In the Senate
As of 4 p.m. Wednesday, March 9th, 2005, the 29th day of the 2005 Regular Session, 500 bills have been introduced in the Senate. Of those, 12 have been passed by the Senate since March 3rd and sent to the House for its consideration. Some include:
Senate Bill 19 would eliminate the currently dormant Advisory Board for the Secretary of the Department of Health and Human Resources and add the Office of Inspector General. The Inspector General would report directly to the Secretary. Neither the Secretary nor any employee of the Department would be able to prevent, inhibit or prohibit the Inspector General or his/her employees from initiating, carrying out or completing any investigation, quality control review or other oversight of public integrity.
Senate Bill 78 would expand the Route 2 and Interstate 68 Authority to include 26 members, adding Cabell, Mason and Jackson Counties to the authority. Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia counties are already covered. The Authority was established to promote economic development and tourism along West Virginia Route 2 between Huntington, Parkersburg and Chester and also Interstate 68 between Moundsville and Morgantown.
Senate Bill 101 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. If the request is approved, then the county commission or municipality making the request would be responsible for costs incurred by the Division of Highways.
Senate Bill 107 would remove criminal penalties for a person whose dog, without the person’s direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird. The person retrieving the dog would not be permitted to take game from the land, kill domestic animals or fowl or cause other damage to the land.
Senate Bill 152 would allow county commissions to designate one day, which is not currently a legal holiday, as a legal holiday. The chosen day would be substituted for one of the regularly scheduled legal holidays, but the same day would not be permitted to be substituted two years in a row. The current legal holidays are New Year’s Day, Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day and any day on which a general, primary or special election is held.
Senate Bill 226 would require child protective service workers, adult protective service workers, law-enforcement officers and humane officers to share information and coordinate efforts for suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults, suspected animal cruelty or inhumane treatment. The bill would outline specifications for the cross-referencing of abuse claims because of the belief that a person who abuses animals has a propensity to abuse humans.
Senate Bill 268 would change current state law to conform to federal requirements by providing that possession of beer and liquor by a person under the age of 18 would be considered a status offense instead of a misdemeanor. Status offenses are considered crimes that only a juvenile could commit, such as truancy or underage possession of alcohol. Any person under 18 who purchases, consumes, sells, possesses or serves beer would be guilty of a status offense and upon conviction, would be referred to the Department of Health and Human Resources for services, instead of the current jail time and monetary penalties.
Senate Bill 280 would remove payment of registration fees of a licensing board or commission of the state. State licensing or registration requirements would be suspended during a period of absence for active duty for any member of the Armed Services of the United States or the National Guard, or other reserve component of the Armed Forces until 60 days after the member’s return from active duty.
Senate Bill 411 would allow the Tyler County commission to meet as a levying body for the purpose of presenting an election to the voters of the county. The election would be on the question of authorizing an excess levy for vital public services in Tyler County between March 27 and 28 until the second Monday of April 2005.
A Sampling of Bills Introduced In the Senate
Senate Bill 465 would establish the Food Tax Relief Act, eliminating the consumer sales tax on food and food products sold in grocery stores over a three-year period. On and after January 1, 2006, the food tax would be reduced from six percent to four percent and after January 1, 2007, the tax would then be reduced to two percent.
Senate Bill 470 would prohibit the use of handheld cellular telephones while driving and provide a penalty for violations. A person would be fined for a violation, but no points would be assessed against his/her driver’s license. Any person violating the provisions would be guilty of a misdemeanor and upon conviction would be fined up to $100. If there is a second conviction within one year, the fine would be up to $200; and, upon a third or subsequent conviction, the fine would be no more than $500.
Senate Bill 477 would require a paper copy of a voter’s votes when using an electronic voting system; provide that the paper copy could only be used for a random count of precincts or if an election is contested; and, to provide that the Secretary of State may enforce rules. This bill would look to ensure voter confidence in the electronic voting system.
Senate Bill 482 would allow a member of the West Virginia National Guard who is receiving payments for tuition and fees and is discharged from the military service due to wounds or injuries received in the line of duty, to continue to receive payments as if he/she were still a member of the West Virginia National Guard.
