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Budget Conference Committee Announced

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The House and Senate convened today to announce the time for the Budget Conference Committee, discussing Senate Bill 306.

The following committees will meet today:

  • Budget Conference Committee at 10:30 a.m. in 451M

The following committees will meet tomorrow:

  • Budget Conference Committee at 12 p.m. in 451M

The Senate is adjourned until 11 a.m. tomorrow.

The House is adjourned until 3 p.m. tomorrow.

Legislature Convenes for Budget Session

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The House of Delegates and the Senate convened today to begin the budget session.

The House met to determine a quorum. Delegates Boggs, Reynolds, Williams, Perdue, Anderson, A. Evans, and Canterbury were appointed to the Conference Committee for the budget bill, Senate Bill 306.

The Senate appointed Senators Prezioso, Unger, Plymale, Stollings, Facemire, M. Hall, and Sypolt.

The House is adjourned until 9 a.m.

The Senate is adjourned 9:30 a.m.

Legislature Adjourns 2014 Regular Session

The Legislature adjourned the 2nd session of the 81st Legislature at midnight. 

Both chambers went till 12 a.m., passing legislation during the final, 60th-day, floor session. Out of the 1,876 bills introduced, 198 bills  (104 House Bills and 94 Senate Bills) completed legislation this session.

 

Some major pieces of legislation passed, and now head to the Governor’s desk:

The Senate is adjourned until Monday at 6 p.m. 

The House is adjourned until Monday at 5:30 p.m. 

Budget Conference Committee will meet on Monday, at 4 p.m. in room 451M.

House Budget Conferees are Delegates Boggs, Reynolds, Williams, Perdue, Anderson, Allen Evans, and Canterbury

 

 

 

House Convenes for Last Day of Session

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The House covened today for the last day of the regular session to pass 45 bills, 11 of which have completed legislative action. Senate amendments on 15 bills were concurred.

Senate Bill 6 was among the bills passed, which would regulate the sale of drug products used in the manufacturing of methamphetamine. The bill would lower the amount of these drugs one can get over-the-counter per year and would allow counties to vote on whether or not a prescription would be required.

The budget bill, Senate Bill 306, was amended to include aspects of House Bill 4015 and passed. Senate Bill 419 was passed as well, which would create the Overdose Prevention Act. This would create immunity from citation, arrest or prosecution for a person who seeks medical treatment for someone who has suffered from a drug or alcohol overdose.

The House did not concur with the Senate amendments on: House Bill 4298, changing the experience requirements of the composition of the members of the West Virginia Ethics Commission; House Bill 4283, raising the minimum wage; House Bill 4208, banning synthetic hallucinogens; and House Bill 4411, allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities.

The following committees will meet today:

The House is in recess until 6:05 p.m. today.


UPDATE: The House reconvened this evening to pass an additional six bills, including Senate Bill 461. This bill would create the Future Fund, in which 25 percent of the annual revenue in excess of $175 million from the severance tax on oil and natural gas would be despoited beginning July 1, 2014. No money from this fund could be expended or appropriated until the fiscal year of 2020.

Senate Bill 12 was passed, which would permit healthcare providers to expedite care for partners of patients with sexually transmitted diseases without physically examining the partner. This would allow for the prescribing, dispensing, furnishing or providing of prescription antibiotics. Senate Bill 204, relating to crime victims compensation awards, was passed as well.

The House rejected two Senate Joint Resolutions. Senate Joint Resolution 12, which proposed the Protecting and Conserving West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment, was rejected. The House also rejected Senate Joint Resolution 14, which proposed the Future Fund Amendment.

The following committees will meet today:

  • Conference Committee on House Bill 4411 at 8:30 p.m. in the Senate Conference Room

The House has recessed for ten minutes.

 

Senate Meets for the Last Day of Session

On the 60th and last day of the session, the Senate read 29 bills a third time and referred three to the foot of bills on third reading. Of the bills read, six have completed legislation and the remaining 23 now move to the House for approval. House Bill 4184 was amended and passed, which creates the West Virginia Tourism Development Act. Another bill that passed is House Bill 4335, which relates to a child’s right to nurse. Additionally, House Bill 4588, which prohibits abortions after 20 weeks in order to protect an unborn child, was passed in the Senate. 

The Senate received messages from the House and concurred and passed 14 bills, two of which will return to the House for approval. One of which was Senate Bill 373, the water resources protection bill, was passed and now moves back to the House for approval. The Senate concurred and passed Senate Bill 376, which would require certain construction workers complete the OSHA safety program.  

