In the Senate
As of 4 p.m., February 8, 2012, the 29th day of the 80th Legislature’s 2nd Regular Session, 545 bills have been introduced in the Senate. Of those, 12 have passed the Senate this week. 11 will move on to the House for further consideration and one has completed legislative action. Bills passed by the Senate this week include:
Senate Bill 54 would prohibit minors under the age of 16 from obtaining a tattoo. In order for minors age 16 to 18 to obtain a tattoo, the bill would require a parent or legal guardian be present at the tattoo studio. Photo identification as well as written consent also would be required.
Senate Bill 191 would provide for the protection of nonfamily or nonhousehold members who do not qualify for protection under the domestic abuse statute. It would establish procedures for filing petitions and would provide for hearings, entry of orders and contents of orders statewide. It would also establish means of service of process, make proceedings confidential and make rules of evidence applicable to proceedings.
Senate Bill 211 relates to cell phone use while driving and would create a secondary offense of operating a motor vehicle while using a wireless communications device without hands-free technology, and a primary offense of texting while operating a motor vehicle.
Senate Bill 360 would grant a personal property purchaser at a foreclosure sale the right of disposal with the provision that proper notice has been given to the original owner.
Senate Bill 414 would add more professions to the definition of “medical services applicant” under the Volunteer for Nonprofit Youth Organizations Act. Additional professions would include practitioners of podiatry, chiropractors, nurse practitioners, occupational therapists, practitioners of optometry, pharmacists, professional counselors, practitioners of psychology, radiologic technologists, and social workers.
Senate Bill 427 would amend the corrections law relating to the exhaustion of administrative remedies for inmates’ complaints as a way to bring it into compliance with Federal laws and court opinions.
Senate Bill 429 would expand the definition of Class A vehicles to include larger pickup type trucks registered between 8,000-10,000 pounds and would allow these vehicles to display special license plates and would also allow sheriffs to renew these registrations in their offices. Additionally, the bill would designate class farm trucks as “Class X”.
Senate Bill 436 would facilitate and encourage collaboration between the public school system and public higher education in order to promote programs of study and seamless curricula. The bill would also establish the West Virginia EDGE initiative and the Collaboration Degree Completion Program.
Senate Bill 470 would require teachers to undergo a medical examination showing that they are mentally or physically totally incapacitated for service and that the disability is likely to be permanent in order to be eligible for retirement allowance. This procedure is consistent with current practice by the Consolidated Public Retirement Board.
A Sampling of the Bills Introduced in the Senate
Senate Bill 494 would conform West Virginia code to federal requirements for the provision of Presidential office ballots to registered voters moving from the state.
Senate Bill 518 would prohibit certain persons from being elected or appointed to positions under the laws of the State of West Virginia, adding definitions of “felony” and “under conviction.”
Senate Bill 519 concerns the suspension or revocation of driver’s licenses. The bill would reduce the periods of driving suspension from 90 days down to 30 days for all offenses, with the exception of driving under the influence.
Senate Bill 522 would create the Shale Research, Education, Policy and Economic Development Center at West Virginia University in order to improve efficient development of shale resources, generate and document best practices covering environmental, safety, business and health practices, advance environmental performance and develop effective outreach and engagement of affected communities.
Senate Bill 528 would create the Scrap Metal Theft Prevention Act and would prohibit the possession of stolen or unlawfully obtained scrap metal and would also hold scrap metal dealers accountable by prohibiting the purchase of certain items of scrap metal without proof of lawful possession.
Senate Bill 541 would require proof of U.S. citizenship as one of the prerequisites to obtaining a state license to carry a concealed weapon.
Completed Legislation
Senate Bill 165 would provide that any employee of the Division of Corrections, the Division of Juvenile Services and the Regional Jail and Correctional Facility Authority who engages in sexual intercourse, sexual intrusion or sexual contact with an inmate, with or without consent, would be guilty of a felony and confined for 1-5 years.
