans stood in shock as the team’s lead, which had climbed to 20 points following a barrage of three-point baskets in the first half, began slipping away during overtime of its final game against Louisville. When the game was eventually lost, Final Four dreams were shattered, but no one stood displeased with the team’s efforts.

“I’m so proud of those guys and what they’ve done for us on a national basis. Finally the state is being recognized for the tremendous quality of life in WV.” -Sen. Roman W. Prezioso (D – Marion)

“Obviously it makes us a very proud state that these young athletes have put us on the map in the athletic arena. We just want to show our appreciation and our gratitude for their great display of their wonderful athletic abilities.” -Del. Scott Varner (D -Marshall)

Including their improbable run in the Big East Conference tournament, the Mountaineer men played eight phenomenal games in a mere 13 days. Their perseverance, grit and teamwork provided hope and a sense of pride to West Virginia.

Sportscasters from New York to Los Angeles dubbed the Mountaineers “America’s team” and the phrase “Pittsnogled” became a frequently used verb during the tournament to describe unexpected triumphs. Even after its defeat to Louisville, the story of WVU was highlighted by many media outlets as one of the tournament’s most inspiring.

The Mountaineer women’s basketball team also enjoyed great success in their post-season endeavors. The team is currently participating in a post-season tournament for the second consecutive year. The women are soaring through the 2005 Women’s National Invitation Tournament, having defeated Kentucky in Lexington in double overtime to advance to the championship game against perennial power Southwest Missouri State. At the time of this publication, the championship game had not yet been played.

Inside the Capitol walls, lawmakers recognized the positive impact the teams were having and even during one of the busiest months for lawmakers, they unified under the common goal of WVU success. In the midst of heated debates and approaching deadlines, lawmakers from all regions of the state set aside differences and cheered for the Mountaineers. The state came together with resounding support and delighted in the amount of national attention WVU had received.

The Cinderella story does not end here. The Mountaineers not only gave the state positive national attention, but also they highlighted the strong work ethics that are so dear to our state. These athletes may have opened the door to future students looking to attend a college or university in West Virginia. Thanks to them, institutions of higher learning in West Virginia could see an increase in enrollment. In addition, three weeks of consistent public attention to a national audience may have extreme benefits for the state’s tourism industry. The ability to showcase not only athletic talent, but also a strong will to succeed and an unwavering commitment may change any negative perceptions of West Virginia some residing outside the Mountain State might hold.

March is always a time of madness at the State Capitol. The lawmakers and staff members will be forever grateful to the 2004-2005 West Virginia University basketball teams, who produced a spirit and a success that made this the most memorable March Madness to date.

In the Senate

As of 4 pm, Wednesday, March 23, 2005, the 43rd day of the Regular Session, 740 bills have been introduced in the Senate. Of those, 30 have passed since March 17 and have been sent to the House for its consideration. These include:

Senate Bill 30 would discontinue the use of a prior approval system for insurance rate and form filing. It also states that policy terms, which require a policyholder to repair or replace fire-damaged structures, are valid.

Senate Bill 121 would allow a West Virginia citizen to renew his or her hunting license or stamp by providing a State of West Virginia resident or nonresident hunting license from the previous hunting season that displays a certificate of training.

Senate Bill 147 would require that drugs which contain as their single active ingredient ephedrine, pseudoephedrine, or phenylpropanolamine be sold behind a pharmacy counter and be dispensed only by a pharmacist or pharmacy technician. This measure is designed to limit access to drugs used in the manufacturing of methamphetamines.

Senate Bill 159 would authorize a city, county or metropolitan government to form a consolidated local government with another city, county or metropolitan government. Citizens of the affected area would have to vote to approve the measure before consolidation could take place.

Senate Bill 166 would authorize the Secretary of Administration to sell 2.25 acres of land on Buffalo Creek in Logan County. Money from the sale of the property would be deposited into a special fund within the Department of Administration and would be used to improve or renovate the State Capitol Complex.

Senate Bill 191 would authorize the state Supreme Court and the Department of Health and Human Resources to set up mental hygiene programs in a limited number of counties. People who have been hospitalized twice for a mental illness within the last 24 months or convicted of a violent crime where mental illness played a significant role could be temporarily ordered to take a prescribed medication, be hospitalized or participate in other treatments.