The Senate is in recess until 5:30 


Update

The Senate reconvened this evening to receive conference committee reports for “>House Bill 4208, House Bill 4236 and House Bill 4619. The Senate also refused to concur to House amended Senate Bill 6, Senate Bill 306 and Senate Bill 345

The Senate is in recess until 7:15 


The Senate reconvened this evening and amended House amended Senate Bill 344, relating to supplemental appropriations, and Senate Bill 623, relating to substance abuse screening of mine personnel. Both bills now move back to the House for the body to concur and pass. The Senate refused to concur and pass House amended Senate Bill 419, the Overdose Prevention Act. 

Senate Bill 6, the psuedoephedrine bill, and House Bill 4208, banning synthetic hallucinagens, both were assigned conference committees. Additionally, The Senate refused to receive House Bill 4286, the Captive Cervid Farming Act, and requested a conference committee.  

The Senate is in recess until 8:15


 

The Senate received conference committee reports for House Bill 4298, which relates to the West Virginia Ethics Comission, and Senate Bill 6, the psuedoephedrine bill. The Senate received messages from the House and completed legislation on 10 bills. One of the bills that completed is Senate Bill 253, which clarifies code for the Community-Based Demonstration Pilot Program to Improve Outcomes for At-Risk Youth.  

The Senate is in recess until 10 p.m.   

 

House Completes Legislative Action on Benefit Corporation Act

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The House convened today to pass 24 bills, nine of which completed legislative action, including Senate Bill 202. This bill would create the Benefit Corporation Act, which would allow for the creation of a corporate entity that would allow a business to consider societal and environmental purposes in addition to profit.

Senate Bill 3 completed legislative action as well, which would create the Uniform Real Property Transfer on Death Act. This act would allow the owner of real property to pass the property to a beneficiary upon death without probate. Senate Bill 357 would provide the Logging Sediment Control Act’s civil and criminal penalties.

Other bills that with be sent back to the Senate for the concurrence of amendments include Senate Bill 434. This bill would eliminate the revocation period for DUI offenders if they are eligible for the Alcohol Test and Lock Program, apply prior to the date of revocation, agree to use the Test and Lock Device for the required length of time, and waive the right to an administrative hearing. Senate Bill 477 passed as well, which would provide that the use of a planning period can be determined by the teacher.

The following committees will meet today:

  • House Education immediately following the floor session in 434M
  • House Health and Human Resources immediately following the floor session in 215E-A

The House is in recess until 4:30 p.m. today.


UPDATE: The House reconvened this evening to read 47 bills a second time.

Senate Bill 6 was among those read, which would regulate the sale of drugs used in the manufacturing of methamphetamine. The bill was amended and no longer requires a prescription to receive these drugs, but instead lowers the amount one can get over the counter.

The Senate’s budget bill, Senate Bill 306, was on second reading as well. Senate Bill 317 would create a uniform regulation of firearms, ammunition and firearm accessories throughout West Virginia rather than determined by counties or municipalities. Senate Bill 391 would give a $1,000 across-the-board raise for teachers, a two percent raise and an increase in the equity supplement of $12 per month for school service personnel.

Senate Bill 461 would create the West Virginia Future Fund. Under this, 25 percent of the annual revenue in excess of $175 million from the severance tax on oil and natural gas would be deposited into the fund beginning July 1, 2014. The fund would be invested by the Investment Management Board and could not be expended or appropriated until the fiscal year 2020.

The House is adjourned until 10 a.m. tomorrow.

 

Minimum Wage Bill Passes in Senate

The Senate passed 36 bills on third reading and amended and adopted House Joint Resolution 108, the Nonprofit Youth Organization Tax Exemption Support Amendment. One of the bills is House Bill 4005, which increases criminal offenses for child neglect. House Bill 4006, also passed, defines crimes and increases penalties for the possession and distribution of child pornography. Another bill is House Bill 4283,  which would raise the minimum wage. All three bills now move back to the House for approval before completing legislation. 

Of the bills passed, 13 bills completed legislation. House Bill 4196, one of the bills that completed legislation, would require the Workforce Investment Council to provide local workforce investment boards information and guidance to better educate men and women about higher paying jobs. 

