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House Passes Skylar’s Law, Bill 2453

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Today on the floor, 12 bills were passed, including House Bill 2453, or otherwise known as Skylar’s Law, which would expand the coverage under the Amber Alert Plan, which currently applies only to children believed to be abducted. This bill would include children reported to law enforcement authorities as missing, regardless of circumstance.

There were two bills on the calendar that were to be read for the third time today, but were laid over to a later day. Also, four bills were read for the second time today along with eight on first reading.

Committees Meeting Today:
Finance Committee: 1:00 p.m. in 460M
Judiciary Committee: 1:15 p.m. 410M
Political Subdivisions Committee: 1:15 p.m. 215E
Energy, Industry & Labor/Economic Development & Small Business Committee: 1:15 p.m. 460M
Constitutional Review Committee 2:00 p.m. 410M
Roads and Transportation Committee: 2:00 p.m. 215E
Health and Human Resources Committee: 3:30 p.m. 215E

Committees Meeting Tomorrow:

Finance Committee: 9:00 a.m. 460M
Banking and Insurance Committee: 10:00 a.m. 215E

The House will reconvene today at 5:00 p.m.

UPDATE:

The House met briefly this evening to receive committee reports.

Health and Human Resources Committee will reconvene post adjournment
Judiciary Committee will meet at 6:00 p.m. today and tomorrow at 9:00 a.m.

The House will reconvene tomorrow at 11:00 a.m.

Senate Passes Eight Bills, Recognizes Substance Abuse Awareness

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The Senate convened today to pass nine bills, advance five bills to third reading, advance 16 bills to second reading, and adopt one Senate Resolution.

Bills passed today include Senate Bill 10, which would permit the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy to independently initiate disciplinary proceedings in certain circumstances based on information received from the Board of Pharmacy concerning data from the controlled substance monitoring program.

Senate Bill 384 was read a first time today and advanced to second reading. The bill would establish that dependent children of State Troopers who die in the performance of duty could receive up to $7,500 in scholarship money per year.

The Senate also recognized the West Virginia Association of Alcoholism and Drug Abuse Counselors along with the West Virginia Certification Board of Addiction and Prevention with a resolution for their efforts in bringing awareness and solutions to substance abuse.

The following committees will meet today:

The Committee on Finance will meet today at 3:00 p.m. in 451M.
The Committee on Judiciary will meet today at 3:00 p.m. in 208W.

The following committees will meet tomorrow:

The Committee on Finance will meet tomorrow at 9:00 a.m. in 451M.
The Committee on Judiciary will meet tomorrow at 10:00 a.m. in 208W.
The Committee on Health and Human Resources will meet tomorrow at 1:00 p.m. in 451M.

UPDATE:

The Senate reconvened at 4:30 p.m. to receive committee reports. There were 21 bills taken up for immediate consideration and read a first time prior to the second committee reference.

Bills read a first time and advanced to second reading include Senate Bill 167, which would create the West Virginia Future Fund. The Future Fund will be created from a portion of natural resources severance taxes and will turn a one-time source of revenue into a permanent source of wealth for our state. The fund itself will be self-sustaining, even once the natural resources have been exhausted.

The Senate will reconvene tomorrow at 11:00 a.m.

Four Bills Pass House on Legislature’s 42nd Day of Session.

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Today on the floor, four bills were passed in the House including House Bill 2237, relating to the prescribing of the drug naloxone, House Bill 2853, establishing a regulatory system for sexual assault forensic examinations, House Bill 2590, relating to several environmental and economic development programs and House Bill 2733, relating to the hearings before the Office of Administrative Hearings.

Also on the floor, 14 bills were read for the second time, including HB 2717 which would require that deputy sheriffs be issued a bullet proof vest upon law enforcement certification. In addition, four bills were read for the first time including House Bill 2108, which would make failure to wear a safety belt a primary offense.

Citations were presented to Bridgeport Girls Basketball team for their AA 2013 State Championship, Cabellas and Poca Elementary School for academic excellence today as well.

Committees Meeting Today:

Judiciary Committee: 2:00 p.m. 410M
Government & Organization Committee: 2:00 p.m. 215E
Education Committee: 2:30 p.m. 434M

Committees Meeting Tomorrow:

Agriculture: 8:15 a.m. 215E
Veteran’s Affairs: 9:15 a.m. 460M
Banking and Insurance: 10:00 a.m.215E
Pensions and Retirement:10:00 a.m. 460M
Political Subdivisions: 1:00 p.m. 215E
Energy, Industry and Labor/Economic Development and Small Business: 1:00 p.m. 460M
Roads and Transportation: 2:00 p.m. 215E
Health and Human Resources: 4:00 215E

The House will reconvene tomorrow at 11:00 a.m.

