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Senate Honors Culture and History Commissioner


The Senate reconvened this morning and passed Senate Resolution 47 honoring the WV Commissioner of Culture and History, Randall Reid-Smith. Smith, a former tenor in the opera, treated the members to a heart warming rendition of The West Virginia Hills. Smith was honored for his outstanding public service.

Members of the Senate presented two bills for third reading. Senate Bill 677 was recommitted to the committee on Education and House Bill 4026 was laid over one day and will be on third reading tomorrow. Additionally, members presented one bill for second reading. House Bill 4652, which would establish a school calendar committee for each county, was also laid over and will be on second reading tomorrow.

The following committees will meet today:


Health & Human Resources-1 p.m. 451M
Education-2 p.m. 451M
Finance-3 p.m. 451M
Judiciary-3 p.m. 208W

The following committees will meet tomorrow:


Economic Development-9 a.m. 451M
Military-10 a.m. 208W


The Senate will reconvene tomorrow at 11 a.m.

Police Chief Reinstatement Bill Passes House

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The House reconvened today at 11 a.m. and passed Senate Bill 89 with a title amendment, which will be reconsidered by the Senate.

The bill would mandate reinstatement of chiefs and deputy chiefs to previously held positions within the paid police department after their term as chief has expired. It would also allow for the appointment of a deputy chief of police if city councils approve the position.

Additionally, eight Senate bills were advanced to third reading. Bills advanced included Senate Bill 349 , which would require licensed or registered child care centers to have an annually updated, written plan for evacuation in the event of an emergency.

Update: The House reconvened today at 5:30 p.m. to receive reports from House committees.

The following committees will meet today:
Judiciary- 1:30 p.m. 410M
Finance- 2 p.m. 460M
Roads and Transportation- 3 p.m. 215E
Health and Human Resources- 4 p.m. 215E

The following committees will meet tomorrow:
Veterans Affairs and Homeland Security- 8:30 a.m. 252M
Pensions- 9 a.m. 460M
Judiciary- 9 a.m. 410M
Natural Resources- 9:15 a.m. 215E
Government Organization- 30 min. after session- 215E
Finance- 1 p.m. 460M

The House will reconvene tomorrow at 11 a.m.

House Passes 42 Bills on Crossover Day

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The House reconvened today at 2:30 p.m. and passed 33 bills during the afternoon session.

The House passed House Bill 4666, which would establish a grant program for substance abuse prevention. The Legislature wants to take “bold, aggressive action” against substance abuse. It also would create a special revenue account known as the “Prevention, Intervention, Treatment and Recovery Fund”, which would consist of gifts, grants, bequests, transfers, appropriations or other donations.

An amendment was made to the bill which created an additional position on the Alcohol and Drug Disbursement Board to be held by a member of the “recovered community.”

Also included in bills passed were House Bill 4485, which would increase penalties for passing a stopped school bus, and House Bill 4167, which would allocate five percent of coal severance taxes to the counties from which the resource originated.

Today was “crossover day” for the Legislature, meaning that all bills had to be out of the chamber from which they originated to continue in the legislative process. The House passed 42 bills today, and a total of 137 bills have been sent to the Senate for further consideration during this session.

The following committees will meet tomorrow:
Roads and Transportation- 9:15 a.m. 215E
Senior Citizen Issues- 10 a.m. 215E
Rules- 10:45 a.m. Speaker’s Office
Judiciary- 1 p.m. 410M
Finance- 2 p.m. 460M

The House will reconvene tomorrow at 11 a.m.

Senate Passes 54 Bills Prior to Crossover Deadline


The Senate reconvened this afternoon, suspended the Constitutional Rules and passed three bills. The first Senate Bill 70 would clarify in the Code that municipalities and counties are able to increase the rate of property taxes by more than 10% in a given year when counties and municipalities have had an election relative to the issuance of general revenue bonds. Senate Bill 467 would revise classification and compensation plans for certain civil services employees and, Senate Bill 698 which would relate to mini-trucks registration and certificate of title requirements.

Other bills passed this afternoon included Senate Bill 550 which would establish a driver’s license restoration program for persons who drivers’ license has been canceled, suspended or revoked and, Senate Bill 557 which would clarify the procedures for fulfilling vacancies in the Legislature. Also passed this afternoon was Senate Bill 574 which would make December 7th a special memorial day, known as Pearl Harbor Day to honor all West Virginians who fought in WWII.