The Senate received three messages from the House and refused to concur and pass two bills that the House amended. House Bill 4236, relating to the sexual assault examination network, and House Bill 4619, which authorizes innovation school districts, will go to conference committees. The Senate suspended rules and passed House Bill 4621, which relates to funds of the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund, and now has completed legislative action. 

The Senate is in recess until 4 p.m. 

The following committees will meet today:

  • Finance at 3:30 p.m. in room 451M
  • Judiciary at 3:30 p.m. in room 208W

The following committees will meet tomorrow:

  • Confirmations at 10:30 a.m.

 

Update 

The Senate reconvened this evening to read 32 bills a second time, including House Bill 4588, which prohibits abortion after twenty weeks. The bill was amended and advanced to third reading. 

Additionally, House Bill 4552, which relates to the court of claims, was passed after the bill was read a third time.

The Senate passed the House amended version of Senate Bill 373, the water resources protection bill, after the Senate amended it. The bill now moves to the House to concur and pass.    

The Senate is adjourned until 11 a.m. 

The Legislative Record

Completed Legislation

As of 4 p.m., Thursday, March 6, 2014, the 58th day of the 81st Legislature’s 2nd Regular Session, 1,244 bills have been introduced in the House and 631 in the Senate. Of those bills, 69 have completed legislation in both chambers and either have or await the Governor’s signature. A sampling of these completed bills includes:

Senate Bill 58 would allow for a voidable marriage or annulment if one spouse is unaware of the other spouse’s felony conviction from before the marriage.

Senate Bill 90 would make it a misdemeanor to intentionally interfere with or prevent a person from calling emergency service personnel. Violating this would result in a fine between $250 and $2,000 and/or jail time from one day to one year. Punishments would increase with each offense, with a fine between $500 and $3,000 and/or jail for three months to one year on the second offense, and fines from $500 to $4,000 and/or jail for six months to one year on third offense and beyond.

Senate Bill 322 would provide that all state employees, employees of state institutions of higher education and the Higher Education Policy Commission be paid at least twice per month, as opposed to only twice per month.

Senate Bill 378 would prohibit someone from driving a motor vehicle meeting or overtaking a stopped waste service vehicle going at a speed over 15 miles per hour. This would apply if the waste service vehicle uses flashing lights or a visual signal and is not located in a private driveway, controlled access highway, turnpike or road with a center line and more than two lanes. Violating this would result in a misdemeanor, with a fine between $300 and $1,000 or jail confinement for a maximum of one year.

Senate Bill 387 would clarify that duly authorized officers from the District of Columbia and other states have lawful custody of prisoners they are transporting to or through this state.

Senate Bill 394 would change the Health Sciences Scholarship Program to the Health Sciences Service Program to better reflect the program’s purpose of recruiting health care professionals to underserved areas of West Virginia.

Senate Bill 405 would protect the private information of petit court jurors by limiting the availability of juror questionnaire forms. The juror’s forms would only be available with the written permission of the judge who presided over the trial after it concludes.

Senate Bill 408 would remove the three month good conduct condition as a prerequisite for parole. It would also require the Parole Board to consider an eligible inmate’s parole regardless of whether they are in a facility not administered by the Division of Corrections.

Senate Bill 456 would extend the expiration date for the health care provider tax on eligible acute care hospitals from June 30, 2014 to June 30, 2015. This program is used to maximize the federal match for Medicaid.

Senate Bill 460 would add West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are allowed to invest certain moneys with its foundation, limited at $25,000,000.

Senate Bill 470 would provide that completed grand jury questionnaire forms are confidential. They would only be released from the clerk with the written permission of the circuit court.

Senate Bill 499 would make the Prudent Investor Act the primary standard of care for the Investment Management Board.

Senate Bill 558 would find and declare a moral obligation to pay the listed claims against state agencies approved by the Court of Claims with public moneys. It would also provide constitutional immunity of the State from a lawsuit or other legal restriction.

Senate Bill 600 would require the owner of a vacant building or property to keep it maintained at a standard deemed reasonable by a governing body. Owners would have to comply or eliminate the public nuisance through repairs, demolition or maintenance. These costs would be paid by the owner.

Senate Bill 602 would require employees of health care providers to wear identification badges when delivering direct patient care. This would apply to heath care providers who employee at least three licensed practitioners or more than ten employees.

House Bill 2165 would require the clerk of the county commission to issue up to two copies of a veteran’s death certificate. The request would have to be within thirty days of the veteran’s death and no feed would be charged if the certificate is needed to receive state or federal benefits.

