Blog – Page 313

Senate Recognizes Boys Soccer Team, Passes Two Bills

Senate Floor Session

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February 9, 2011

The Senate reconvened in a brief late morning session to honor the West Virginia Soccer Club Rowdies boys team and pass two bills.

The WV Soccer Club Rowdies boys team was recognized this morning for the their outstanding athletic achievements. The Senate also adopted Senate Resolution 24 designating Feb. 9, 2011 as “Disability Advocacy Day”.

Senate Bill 265 and Senate Bill 438 were passed and communicated to the House for further consideration. Senate Bill 265 would allow for a petition to the circuit court to allow certain offenders to have contact with children, but only when the court finds it in the best interest of the child. Senate Bill 438 would change the election process for magistrates to be elected by division.

Advanced to third reading was 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.

Additionally, the Senate introduced 12 bills, including Senate Bill 470, which would create it a misdemeanor offense of unlawful use of a wireless communication device for nonvoice communication (i.e. texting or Web surfing) while operating a motor vehicle.

The following committees will meet this afternoon:
Finance – 3 p.m. – 451M
Judiciary – 3 p.m. – 208W
Health & Human Resources Sub-Committee on Senate Bill 407 – 4:15 p.m. – 218W
Health & Human Resources Sub-Committee on Senate Bill 408 – 4:15 p.m. – Government Organization Conference Room
Interstate Cooperation – 1 p.m. – 451M

The following committee will meet tomorrow morning:
Finance – 9:30 a.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

Completed Legislation

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February 9, 2011

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Senate Bill 184 will provide that disposition of the remains of a deceased military service member who dies while serving in the United States Armed Forces to be governed by the directives in the United States Department of Defense Record of Emergency Data Form previously completed by the service member.

Senate Bill 200 will correct the names of state institutions of higher education. The bill will correctly name West Liberty State University as West Liberty University.

Senate Bill 342 will appropriate $8 million for the purpose of financing the special elections to fill a vacancy in the office of Governor.

House Bill 2853 will provide for a primary and special election to fill the vacancy in the office of the Governor. The bill would call for the primary election to be held on May 14 and the general election to be held on Oct. 4.

Legislative Deliberations Regarding Marcellus Shale Move Forward

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February 9, 2011

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Legislative Deliberations Regarding Marcellus Shale Move Forward

As the 2011 Regular Session nears its halfway point, the 80th Legislature is continually dealing with many challenging and important issues.

One such complex issue deals with harvesting natural gas from West Virginia’s abundant Marcellus Shale reserves. The Marcellus Shale is a formation of sedimentary rocks that lies under a 95,000-square-mile area that includes part of southwestern New York, most of western Pennsylvania, eastern Ohio and nearly all of West Virginia. Marcellus gas reserves lie between 3,000 feet and 9,000 feet under the land’s surface.

Formed in the Appalachian Basin over 300 million years ago, the Marcellus Shale formation has recently become an economically viable source of natural gas due to technological advances in horizontal drilling and the hydraulic fracturing process. Hydraulic fracturing, or “fracking,” involves injecting a mixture of water and chemicals under high pressure to release the natural gas reserves contained in the shale.

While this industry could potentially provide significant economic benefits to the state, lawmakers are currently grappling with a myriad of issues to ensure that this is done in a balanced manner beneficial to all citizens and stakeholders.

According to a recently published study produced by West Virginia University and the Oil and Natural Gas Association, between 2002 and 2008, West Virginia led the nation in the number of gas drilling permits issued. More than 2,800 permits were issued for new drilling in 45 of the state’s 55 counties.

The industry-funded study focuses on the economic impacts of our growing efforts to extract natural gas from the Marcellus.

In 2009, the study shows, West Virginia’s natural gas industry generated more than $12 billion in business, created more than 24,000 jobs in the state and paid more than $550 million in wages.

The report also notes that it is possible that Marcellus development created between 7,600 and 8,500 additional jobs in West Virginia in 2010. According to the report, by the year 2015, West Virginia could see 19,000 more jobs because of Marcellus development and related activities.

With any new industry the positive economic outlook must be balanced with proper care for the environment and a respect for all citizens’ rights. This industrial process has created many questions for lawmakers to consider with regard to both the environment and landowner rights.

Other advocates contend that tapping into the Marcellus shale field comes at a high cost, ranging from contamination of ground water to damage to local roadways from moving heavy equipment to the drilling sites to infringement on landowners’ rights.

The Legislature is considering how to regulate it responsibly as the U.S. Environmental Protection Agency is examining the fracking process to determine whether it endangers supplies of drinking water.

