Blog – Page 273

Senate Completes Two Pieces of Legislation

Senate Floor Session

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April 1, 2013

The Senate convened this morning, the 48th day of session, to complete two pieces of legislation.

House Bill 2487, which would ban the use of laetrile (a drug used for cancer treatment), and House Bill 3013, which would allow the legislature to create job creation work groups, passed the Senate today and will be sent to the Governor to be signed.

Senate Bill 460, which would exempt certain state residents’ active duty military pay from state income tax, and Senate Bill 557, which would extend the Preventive Care Pilot Program, were two of the 26 bills to pass the Senate today.

The Senate read 26 bills for the second time, including two House bills: HB 2800, which relates to the Teachers’ Retirement System, and HB 2802, relating to the Emergency Medical Services Retirement System.

Senate Bill 103, creating the West Virginia Commuter Rail Act, and Senate Bill 638, which would terminate certain severance tax exemptions for the production of oil or natural gas, were two other bills read a second time.

The Senate had three bills on first reading which were Senate Bill 117, which would make the possession of burglar’s tools a criminal offense, Senate Bill 365, which relates to the expungement of certain criminal convictions, and Senate Bill 594, which would establish procedures in the Court of Claims relating to an unjust arrest, conviction, or imprisonment claim.

The Senate adopted Senate Concurrent Resolution 18, naming a portion of State Route 20 in Wyoming County the “David and Janet Lee Memorial Highway.” Senate Resolution 50, which supports the commitments made to Patriot Coal employees, and 51, recognizing Salem International University, were also adopted.

The Senate will reconvene this afternoon at 4:30pm.

Committees meeting today:

Senate Energy, Industry, & Mining Committee – 9am – 208W
Senate Finance Committee – 9:30am – 451M
Senate Government Organization Committee – 2pm – 208W
Senate Education Committee – 2pm – 451M
Senate Judiciary Committee – 3pm – 208W
Senate Finance Committee – 3pm – 451M

UPDATE:

The Senate reconvened this evening to hear committee reports. Of the bills reported out of committees, twenty of the bills were read a first time.

The Senate will reconvene tomorrow at 11am.

House Adopts Resolution Naming Bridge After Former Delegate Larry W. Border

House Floor Session

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March 29, 2013

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Today, House Resolution 49 was adopted requesting the state name a bridge over Tygart Creek on County 54, Route 14, near Mineral Wells, the Larry W. Border Memorial Bridge in memory of the beloved former delegate from Wood County. A second concurrent resolution, House Resolution 30, was also adopted commemorating the life of the Honorable Virginia Rae “Ginny” Starcher, educator, civic leader, and public servant. These resolution must now be approved by the Senate.

The House reconvened today to pass seven bills, advance 12 bills to third reading, and advance 10 bills to second reading.

Among the seven bills passed was House Bill 2563, which would reduce the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students. This would allow for at-risk students to receive more one-on-one time and attention with their counselors.

House Bill 2888, which would allow members of a policemen’s civil service commission to serve on other local boards and commissions, was advanced to third reading along with 11 other bills.

House Bill 2866, which would provide an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet, was advanced to second reading along with nine other bills.

The following committees will meet today:
House Finance – 30 minutes following floor session – 460M
House Judiciary – 1 p.m. – 410M

The House is in recess until 5 p.m. today.

*UPDATE*

The House reconvened this evening in order to receive committee reports before adjourning for the weekend.

The House is adjourned until 1 p.m. Monday, April 1.

Senate Passes Feed to Achieve Act

Senate Floor Session

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March 29, 2013

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The Senate passed 14 bills this morning, the 45th day of the legislative session.

Senate Bill 663, known as the Feed to Achieve Act, was one of the fourteen passed. The bill would require a nutritious breakfast and lunch be available to all students.

The Senate read 28 bills for the second time, including Senate Bill 470, which would allow for the sale of wine on Sunday mornings at fairs and festivals.

On first reading were 26 bills, including Senate Bill 466, which would create the Dangerous Wild Animals Act.

The Senate adopted House Concurrent Resolution 12, making March 31 “West Virginia State Trooper Day.”

The Senate will reconvene Monday, April 1, 2013 at 11am.