Additionally, seven Senate bills were presented for second reading.

The following committees will meet tomorrow:


Judiciary-10 a.m. 208W
Education-2 p.m. 451M
Finance-3 p.m. 451M


The Senate will reconvene tomorrow at 11 a.m.

Senate Passes Bill to Help Pharmacists Control Substance Abuse

The Senate reconvened to pass 23 bills, including Senate Bill 81, which would create the West Virginia Official Prescription Program Act, Senate Bill 427, which would rename and reorganize Parkways, Economic Development and Tourism Authority and Senate Bill 130, which would make the failure to wear a safety belt a primary offense.

Senate Bill 373,which would create the Caregivers Consent Act, was put at the foot of the calendar and Senate Bill 486,which would create the Asbestos Claims Disclosure Act, was recommitted to the Judiciary committee.

Today, the 50th day of session, is Crossover Day in the Legislature, meaning bills have to be out of their house of origin. The joint rule does not apply to budget bills or supplementary appropriations.


The Senate will reconvene at 2 p.m. today.

House Passes Bill Funding WV Supreme Court Candidates

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Beginning a busy day of legislative activity, the House started by passing nine bills, including one that would publicly fund campaigns for the West Virginia Supreme Court of Appeals.

The funding for House Bill 4130 would come from an increase in fees from filing civil actions as well as from filing appeals and petitions in the West Virginia Supreme Court of Appeals.

Other bills passed included House Bill 4359, House Bill 4397, House Bill 4504, House Bill 4513, House Bill 4525, House Bill 4669 and House Bill 3152.

In other action, the House also concurred with Senate amendments regarding House Bill 4128, passed the bill and sent it to the Governor for his approval.

The following committees will meet today:
Veterans Affairs and Homeland Security- 12:45 p.m. 432M
Rules- 2:15 p.m. Speakers Office

The following committees will meet tomorrow:
Political Subdivisions- 8:30 a.m. 215E
Energy, Industry & Labor/ Economic Development & Small Business- 8:30 a.m. 460M
Health and Human Resources- 4 p.m. 215E

The House will reconvene today at 2:30 p.m.

In the Senate

As of 4 p.m., Wednesday March 3, 2010, the fiftieth day of the 79th Legislature’s 2nd Regular Session, 701 bills have been introduced in the Senate. Of those, 189 passed and have been sent to the House for consideration. The bills passed include:

Senate Bill 81 would create the West Virginia Official Prescription Program. The bill would establish prescription rules and requirements, including the requirement for all prescriptions to be written on an official tamper-proof form. The bill would require that prescription pads with tracking numbers be authorized to practitioners.

Senate Bill 118 would establish a requirement of parental consent for minors wishing to use tanning devices. Minors under the age of 14 must be accompanied by a parent or guardian when using a tanning device and minors ages 14 to 18 must have parental consent in the form of a signed statement before using a tanning device.

Senate Bill 130 would make the offense of failing to wear a safety belt a primary offense. The bill would lower the fine for committing this offense.

Senate Bill 175 would change the law relating to the purchase, sale, possession and use of fireworks. Among changes, the bill would provide for no local government regulation over consumer fireworks but instead be overseen by the State Fire Marshall who also would establish a Fireworks Safety Fund.

Senate Bill 219 would establish a Fleet Management Office within the Department of Administration. The bill would remove agency exemptions from the rules of the department relating to traveling. The department would also authorize emergency rules.

Senate Bill 225 would create the Spay Neuter Assistance Fund. This fund would be a special revenue account created in the State Treasury and would consist of gifts, donations and any additional appropriations by the Legislature. The money would be used to fund spay neuter programs throughout the state.

Senate Bill 394 would allow the Division of Motor Vehicles to use an electronic insurance verification program for the purpose of identifying uninsured motor vehicles. The bill would establish an online verification program that would apply to all non-commercial vehicles.

Senate Bill 398 would prohibit the landfill disposal of certain electronic devices. These devices would include computers, monitors and televisions. If passed, the bill would take effect January 2, 2011. The Solid Waste Management Board is to determine proper disposal procedures.

