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Senate Receives Committee Reports in Evening Session

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The Senate reconvened at 5:00 p.m. today to hold an evening floor session. Committee reports were received including Senate Bill 327, which would allow cities and other government agencies to title and operate mini-trucks for limited use on public highways with certain restrictions, Senate Bill 672, which would create the Mental Health Stabilization Act of 2009 and Senate Bill 763, which would clarify the Racing Commission’s authority over certain thoroughbred race horses’ registration.

The following committees will meet tomorrow:

Finance – 9:00 a.m. – 451M
Judiciary – 9:00 a.m. – 208W
Transportation and Infrastructure – 10:00 a.m. – 451M

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

Capitol Belongs to the Wild: Legislature Celebrates Wildlife Diversity Day

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Division of Natural Resources (DNR) Wildlife Diversity Day was held at the State Capitol today. Many species of wildlife, some live, some stuffed, and some animatronic were on display to educate the public on animal life in the Mountain State. Species varied from some being native to West Virginia and others originating from all over the globe. Representatives from the DNR as well as other ecologically friendly groups brought educational information, as well as made presentations on how to recognize animals and plants around the state and how to better preserve West Virginia’s natural beauty for generations to enjoy.

Pictured here is a Black Rat Snake which can be found in every county throughout West Virginia. These reptiles are known for their ability to habitate any region. As long as an area can accomodate the simple needs of food and cover, a Black Rat Snake can call that area home. Although the Black Rat Snake can feed on a number of other species, it prefers small mammals such as rats, which is how it got its name. Brave visitors who touched the Black Rat Snake could be seen throughout the halls proudly displaying stickers that read “I Touched a Snake Today.”

Next is Mr. T, a 60-year-old desert tortoise, from the Zoo at Oglebay Park in Wheeling, WV. The desert tortoise, a species of tortoise native to the deserts of the southwestern United States and northern Mexico, can grow from 4–6″ in height and weigh 8–15 lb when fully grown. They also live to be 80-100 years old.

Also pictured (top) is Thunder, a female bald eagle from the West Virginia Raptor Rehabilitation Center in Morgantown, West Virginia. The WVRRC rehabilitates injured birds of prey along with continuing environmental education programs for the general public. As part of their outreach, the WVRRC offers presentations for schools and interest community groups. Thunder has been part of the WVRRC family since December 1992. She was hatched April 28th, 1992 and will be celebrating her 17th birthday next month.

House Honors the Late Tom Searls and 11 Bills Move to Senate

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Fond memories swept over the Chamber as lawmakers adopted House Resolution 43 which commemorates the life of Glenn Thomas “Tom” Searls. An extraordinary reporter, friend, Marshall University alum, and loyal West Virginian, Searls had a passion for news at an early age. Growing up in Marmet, he sold the WV HillBilly and the The Grit door to door and also delivered The Charleston Gazette for which he would later write. In 2005 he was named Journalist of the Year by the West Virginia Association for Justice.

An expert in West Virginia State and small-town politics, Searls was highly respected by his peers. Robert C. Byrd called him a “reporter’s reporter” upon Searls death on August 14, 2008.

After the resolution was presented, the House received messages from the Senate. The House concurred with an amendment on House Bill 3083 which would change the title. The bill would now become the fourth piece of completed legislative action.

Eleven bills passed the House today. House Bill 2702, House Bill 2703 and House Bill 2770 clarify language and provide technical clean-up to existing acts.

Most bills were passed unanimously such as House Bill 2535 which would create a solar tax credit for certain solar energy systems and House Bill 2734 which would guarantee that teachers would receive all of their money back if they transferred from the Teachers Defined Contribution System to the Teachers Retirement System.

House Bill 2567 was passed 93-3 and it relates to filing agency rules with the Secretary of State. The bill would require all agencies, boards and commissions that have rulemaking authority, to file all provisions of proposed rules electronically. Only one nay was recorded when House Bill 2722 passed. The bill would provide a $100 tax credit to certain businesses that are required to reprogram its cash registers because of a change in the food tax. These bills will now go to the Senate for its consideration.

The following committees will meet today:
Finance- 1:30 p.m.- 460M
Judiciary- 2 p.m.- 410M
Education- 3:30 p.m.- 434M

The House is in recess until 5 p.m.

Senate Passes Five Bills, Memorializes Fallen Nicholas County Firefighters

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Today the Senate passed five bills and sent them to the House for their consideration. Senate Bill 425 would require a disclosure highlighting the higher annual percentage rate in any refinancing of a consumer loan or sale that is not secured by residential real estate. Senate Bill 648 would require manual vote counting in certain counties. Senate Bill 650 would make the penalty for accessory-after-the-fact to certain crimes be made a felony.

The Senate read eight bills on second reading. House Bill 2795 would create a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age. Senate Bill 55 would base school nurse ratio on total net enrollment. Senate Bill 336 would change the failure to wear a seatbelt from a secondary to a primary offense.

All bills on first reading were immediately advanced to second reading.