Vol. XXIV Issue 5

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March 28, 2013

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House Passes Bill Making Failure to Wear Seat Belt Primary Offense

House Floor Session

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March 28, 2013

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Today in the House, four bills were passed. House Bill 2519, House Bill 2913, House Bill 3158, and House Bill 2108, which would make failure to wear a safety belt a primary offense and prohibit the denial of insurance coverage for prohibited use of electronic communications devices while driving.

House Bill 2521, relating to the West Virginia Contraband Forfeiture Act, was advanced to third reading along with eight other bills.

House Bill 2550, which would add criminal offense of receiving materials depicting minors in sexually explicit conduct, was advanced to second reading along with 11 other bills.

The House adopted House Resolution 29, designating March 28, 2013 as West Virginia Kids At-Risk Day. A citation was presented recognizing the 2012-2013 Greenbrier West High School wrestling team along with a citation recognizing Oak Glen High School women’s volleyball team, the 2012 AA state champions.

The following committees will meet today:
Finance – 30 minutes following session – 460M
Judiciary – 30 minutes following session – 410M
Government Organization – 2 p.m. – 215E
Education – 2:15 p.m. – 434M

The following committee will meet tomorrow:
Judiciary – 9 a.m. – 410M

The House is in recess until 5 p.m. today.

***UPDATE***
The House met briefly this evening to receive committee reports.

The House is adjourned until 11:00 a.m. tomorrow.

Senate Makes Today

Senate Floor Session

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March 28, 2013

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The Senate convened this morning to pass five bills.

Bills passed included Senate Bills 430, 431, 491, and 507. House Bill 2784, which would amend the Deputy Sheriff Retirement System Act, was also passed.

On second reading were fourteen bills, including Senate Bill 663, which would create the West Virginia Feed to Achieve Act.

The Senate received committee reports and read five of the bills for the first time prior to their second committee reference. House Bill 3013, which would allow the legislature to create job creation work groups, had its committee references dispensed with and was read for a first time. In addition to these bills, 25 bills were read for the first time.

Senate Resolution 49, which would make March 28, 2013 “Kids at Risk Day,” was adopted. Representatives from the West Virginia Child Care Association were on hand to receive the resolution.

The Senate will reconvene this afternoon at 4:30pm.

Committees meeting today:

Senate Health & Human Resources Committee – 1pm – 451M
Senate Government Organization Committee – 2pm – 208W
Senate Education Committee – 2pm – 451M
Senate Finance Committee – 3pm – 451M
Senate Judiciary Committee – 3pm – 208W

Committees meeting tomorrow:

Senate Judiciary Committee – 9am – 208W
Senate Banking & Insurance Committee – 10:30am – 208W

UPDATE:

The Senate reconvened this afternoon to receive committee reports. There were five bills taken up for immediate consideration and read a first time prior to their second committee reference.

In the House

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March 28, 2013

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As of 4 p.m., Thursday, March 28th, 2013, the 44th day of the first session of the 81st Legislature 1159 bills have been introduced in the House of Delegates. Bills passed by the House this week include:

House Bill 2237 would require physicians and other licensed prescribers to offer the drug Naloxone to their patients who are prescribed opiates for chronic pain. This bill was created to give alternative pain medication options in an effort to crack down on opiate abuse.

House Bill 2453, also known as “Skylar’s Law”, would expand the coverage under the Amber Alert Plan which currently applies only to children believed to have been abducted. This would allow the Amber Alert system to be activated when children are reported to law-enforcement as “missing”, regardless of the circumstance.

House Bill 2463 would repeal the article of the West Virginia Code that permits the sterilization of persons deemed to be mentally incompetent.

House Bill 2508 would increase certain investment amounts necessary for a county or city to create a sales Tax Increment Financing (TIF) district.

House Bill 2514 would decrease the total amount of tax credits under the Film Industry Investment Act from $10 million to $5 million annually.

House Bill 2534 would require that pawn brokers be regulated at the state level and that they maintain accurate pawn transaction forms with penalties for failure to comply with new regulations. Currently pawn brokers are only regulated at the local level.

House Bill 2583 would establish a regulatory system for sexual assault for forensic examinations. The bill is created in an effort to create a uniform examination system with better efficiency.