Senate Bill 253 would allow the Insurance Commissioner to waive or reduce a penalty against an insurer for filing a late tax return.

Senate Bill 256 would require insurance companies to inform policyholders upon issuing or renewing a fire insurance policy if flood damage is not covered. In addition, information on flood insurance from the insurer’s agent or the National Flood Insurance Program would have to be provided. It also adds a new section that would specify that the Insurance Fraud Prevention Act apply to Farmers’ Mutual Insurance Companies.

Senate Bill 262 would provide that a member of the State Police Retirement System, who is partially disabled, could still receive benefits if he or she is employed in an administrative law enforcement position only, such as Sheriff or Chief of Police. Also, newly hired law enforcement employees would receive a physical examination that would be placed in their file upon entry into the system. As well, the bill would provide that employees may use unused leave at the end of retirement to acquire additional credited service but may not use it to purchase Public Employee Insurance Agency (PEIA) insurance until the age of 55.

Senate Bill 264 would make it mandatory for those eligible for the Teacher’s Defined Contribution Retirement System to participate in the system. Also, contributions that are withheld by the employer would have to be paid into the system within 15 days at the end of a pay period. Permanent total disability would be redefined for new hires after July 1, 2007.

Senate Bill 270 would increase from 10 to 30 days the amount of time an insurance company, health care corporation, examined rating organization or advisory organization has to prepare any rebuttal to findings contained within a report by the Insurance Commission examining the company or corporation’s financial records or organization’s relevant books and records. The number of required examinations is reduced from once every four years to once every five years.

Senate Bill 278 would require any bank holding company which controls a state banking institution to maintain a list of all stockholders who own or control more than five percent of the company’s outstanding shares.

Senate Bill 425 would clarify that all deputy sheriffs’ credited service from the Public Employees Retirement System (PERS) was transferred to the Deputy Sheriff Retirement System when it was created. It also would establish the procedures and payments for an employee and employer when a member has another job that requires membership in another retirement plan under the Consolidated Public Retirement Board (CPRB).

Senate Bill 433 would increase the membership of the Environmental Protection Advisory Council from seven to nine council members. It also would allow a meeting to be called at the written request of four council members.

Senate Bill 456 would define a cure offer as an offer of one or more items of value sent from a merchant or seller by certified mail to a consumer that claims to have suffered a loss as a result of a consumer transaction. A consumer would have 20 days to respond and 10 days to accept or decline.

Senate Bill 467 would authorize the Director of the Division of Protective Services to assess, charge and collect fees for the Division to provide safety and security to the State Capitol Complex and other state property.

In the House

As of 4 pm, Wednesday, March 23, 2005, the 43rd day of the 2005 Regular Session, 1,181 bills have been introduced in the House of Delegates. Of those, 19 have been passed by the House since March 16th and sent to the Senate for its consideration. These include:

House Bill 2229 would provide for the temporary detention of juveniles who are named in an emergency domestic violence protective order. Created in response to situations in which a juvenile is accused of domestic violence and magistrates are unwilling to detain the accused, this legislation would provide that a law enforcement official could take custody of a juvenile who is named in an emergency protective order by the juvenile’s parent or guardian. The detaining officer would be required to notify the Department of Health and Human Resources immediately and could detain the juvenile only in a non-secure or staff-secure facility.

House Bill 2522 would permit the operation of mini-distilleries, establishments that produce less than 20,000 gallons of alcoholic liquor annually, in West Virginia. The bill would require that at least 25 percent of the ingredients used to make the product are grown on the premises and would provide that no more than 25 percent of the ingredients used originate outside of the state. Under this legislation, mini-distilleries would be treated similar to farm wineries by allowing distillers to offer samples of and sell their products at the distillery, provided that sales are for off-site consumption only.

House Bill 2619 would provide that funds from revenues allocated to volunteer and part volunteer fire companies and departments may be expended for the payment of dues to national, state and county associations.