Senate Passes Bill Creating Complete Streets Act

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The Senate convened this morning to pass 11 bills, advance 8 bills to third reading, and adopt two Senate Resolutions.

Bills passed today include Senate Bill 158, which would create the Complete Streets Act. This 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 80 was one bill passed to third reading today. The bill 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.

The Senate also passed resolutions congratulating the Bridgeport High School Lady Indian’s basketball team for their 2013 AA State Championship title and recognizing the Society of Human Resource Management.

The following committees will meet today:

The Committee on Health and Human Resources will meet today at 1:00 p.m. in 451M.
The Committee on Natural Resources will meet today at 1:00 p.m. in 208W.
The Committee on Education will meet today at 2:00 p.m. in 451M.
The Committee on Finance will meet today at 3:00 p.m. in 451M.
The Committee on Judiciary will meet today at 3:00 p.m. in 208W.

The following committees will meet tomorrow:

The Committee on Children and Poverty will meet tomorrow at 9:00 a.m. in 451M.
The Committee on Labor will meet tomorrow at 9:00 a.m. in 208W.
The Committee on Roads and Transportation will meet tomorrow at 10:00 a.m. in 208W.

The Senate will reconvene tomorrow at 11:00 a.m.

House Adopts Resolution Making August 16 “Airborne Day”

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The House of Delegates met this morning, the 41st day of the Regular Session, to pass one piece of legislation.

House Bill 2463, which would repeal the section of the state code that allows the sterilization of those deemed mentally incompetent, passed unanimously.

Bills on second reading included House Bill 2733, which relates to hearings before the Office of Administrative Hearings, and three other bills.

On first reading were 14 bills, including House Bill 2717, which would require deputy sheriffs be issued ballistic vests following law-enforcement certification.

The House also adopted six concurrent resolutions, including House Concurrent Resolution 11, which would make August 16, “Airborne Day” in West Virginia. Also adopted was House Resolution 28, which would call upon Patriot Coal to “live up to their obligations to active and retired miners, their families, and widows.”

The Wayne Middle School History Team 2 and the Hurricane High School men’s soccer team received citations at the beginning of today’s session.

Today, the last day to introduce legislation, the House introduced 80 bills.

The House will reconvene tomorrow at 11am.


Committees meeting today:

House Judiciary Committee – 1pm – 410M
House Finance Committee – 2pm – 460M

Committees meeting tomorrow:
House Finance Committee – 9am – 460M
House Government Organization Committee – 2pm – 215E

Senate Passes Bill Tightening Distribution of Controlled Substances

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The Senate met this morning to pass 10 bills, advance 11 bills to third reading, and adopt one Senate Resolution.

The bills passed today include Senate Bill 11, relating to West Virginia schedules of controlled substances. This bill will limit the prescription size patients can receive at one time from a pharmacy but will still allow doctors to refill prescriptions at their discretion.

Bills advanced to second reading include Senate Bill 584, which would create a Pretrial Release Program. This program would allow a court or county to review pretrial criminal defendants in regional jails and make recommendations for the release of those who have not be convicted of a crime but are awaiting a trial based on their low risk of flight and risk of danger to the community. Those accused of pedophilia, violent crimes, or out-of-state drug offenders would not be eligible for pretrial release.

There were 35 bills introduced today, the 41st day of the legislative session. Today was the last day for lawmakers to introduce bills aside from supplementary bills or bills originating from committee.

The following committees will meet today:

The Committee on Agriculture will meet today at 2:00 p.m. in 451M.
The Committee on Banking and Insurance will meet today at 2:00 p.m. in 208W.
The Committee on Finance will meet today at 3:00 p.m. in 451M.
The Committee on Judiciary will meet today at 3:00 p.m. in 208W.

The following committees will meet tomorrow:

The Committee on Energy, Industry, and Labor will meet tomorrow at 9:00 a.m. in 208W.
The Committee on Military will meet tomorrow at 10:00 a.m. in 208W.
The Committee on Transportation and Infrastructure will meet tomorrow at 10:00 a.m. in 451M.
The Committee on Education will meet tomorrow at 2:00 p.m. in 451M.
The Committee on Government Organization will meet tomorrow at 2:00 p.m. 208W.

