Blog – Page 312

Senate Passes Primary Offense Seatbelt Bill

Senate Floor Session

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February 14, 2011

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Today in the Senate, one resolution was adopted and five bills were passed in a late morning chamber session.

In addition, a quartet of the Senate doorman, known as The Happy Valley Voice, performed.

Senate Resolution 25 was adopted and designated February 14, 2011 “Corrections Day.”

Five bills were also passed today, including Senate Bill 337, which would change the offense of failure to wear a safety belt to a primary offense and House Bill 2537, which would include special rules permitting suppliers of gasoline or other motor fuels to sell product to distributers at a price not to exceed the average of the Oil Price Information Service’s average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia and Pittsburgh, Pennsylvania wholesale racks for the previous day during a state of emergency.

Additionally, nine bills were introduced. A sampling includes Senate Bill 503 which would provide that adultery is a bar to receiving alimony in a divorce proceeding and allows an adjustment to be made if a party learns of adultery after entry of divorce decree and Senate Bill 508, which would allow Class A retail licenses, as defined in chapter 60, Article 3A, section 4, or freestanding liquor retail outlets the ability to conduct responsible liquor sampling events on days of the week, other than Sunday.

The following committees will meet today:
Judiciary – 3 p.m. – 208W
Finance – 3 p.m. – 451M
Health and Human Resources – 1 p.m. – 451M
Agriculture – 2 p.m. – 451M
Pensions – 2 p.m. – 208W
Natural Resources – 1 p.m. – 208W

The following committees will meet tomorrow:
Transportation and Infrastructure – 10 a.m. – 451M
Education – 2 p.m. – 451M
Government Organization – 10:15 a.m. – 208W
Economic Development – 9 a.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

Supplementary Appropriations Bill Completes Legislation in House

House Floor Session

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February 14, 2011

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This morning, the House of Delegates passed nine bills after reading them for a third time. One of those bills was Senate Bill 255, which makes supplementary appropriation of unappropriated moneys to various accounts. This bill now awaits the Governor’s signature. Another was House Bill 2161, which would create the Herbert Henderson Office of Minority Affairs.

The House also adopted House Resolution 21, which designates February 14, 2011 as “Corrections Day.”

Additionally, nine bills were read for a first time and advanced to second reading on tomorrow’s House calendar, including House Bill 2949, which would provide definitions of “low income” for purposes of property tax relief programs.

Nine bills were introduced and referred to the appropriate committees for further consideration. One of those bills was House Bill 3120, which would establish the Keep Jobs in West Virginia Act.

The following committees will meet today:
Education – 1:30 p.m. – 434M
Finance – 1:30 p.m. – 460M
Judiciary – 1:30 p.m. – 410M
Judiciary Subcommittee A – immediately following Judiciary Committee – 410M
Health and Human Resources – 4 p.m. – 215E

The following committees will meet tomorrow:
Finance – 9 a.m. – 460M
Judiciary Subcommittee A – 9 a.m. – 252M
Judiciary Subcommittee B – 9 a.m. – 410M

The House will reconvene tomorrow at 11 a.m.

Senate Commemorates Passed Colleagues

Senate Floor Session

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February 11, 2011

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Today the Senate honored the lives of two former colleagues who recently passed this week.

Ralph Williams, a former Senator from Greenbrier County, served 16 years and chaired such committees as Finance, Banking and Insurance and Natural Resources.

Kathy Lark, a former secretary, ran for House of Delegates at one point in time and was affectionately known as “Queen of the Secretaries.”

Several Senators spoke in their honor.

10 bills were also introduced today, including Senate Bill 492, which would maximize federal funding for Medicaid by establishing a hospital Medicaid upper payment level program for a two-year plus period and increase the health care provider tax imposed on gross receipts of providers of certain eligible acute care hospitals. Additionally, Senate Bill 494, which would provide additional protections for state forests and other public lands where timbering operations are conducted

The following committees will meet Monday, February 14:
Military – 10 a.m. – 208W
Natural Resources – 1 p.m. – 208W
Pensions – 2 p.m. – 451M
Agriculture – 2 p.m. – 451M

The Senate will reconvene Monday, February 14 at 11 a.m.

House Concurs with Senate, Joint Rules Adopted

House Floor Session

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February 11, 2011

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This morning, the House of Delegates concurred with a Senate amendment and adopted Senate Concurrent Resolution 17, which establishes joint rules between the Senate and House.

Eight bills were read for a second time and advanced to third reading on Monday’s House calendar. One of those bills is House Bill 2161, which would create the Herbert Henderson Office of Minority Affairs.

The House also adopted 15 resolutions, which would dedicate bridges throughout the state.

Additionally, the House presented a citation honoring the Woodrow Wilson High School marching band for its achievements awarded for performing at the Gator Bowl earlier this year.

