Legislative Update – by – Delegate Brent Boggs - House Majority Leader - 02.08.10

Sutton Cub Scouts
As I write this week’s column, I’m back at the Capital on Sunday evening.  Among the many guests that visited last week, I was honored to have Cub Scouts from Sutton on the floor of the House last Thursday to lead the Pledge of Allegiance and also for several of their members to serve as pages for the day.  Thanks to all that attended, including parents and scout leaders.  Also, my apology to one scout, Christian Given, who attended his name was inadvertently left off the introduction list.

School Calendar Bill is Now a Law
As of last Friday, February 5, a total of 1,590 bills have been introduced – 1,091 in the House and 499 in the Senate.  The House has passed 16 bills; the Senate has passed 3 bills. Both bodies have approved one bill, House Bill 4040 – the school calendar bill, requiring 180 days of instructional time – was signed into law by the Governor last week.

Children Abuse, Salvia Divinorum, Farm Use Exemption
Among the bill passed last week, House Bill 2612 would increase penalties for failing to report child abuse. The penalty would be up to 30 days of jail time, up to $1000 fine, or a combination of the two. A person having reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect must report the suspicion.

Another, House Bill 4018, would prohibit the production, manufacture and possession of salvia divinorum; a leafy herb being used as a hallucinogenic drug; HB 2561 – Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal We also are waiting for Senate action on the major ethics reform bill (HB 4016) which passed the House earlier in the session.

Regular Session Target Dates
The Legislature is less than a week away from the midpoint of the 2010 Regular Session.  We are working diligently in committees to meet several internal deadlines imposed by the Legislature.

February 22 - last day for members to introduce legislation for consideration.
February 28 – bills are due out of committee in house of origin to ensure the required three separate readings.
March 3 – last day to consider bills on third reading in the house of origin.
March 13 – 60th Day

How It Works
Finally, One day last week, a member of the House addressed the membership and announced that he would be attempting to suspend the rules if he did not his bills out of committee and brought to the House for a vote.  While this member is obviously frustrated with his legislation not being considered in a time frame of his liking, it is virtually impossible for all bills introduced to be worked in committee and sent to the floor for a vote.  The only possible way to accommodate every bill each year would require a dramatic increase the length of the 60 day legislative session.  This is not allowed by the WV Constitution and not practical for taxpayers in terms of cost.

Every legislator experiences frustrations with legislation they either sponsor or support, including this legislator.  No doubt, there will be numerous attempts to circumvent the committee process to bring several bills to the full House without going through committees and his comments will likely add to the number.

Whether you are a sponsor of a bill; or in favor of or opposed to a particular bill, abandoning the committee process is not a good way to proceed and one that I cannot support regardless of the issue.

I have consistently held for my legislative tenure that no matter which side you find yourself on an issue, once you start down the path of bypassing committees, there will be no drawing the line as to what issue, group or initiative will be given special consideration and what is to be excluded from such treatment.

It is human nature to want to get our own way, and as a bill sponsor, I’d certainly like to get my way on all the many economic development, education and health-related bills I’ve sponsored.  I also care about the pro-marriage amendment, pro-life legislation and other issues of concern, but on all bills, I support passage of them through the committee process.

As I’ve said many times, sometimes you have to lose a battle or two along the way to ultimately win the final victory.  On the constitutional amendment on marriage, we already have a 2001 law that defines marriage as between a man and woman that has withstood a state Supreme Court challenge.  We also have an elected WV Supreme Court, which is not the case in states where state laws on marriage have been overturned.  If the resolution does not pass this year, ample time exists to run a bill when and if a court challenge would ever emerge.

At times it may appear the easy way out is to grandstand by trying to change the rules.  If a challenge does emerge to change the rules on how bills are considered, I will oppose it, regardless of my personal position on a bill, resolution or issue.  Or even if I’m a sponsor.

Attempting to change the rules late in the game may be an attractive option today, but it can cost everyone dearly in the long run.  I’ll stick to my values, principles and beliefs with the perseverance to see these issues to a successful conclusion.  Short term gain should never trump abiding by the rules, despite the outcome.

How to Contact
Now that the session has arrived, please send address your inquiries to the Capitol Office at: Building 1, Room 226-M, Charleston, WV 25305.  Or, call the Capitol office at 304.340.3220 or my Assistant to the Majority Leader, Mr. Tom Bennett at 304.340.3262 or fax to ,b>304.340.3213.  If you have an interest in any particular bill or issue, please let me know.

For those with Internet access, my e-mail address is “Boggs34@aol.com”. You also may obtain additional legislative information, including the copies of bills, conference reports, daily summaries, interim highlights, and other information from the Legislature’s web site at http://www.legis.state.wv.us/.  If you write or leave a message, please remember to include your phone number with your inquiry and any details you can provide.  Additional information, including agency links and state government phone directory may be found at www.wv.gov and on the Facebook site of the West Virginia Legislature.

Conclusion
Remember to thank a veteran for their service to our nation and continue to remember our troops - at home and abroad - and keep them and their families in your thoughts and prayers.  Until next week – take care.