Senate Bill 446 would clarify that surviving spouses and dependents of deceased public employees are entitled to participate only in comprehensive group health insurance plans.

Senate Bill 457 would repeal many outdated laws, including prohibiting wearing hats in theaters, displaying red or black flags and cohabitation. The bill would also repeal the prohibition of engaging in certain labor activities on Sundays and swearing in public.

Senate Bill 507 would provide a tax credit to coal companies that purchase approved innovative safety technology. This list of technologies would be compiled by the Mine Safety Technology Task Force and approved by the director of the West Virginia Office of Miners’ Health, Safety and Training. The bill would also establish criteria for what qualifies technology to be approved.

Senate Bill 518 would create a Governor’s Commission to Seize the Future of Energy for America. The commission would work with the President of the United States to research and create strategies in relation to utilizing the resources of West Virginia. The commission would be responsible for articulating West Virginia’s position on a solution for energy sources for the United States.

Senate Bill 574 would establish December 7 as “Pearl Harbor Day” to honor all West Virginia veterans who fought in World War II.

In the House

As of 4 p.m., Wednesday, March 3, 2010, the 50th day of the 79th Legislature’s 2nd Regular Session, 1377 bills have been introduced in the House. Of those, 137 passed and have been sent to the Senate for consideration. The bills passed include:

House Bill 2542, the Jason Flatt Act of 2010, would require teachers, principals and school service personnel having direct contact with student to successfully complete at least two hours of suicide prevention education every school year.

House Bill 4161 would create an Office of Minority Affairs within the governor’s office. This office would be a forum to discuss issues and make recommendations regarding programs and services for West Virginia’s minorities. It would also award grants, loans and loan guaranties for minority affair programs and activities in the state.

House Bill 4177 would give five percent of coal severance tax to the county in which the coal originated. The money generated could be used by the county commissions for economic development, infrastructure, job creation and road repair.

House Bill 4207 would make it illegal to send obscene, anonymous, harassing and threatening communications by digital means. The first and second offenses would be misdemeanors and the third offense would be a felony. Upon conviction, the felony would be punishable by up to two years in prison and a $5,000 fine.

House Bill 4387 would establish the Flexible Leave Act. Under this act, employees would be able to use paid sick leave to care for ill members of their immediate families. It would prevent employers from giving disciplinary action when employees must stay home to take care of immediate family members.

House Bill 4521 would create a gun and ammunition tax holiday for the first weekend of October. The holiday would be known as “The Second Amendment Appreciation Act” and would exempt all firearms from sales tax throughout that particular weekend.

House Bill 4534 would increase the criminal penalty for failing to stop and assist after a motor vehicle accident. This legislation, called “Erin’s Law,” would create a mandatory one to three year imprisonment as well as a fine up to $5,000 upon conviction.

House Bill 4557 would require the Legislative Oversight Commission on Health and Human Resource Accountability to review Department of Health and Human Resources’ requests for proposals and change orders valued at $500,000 or more.

House Bill 4646 would require corporations to allow their shareholders to vote on financial decisions regarding political expenditures. It would also require that all expenditures be clearly reported to all shareholders.

Completed Legislation

(Week of Feb. 25 – March 3, 2010)
Senate Bill 477 will establish a centralized filing system for reports required to be filed with the Legislature, Legislative Manager, Legislative Auditor, the President of the Senate and the Speaker of the House of Delegates, or the Joint Committee on Government and Finance and require the reports to be filed electronically.

Senate Bill 548 will extend the time for the Board of Education of Boone County to meet as a levying body to present to the voters of Boone County the question of renewing an excess levy for schools.

House Bill 4037 will allow the State, any political subdivision of the State, and any other authorized governmental entity to issue “federal subsidy bonds.” A “federal subsidy bond” is financial aid given by the government, which will be exempt from taxes. The bill includes within the definition of federal subsidy bonds certain “Build America Bonds” authorized under the American Recovery and Reinvestment Act of 2009.

House Bill 4128 will adopt recent amendments to the National Association of Insurance Commissioners (NAIC) model regulation concerning the standards to be considered by the Insurance Commissioner in determining whether an insurer is in hazardous financial condition and to revise the corrective actions that the Commissioner may require of an insurer.