Senate Bill 484 would lower the normal retirement age for State Police officers; specify starting date of annuity; eliminate any reduction in the benefit of a State Police officer who is disabled on the job; define month of service and years of service; and, specify the starting date of retirement payments. Members would be able to retire with full benefits upon either attaining age 50 and completing 25 or more years of service or attaining the age of 52 and completing 20 or more years of service. A member who is less than age 50 would be able to retire upon completing 25 or more years of service.
In the House
As of 4 p.m. Wednesday March 9th, 2005, the 29th day of the Regular Session, 958 bills have been introduced in the House of Delegates. Of those, 26 have passed since March 3rd and have been sent to the Senate for its consideration. Some of these were:
House Bill 2174 would require the Department of Health and Human Resources to develop a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report by January 1, 2006.
House Bill 2189 would authorize West Virginia law enforcement officials to deputize out-of-state police officers. The out-of-state law enforcement agency would be able to enter into a multi-jurisdictional task force agreement, but would first have to permit the West Virginia agency to deputize its officers. The out-of-state officers’ duties would be limited to those of the multi-jurisdictional task force. Also, the head of the West Virginia law-enforcement agency would have to notify the Governor’s Committee on Law Enforcement Training that out-of-state officers have been deputized.
House Bill 2244 would make the state’s criminal and penalty laws which apply to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law. This measure is intended to avoid federal sanctions that could be imposed on the state resulting in the loss of federal-aid highway construction funds.
House Bill 2350 would make a technical correction to the West Virginia Code dealing with the awarding of teaching certificates in West Virginia. The bill would add to existing requirements for receiving a teaching certificate in West Virginia that candidates must possess the minimum of a bachelor’s degree or hold a certificate of eligibility issued by another state that certifies that he or she meets all of the requirements of the state for full certification.
House Bill 2368 would increase the fee for vaccinating cats and dogs for rabies from $4 to $8. The increase would only apply to animal clinics established by a county commission, such as those at a town hall or community center. In all other situations, the veterinarian would set a reasonable fee at his or her own discretion.
House Bill 2450 would allow a mother to breast feed her child in any private or public location.
House Bill 2456 would ratify the National Crime Prevention and Privacy Compact to streamline the transfer of criminal history records for non-criminal purposes between states that also ratify the compact. The Superintendent of the West Virginia State Police would execute, administer and implement the compact on behalf of the state and may adopt necessary rules, regulations and procedures for the national exchange of criminal history records for noncriminal records purposes.
House Bill 2466 would eliminate provisions of the West Virginia Code that created unlawful classifications based on race for county boards of education, and it would update obsolete provisions noting Bluefield State College would be under the authority of the Higher Education Policy Commission.
House Bill 2471 would establish a financial responsibility program for inmates by requiring wardens to deduct a portion of inmates’ earnings for the purpose of paying child support and legitimate court-ordered financial obligations. The Division of Corrections would work with inmates to determine a financial plan.
House Bill 2476 would revise the parole law to keep certain persons who have been released on parole three times and had their parole revoked from being eligible for further release on parole. It also would authorize the Parole Board to hire hearing examiners and authorize the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of a parolee’s parole.
House Bill 2478 would remove the prohibition against beer brewers requiring distributors to submit profit and loss statements, balance sheets or financial records as a requirement to retain its franchise.
House Bill 2497 would provide that a truck with four axles in combination with a trailer with two axles is limited to a max gross weight of 80,000 pounds with a tolerance of 10 percent. If the truck were to operate within the tolerance range, then it would be considered to be operating at the gross weight for which it is registered and the registered weight would include the 10 percent tolerance.
House Bill 2510 would allow public money to be used to fulfill the matching requirements of the Workforce Development Initiative grant application process beginning in Fiscal Year 2006. The public partner providing the money, however, could not be eligible for a Workforce Development Initiative grant unless the amount of funding provided by the Legislature that year exceeds $650,000. In that case, only half of the amount could be qualified to an eligible applicant.
House Bill 2607 would expand screenings required for newborns by adding sickle cell anemia and adrenal hyperplasia.
House Bill 2663 would modify and update laws relating to digging, growing, harvesting and selling Ginseng. The bill would shorten the digging season to run from Sept. 1st to Nov. 13th. The bill also would require that seeds be planted after a root is dug and that all roots be at least five years old before being harvested. In addition, the bill also would establish a penalty of $500 to $1,000 for violating any sections of the provision.