The Senate adopted four resolutions today. Senate Resolution 44 memorialized Nicholas County firefighters Johnnie Hammons and Timothy Nicholas who were killed in the line of duty. Senate Resolution 45 designated March 26, 2009, “WV Home School Day.” Senate Resolution 46 recognized May as “Lyme Disease Awareness Month.” Senate Resolution 47 congratulated North Marion High School girl’s basketball team (pictured) for winning 2009 Class AAA championship.

The following committees will meet today:
Government Organization – 1:00 p.m. – 208W
Health & Human Resources – 1:00 p.m. – 451M
Banking and Insurance – 2:00 p.m. – 208W
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following committees will meet tomorrow:

Finance – 9:00 a.m. – 451M
Transportation and Infrastructure – 10:00 a.m. – 451M

The Senate is in recess until 5:00 p.m.

Senate Passes School Calendar Bill to House

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The Senate reconvened at 5:00 p.m. today to hold an evening floor session to present Senate Bill 249 on third reading. Senate Bill 249 would provide more flexibility to help schools achieve a 180-day curricular year. It passed and will be considered in the House in the coming weeks.

The Senate also received reports from standing committees. Eight of these bills were presented on first reading. Of these, Senate Bill 726 would
create the WV Service Members Civil Relief Act and Senate Bill 744 relates to child custody plans for National Guard or military reserve parents.

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

House Passes Five Bills During Evening Session

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The House met at 5:00 p.m. this evening where they continued business from today’s House Calendar. During this time, five additional bills were passed, bringing the total number of bills passed by the House to 73.

Of those bills passed, House Bill 3086 would permit home incarceration supervisors to carry handguns in the course of their official duties. The bill would require that before such supervisors may carry handguns they must meet specialized qualifications established by the Governor’s Committee on Crime, Delinquency and Correction, including the successful completion of handgun training program and a minimum of four hours training in handgun safety.

House Bill 2884 would establish a public-private state long-term care partnership program with the purpose of reducing Medicaid costs for long-term care, by encouraging the purchase of private long-term care insurance policies. These private insurance policies would be covered under long-term care insurance partnerships with the state.

Eleven bills were advanced to third reading today. Of those bills advanced, House Bill 2470 would exempt all schools, grades k-12, from paying consumer sales tax on items sold by the school.

The following committees will meet tomorrow:
Judiciary – 9:00 a.m. – 410M
Government Organization – 9:30 a.m. – 215-E
Finance – 9:30 a.m. – 460M
Finance – 1:00 p.m. – 460M

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

House Has Passed Over 60 Bills to Date

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Today in the House, seven bill passed, bringing the total number of bills passed by the House to 68. Of those bills passed, House Bill 2413 would raise the upper level age restriction for new hires for certain law enforcement agencies from thirty-five to forty-five years of age.

House Bill 2771 would require contractors to submit documentation that they have complied with the requirements of this article prior to the final payment for their work is made. This bill would define that a contract under this section would have a price floor set at $50,000. The bill would also not require employees who must submit to federal Department of Transportation drug testing to submit to further drug testing under this article. The bill requires a contractor to submit at least once a year documentation to the awarding agency on its drug-free workplace policy.

The following committees will meet today:
Federal Stimulus Utilization – 4:00 p.m. – 460M
Health and Human Resources – 4:00 p.m. – 215-E

The following committees will meet tomorrow:
Judiciary – 9:00 a.m. – 410M

The House is in recess until 5:00 p.m. today.

House Bill 3083 Passes Senate, Reduces Age Limit For Blood Donation

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Today, the Senate passed 10 bills. House Bill 3083 was passed, making it the fourth bill to complete legislative action this session. It would permit blood donations by sixteen-year-olds with parental consent. Senate Bill 493 also passed, which would transfer the central registry for head injuries to the Center for Excellence in Disabilities. Senate Bill 249, which would relate to the annual school calendar, is to be a special order of business during the evening floor session. Senate Bill 493 and Senate Bill 249 will be sent to the House for consideration.

Six bills were presented on second reading today. Senate Bill 436 would update terminology relating to surface mining reporting requirements. Senate Bill 648 would require manual vote counting in certain counties. Only five were advanced to third reading, as Senate Bill 581 was recommitted to the Judiciary Committee.

Twenty-five bills were presented on first reading today. Senate Bill 55 would limits Social Security number requirement in securing state services. House Bill 2795 would create a special hunting and fishing license for persons with a life-threatening condition who are under 21 years of age. These bills have been advanced to second reading, to be presented tomorrow.

The Senate adopted three resolutions today. Senate Resolution 41 celebrates West Virginia Automobile Dealers Day. Senate Resolution 42 congratulated the Lady Bobcats basketball team of Summers County High School for winning the 2009 Class AA championship. Senate Resolution 43 recognizes Behavioral Healthcare Providers Association and Association of Alcoholism and Drug Abuse Counselors.

The following committees will meet today:
Confirmations – 1:15 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The Economic Development Committee will meet immediately after the 5:00 p.m. session.

