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Monday, March 08, 2010

Legislative Update – by – Delegate Brent Boggs - House Majority Leader - 03.08.10

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Coupled with the great weather of last weekend, I received a surprise on Saturday morning with Jessica, Paul and the grandsons flying in for a four-day visit.  After the hectic 50th day of last Wednesday and the rush of Senate bills arriving on the House doorstep Thursday and Friday, it was great to spend time with them for a couple days, including spring-like weather.

As we head into the final week of the 2010 Regular Session of the 79th West Virginia Legislature, it is important to look at where legislation stands.

As of Friday, March 5th, the House of Delegates has introduced 1,378 bills, of which 136 have been passed by the House and are now in the Senate for their consideration.  Meanwhile, the state Senate has introduced 701 bills this session, of which 181 have been passed and are being discussed by the House of Delegates.  Overall, 12 bills have completed legislative action with three of those bills having already been approved by the Governor.

I would like to briefly explain three of the bills the House of Delegates passed this week.

House Bill 4177 would provide five percent of coal severance tax to the county in which the coal originated. The money generated could be used by the county commissions for economic development, infrastructure, job creation and road repair.

House Bill 4207 would make it illegal to send obscene, anonymous, harassing and threatening communications by digital means. The first and second offenses would be misdemeanors and the third offense would be a felony. Upon conviction, the felony would be punishable by up to two years in prison and a $5,000 fine.

House Bill 4387 would establish the Flexible Leave Act. Under this act, employees would be able to use accumulated sick leave, annual or vacation time for their illnesses or for those of immediate family members, such as a spouse or children.  This would not cost employers any additional funds or additional time off by employees, since the time has already accumulated by the employee for future use.

Two of the many Senate bills I’ll be keeping an eye on this week include:

Senate Bill 219 , which would establish a Fleet Management Office within the Department of Administration. The bill would remove agency exemptions from the rules of the department relating to traveling. The department would also authorize emergency rules.  This bill arose from an issue discovered after an audit by the Legislative Auditor’s Office.

Senate Bill 518 would create a Governor’s Commission to Seize the Future of Energy for America. The commission would work with the President of the United States to research and create strategies in relation to utilizing the resources of West Virginia. The commission would be responsible for articulating West Virginia’s position on a solution for energy sources for the United States.

Senate Bill 394 would authorize the Division of Motor Vehicles to work with other agencies and insurance companies to enact technology for verification of and to identify uninsured vehicles.  Uninsured motorists drive up the cost of insurance for everyone.  This bill is designed to instantly identify uninsured motorist involved in accidents, traffic stops or by routine checks.

Senate Bill 215 – Creating the offense of assaulting volunteer firefighters and emergency service employees.

Look for a flood of activity in this, the final week of the regular session.  Now that the crossover 50th day has passed, the remaining week is make or break for legislation that is still alive in the legislative process.  The budget will be passed by both the House and Senate late this week and the budget conference committee will convene.  In addition, I’m keeping a close watch on Senate action on House Bill 4016 – strengthening the Ethics Act reporting and disclosure requirements.  This was the first bill passed by the House during the session and an important bill to provide transparency for possible conflicts of interest by spouses of elected officials on the state, county and local level.

The legislative process always generates waves of emotion.  As I’ve mentioned before, it’s rewarding when good legislation finally clears all the legislative hurdles and signed by the Governor.  The downside is the frustration of coming close on a good bill, but unforeseen glitches, problems and controversy derail the bill in either the House, Senate or with the Governor.

The final two weeks can easily cause heartburn and a lack of sleep for legislators, staff and those interested in various bills.  Because of the sheer number of bills introduced, a 60-day session does not lend itself to having sufficient time to take up all the bills that need and deserve consideration.  When individuals try to turn one or more important issues into a political football, it only hurts the chances for now and into the future to find consensus for passage.  Besides, if one house of the legislature expresses no interest in a particular bill and the Governor indicates likewise, time can be better spent on moving bills that have a greater chance of passage and being signed into law.

I have not heard otherwise, but at this writing, it appears that WV Public Broadcasting will not televise the final night of the session for the second consecutive year.  Since Speaker Thompson instituted policies aimed to eliminate the final night rush of important legislation, it appears that relatively a calm, orderly conclusion may be good for the legislative process, but not exciting enough for TV.

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.

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