House Bill 4003 relates to truancy policy enforcement. The bill grants dual jurisdiction to counties in counties where a student who lives in one county but attends school in a different county. The county that the student attends school would have the authority to enforce the truancy laws of that county even if that student doesn’t live in that county.

House Bill 4151 relates to military members and their spouses and licensing through professional boards. One provision of the bill provides that military spouses that move here from out of state would receive an expedited temporary license under certain circumstances.

House Bill 4287 would update the administration of medication and performance of health maintenance tasks by unlicensed personnel. One of the provisions of the bill is the definition of unlicensed personnel would be updated to a facility member who meets specific requirements and has completed proper and required training, among other stipulations.

House Bill 4186 would add provisions to the background check requirements an applicant would have to pass to be issued a concealed weapon license. This would qualify West Virginia for the “Brady Exemption state,” which would allow a firearms dealer to accept a West Virginia concealed weapon license as proof that the holder has passed all state and federal requirements.

House Bill 4188 would relocate the Center of Nursing under the West Virginia Higher Education Policy Commission. Additionally, nurses that teach in state nursing programs or practice at a hospital qualify for scholarships. The bill also gives the center the authority of strategic planning to address a nursing shortage, data collection, a website, expansion of the nursing program, among other powers.

House Bill 4270 would provide that minimum salary requirements would not apply to service employees that are employed at Cedar Lakes Conference Center on or after July 1, 2014.

House Bill 4284 would create the Pregnant Workers’ Fairness Act. This would prohibit the discrimination of pregnant women in the workforce based on pregnancy, child birth and or associated medical conditions.

House Bill 4290 would revise provisions of governing checks and money orders sales, money transmission services, transportation of currency and currency exchange. Therefore, the bill updates definitions to federal standards.

House Bill 4421 would allow the lottery to award prize winners by check, electronic funds transfer or other acceptable forms of payment of the Federal Reserve System. Currently, the lottery is required to award prizes with checks.

House Bill 4425 would give authority to the Superintendent of State Police to hire additional staff at their discretion, specifically legal staff and or council.

House Bill 4445 would modify the definition of “battery and “domestic battery” and “assault” and “domestic assault.” Essentially, battery and domestic battery have the same sentence, as well as assault and domestic assault. It also adds that all four charges include “physical force capable of causing physical pain or injury.”

House Bill 4449 would add proximity detection systems and cameras that are used on continuous mining machines and underground haulage equipment to the West Virginia Innovative Mine Safety Technology Tax Credit Act. This would allow mining companies that install this equipment or already have it to qualify for a tax credit.

Country Roads, Take Me Home

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John Denver’s 1971 Hit Becomes West Virginia’s Fourth Official State Song

One does not have to be from West Virginia to have heard the phrase “Almost Heaven, West Virginia.” In fact, countries around the World are familiar with West Virginia because of the opening lines to John Denver’s hit song “Take Me Home Country Roads.”

Recognizing the impact this song has had on the state and its inhabitants, the West Virginia Legislature has adopted a resolution naming “Take Me Home, Country Roads” one of West Virginia’s four official state songs.

Country Roads
PHOTO COURTESY OF WVU SPORTS COMMUNICATIONS. Songwriters Bill Danoff, Taffy Nivert and John Denver perform “Take Me Home, Country Roads” at the official dedication of Mountaineer Field in 1980.

The other previously named three state songs are; “This is My West Virginia,” “The West Virginia Hills,” and “West Virginia, My Home Sweet Home”

The song was written by Bill Danoff, John Denver and Taffy Nivert in 1970 and was recorded and released in 1971 on John Denver’s album “Poems, Prayers, and Promises.” It reached number two as a single on the U.S. Billboard’s “Hot 100” chart.

House Concurrent Resolution 40 states, aside from radio and record success, “Take Me Home Country Roads” has been performed regularly at most important events within our state, including the memorial service for Senator Robert C. Byrd, the dedication ceremony of Mountaineer Field, and the pre-game and post-game ceremonies at athletic events at West Virginia University.

“Take Me Home, Country Roads” can be heard outside of the state as well. It has become an international hit, as it is regularly played during Munich’s Oktoberfest.

No matter where it is played, the song holds a special place in the heart’s of all West Virginians, especially for those who have left the state. The song can play and a feeling of home is felt as the lyrics ring out “Country roads, take me home to the place I belong. West Virginia, mountain momma, take me home, country roads.”