The following committee will meet today:
Judiciary – 1:30 p.m. – 410M

The House will reconvene Monday at 11 a.m.

Firefighters Fly ‘Patriot Flag’ at Capitol

Around the Capitol

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February 10, 2011

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Today, members of Charleston’s Station No. 2 Fire Department pulled fire engines onto the State Capitol Complex grounds to lift an American flag honoring the victims of the September 11, 2001 terrorist attacks.

The memorial Patriot Flag is being flown in all 50 states over a period of 50 weeks. There is also a replaced piece of the flag that spectators may sign that will hang in a museum at Ground Zero in New York City.

Lieutenants Marshall McDaniel and Erik Dailey from the Charleston Fire Department were on hand to represent the state firefighters.

Senate Passes Bills on Tax Reform

Senate Floor Session

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February 10, 2011

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Today, the Senate met in a brief late morning session and passed six bills. They will now be communicated to the House for further consideration.

The tax reform bills passed included Senate Bill 205, which would update the meaning of “federal taxable income” and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning under the Internal Revenue Code for federal income tax purposes and Senate Bill 215, which would update the meaning of “federal adjusted gross income” and certain other terms used but not defined in the West Virginia Personal Income Tax Act by bringing them into conformity with their meanings under the Internal Revenue Code for federal income tax purposes.

Additional bills passed included Senate Bill 196, which would make it a crime to rob or attempt to rob a person under the pretense of having a deadly weapon, Senate Bill 338, which would permit the state to opt out of a federal statute that would otherwise not allow an individual living in the state who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act and Senate Bill 385, which would remove an antiquated section of the criminal code that provides for a lower penalty for assault or battery on an athletic official than for assault or battery on a member of the general public.

The Senate also amended Senate Concurrent Resolution 17, which would establish joint rules between the two chambers. The resolution will now be sent to the House.

11 bills were also introduced today, including Senate Bill 488, which would repeal the authority of the Department of Corrections to conduct AIDS related study and provide for AIDS-related testing and confidentiality of records; amend definitions; relate to who may request testing; require confidentiality of records; and provide when disclosure is permitted.

The following committees will meet today:
Finance – 3 p.m. – 451M
Judiciary – 3 p.m. – 208W
Education – 2 p.m. – 451M
Health and Human Resources – 1 p.m. – 451M

Additionally Banking and Insurance Sub-Committee B will meet at 2 p.m. in room 208W

The following committees will meet Tuesday:
Economic Development – 9 a.m. – 451M
Transportation and Infrastructure – 10 a.m. – 451M
Education – 2 p.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

House Passes Autism Insurance Coverage Bill

House Floor Session

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February 10, 2011

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This morning, the House of Delegates passed House Bill 2693 after adding an amendment on the floor. This bill would require insurance coverage for autism spectrum disorders.

Additionally, the House adopted House Concurrent Resolution 64, which requests the Governor to take suitable public notice on Saturday, August 27, 2011, and on the fourth Saturday of August of each succeeding year thereafter, of “First Responders Appreciation Day.”

The House introduced 13 bills, including House Bill 3099, which would enact the Marcellus Gas and Manufacturing Development Act of 2011 which would encourage and facilitate the development of oil and gas wells and the downstream uses of natural gas in this state and economic development in this state associated with production and various downstream uses.

After this, eight bills were read for a first time and advanced to second reading on tomorrow’s House calendar. One of those bills was House Bill 2922, which would establish the felony offense of causing serious bodily injury to another person by a person who is driving under the influence of alcohol, controlled substances or other drugs.

The following committees will meet today:
Judiciary – 1 p.m. – 410M
Finance – 1:30 p.m. – 460M
Government Organization – 1:30 p.m. – 215E
Education – 2 p.m. – 434M
Education Subcommittee B – 3 p.m. – 434M

The House will reconvene tomorrow at 11 a.m.

Vol. XXII Issue 4

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February 9, 2011

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In the House

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February 9, 2011

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As of 4 p.m., on Wednesday, February 9th, 2011, the 29th day of the 80th Legislature’s 1st Regular Session, 1086 bills have been introduced and have passed 44. Of those, 13 passed this week and have been sent to the Senate for further consideration. The bills passed by the House this week include:

House Bill 2013 would increase the training that a dispatcher must have to work at a 911 center, adding a new 40 hour course in “emergency medical dispatch.” The bill further would require each dispatch center to develop protocols for dispatching their emergency medical calls.

House Bill 2368 would require the Board of Barbers and Cosmetologists to establish an apprenticeship program. This bill would update the existing system for training and procedures relating to the practice of beauty care.

House Bill 2503 would authorize the Board of Barbers and Cosmetologists to require government identification to be presented prior to issuance of licenses. The bill also authorizes the board to retain all information regarding licensees.