The Senate will reconvene tomorrow at 11:00 a.m.

In the House

As of 4 p.m., Wednesday, March 20, 2013, the 36th day of the first session of the 81st Legislature, 1,013 bills have been introduced in the House of Delegates. Of those, 30 passed and have been sent to the Senate for consideration. The bills passed by the House since March 7, 2013 were:

House Bill 2046 would require telecommunications companies to provide location information about a missing person’s cell phone to the authorities in a timely manner. Also known as the “Kelsey Smith Act.”

House Bill 2351 would authorize officers to arrest a citizen driving on a revoked/suspended license and present that person to a magistrate.  If the magistrate is not reasonably available, the officer may charge by citation instead of prompt presentment before a magistrate.

House Bill 2361 would clarify the definition of an “eligible veteran” for certain state training and employment preference benefits.

House Bill 2414 would allow municipalities to convey property to a nonprofit for a specific public interest as long as it benefits the municipality.

House Bill 2497 would make applicants for real estate licenses to pass criminal background checks.

House Bill 2553 would permit the Secretary of State to dissolve a limited liability company, a corporation, a nonprofit corporation or a foreign corporation corporate entity if a necessary professional license has been revoked or the entity is in default with the Bureau of Employment Programs.

House Bill 2579 would alter the enforcement procedure for selenium within two months of the effective date this bill becomes law.  The selenium criteria would now become a threshold standard that once a permit exceeds this level, the operator would have to begin monitoring impacts to fish populations.  The monitoring results would be reported to the DEP for future use as a selenium state-specific standard.  The West Virginia Water Research Institute at WVU would assist in developing this new criteria.

House Bill 2603 would clarify the Domestic Violence Act by revising and adding definitions. The bill would also add members to the Family Protection Services Board, set procedures for hearing and appeals, and many other revisions.

House Bill 2729 would allow West Virginia schools (public or private) to possess and maintain a supply of epinephrine auto-injectors (epipens) at the school for emergency care or treatment of anaphylactic reactions.

House Bill 2747 would clarify certain terms in relations to meetings of state agencies. Also, the bill would clarify the process in which a state agency would announce its meetings.

House Bill 2760 would establish a statewide regulation of firearms, ammunition, and firearm accessories. The bill would remove references to regulation of firearms by counties and municipalities.  It would also voids and nullifies the effectiveness of any previously grandfathered gun or firearm regulation enacted by a county or municipality which is contrary to or not authorized uniformly in the state code.

House Bill 2764 would extend additional authority and duties regarding school attendance.

House Bill 2770 would permit dealers who sell less than 18 new or used cars to renew their dealer licenses.

House Bill 2847 would clarify the current code relating to real property and personal property taxes collected by county sheriffs.

House Bill 2861 would establish a program designated to help at-risk students in the public school system.  The bill would allow a dual enrollment in the public school and the alternative program school if the county superintendent approves and several conditions are met.

In the Senate

As of 4 p.m. Wednesday, March 20, 2013, 585 bills have been introduced in the Senate. A sample of the bills passed by the Senate this week:

Senate Bill 27 relates to the administration of opioid antidote in situations of emergence. This bill would allow for police, fire and emergency service providers, to carry Naloxone for the purpose of administering it in suspected narcotic drug overdose situations.

Senate Bill 108 would create an Unintentional Pharmaceutical Drug Overdose Fatality Review Team.

Senate Bill 159 would create the Uniform Real Property Transfer on Death Act. This would allow the owner of a real property to pass on property directly to the inheritor upon the death of the owner without probate.

Senate Bill 183 would update the terms in the Corporation Net Income Tax Act.

Senate Bill 353 would establish the First Informer Broadcasters Act.

Senate Bill 358 would make technical corrections, clarifying that the oversight board can look into any actions or practices done by municipal pension funds that could put the security or fiscal integrity of the funds, adds a liability disclaimer, revises the refund section at risk. It would also make clear that the military service credit does not allow a member to retire before age 50.

Senate Bill 368 would clarify that certain criminal convictions would constitute as enough reason to void a marriage. If the other party is not aware that their spouse has been previously incarcerated, they may institute an annulment. This can only be done if the spouse was incarcerated more than one year before the marriage.

Senate Bill 383 would allow for family court judges in family court contempt cases to designate counsel if the financially restrained offender it sentenced to serve time in jail.