House Bill 2626 would allow active-duty military personnel stationed in West Virginia to hunt, fish or trap in the state without a license. The Director of the Division of Natural Resources would propose rules to verify that applicants qualify and to determine the type of identification required to be carried in place of a license while hunting, fishing or trapping.

House Bill 2783 would authorize the Director of the Division of Rehabilitation Services to allow school groups and other youth or civic organizations to use state vocational rehabilitation facilities. The Director also would be responsible for charging and collecting reasonable rent, provided that this money would be used exclusively for the maintenance of these buildings.

House Bill 2837 would charge the State Board of Education with prescribing personal finance instruction in secondary schools. The instruction would be integrated into the curriculum of appropriate existing courses for all students in secondary schools. This legislation is intended to provide students with a basic understanding of personal finances to prepare them for the future because, as outlined in the findings of the bill, individuals who have an understanding of personal finance are better equipped to manage money.

House Bill 2885 would reduce the number of tuberculosis skin testing required by school personnel, thereby reducing the cost and burden of repeated testing for these employees. Under current law, skin testing is required every other year and according to the findings in the bill, records show that this group of people has been a low-risk population for tuberculosis. Additionally, it would allow a physician or local health officer to seek an individualized course of treatment for people with tuberculosis, which would reduce their risk of developing multi-drug resistant tuberculosis.

House Bill 2914 would restrict actions against doctors who are board certified in reproductive endocrinology and infertility for in-vitro fertilization attempts that fail to result in live birth. Doctors would not be held liable in these situations, unless there is evidence of willful actions or gross neglect against the doctor.

House Bill 2936 would establish certain standards for the advertising of dental services by licensed dentists to prohibit false or misleading information. Among other provisions, the standards would ensure that the dentist’s licensing is clearly communicated in the advertisement and require general dental practitioners to disclose that they practice general dentistry. Any licensed dentist in West Virginia failing to comply with the new provisions would be subject to disciplinary action.

House Bill 3018 would designate the Mountaineer Challenge Academy, which is operated in Preston County by the Adjutant General, as a special alternative education program for students who are at risk of not succeeding in conventional schooling. Under this legislation, the State Board of Education would enact rules applicable only to this Academy that would, among other provisions, set precedence for National Guard policies and procedures in the program; provide that students participating in the special alternative education program at the Academy would be at full enrollment status in the county; and, provide for consideration of General Education Development (GED) eligibility in special circumstances.

House Bill 3105 would create a special revenue fund for the operation of the Occupational Safety and Health Program within the Division of Labor. The Commissioner of Labor would make expenditures from the fund to obtain federal money for the management of this program under contract with the federal Department of Labor.

Completed Legislation

Senate Bill 153 relates to ethical standards of public officers and employees. The bill will modify confidentiality provisions in relation to complaints filed with the Ethics Commission. A provision that requires persons filing a complaint to not disclose any information regarding the complaint during an investigation by the Ethics Commission will be removed. The bill also will prohibit the submission of false information and provide penalties for providing such information.

Senate Bill 411 will extend the time given to the Tyler County Commission to submit for approval or rejection by the Tyler County voters an excess levy that will finance vital public services.

Senate Bill 413 will encourage competitive equality for state-chartered banking institutions with federally chartered institutions and other financial services providers in West Virginia. The process will be regulated by the West Virginia Commissioner of Banking.

Senate Bill 476 will allow hunters to use a red-colored artificial light when hunting coyotes. Current law allows for the usage of only amber-colored lights.

House Bill 2478 will remove provisions from current law mandating brewers of nonintoxicating beer to require distributors to submit certain balance sheets or financial records. Mandating these records are currently required for brewers to retain their franchise.

House Bill 2869 will allow a domestic corporation to convert to a domestic limited liability company. The corporation’s Board of Governors will be required to submit a plan for conversion to the company’s shareholders and adoption of such a plan will require approval from each shareholder.

House Bill 2510 will allow some public sector monies to be used to meet the requirements of the Workforce Development Initiative, a program that encourages working partnerships between educational institutions and the business community. This measure was drafted during the Interims and proposed by the Legislative Oversight Commission on Workforce Development for Economic Development.

