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LEGISLATIVE UPDATE
Febraury 22, 2010

Monday marked the 41st day of the 2010 Regular Session of the West Virginia Legislature, which was the last day to introduce bills in both the House and Senate. However, this does not apply to originating or supplementary appropriation bills. With more than two-thirds of the 60-day session complete, a total of 2,067 bills have been introduced to date – 1,373 in the House and 694 in the Senate.

A total of 79 bills have passed their respective chambers – 42 bills have passed the House and have been sent to the Senate for consideration, while 37 bills have passed the Senate and have been sent to the House for consideration. These include a variety of Legislative Rules bills that have been filed throughout the year with the West Virginia Secretary of State’s office and require Legislative approval.

Several of the Senate Bills that have passed and have been sent to the Senate for consideration address different areas of the state tax code, including: Senate Bill 214, which would update certain terms in the Corporation Net Income Tax Act; Senate Bill 216, which would update terms in the Personal Income Tax Act; Senate Bill 401, which relates to ad valorem property taxes; and Senate Bill 461, which relates to the administration of sales and use tax in West Virginia.

A few examples of House Bills that have passed and have been sent to the Senate for consideration include: House Bill 2773, which would increase the monetary penalties for selling tobacco products to minors; House Bill 4176, which relates to credentialing of health care practitioners; and House Bill 4210, which would require the Public Employees Insurance Agency Finance Board to have a quorum of five members present at any public hearing.

To date, only two bills have completed legislation and have been sent to Governor Joe Manchin for consideration – only one more since the last Legislative Update at the conclusion of Day 20 of the 2010 Legislative Session. House Bill 4040, which would increase the flexibility in the school calendar by requiring county boards of educations to adopt contingency plans to guarantee one hundred eighty separate days of instruction for students, has been signed by the Governor. The second bill that is before the Governor for consideration is Senate Bill 391, which relates to eligibility of members of county boards of education.

There is still much to be debated and accomplished during the remaining days of the 2010 Session. Due to the need to cut costs and pass a balanced budget, proposed programs that would have a cost to state government are not likely to see much action. Nevertheless, partisan fights are beginning to emerge on some hot-button issues, which seem to have perceived added significance in this year’s off-year election. Observers will note considerable partisan volatility in the upcoming days, particularly in the House of Delegates.


LEGISLATIVE UPDATE
January 29, 2010

Today marked the 17th day of the 2010 Regular Session of the West Virginia Legislature. With almost a third of the 60-day session complete, a total of 1,360 bills have been introduced to date – 958 in the House and 402 in the Senate. These include a number of carryover bills that were introduced in the House last year, but failed to complete legislation.

One of the issues Governor Joe Manchin proposed in his State of the State Address on the first day of the Legislative Session has already completed legislation and is awaiting the Governor’s signature. House Bill 4040, which passed both chambers earlier this week, would increase the flexibility in the school calendar by requiring county boards of educations to adopt contingency plans to guarantee one hundred eighty separate days of instruction for students. The Governor has said he will sign the bill.

Governor Manchin also called for a one-year freeze on tuition increases for all of West Virginia’s higher education institutions, establishing a publicly-financed system for the 2012 State Supreme Court elections, creating a Fleet Management Office to regulate and hold agencies accountable for the state’s fleet of vehicles, as well as dedicate more funding to increase the State Police’s Crimes Against Children Unit staff.

A total of six bills have passed their respective chambers – all six have passed the House and have been sent to the Senate for consideration. This excludes the single bill that has already completed legislation.

House Bill 4016 would strengthen the West Virginia Ethics Act financial disclosure filing requirement for elected officials and their spouses. In addition, HB 4016 would require former public officials to refrain from registering as a lobbyist for a period of one year after the termination of his or her public service or public employment. This bill is now before the Senate for consideration and deliberation.

There is still much to be debated and accomplished during the remaining days of the 2010 Session. Due to the need to cut costs and pass a balanced budget, proposed programs that would have a cost to state government are not likely to see much action.


2010 REGULAR SESSION OF THE WEST VIRGINIA LEGISLATURE

The second Regular Session of the 79th Legislature convened on Wednesday, January 13, 2010 at noon to officially begin the 2010 Legislative Session. At 7 p.m., Governor Joe Manchin delivered his sixth State of the State Address.

Click here for the complete text of Governor Manchin's address.


2010 LEGISLATIVE CALENDAR ANNOUNCED

First Day

January 13, 2010

First day of session. (WV Const. Art. VI, §18)

Twentieth Day

February 1, 2010

Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

Forty-first Day

February 22, 2010

Last day to introduce bills in the Senate and the House. (Senate Rule 14), (House Rule 91a)*

Forty-seventh Day

February 28, 2010

Bills due out of committees in house of origin to ensure three full days for readings.

Fiftieth Day

March 3, 2010

Last day to consider bill on third reading in house of origin. (Joint Rule 5b)**
Sixtieth Day March 13, 2010 Adjournment at Midnight. (WV Const. Art. VI, §22)

*Does not apply to originating or supplementary appropriation bills. Does not apply to Senate resolutions or concurrent resolutions. Does not apply to House resolutions or concurrent resolutions.
**Does not include budget or supplementary appropriation bills

 

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