Senate Bill 412 would require that supervisors of conservation districts be removed from office in the same way in which other positions of elected county officials are removed.

Senate Bill 427 would clarify requirements for certain motor vehicle searches. It would clarify the current law concerning the section of when an officer stops a motor vehicle for an alleged violation of a traffic misdemeanor law and could search the vehicle. Only one of the three subdivisions within subsection (a) must be present.

Senate Bill 441 relates to the withdrawal of false state tax liens. It would provide a means for the withdrawal of these liens that have been filed prematurely, inadvertently or erroneously.

Senate Bill 464 would regulate tanning facilities by placing a ban on tanning bed usage for anyone under the age of 18. It also requires facilities to secure a business registration certificate by July 1, 2013.  They would also have to register with the local board of health, have inspections and obtain an operating permit before starting their business. Any violators of these provisions will be penalized.

Senate Bill 446 would maintain conformity with the international fuel tax agreement.

Senate Bill 477 relates to the electronic registration of voters. The bill would allow for a person to type their information in a secure electronic registration system by inputting their information and transferring it, along with their signature, to the Secretary of State and the relevant county clerk’s office.

Senate Bill 563 would exclude platinum, gold, silver and palladium from being defined as “scrap metal”.

Senate Bill 572 would  amend the procedures related to payment of claims.

Senate Bill 553 relates to the  Highway Design-Build Pilot Program. It would continue the law which expires under current law on July 1, 2013, to mid-2018.

Senate Bill 546 would require that the appointment of the State Superintendent of Schools be with the consideration and approval of the Senate.

Compromise Education Reform Measure Passes Legislature

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The 2013 Regular Session of the 81st West Virginia Legislature has been dominated by talk of public education in West Virginia and the reform of the educational system. Much of that talk has been driven by low national rankings in relation to student achievements as well as deficiencies within the structure of the Department of Education which were highlighted by an educational audit taken last year.

Lawmakers undertook the task of examining and debating the original bill which was introduced first in the Senate. Throughout the committee process, this issue was discussed, weighing the pros and cons of each provision, with members from both the House of Delegates and state Senate as well as the various stakeholders who all share a common interest in improving the delivery of education in West Virginia.

After weeks of arduous committee work, revisions were made to the original bill which have made this piece of legislation a collaborative work with wide ranging support from members of both bodies.

“Senate Bill 359 will significantly advance the state’s public education system. The bill includes provisions relating to the school calendar, teacher hiring, school accreditation and college and career readiness,” said Senate Education Committee Chair Robert Plymale. “Additionally, assistant teacher positions for early childhood and Kindergarten programs will greatly improve our efforts in Early Childhood Education.”

Under changes made and approved by the Legislature, this compromise allows for school principals and faculty senates at individual schools to have a say over teacher hires with their recommendations receiving double weight among 11 factors used to fill teaching jobs. Additional factors for consideration during the hiring process include seniority and whether prospective teachers have a certification from the National Board for Professional Teaching Standards.

Another provision under this revised bill will no longer require state school superintendents to hold a master’s in education administration with the thinking behind this change being the potential of increasing the national pool of applicants for the superintendent’s post.

Other provisions in the bill would provide elementary school teachers with specialized training designed to increase the number of third-graders who end that year reading at grade level and make possible for full-day pre-K programs to be available to 4-year-olds statewide.

“The expansion of pre-K programs for our children and the reduction in funding Department of Education staffing are highlights of the bill for me,” said House Education Committee Chair Mary Poling. “The guarantee that students will get 180 days of instruction and the meaningful involvement of faculty senate and principals in hiring new teachers in their schools go a long way to restoring local control to our counties and schools.”

In relation to college preparedness, the bill requires the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college- and career-readiness standards for English/language arts and math. It also will provide methods for determining whether students have met the college- and career-readiness standards, require that an explicit focus be embedded in each course on the development of English/language arts and math skills and require a 12th grade transitional course for both English/language arts and math for students not on track to be college ready

Also, this bill will no longer allow the nonprofit Teach for America program to operate in West Virginia, a controversial provision when the bill was first introduced.. Instead, the Legislature plans on studying programs such as this to determine their feasibility in West Virginia.

The 2013 Regular Session is more than halfway over but as this bill highlights, legislation works best when lawmakers, concerned citizens and stakeholders work together on compromises with the goal of a better West Virginia in mind for all.