In order to address some of these concerns through regulation the “Hydraulic Fracturing and Horizontal Drilling Act” was introduced in both the Senate (SB 258) and the House (HB 2878) in late January. This bill came out of extensive work by interim committees during the months leading up to session. The bill is now being considered in the Judiciary Committee of each body. It is a comprehensive bill that will regulate Marcellus Shale development in areas including land use and surface owner rights, water quality and quantity, disclosure of chemicals used in the hydraulic fracturing process and waste management and disposal.

Clearly this is a very complex, detailed and highly important issue. Lawmakers will be hard at work during the second half of this legislative session and beyond to come up with real solutions that strike the appropriate age-old balance between industry, environment and citizens’ rights.

Six Bills Pass Through The House

House Floor Session

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February 9, 2011

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The House passed six bills today and advanced one to third reading for the next floor session. Along with these bills, 21 were introduced.

House Bill 2757 was passed after much debate. This bill would provide for the evaluation of professional personnel in public schools. The evaluations would take place the first three years of the employment of personnel. By the fourth year if the employee has not received any unsatisfactory evaluations, the employee will no longer undergo the evaluations.

A bill that would remove the 12-month limitation on certain agreements was passed. House Bill 2708 would delete the limitation on agreements between or among law-enforcement agencies. This would also permit any existing agreements between different agencies to remain intact unless officially terminated.

House Bill 2936 was passed today in committee substitute form. This bill would change the day of the canvassing votes for the primary election. The date would be changed from the Friday following the election to the Monday following the election.

The House also passed House Bill 2368, House Bill 2663, House Bill 2787, and House Bill 2871. Each bill that was passed will be sent to the Senate for further consideration.

The following committees will meet today:
Political Subdivisions– 1 p.m.- 215E
Constitutional Revisions– 2 p.m.- 410M
Health and Human Resources– 4 p.m.- 215E

The following committees will meet tomorrow:
Finance– 9 a.m.- 460M

The House will reconvene Thursday at 11 a.m.

House Honors Champion Horseback Rider

House Floor Session

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February 8, 2011

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The House celebrated the many achievements of 12-year old Jeffery Brown today.

Along with being an honor roll student and avid band member at Shortline Middle School, Brown has also received many awards for his horseback riding skills. He was the first West Virginia youth to ride the C&O canal and the first West Virginia youth to be on the Best of American by Horseback television program.

Brown also took first place points in the American Competitive Trail Association and is an active member of the Wetzel County Farm Bureau. Brown received this honor for showing a combination of academic excellence and champion sportsmanship.

The House also passed one bill today. House Bill 2864 would create a misdemeanor crime for the first and second degree of unlawful constraint of an individual. The bill outlines the definition of the first and second offense for this crime. The bill was sent to the Senate for further consideration.

House Bill 2787 was sent to third reading for tomorrow’s floor session. The bill was advanced in committee substitute form and would transfer the licensing of private security services from the Secretary of the State to the Division of Criminal Justice Services.

Along with this bill, House Bill 2368, House Bill 2663, House Bill 2708 , House Bill 2757, House Bill 2871 and House Bill 2936 were advanced to third reading for the next floor session.

The following committees will meet today:

Finance– 1:30 p.m- 460M
Judiciary– 1:30 p.m.- 410M

The following committees will meet tomorrow:
Agriculture– 8:30 a.m.- 215E
Veterans Affairs and Homeland Security– 9 a.m.- 460M
Natural Resources– 9:15 a.m.- 215E
Banking and Insurance– 10 a.m.- 215E
Pensions and Retirement– 10 a.m.- 460M
Energy, Industry and Labor, Economic Development and Small Business– 1 p.m.- 460M
Political Subdivisions– 1 p.m.- 215E
Constitutional Revisions– 2 p.m.- 410M
Roads and Transportation– 2 p.m.- 215E
Senior Citizen Issues– 3 p.m.- 215E

The House will reconvene at 11 a.m. on Wednesday.

Bill relating to youth tanning passes in Senate

Senate Floor Session

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February 8, 2011

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Today in the Senate, 13 bills were introduced and three bills passed. Along with those bills, two were on second reading and one was read for the first time.

Among the bills passed was Senate Bill 78, Senate Bill 186 and Senate Bill 195. Senate Bill 78 would require parental consent and accompaniment of a minor to use a tanning device. The bill would provide that minors between the ages of 14 to 17 must present a parental consent form, and minors under the age of 14 must present the consent form, as well as, be accompanied by a parent or legal guardian.

On second reading was Senate Bill 438 and Senate Bill 265, which would give authorization to the Board of Parole, with sentencing court’s concurrence, to modify or waive parolee’s restrictions relating to minors.