House Bill 2764 would allow the Board of Medicine to re-issue a license to a physician convicted of certain drug related offenses. Once a physician who has had his or her license revoked due to a drug related felony conviction applies for a new licence, the Board would be able to issue a new license if it determines the physician is, except for the underlying conviction, qualified to practice medicine. A license could not be issued until the physician has completed any sentence of confinement, parole, probation or other court-ordered supervision and until any fines, judgments, or other fees imposed by the sentencing court are fulfilled. The Board also would be able to place upon a licensed physician whatever terms, conditions or limitations it finds appropriate.
Completed Legislation
As of 4 p.m. on March 9th, 2005, five bills have been passed by both the House and Senate and sent to the Governor for his approval. Of those, the following two measures have completed legislative action since March 2nd:
House Bill 2483 repeals an archaic section of the State Code (§28-5-26) that authorized wardens to offer monetary rewards for the apprehension and return of escaped convicts.
Senate Bill 269 supplements and amends existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways Fund for the fiscal year ending on June 30, 2005.
Media Coverage Essential in Delivering Government to Citizens
Reporting the actions of the West Virginia House of Delegates and the State Senate is a crucial part of the legislative process. Getting information across the ridges and through the valleys of West Virginia’s geographic hurdles is essential to the public interest. As such, media representatives throughout the state join forces with the Capitol press corps in Charleston to ensure full disclosure in line with democracy’s ideals of a checks and balances system.
Legislators use a variety of sources for disseminating information during a Session, while the public has options in selecting its news programs.
There are approximately 330 media outlets available to the citizens of West Virginia including newspapers, radio and television stations, as well as college publications. Many of these news entities take advantage of Associated Press (AP) services to strengthen their hometowns’ connections to legislative issues.
The Associated Press is the largest and oldest news organization in the world. News outlets that cannot send their own staff to the Capitol use materials provided by the Associated Press, which maintains staff in the Capitol press room.
Papers from the more populous areas of the state also send their political beat reporters to cover issues relevant to local concerns, as well as matters affecting the state in its entirety.
In addition to the print media, broadcasters for both television and radio stations and networks find a place in the House and Senate Chambers during floor sessions.
Unlike other states throughout the nation, the West Virginia Legislature provides floor privileges for members of the media. In the House, members of the media are located at a table in front of the Clerk’s desk. In the Senate, seats are reserved in the rear of the Chamber. Television cameras may be situated on the floors or in the galleries; however, legislative approval may be required because of space limitations.
Public television broadcasts throughout each week during the 60-day session, while a radio news broadcasting agency transmits weekly news and talk shows. Their proximity to lawmakers and other government officials and state leaders associated with the legislative process facilitates West Virginia’s representative democracy by bringing the news into citizens’ cars, offices and living rooms.
“Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.” – Thomas Jefferson
News gathering is not restricted to the Chambers, but is permitted and encouraged to occur in committee meeting rooms and offices throughout the Capitol. Microphones and memo pads are as prevalent with the press corps as are the cell phones and briefcases carried by lawmakers and lobbyists.
Throughout the Statehouse, legislators and the media meet at a crossroads to communicate key ideas of legislation which are being produced, introduced or passed by lawmakers. Their collaboration succeeds in sustaining the open forum that not only conveys legislators’ messages to citizens, but also encourages the public to use its voice.
In the Senate
As of 4 p.m. Wednesday, March 2, 2005, the 22nd day of the 2005 Regular Session, 434 bills have been introduced in the Senate. Of those, 19 have been passed by the Senate since Feb. 24th and have been sent to the House for its consideration.
Senate Bill 49 would repeal a section of West Virginia Code that requires the circuit court of each county to appoint three persons to inspect a county jail on a yearly basis. The bill would remove this provision because it is no longer effective with the creation of the Regional Jail System.
Senate Bill 63 would require legislative approval by passage of a concurrent resolution for giving any road, highway or bridge a memorial designation. The bill states that the Commissioner of the West Virginia Division of Highways does not have the authority to make such changes without legislative approval.
Senate Bill 94 would allow school activities for students, faculty senate meetings and other professional activities for teachers to occur in any order. The bill would further provide additional flexibility for instructional support and enhancement days.
Senate Bill 104 would repeal a section of the West Virginia Code relating to working prisoners by county commissioners, since prisons are no longer located in every county.