House Bill 2590 would authorize the creation of a public nonprofit corporation and governmental instrumentality to collectively manage the transition of contaminated properties to new use. The bill would allow many old commercial and industrial sites to be restored back to useable properties.

House Bill 2717 would require that Deputy Sheriffs be issued ballistic vests upon law enforcement certification.

House Bill 2780 would require multi-disciplinary teams be convened quarterly to discuss children in the custody of the Division of Juvenile Services. It also provides that in cases where a child has been detained for more than 60 days without an active service plan, the director of the facility may call a multi-disciplinary team meeting to discuss the child.

House Bill 2809 would authorize the Division of Corrections to implement a 12 month pilot project to establish a responsible parenting program designed to improve child and family well being and to empower men and women with skills to succeed as caretakers.

House Bill 2814 would authorize and require certain assistance to victims of human trafficking. It seeks to achieve this by authorizing the forfeiture of certain assets used in human trafficking, authorizing a civil cause of action for victims of human trafficking, requiring classification of victims of human trafficking and immigration assistance under specified circumstances and specifying that a victim of human trafficking is a victim under the West Virginia Crime Victims Compensation Act, among other provisions.

House Bill 2933 would make it necessary to provide notification to a prosecuting attorney of an offender’s parole hearing and release.

House Bill 2992 would eliminate duplicate reporting requirements for imported cigarettes which are imposed on distributors of tobacco products. It was introduced at the request of the West Virginia Tax Department.

In the Senate

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March 28, 2013

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As of 4 p.m., Thursday, March 28th, 2013, the 44th day of the 1st session of the 81st Legislature, 663 bills have been introduced in the Senate. Of those, 78 passed and have been sent to the House of Delegates for consideration.

Senate Bill 11 would limit the prescription size patients can receive at one time for controlled substances such as hydrocodone. Doctors would still have the ability to refill patients’ prescriptions at their discretion.

Senate Bill 80 would require certain central office administrators and supervisors to substitute teach on at least three instructional days each school year. Superintendents and those who have never held a valid teaching certificate or administrative certificate are exempt from the requirement.

Senate Bill 158 would create the Complete Streets Act. The act would ensure the safety of all travelers including pedestrians, bicyclists, motorists and transit riders through policies, design guidance, planning, development, construction and maintenance of roads in this state.

Senate Bill 187 would require the West Virginia Development Office to create a jobs impact statement for any proposed legislation that may have an economic impact at request of the Governor, Senate President, or House Speaker.

Senate Bill 201 would allow a healthcare provider to prescribe an antibiotic to a sexual partner(s) of a person who has been diagnosed with a sexually transmitted disease without first having to conduct an examination of the partner(s).

Senate Bill 336 would establish protocols and protections to help limit injuries to youth athletes and students and improve the treatment when injuries do occur. The bill would concentrate on protocols for removal and return to play following concussions in interscholastic sports.

Senate Bill 341 would require that livestock be enclosed by a fence, gate, or grate that is built to reasonably prevent livestock from escaping.

Senate Bill 371 would address the state’s prison overcrowding problem by reforming aspects of the criminal justice system. The bill seeks to address the issue of overcrowding is by reducing recidivism and expanding community sentencing options.

Senate Bill 414 would clarify who will be authorized agents for the sale of hunting and fishing licenses and provides a choice for whether county clerks will be such authorized agents.

Senate Bill 445 would enhance state revenues by allowing the State Tax Commissioner to use lottery prizes to pay the unpaid tax liabilities of lottery prize winners.

Senate Bill 461 would address children witnesses in domestic relations cases, abuse and neglect cases, and criminal cases. The bill would allow the courts to accommodate a child witness by adjusting the timing of the testimony, allowing the witness to have a toy while testifying, allowing the witness to have a support person nearby while testifying when the court finds it is needed for reliable testimony or the parties agree, and permits the court to relax formalities.

Senate Bill 496 would provide certain people who provided commodities and/or services to the state, but were not paid because the agency involved overspent its budget.

Senate Bill 534 would correct an internal reference in the code regarding insurance information disclosure. The bill would make clear that providing certain required information is not a violation of the insurer’s responsibility to maintain the confidentiality of consumer financial and health information.