The following committees will meet tomorrow:

Finance – 9:00 a.m. – 451M
Judiciary – 10:00 a.m. – 208W

Health and Human Resources – 1:00 p.m. – 451M
Banking and Insurance – 2:00 p.m. – 208W
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W
Education – 5:00 p.m. – 451M

The Senate is in recess until 5:00 p.m.

In the Senate

As of 6 p.m. Wednesday, March 25th, 2009, the 43rd day of the Regular Session, 758 bills have been introduced in the Senate. Of those, 73 bills have passed and have been sent to the House of Delegates for its consideration. Some bills passed this week were:

Senate Bill 12 would provide an optional two-year registration period for motorcycles. The Division of Motor Vehicles (DMV) would offer this new option until July 1, 2010. This bill also authorizes the DMV to collect one to two full years of registration fees for motorcycles, depending on the length of the registration.

Senate Bill 249 would require the instructional school term to start on August 21 and would provide greater flexibility for county school boards to meet the 180-day requirement for the school year. The bill would also provide for the scheduling of an additional non-instructional days.

Senate Bill 279 would require industrial facilities to report emergency events within 15 minutes to the Mine & Industrial Accident Emergency Operations Center and local emergency services. This would include explosions, fires or chemical releases. After providing the initial report, the facility would provide additional information to appropriate government officials. When the industrial facility determines the affected area to be safe, the facilities would allow relevant government officials access to the area. This bill would impose a penalty of $100,000 for noncompliance. This bill would require the Director of Homeland Security to work with the DEP, the Fire Marshall and the State Emergency Response Commission to identify industrial facilities that do not submit risk management plans to the U.S. EPA.

Senate Bill 280 would repeal the Prison-made Goods Act of 1939 and create the Correctional Industries Act of 2009 to give inmates and juvenile offenders in correctional facilities a realistic work environment, pay prevailing local wages and enable them to acquire marketable skills. The bill would authorize the Commissioner of the Division of Corrections to enter into contracts with private sector entities for inmate labor to be provided through correctional industries. It would be mandatory that all state offices, departments, institutions and agencies purchase products made by correctional industries rather than purchasing the same products from other sources. The Commissioner would create catalogues and a web site containing the articles and products manufactured and would determine costs. The bill would make the sale of inmate made products on the open market a misdemeanor, except for arts and crafts.

Senate Bill 293 would specify the unauthorized practice of medicine as a felony. Upon conviction, persons would be fined up to $10,000 or imprisoned up to five years. The bill would also enhance criminal penalties where serious bodily injury results from such unauthorized practice. The bill defines serious bodily injury as substantial risk of death; prolonged disfigurement and impairment of health; or loss or impairment of a bodily organ. Convicted offenders would be fined up to $20,000 or imprisoned up to 10 years.

Senate Bill 384 would extend authority to the Secretary of Transportation in highway emergencies. The Secretary of Transportation and his or her designated personnel would respond to the incident to assist with the restoration of traffic flow or with the development and implementation of a traffic diversion plan. Once the scene is declared safe, the control of traffic will be transferred to the Department of Transportation or the appropriate law enforcement agency.

Senate Bill 399 would create lifetime hunting, fishing, and trapping license for senior citizens. The Class XS license would cost $15 and no other payments or fees would be issued. Persons 65 years old before January 1, 2010, are grandfathered in.

Senate Bill 489 would allow the Board of Banking and Financial Institutions to receive compensation for travel expenses. The board meets at least once in each calendar quarter although the commissioner can call additional board meetings with at least 24 hours notice. Members would be reimbursed for all reasonable actual expenses for attending meetings in accordance with the regulations of the State Purchasing Division.

Senate Bill 497 would designate the West Virginia Partnership to Promote Community Well-Being, as the single state planning authority for substance abuse prevention, intervention and recovery. The Partnership would establish a data-gathering system to monitor the social and financial impact of substance abuse in West Virginia. The Partnership would review state laws and rules that control drug and alcohol policies and make recommendations for legislation corresponding to the long-term substance abuse strategic plan.

Senate Bill 501 would prohibit animal euthanization by means of a gas chamber. This bill would allow any county that has a gas chamber in operation to continue to do so if it is operated by a certified animal euthanasia technician The gas chamber would also have to be manufactured, installed and serviced by a legitimate company.

Senate Bill 535 would allow municipalities and county commissions to set the closing times for bars to 2:00 a.m. This bill would require a county to designate the time to cease selling, giving or dispensing alcohol in bars within the area of the county, not within the limits of a municipality. Only a municipality could designate the time to cease selling, giving or dispensing alcohol in bars within the corporate limits of the municipality. This bill does not include racetracks.

Senate Bill 647 would allow any Class IV municipality, town or village to adopt an ordinance to authorize early voting for municipal elections by mail. A ballot packet would be mailed to every registered voter in that municipality at least three weeks before Election Day. The packet would include a secrecy envelope and detailed instructions, including how to properly mark the ballot and return it in the return envelope. Each ballot must be mailed or brought to the municipal precinct by the close of the early voting period.