Senate Bill 154 would require promulgation of emergency and legislative rules designed to allow persons to beneficially use water treatment plant sludge.
Senate Bill 162 would modify the time period the Economic Development Authority has to allocate the tax credits available under the Capital Company Act. The legislation would allow the Authority to allocate tax credits for economic development and technology centers at any time during a fiscal year, not just during the first 90 days.
Senate Bill 183 would authorize the warden of a correctional facility to allow an inmate to withdraw money from a mandatory savings account that contains 10 percent of all money earned during incarceration. This withdrawal would prepare the inmate for reentry into society.
Senate Bill 184 would repeal an outdated section of the Code that allows wardens to offer rewards up to $500 for the apprehension and redelivery of escaped convicts. The bill was recommended for introduction and passage by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.
Senate Bill 198 would establish specialized fire safety standards for Bed and Breakfast Establishments (B&Bs). No smoking would be allowed in the B&Bs. Also, the facilities would be required to have smoke alarms in all common areas, guest areas and hallways and to have primary and secondary means of departure.
Senate Bill 229 would provide regulatory relief to banks and credit unions by repealing or amending certain reporting requirements since most of the information is available from federal banking agencies. Banks would no longer have to submit to the State Commissioner of Banking an annual report specifying the location of each office and the amount of loans outstanding in each office for its main office and each branch in the state. Banks would only have to report the amount of deposits and shares held by each office in the state.
Senate Bill 238 would require those in the business of purchasing scrap metal to make record of steel purchases. The entities already have to report the purchase of many other metals.
Senate Bill 248 would temporarily void the requirement that technology expenditures be made in accordance with the Education Technology Strategic Plan. The requirement would be void if the Governor failed to appoint members to the Education Technology Strategic Plan Advisory Committee.
Senate Bill 269 would supplement, amend, reduce and increase existing items in the State Road Fund for the designated spending unit for expenditure during the fiscal year ending June 30, 2005.
Senate Bill 281 would continue the Emergency Medical Services Advisory Council until July 1, 2008. It was created in 1974 to develop, with the Commissioner of the Bureau of Public Health, standards for emergency medical service personnel and to provide advice to the Office of Emergency Medical Services and the Commissioner.
Senate Bill 282 would continue the School Building Authority (SBA) until July 1, 2007. The SBA was created in 1989 to facilitate and provide state funds for the construction and maintenance of school facilities to meet the educational needs of the people of West Virginia.
Senate Bill 283 would continue the Health Care Authority (HCA) until July 1, 2008. The HCA was created in 1983 with the responsibility of collecting information on health care costs, developing a system of cost control and ensuring accessibility to appropriate acute care services.
Senate Bill 284 would continue the Office of the Insurance Commissioner until July 1, 2007. The office was created in 1947 to provide an environment that leads to an affordable and available insurance market by administering and enforcing the Insurance Code of West Virginia.
Senate Bill 285 would continue the Division of Culture and History until July 1, 2007. The division was created in 1977 to help identify and present the ideas, arts and artifacts of West Virginia Heritage.
Senate Bill 286 would continue Public Defender Services until July 1, 2008. The service was established to fund all indigent defense for West Virginia.
In the House
As of 4 p.m. Wednesday March 2, 2005, the 22nd day of the Regular Session, 847 bills have been introduced in the House of Delegates. Of those, 12 have passed since February 24th and have been sent to the Senate for its consideration.
House Bill 2106 would allow the Bureau for Child Support Enforcement to withhold a portion of a worker’s compensation check. This would occur in situations such as when an individual is receiving compensation and owes unpaid child support. The Bureau for Child Support Enforcement would have specified amounts withheld otherwise payable to the recipient of support owed.
House Bill 2176 would expand the offense of intimidating a judge or magistrate to include harassment beyond the courtroom. This bill also would apply to times when the judge or magistrate are off duty and provide that the offender must have knowledge that the individual is a judge or magistrate. A person found guilty under this offense would be guilty of a misdemeanor and confined in jail for not more than one year and/or fined not more than $1,000.
House Bill 2186 would restrict the process of the involuntary commitment of addicted persons who are likely to cause serious harm to themselves or others. This bill would place restrictions on such involuntary commitments. Under this bill, a probable cause hearing may occur in the county where a person is hospitalized and video conferencing may be used for the hearing. The individual would only be involuntarily hospitalized until detoxification is accomplished.