Senate Bill 538 removes the requirement that state, county, and local law enforcement agencies maintain a confidential file of domestic violence orders. This change is due to a new statewide database.

Senate Bill 584 would authorize the establishment of pretrial release programs as part of community corrections in any county, court or combination thereof for the purpose of reviewing pretrial criminal defendants in regional jails and making recommendations for release of those awaiting trial based on their low risk of flight and risk of danger to the community.

Job Creation Task Force Legislation

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March 28, 2013

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House Speaker Rick Thompson and Senate President Jeff Kessler’s appointed legislative workgroups would focus on attracting quality jobs to West Virginia

One of the top priorities for West Virginia lawmakers this session has been examining ways to increase economic opportunities for West Virginians and attract jobs to the state.

House Speaker Rick Thompson and other members of the House leadership have introduced legislation in collaboration with Senate President Jeffrey Kessler that would create monthly House and Senate workgroups dedicated to learning how West Virginia can be more aggressive in attracting jobs.

House Bill 3013 would authorize the Senate President and House Speaker to appoint job creation workgroups that would work independently or in cooperation with the Department of Commerce, the West Virginia Development Office or other executive offices or agencies of the state in order to obtain information to assist the Legislature’s efforts to take action toward increasing and attracting jobs in West Virginia.

Their activities could include, among provisions listed in the bill, meeting with existing businesses and organizations to discuss and further develop resources currently available to businesses in West Virginia which then could be expanded upon to grow job opportunities within the state.

The House of Delegates took up and approved this measure on the House floor during the past week. If the legislation passes both bodies, the Speaker and President will have the ability to appoint a group of different House and Senate members each month to spend a day visiting a particular company, city or region to learn about how certain businesses prosper and expand and about various tactics local and state governments have used to attract businesses. Each of the appointed workgroups would serve as a resource for other members of their body of the Legislature on these subject matters.

It is important for the Legislature to recognize the economic development challenges facing the many different areas of the state. This information will be invaluable when it comes to assisting lawmakers in shaping the policies, which will in turn, create the economic environments to best attract quality jobs to West Virginia.

Child Poverty

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March 28, 2013

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Select Committee on Children and Poverty takes on financial distress in the Mountain State

On the first day of the regular session, the Senate adopted Senate Resolution 6, creating the Select Committee on Children and Poverty.

During the regular session, Children and Poverty has met once a week to hear from various speakers regarding the many issues impacting West Virginians living below the poverty line. On this committee are Chairs and Vice-Chairs of major Senate committees, the Majority Leader and Majority Whip, and also the Minority Leader and Minority Whip.

According to a recently released report by the West Virginia Center on Budget and Policy and the West Virginia Healthy Kids and Families Coalition, child poverty in our state has increased significantly in the last 40 years – growing from 19.1 percent in 1969 to more than 23 percent today. One in three West Virginia children under age 6 currently live in poverty.

The study shows children with parents who didn’t graduate high school, those with single mothers, African Americans and those with unemployed parents are more likely to live in poverty. About half of families with single mothers in the state live below the federal poverty line and more than 30 percent of single-father families live in poverty.

Children most harmed by poverty are those who live in “deep poverty,” defined as family incomes less than 50 percent of the federal poverty level. In West Virginia, 46 percent of the children below the poverty threshold are living in deep poverty. More than one in every 10 West Virginia children live in deep poverty, living on less than $11, 406 a year for a family of four.

The Senate Select Committee on Children and Poverty has plans to tackle the various aspects of poverty in West Virginia including the impact poverty has on a child’s education. For 2010-2011 the rate of low-income students graduating from high school was only 67.9 percent. In elementary schools we find that only 35 percent of the state’s 3rd graders scored at or above mastery on the WESTTEST 2 Reading/Language Arts Test, which is considered a passing test score. About 16 percent of children not reading proficiently by the end of the third grade do not graduate from high school on time.

The Senate Select Committee will meet throughout the year during the monthly interim meetings that will begin once the regular session ends in April to continue discussions and travel throughout the state, visiting each of the 17 Senate Districts to see firsthand how poverty is affecting West Virginians and their children. Thus far the committee has visited Oak Hill and Beckley in the 9th and 10th Districts respectively with more visits around the state expected in the future.