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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.

Education Bill Passes House

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The House convened this morning to pass Senate Bill 359, which would reform the state’s education system. An extended school calendar, a greater emphasis on qualifications for new teachers being hired, and less of adding planning time for teachers are some of the aspects of the legislation. The bill, which passed the Senate on Monday, is the second bill this session to pass both chambers.

The House also passed eleven other bills, including House Bill 2534, which would require pawn shops to see photo identification when purchasing items.

House Bill 2463, which would remove the part of the state code allowing the sterilization of persons considered mentally incompetent, was read for the second time. On first reading were four bills, including House Bill 2583, which would establish a uniform system for sexual assault forensic examinations.

House Concurrent Resolution 12, which would make March 31st “West Virginia State Trooper Day,” and HCR 17, which would create the “State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Interchange” in Clay County, were both adopted unanimously.

The House will reconvene on Monday, March 25, 2013, at 11am.


Committees meeting Monday:

House Finance Committee – 9:15am – 460M
House Health and Human Resources Committee – 10am – 215E

Senate Passes Four Bills, Recognizes Today as WVU Day

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The Senate convened today to pass four bills, advance 10 bills to third reading, and adopt one Senate Resolution.

Bills passed include Senate Bill 201, Senate Bill 341, Senate Bill 571, and Senate Bill 407, requiring cellular and phone companies to provide certain information to Bureau for Child Support Enforcement.

Senate Resolution 44 was also adopted today recognizing March 22, 2013 as West Virginia University Day. Steve Bonanno, WVU Extension Interim Director, accepted the Resolution on behalf of the University.

The Senate also adopted an amended House Concurrent Resolution 42 today acknowledging the life of former Delegate Mike Whitt, by requesting the creation of the Mike Whitt Memorial Highway.

The following committees will meet Monday:

The Committee on Banking and Insurance will meet Monday immediately following the floor session.

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

House Advances Education Reform, Passes Three Bills

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On the floor today, twelve bills were read for a second time. One of these bills were,
Senate Bill 359, the bill that is making major reforms in our education system, and after a lengthy debate today, five amendments were considered and rejected. The bill was advanced to third reading and will be formally voted on tomorrow.

Also, three bills were passed today including House Bill 2815, which would clarify and modify the process of appointing and terminating guardians for minors.

Three citations were presented to those participating in Higher Education day at the Capitol, Toyota, and Kendyl Ryan for the “Gear Up Youth of the Year Award.”

Committees Meeting Today:

Judiciary Committee: 2:30 p.m in 410M
Government & Organization Committee: 2:30 p.m. in 215E
Education Committee: 2:30 p.m. in 434M
Finance Committee: 2:30 p.m. in 460M

Committees Meeting Tomorrow:

Judiciary Committee: 9:00 a.m in 410M
Education Committee: 9:00 a.m. in 434M
Finance Committee: 9:00 a.m. in 460M

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

Senate Unanimously Passes Governor’s Prison Overcrowding Bill

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The Senate convened today to pass Senate Bill 371 , relating to prison reform.

Currently, West Virginia has one of the fastest growing prison populations in the United States with a rate that is three times higher than the national average. This bill will reduce the overcrowding problem by requiring supervision of released criminals, focusing resources on high-risk and violent offenders, and funding drug rehabilitation programs in prisons. This reform will help to correct this program without compromising the safety of West Virginia citizens.

Legislators worked with the Council of State Governments during interim meetings to study the problems with the West Virginia prison system and to find solutions. Many of the changes this bill makes have been enforced in other states with prison overcrowding problems across the country and have been highly effective. The bill has been reported to the House.

Other business addressed today includes the advancement of three bills to third reading and the presentation of three Senate Resolutions.

Those recognized in the resolutions include the Toyota Plant in Buffalo, W.Va., the WV Campus Contact Advisory Board, and Maggie Drazba, a stand-out WV Prep School distance runner from St. Marys High School.

The following committees will meet today:

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 Roads and Transportation will meet tomorrow at 9:00 a.m. in 451M.

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