House Bill 2329 would allow a judge to require a defendant to contribute monetarily, or through hours of service, to a local crime victim’s assistance program or juvenile mediation program which meets the following requirements: the program is approved by a circuit judge presiding in the judicial circuit; and, the program is a nonprofit organization certified as a corporation in this state and is governed by a board of directors. The contribution could be used as the sole source of punishment or a supplemental punishment.
House Bill 2477 brings provisions of the Code relating to personal property exemptions into conformity.
House Bill 2517 would specify safety requirements for transporting compressed gas on state highways. These requirements would include equipping the cylinder with securely attached metal caps of sufficient strength to protect valves from damage during transportation and constructing the cylinder so the valve is recessed into the cylinder. These requirements would not apply to propane gas used for household purposes.
House Bill 2593 would amend a portion of the West Virginia Code relating to land use planning; make technical corrections by repealing superceded sections; and, remove the requirement of Board of Zoning Appeals to pay attorneys’ fees on certain appeals.
House Bill 2623 would continue the Public Land Corporation until July 1, 2009. This Corporation was created to preserve, protect and enhance the State’s title to its recreation lands for today’s citizens, visitor users and future generations.
House Bill 2592 relates to the Design-Build Procurement Act. This bill would provide for reimbursement of expenses for the members of the Design-Build Board. The bill also modifies the duties and responsibilities of the Design-Build Board and provides for its continuation.
House Bill 2634 would provide for technical amendments in the West Virginia Code concerning the West Virginia Commission for the Deaf and Hard of Hearing. These changes would include deleting the requirement that the Commission must maintain a registry and census of persons who are deaf or hard of hearing and removing the hyphens in the name of the West Virginia Commission for the Deaf and Hard of Hearing.
House Bill 2666 would continue the Department of Health and Human Resources until July 1, 2006. The Department of Health and Human Resources is intended to help shape the environments within which people and communities can be safe and healthy.
House Bill 2667 would continue the West Virginia Commission for the Deaf and Hard of Hearing until July 1, 2009. Its mission is to advocate for, develop and coordinate public policies, and create regulations and programs to assure full and equal opportunity for persons who are deaf and hard of hearing in West Virginia.
A Sampling of Bills Introduced In the House
House Bill 2641 would allow for the election of justices of the Supreme Court of Appeals on a nonpartisan basis. The official ballots would not list any party affiliated with any justice who is running for the position of justice of the Supreme Court of Appeals.
House Bill 2649 would require basic training in Alzheimer’s and dementia in certain health care facilities. Training would be conducted under the supervision of a licensed operator and would include a basic understanding of Alzheimer’s disease and related dementia.
House Bill 2658 would require police agencies that hire graduate recruits within three years of the date they graduated from the State Police Academy to pay a share of cost of the training to the sponsoring police agency that funded the training.
House Bill 2663 would update the law relating to the digging, growing, harvesting and sale of Ginseng. Under this bill, a person digging, collecting, or gathering wild Ginseng on another person’s property must first obtain written permission from the land owner.
House Bill 2774 would establish multiple pilot programs, such as the Court Referral Officer Program, which would promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeated substance abuse offenders.
House Bill 2833 would create the Better Sight for Better Learning Act. This act would provide for a state program that would issue a professional eye exam for each child in West Virginia prior to enrollment in grade school. The exam would be performed by a licensed optometrist or ophthalmologist.
House Bill 2842 would establish a program that would distribute cellular telephones to seniors and low income families, among others. These cellular phones would be used for emergencies only. The Commissioner of the Bureau of Public Health would establish a program for collecting used cellular telephones from retailers, wholesalers, individuals or any other source for reprogramming.
Completed Legislation
As of 4 p.m. March 3, 2005, one bill has passed both the House and the Senate and has been sent to the Governor for his approval. Senate Bill 261 provides a mechanism for a special election to be held June 25, 2005 for state voters to ratify or reject the Legislature’s proposed “Pension Bond Amendment” to the State Constitution.
The amendment, adopted during the Jan. 2005 Special Session, proposes to permit additional general obligation bonds to be issued and not to exceed $5.5 billion to help pay down the State Teachers Retirement System, the Judges’ Retirement System and the Public Safety Death, Disability and Retirement System the State has already been paying.