Capitol Provided Health & Safety Assurances by In-house Security Force
On any given day when the West Virginia Legislature is in during the Regular Session, over 10,000 citizens and employees may inhabit the state Capitol. School children circle around the rotunda as teachers inform students of the accomplished individuals who have graced the Capitol halls. However, many people are unaware of the services currently being provided in the Capitol by some of the hardest working and most experienced individuals West Virginia has to offer.
As part of the Division of Protective Services, employees and citizens are extremely fortunate to share a building with the high functioning State Capitol Police Force.
Prior to 1998, the Capitol was not provided the privilege of having an in-house police department, but it was decided through Senate Bill 170 that visitors, persons conducting business, and employees of the complex should be as safe and secure as possible.
Deputy Director, Kevin Foreman, said that most people don’t realize the importance of the department. “People don’t understand that we’re a small police department,” explained Foreman. “Some of the most experienced people I’ve ever worked with are here, and you won’t find any police department in the state that has more experienced people.”
Some people may also be surprised to learn that the State Capitol Police Force has been very beneficial to the Charleston Police Department throughout the years, and they have reciprocated in assistance. One such incident that required the aid of the Capitol Police involved a hit and run near Greenbrier Street that was caught by one of the many cameras surveying Capitol grounds. “After the incident occurred, we were contacted by Charleston P.D. to review video, and sure enough, you could see the car hit the individual,” explained Division of Protective Services Director, Randy Mayhew. “We were able to get copies of the video to the Charleston P.D. and they had the individual in custody by that evening.”
The Capitol Police also monitors metro traffic 24 hours a day through the command center. Lieutenant Mark Neal explained that with the help of 11 telecommunicators and dispatchers, they are able to capture any unusual events occurring within the area surrounding the Capitol. “We’ve had incidents in the past where (the Charleston Police Department) has been looking for individuals and we’ve been able to locate them and communicate with the command center to lead them into where they were,” said Neal.
In addition to the service they provide to the surrounding community, the Capitol Police have been very occupied this session with health emergencies, saying that it seems like they’ve had an incident occur nearly everyday.
Holly Smith, RN, who took over the Dispensary last year, works with the Division of Protective Services in responding to emergencies throughout the Capitol. She said even though the incidents fortunately have not been of serious concern, they have kept them busy.
Smith also explained the importance of the programs run out of her office such as the Doctor of the Day program and Informational Lunch and Learn sessions.
Ultimately, Officer Foreman would like individuals to know that the department’s number one priority is preserving the safety and peace of mind of the people throughout the Capitol and in the community. “People should take comfort in knowing that if they have a request for service, they’re going to get it,” he said.
OPEB Bill Advances to Third Reading
Heated debates fueled conversation today in the House. Senate Bill 469, regarding Other Post-Employment Benefits was the main topic of discussion. Delegates debated back and forth between several proposed amendments, finally advancing the bill to third reading with one amendment. In addition to the OPEB bill, Senate Bill 4217, which declares August 7 as a special memorial day to be known as Purple Heart Recognition Day, was also advanced to third reading.
In addition, two bills were passed through the House. House Bill 4356, which involves creating a misdemeanor offense for child neglect, and House Bill 4271, which involves reporting requireements for residential mortgage lenders and broker licensees, were passed through the House today.
Thirteen bills were introduced it the House today, including House Bill 4464, which would ensure that persons convicted of felony, treason and bribery in an election are not allowed to run for any elective office. House Bill 4454, which would adopt policies to help promote school attendace.
The following meetings will be held this afternoon:
Government Organization- 1:30 p.m.- 215E
Political Subdivisions- 1:00 p.m.- 215E
Roads and Transportation- 2:00 p.m.- 215E
Senior Issues- 3:00 p.m.- 215E
Constitutional Revision- 2:00 p.m.- 410M
Health and Human Resources- 4:00- 215E
The following meetings will be held tomorrow morning:
Finance- 9:00 a.m.- 460M
Judiciary- 9:30 a.m.- 410M
The House will reconvene tomorrow morning at 11:00 a.m.