House Bill 2562 would move the State Athletic Commission under the Lottery Commission to assist in administrative functions. The bill would also make mixed martial arts a licensed sport with regulations set forth by the State Athletic Commission.

House Bill 2663 would require the Public Service Commission to be present in hearings in which it has retained the right to serve as the initial fact finder in the case. This would include any associated public protest hearings.

House Bill 2708 would remove the 12-month limitation on the length of agreements between law-enforcement agencies. Rather than expiring after a year, agreements under this proposed bill would remain in effect unless and until the agreement is changed or withdrawn by the head of one of the law-enforcement agencies.

House Bill 2750 would make the commission of sexual assault a consideration when issuing the permanent or temporary end to a parent-child relationship. This bill would allow a judge to take into consideration sexual assault or sexual abuse when deciding whether or not to remove a child from the home.

House Bill 2752 would increase the age of persons applying for appointment to a position on a police force within certain cities. The age would be increased from 35 to 40 years old. This increase will pertain to any person(s) applying for a position in a Class I or Class II city.

House Bill 2757 would provide for the evaluation of professional personnel within the public school systems. This bill would require the State Board of Education to establish a task force to address rule changes for personnel evaluations. The bill would also require the state board to report the evaluations to the Legislative Oversight Commission on Education Accountability.

House Bill 2787 would transfer the licensing of private investigators and security guards from the Secretary of the State to the Division of Justice and Community Services. All procedures, rules and regulations for these professions would be transferred to the Division of Justice.

House Bill 2864 would create a misdemeanor crime of unlawful restraint in the first or second degree. First-degree unlawful restraint would be considered intentionally restraining someone by use without proper authority. This would carry a maximum sentence of one year in jail and a $500 fee. Second-degree restraint is defined in this bill as restraint based on intimidation. This crime would carry a maximum of six months in jail and a $100 fine.

House Bill 2871 would provide that the Brownfield Economic Development districts comply with local planning laws. This compliance must take place before an application for such districts would be approved.

House Bill 2936 would change the date of the canvassing votes in a primary election. This bill would change the date from the Friday following a primary election to the Monday following a primary election.

In the Senate

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February 9, 2011

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As of 4 p.m. Wednesday, February 9, 2011, the 29th day of the 80th Legislature’s first Regular Session, 479 bills have been introduced in the Senate. Of these, 24 passed in the Senate and have been sent to the House for its consideration. The bills passed by the Senate this week include:

Senate Bill 78 would require parental consent and accompaniment for a minor using a tanning device. The bill would require minors between the ages of 14 to 17 to present a parental consent form, and minors under the age of 14 must present the consent form, and also be accompanied by a parent or legal guardian.

Senate Bill 186 would establish the West Virginia State Police as the entity that is authorized to issue administrative subpoenas to Internet service providers in cases of suspected child pornography. This bill gives the West Virginia State Police the authority to define offenses and set penalties and fees.

Senate Bill 195 would adjust the requirements for an individual to become a magistrate. The bill would require magistrates to possess a bachelor’s degree, an associate’s degree in criminal justice or at least four years of prior experience as a magistrate. The bill would go in effect in 2014.

Senate Bill 254 would make a supplementary appropriation of federal funds to the Development Office and the Division of Human Services – Energy Assistance.

Senate Bill 255 would make supplementary appropriations of remaining moneys to various accounts, such as the Governor’s Office, DHHR, Division of Rehabilitation Services, amoung other agencies.

Senate Bill 256 would require sex offenders to verify their e-mail and other online identities in the same way as they register their physical address.

Senate Bill 281 would make it a crime for a person to put certain types of invasive software such as, spyware or a virus, on mobile devices of another person without his/her consent or knowledge.

Senate Bill 349 would make it a requirement for a bittering agent to be placed in certain engine coolants and antifreezes to prevent personal injury or death of human beings and animals. If implemented, violation of this bill would be considered a misdemeanor.

Senate Bill 438 would change the election process for magistrates to be elected by division.

Senate Bill 265 would allow certain offenders to have contact with children, but only when the court finds it in the best interest of the child.

A Sampling of Bills Introduced In the Senate

Senate Bill 338 would authorize the state to opt out of a federal statute that would otherwise not allow an individual living in the state who has previously been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.

Senate Bill 419 would create the “Health Care Choice Act” by seeking to increase the availability of health insurance coverage by allowing insurers authorized to sell insurance in Kentucky, Ohio, Maryland, Pennsylvania and Virginia to issue accident and sickness policies in West Virginia.

Senate Bill 429 would provide educational scholarships for the children of war veterans. The scholarship would include tuition, institutional fees and standard room and board allowance. The bill would provide that the West Virginia Division of Veterans’ Affairs administer the scholarship program.