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

The following committees will meet tomorrow morning:
Energy, Industry and Mining – 10 a.m. – 208W
Labor – 9 a.m. – 208W

The Senate will reconvene on Wednesday at 11 a.m.

Senate Passes Two Bills

Senate Floor Session

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February 7, 2011

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

Passed this morning was Senate Bill 281, which would make it a crime to put certain types of invasive software on mobile devices not belonging to their owners. Also passed was Senate Bill 349, which would make it a requirement for a bittering agent to be placed in certain engine coolants and antifreezes to prevent the personal injury or death of human beings and animals.

The Senate received a message from the House on its amendment of Senate Concurrent Resolution 17 relating to joint rules of the Legislature. The Senate further amended the resolution, which will now go back to the House for consideration.

Additionally, the Senate introduced 18 bills today including, Senate Bill 447. The bill relates to violations of school attendance requirements.

The Senate read three bills for the second time and two bills for the first time. On second reading was Senate Bill 78, Senate Bill 286 and Senate Bill 195. On first reading was Senate Bill 265 and Senate Bill 438.

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

The following committees will meet Tuesday morning:
Economic Development – 9 a.m. – 451M
Government Organization – 10 a.m. – 208W
Transportation and Infrastructure – 10 a.m. – 451M

The Senate will reconvene tomorrow at 11 a.m.

House Passes Six Bills

House Floor Session

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February 7, 2011

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Today in the House 27 bills were introduced and six bills were passed. Along with those bills, one was sent to third reading for the next floor session.

House Bill 2750 would issue an order to temporarily or permanently end a parent-child relationship in the presence of sexual assault. This bill would allow a judge to make sexual assault or sexual abuse an additional consideration when deciding whether to remove a child from a home. This bill was sent to the Senate for further consideration.

A bill that would authorize the Board of Barbers and Cosmetologists to require licensing was also passed. House Bill 2503 would provide that these licenses be present for government identification and would authorize the board to retain all the information. The Senate will further discuss this bill.

House Bill 2752 would increase the maximum age for persons applying for appointment for the police force. This bill would increase the age from 35 to 40 years old for persons applying for a position on the police force in a Class I or Class II city. The bill was sent to the Senate for review.

Along with these bills, Senate Bill 200 and House Bill 2860 were also passed. House Bill 2864 was sent to its third reading for the next floor session.

The following committee meetings will meet today:
Finance– 1:30 p.m.- 460M
Judiciary– 1:30 p.m.- 410M
Finance– 4 p.m.- House Chamber
Health and Human Resources– 4 p.m.- 215E

The following committees will meet tomorrow:
Finance– 9 a.m.- 460M
Judiciary– 9 a.m.- 410M

The House will reconvene tomorrow at 11 a.m.

House Passes Five Bills

House Floor Session

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February 4, 2011

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Today in the House five bills were passed and six were sent to third reading on the floor.

Among those bills, the House adopted Senate Concurrent Resolution 17, which sets up joint rules for both chambers. The House adopted this resolution with an amendment to define the term “presiding officer”. This amended bill will be sent back to the Senate for their review.

House Bill 2562 was passed today in the House in committee substitute form. This bill would legalize the sport of mixed martial arts in West Virginia. The bill also specifies the licensing and regulatory procedures of the sport.

A bill that would require the West Virginia Enhanced 911 Council to propose procedures was passed as well. The committee substitute for House Bill 2013 would set up procedures dealing with Emergency Medical Dispatch.

The House also passed Senate Bill 184. This bill is now completed and is awaiting the Governor’s signature. Senate Bill 342 was passed by the House, with an amendment. This bill was sent back to the Senate for their consideration.

The following committee will meet today:
Finance– 12:30 p.m.- 460M

The following committees will meet Monday:
Finance– 1:30 p.m.- 450M
Finance– 4:00 p.m.- House Chambers
Health and Human Resources– 4:00 p.m.- 215E

The House will reconvene at 11:00 a.m. on Monday.

Senate Introduces 21 Bills

Senate Floor Session

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February 4, 2011

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Today, the Senate met in a brief late morning session introducing 21 bills, which were then sent to respective committees for further consideration.

One of the bills introduced was Senate Bill 426, which would require that a judge grant permission before releasing juror information after a trial.

There were three bills read for the first time including, Senate Bill 78, Senate Bill 186 and Senate Bill 195.

Additionally, on second reading was Senate Bill 281 and Senate Bill 349, which were both advanced to third reading. Senate Bill 281 would make it a crime to put certain types of invasive software on mobile devices not belonging to their owners.

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

The following committees will meet Monday morning:
Military – 10 a.m. – 208W
Natural Resources – 1 p.m. – 208W
Pensions – 2 p.m. – 208W

The Senate will reconvene Monday at 11 a.m.