Tattoo Restrictions Bill Passes Senate
The Senate passed six bills during the morning floor session. Passed bills include: Senate Bill 54, which would prohibit minors under the age of 16 from obtaining a tattoo; Senate Bill 191, which would provide for the protection of nonfamily or nonhousehold members who do not otherwise qualify for protection under the domestic abuse statute; Senate Bill 253, which would authorize the Department of Environmental Protection to promulgate a legislative rule relating to Emission Standards for Hazardous Air Pollutants; Senate Bill 414, which would expand the definition of “medical services applicant” under the Volunteer for Nonprofit Youth Organizations Act; Senate Bill 427, which would conform state administrative remedies for prisoners with Department of Justice standards; and Senate Bill 434, which would provide that a suggestion and suggestee execution shall contain the date of birth and last four digits of the social security number of the judgment debtor in order to identify the debtor in proceedings in aid of execution on judgments.
Nine bills were introduced today. Among the introduced bills is Senate Bill 537, which would create the WV Sustainable Wealth Fund.
Charleston resident Eric Blankenship sang for the Senate at the beginning of the session.
The following committees will meet today:
Judiciary 3:15 p.m. – 208 W
Natural Resources 1 p.m. – 208 W
Finance 3 p.m. – 451 M
Senate/House Pensions Joint Public Hearing 4 p.m. – 208W
The following committees will meet tomorrow morning:
Finance 9 a.m. – 451 M
Judiciary 10 a.m. – 208 W
The Senate is adjourned until 11 a.m. tomorrow.
Senate Recognizes Women’s Day
In celebration of the 35th anniversary of the West Virginia Women’s Commission, the Senate adopted Senate Resolution 24, recognizing Feb. 7, 2012 as Women’s Day in the West Virginia Legislature.
Senate Bill 222 was laid over and will maintain its position on third reading tomorrow. The bill would create a criminal offense for interfering with an emergency service call.
Bills read for the second time and advanced to third reading include: Senate Bill 54 , which would prohibit minors under the age of 16 from obtaining a tattoo; Senate Bill 191, which would provide for the protection of nonfamily or nonhousehold members who do not otherwise qualify for protection under the domestic abuse statute; Senate Bill 253 , which would authorize the Department of Environmental Protection to promulgate a legislative rule relating to Emission Standards for Hazardous Air Pollutants; Senate Bill 414 , which would expand the definition of “medical services applicant” under the Volunteer for Nonprofit Youth Organizations Act; Senate Bill 427 , which would conform state administrative remedies for prisoners with Department of Justice standards; and Senate Bill 434 , which would provide that a suggestion and suggestee execution shall contain the date of birth and last four digits of the social security number of the judgment debtor in order to identify the debtor in proceedings in aid of execution on judgments.
Nine bills were introduced, including Senate Bill 528 , which would create the Scrap Metal Theft Prevention Act.
The following committees will meet today:
Health & Human Resources 1 p.m. – 451 M
Judiciary (Joint Meeting) 2 p.m. – House Chamber
Education 2 p.m. – 451 M
Banking & Insurance 2 p.m. – 208 W
Judiciary 3:30 p.m. – 208 W
The following committees will meet tomorrow morning:
Labor 9 a.m. – 208 W
Energy, Industry and Mining 10 a.m. – 208 W
The Senate is adjourned until 11 a.m. tomorrow.
Pikeville High School Students Perform for Delegates
The House opened today with a singing performance by Pikeville High School students. Delegates also took a moment to award a citation honoring “Women’s Day” at the capitol. Male Delegates gave a standing ovation to the female delegates and other women in attendence during todays floor session.
Also in the House, a total of 16 bills were introduced, including House Bill 4445, which would make it a crime to solicitate minors, and House Bill 4446, which relates to severance taxes collected for privilege of producing oil or natural gas.
Two bills, House Bill 4271 and House Bill 4271 were both advanced to third reading.