Varied Demographics of Legislature Reflect Diverse Citizenry

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Wildlife Diversity Day
On Wildlife Diversity Day at the Capitol, lawmakers, employees, school children and visitors had the unique opportunity to learn about, observe and interact with some of the Mountain State’s most extraordinary native wildlife. Inhabiting the Rotunda for a day were eagles, hawks, owls, snakes, fish, insects and an opossum. Also, interactive educational displays were provided by various groups that work to manage and preserve West Virginia’s wildlife. (Photo: Shane Evans)

Representatives gather every January under the state’s Capitol dome in Charleston to take part in West Virginia’s democratic process; each individual earning his or her respective seat by a margin of victory through an election by the people. A glance at the members of the West Virginia Legislature returns no striking observation, but upon closer examination, that collective body is a reflection of the diverse citizenry it is sent to represent.

A vibrant picture of West Virginia’s residents is reflected through the analysis of the professions pursued by members of the Legislature. Being a legislator is more than attending legislative sessions and voting on proposed laws. State legislators spend large amounts of time assisting constituents, studying state issues during the interim and campaigning for elections, but West Virginia’s Legislature is considered a part-time citizen Legislature, since the members hold jobs outside politics throughout the year.

This type of citizen Legislature is traditionally found in more rural states with smaller populations, such as Vermont and Kansas. The legislators found most commonly in this year’s session are attorneys and businessmen and women. Eighteen members are retired, from such various fields as nursing, education, business ownership and broadcasting and 12 members are current educators. Three members claim farming as their business along with three bankers. There are members who are pharmacists, physicians, professional drivers and public relations specialists.

Most religions are represented through this Legislature as well. Forty members are Methodist, 26 Catholic, 14 Protestant and 13 are Presbyterian. There are members who are also Jewish, Mennonite, Wesleyan, Serbian Orthodox and members of the Church of Jesus Christ of Latter Day Saints.

A 2003 U.S. Census Bureau estimate of West Virginia’s population is 1,810,354. At 134 members, the Legislature represents a tiny faction, but is very representative through the convergence of each member’s individuality. Only 3.2 percent of West Virginia’s population in 2000 consisted of African American persons and 14.8 percent of West Virginians held a Bachelor’s Degree or higher; two members of the Legislature in 2005 are African American and 121 of the 134 members hold a Bachelor’s Degree or higher, by comparison. Of those members, 32 received that degree from an institution outside the state.

Membership in various organizations is also represented through the members of the WV Legislature, including 24 members of the National Rifle Association and 35 members who served in the U.S. Military. Eleven members are also Masons, and many members belong to the Lions Club, Moose Club, and Veterans of Foreign Wars.

Members of the Senate often get a start by serving in the House of Delegates first. Fourteen of the current 34 Senators were Delegates first, and an interest in politics could have been cultivated even earlier for the six members of the Legislature who had a parent or grandparent in the Legislature. Eighteen members were appointed to a position in the Legislature at some time and 25 of the current membership were born outside of West Virginia.

No population would be complete without interesting quirks and the Legislative members are no different. Some member belong to the Harley Owners Association, are former WVU Football stand outs, Herndon Interns, delegates to the Peoples Republic of China, Hunter’s Safety Class instructors, Civil Air Patrol members, Knights of Columbus, horse trainers, Amateur Radio Club members, volunteer fire fighters, lay preachers and sons and daughters of the American Revolution.

Each member relocates for 60 days out of the year to participate in the very public service of serving in the Legislature. Members leave homes, families, jobs and other lives; the true definition of a citizen legislature. Each individual’s experience and perspective is brought to the bargaining table as an ensemble which wholly represents the population who have elected these citizens to make the best decisions for the state.

In the Senate

As of 4 p.m. Wednesday March 16th, 2005, the 36th day of the Regular Session, 563 bills have been introduced in the Senate. Of those, three have been passed by the Senate since March 9th and sent to the House for its consideration. These were:

Senate Bill 222 would define business members for the purpose of the state’s Workforce Investment Board. The state’s Workforce Investment Board consists of 39 members who are appointed by the Governor with advice and consent from the Senate. Since the members must be representatives of business in the state, this bill clarifies who is considered to be a “business representative.”