House Bill 4127 and House Bill 469, which relates to other post-employment benefits, were both read for the first time.
The following meetings will be held this afternoon:
Finance- 1:30 p.m.- 460
Judiciary- 2:00 p.m.- 410
Government Organization- 1:30 p.m.- 215E
Education- 2:00 p.m.- 434
The following committees will meet tomorrow morning:
Veterans Affairs and Homeland Security- 9:00 a.m.- 460M
Pensions and Retirement- 10:00 a.m.- 460 M
Banking and Insurance- 10:00 a.m.- 215E
Health and Human Resources- 4:00 p.m. – 215 E
The House is adjourned until 11 a.m. tomorrow.
Senate Bill 165 Completes Legislation, “Texting” Bill Passes Senate
The Senate concurred with House amendments and passed Senate Bill 165, which would create criminal offense of sexual contact on incarcerated persons by correctional employees, with or without consent.
This afternoon, the Senate voted to approve Senate Bill 211, which would create a secondary offense of operating a motor vehicle while using a wireless communications device without hands-free technology, and a primary offense of texting while operating a motor vehicle.
House Bill 4078, which would extend certain deadlines mandated actions regarding higher education personnel, was passed by the Senate with amendments and has been referred to the House for concurrence. An additional four bills were passed by the Senate today. Those bills include: Senate Bill 360, which would grant the purchaser of personal property at a foreclosure sale the right of disposal provided notice has been given to the original owner; Senate Bill 429, which would expand the definition of Class A vehicles; Senate Bill 436, which would facilitate and encourage collaboration between the public school system and public higher education to promote programs of study and seamless curricula; and Senate Bill 470, which would require a medical examination performed by a member’s selected physician showing the member is mentally or physically totally incapacitated for service and that the disability is likely to be permanent.
Senate Bill 222 was read for the second time today and advanced to third reading. Senate Bill 191 was laid over for one day and will maintain its position on second reading tomorrow.
Five bills were read for the first time today. Among them is Senate Bill 54, which would prohibit minors under the age of sixteen from obtaining a tattoo. In order for minors age 16 or older to obtain a tattoo, the bill would require that a parent or legal guardian be present at the tattoo studio and provide photo identification as well as written consent. Other bills on first reading included: Senate Bill 253, Senate Bill 414, Senate Bill 427, Senate Bill 434.
Fourteen bills were introduced, including Senate Bill 524, which would require annual Controlled Substance Monitoring Program database search by prescriptive authorities.
The following committees will meet today:
Judiciary (Joint Meeting) 2 p.m. – House Chamber
Agriculture- 2:15 p.m. 415- M
Finance 3 p.m. – 451 M
The following committees will meet tomorrow morning:
Economic Development 9 a.m. – 451 M
The Senate is adjourned until 11 a.m. tomorrow.
February 6 Declared Correction Day
Fifteen bills were introduced into the House during today’s session. In addition to the introduction of bills, the House also presented House Resolution 18, which will designate February 6 as “correction day” at the Capitol.
House Bill 4271, which involves reporting requirements for residential mortgage lenders and broker licensees, and House Bill 4356, which would create a misdemeanor offense for child neglect resulting in a substantial risk of bodily injury, were read for the first time.
Four bills were also advanced to third reading today. These bills include: House Bill 4271, House Bill 4239, House Bill 4314 and House Bill 4320. House Bill 4320 relates to the appointment of magistrates, and House Bill 4314 would increase the membership of the West Virginia Board of Osteopathy.
The following meetings will be held this afternoon:
Finance- 1:45 p.m.- 460M
Judiciary- 2:00 p.m.- 410M
Education-2:00 p.m.- 434M
Health and Human Resources- 4:00 p.m.- 410M
The following committees will meet tomorrow morning:
Finance- 9:00 a.m.- 460M
Judiciary- 9:30 a.m.- 410M
The House will reconvene tomorrow morning at 11:00 a.m.