Senate Bill 235 would allow the Commissioner overseeing the actions of West Virginia’s participation in the United States Department of Agriculture’s National Animal Identification System to propose rules to govern the collection of data. This bill also would exempt animal identification data from disclosure under the Freedom of Information Act.

Senate Bill 413 would allow the Commissioner of Banking to create an application and approval process for state-chartered banking institutions. The bill also would afford the opportunity for state-chartered banking institutions to become equally competitive with federally chartered institutions and other financial services providers operating in West Virginia.

A Sampling of Bills Introduced In The Senate

Senate Bill 505 would create the Indigent Defense Commission. This eight-member commission, would advise the executive director who has the power to reduce or reject vouchers and, with the consent of the commission, may remove certain board members of corporation for negligence.

Senate Bill 506 relates to the salaries of rehabilitation counselors. The bill would require rehabilitation counselors employed by the Division of Rehabilitative Services to be paid equal to public school counselors.

Senate Bill 510 would establish the Infection Control Act of 2005. This act would allow for the creation of the Infection Control Advisory Panel, which would promote a voluntary program to control and prevent infections in hospitals and other health facilities in the state.

Senate Bill 517 would waive the one-year residency requirement for filing a name change for certain individuals. The exemption would apply to people who have lived in this state longer than anywhere else, but who have moved to another state and have not yet established residency.

Senate Bill 521 would establish a study on flood insurance. The study would focus on the possibility of requiring flood insurance and /or general property insurance on all buildings owned by a county board as well as the contents of those buildings.

Senate Bill 523 would allow for certain children to be exempt from mandatory immunizations. This would apply to children whose parents do not want the immunization on the basis of moral or religious beliefs. The parents of the children would have to state their beliefs in an affidavit and complete an informed consent form provided by the Bureau of Public Health.

Senate Bill 527 would require insurance companies to provide information to people who were denied homeowners’ insurance. This would only be done upon the request of the applicant and with payment of a processing fee.

Senate Bill 532 would revise the West Virginia Public Employees Retirement Act. The addition would allow state employees who were unable to convert accumulated sick leave, due to illness, into credited service for retirement to have the option to purchase it back by having withholdings taken from future pay checks.

Senate Bill 534 would specify which items should not be delivered or possessed by individuals who are being held in a state jail, correctional facility or juvenile center. The bill also establishes criminal penalties for transporting certain items onto the grounds or aiding in an escape.

Senate Bill 539 would allow the Board of Dental Examiners to immediately suspend or revoke the license of a dentist if the board determines it should protect the public from an immediate danger.

Senate Bill 543 would give tax incentives to non-residential owners of managed timberland. The tax break would be granted to allow the general public to use the land for recreational purposes, such as hunting, fishing, hiking, and photography.

Senate Bill 547 would allow the Division of Motor Vehicles to create and sell sports’ compact license plates. The license plate can bear the logo or trademark of any sporting team or franchise for which the commissioner has obtained consent.

Senate Bill 552 would make it a misdemeanor to sell an unstable horse. An unstable horse is defined in the bill as any riding horse that is more than two years old that exhibits dangerous qualities, of which the seller is aware, such as kicking, biting or lunging.

Senate Bill 563 would protect consumers from financial losses due to the fraudulent activities of individuals selling vehicles. The bill would require a salesperson to receive a license from the Division of Motor Vehicles. The bill also adds authority for the Division to do a background check.

In the House

As of 4 p.m. March 16, 2005, the 36th day of the Regular Session, 1074 bills have been introduced in the House of Delegates. Of those, 11 have been passed by the House since March 9 and have been sent to the Senate for further consideration.

House Bill 2002 would create a system of bail bond forfeiture procedures. The bill would require an arrest warrant for any defendants receiving to bail and then failing to appear in court. The court would allow 90 days for the underwriter to produce the defendant.

House Bill 2078 would require the spaying or neutering of dogs or cats adopted from humane shelters or county animal shelters. Persons could only adopt animals if they have previously been spayed or neutered; if a veterinarian performed the procedure at the shelter; or, if the person signs a document promising to have the animal spayed or neutered within 30 days of adoption. Nothing in the bill would authorize an agency to spay or neuter a dog or cat if the dog or cat is claimed by and returned to its owner within five days of being captured.

House Bill 2150 would expand the locations where one could file a child abuse or neglect petition. Current law requires the complaint to be filed in the county where the child resides, but this bill would expand the sites to the county where the offender resides, or where the abuse or neglect occurred. However, a petition may not be filed in more than one county if it is based on the same set of facts.

House Bill 2227 would prescribe minimum standards for municipal judges by requiring them to continue their education by attending training sessions at least twice during their term. It also would require those applying for municipal judgeships to undergo a criminal background check conducted by the West Virginia State Police. If the applicant were guilty of committing a misdemeanor or a felony involving a crime reflecting bad character, or corruption, he or she would not be eligible to become a municipal judge.

House Bill 2271 would eliminate conflicting provisions found in the West Virginia Code concerning the award of expert fees in child neglect and abuse proceedings. The bill would strike the language that says the court of order shall provide for the payment of expert witnesses.

House Bill 2523 would make it a misdemeanor for a former inmate to contact any employees of the Department of Corrections without specific written consent. It also would require that inmates be informed of this law upon release. Any persons guilty of violating this law would be subject to a maximum fine of $500.

House Bill 2525 would remove a provision from the West Virginia Code that requires the State Board of Education to contract with an independent agency to evaluate the results of character education and report these results to the Legislative Oversight Commission on Education.

House Bill 2527 would authorize employees of multi-county vocational schools to administer performance tests for service personnel in the counties served by the school. Current law allows only employees of the county board of education to administer the tests.

House Bill 2813 would remove the requirement that a public utility must first obtain a certificate of public convenience and necessity from the Public Service Commission before it can apply for other necessary licenses and permits.

House Bill 2869 would allow corporations in this state to convert to limited liability companies. The corporation’s Board of Governors would lay out a plan of conversion and approval of the implementation would require an affirmative vote from each shareholder. If the measure were approved by shareholders, then the Secretary of State would issue a certificate of conversion.

A Sampling of Bills Introduced In The House

House Bill 2815 would expand the use of a child passenger restraint device or a booster seat from four to six years of age and from 40 pounds to 60 pounds.

House Bill 2816 would create the West Virginia Healthy Act of 2005. The bill would establish that soft drinks sold through vending machines would not be permitted in areas accessible to students in an elementary school or middle/junior high school. In addition, senior high schools offering soft drinks in vending machines must offer the same amount of healthy beverages. The bill also would require minimum amounts of physical activity for students in grades K through 12.

House Bill 2992 would include the participation in the operation of a clandestine drug lab involving destructive devices, explosive materials or incendiary devices as a crime of wanton endangerment.

House Bill 3040 would provide maximum time limits for one-way bus transportation for any new bus route created to transport students if their particular schools were closed or consolidated. The limitations could only be dismissed if a separate vote by a county board, the School Building Authority and the State Board of Education approved.

House Bill 3047 would add the use of any substance or object to produce methamphetamines as a misdemeanor in the West Virginia Code. It goes further to note if any person produces more than 10 pounds of methamphetamines in 24 hours, then he/she would be guilty of a felony and would be jailed for at least 26 years and fined anywhere from $100,000 to $1 million dollars. The bill also notes that if a person operates or attempts to operate a methamphetamine laboratory in the presence of a child under the age of 18, then he/she is also guilty of a felony. Offenders would not be eligible for parole until the minimum term was served.

House Bill 3049 would add a new section to the Code regarding reckless actions relative to starting a fire. Any person who creates carelessly and without provocation a substantial risk of death or serious bodily injury to another, is guilty of a felony. If convicted, the person will be sentenced from two to 10 years and fined up to $10,000.

Completed Legislation

Senate Bill 146 would establish the Unborn Victims of Violence Act. The bill would recognize an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person, and it would establish that the pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims. Exceptions to the bill include: acts committed during a medical abortion; acts or omissions by medical or health care personnel as a result of medical services; acts or omissions by medical or health care personnel in performing lawful procedures involving embryos that are not in a state of development in utero; acts involving the use of force in lawful defense of self or another, but not an embryo or fetus; and, acts or omissions of a pregnant woman in respect to the embryo or fetus she is carrying.

House Bill 2495 would repeal the section of the West Virginia Code regarding jail inspection. Currently the code states that at least once every year the circuit court of each county must appoint three persons including a physician, to inspect the jail. These individuals are to inspect the jails and report its condition. This bill will repeal this section.

Visitor Experience Forges Connection with State Government

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state capitol steps
“Public buildings, and especially the State Capitol, constitute the best evidences of the character of material, success and solidity, culture and civilization of the state…” – Cass Gilbert, Architect (Photo: John Tice)

Although the Capitol dome is undergoing a restoration for the next two years, West Virginia’s statehouse continues to serve as an incubator for inspiration. Housing the offices of the Governor, the Supreme Court of Appeals, the Constitutional Officers and the Legislature, the architectural wonder belongs to the citizens of West Virginia. As such, the road to the Capitol is never long.

During the year, visitors come from throughout the world, nation and state to photograph and experience the work of Cass Gilbert, the Capitol’s architect who is noted for his simplicity, just proportions, beauty and refinement.

Throughout the year, residents come to the Capitol to conduct business or to seek assistance in one form or the other. During the Legislative Session, people come to be heard.

Although letters and telephone calls are taken seriously during the Interim, the volume of a collective voice of like-minded people is amplified for 60 Days of the Regular Session during the first three or four months of each year.

As voters have become more politically aware in the past few years, more citizens come to the Capitol to participate in the democratic process. For a first time visitor, the trip can be daunting, yet always exhilarating…and maybe frustrating.

To further encourage citizen participation, a few tips on taking the road to Charleston may be helpful to interested parties.

First and foremost, plan an arrival date. Because some days are set aside for specific legislative actions, it may be difficult to contact a lawmaker. For instance, Mar. 21st is the last day for the Senate to introduce bills in the State Senate and Mar. 25th is the deadline for the House of Delegates. Members of both bodies will more than likely be holding day-long sessions to ensure bills they are sponsoring make it to the hopper. In addition, Mar. 27th is the last day for bills to move from committees and Mar. 30th is the last day for bills to be addressed in their house of origin. Again, long sessions are expected.

Also, let representatives know when you are planning to travel to the Capitol. This will allow them to set aside time or to let you know they may be carrying out their legislative responsibilities and time may not be an option.

Plan an agenda and know your bearings. An information packet may be downloaded from the Legislative Web site which details a Capitol map with legislative office locations. The identification of Senate and House district representatives can be made easier by obtaining a Directory of the 77th Legislature from the Public Information Office or by reviewing district maps on the legislative Web site. The information packet also provides locations of handicapped entrances and restroom facilities.

If observing a floor session is on the itinerary, a pattern has emerged in recent years whereas the membership may be required in their Chambers at 11 a.m. There is no set length of time for floor proceedings so full debate may be conducted. Committee meetings generally occur in the afternoon or in the late evenings.

Because of the volume of people coming to the Capitol during the Legislative Session parking is always an obstacle. While parking spots are readily available throughout the year, the amount of traffic arriving during session, too, is amplified. Sharing a ride takes on a whole new meaning during this deliberative time.

Free parking is available at Laidley Field, located West of the Capitol Complex and shuttle buses travel to and from the Capitol every 15 minutes. Many organizations charter buses while school children are brought by their familiar ride, the school bus.

The Capitol Cafeteria also sees its capacity stretched to its limit. Expect lines and plan accordingly. Some visitors take advantage of the time spent in Charleston to experience local restaurants while others grab a bite at nearby fast food establishments.

Oftentimes people ask what clothes are appropriate. Citizens have the luxury to come as they are within reason but coat racks are not available. It is recommended to lighten purses and wear comfortable walking shoes since marble flooring is not forgiving.

The Legislature is in its remaining 23 days of session as of March 17th. For those citizens who do not make it to Charleston in 2005, each is encouraged to visit during 2006.

The citizens of the State maintain the State Capitol. Voters select who will serve as their representative voices. With this authority, people are welcome to come home at any time, since the road is never long.