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In the House

As of 4 p.m., Wednesday, March 11th, 2009, the 29th day of the 79th Legislature’s 1st Regular Session, 1,080 bills have been introduced in the House of Delegates. Of those, 27 have passed and have been sent to the Senate for its consideration. Some of those bills passed were:

House Bill 2412 would allow a County Commission with a planning commission the same power and authority to make ordinances regarding the location of businesses offering exotic entertainment as currently exists in counties that have no planning commission.

House Bill 2421 would require that inoperable fire hydrants be painted black and be immediately reported to emergency dispatch centers. The owner or operator of any fire hydrants could also place a black tarp over the hydrant, instead of painting it, for no more than two weeks after contacting a dispatch center.

House Bill 2474 would exempt land-based finfish aquiculture facilities from regulation under the Solid Waste Management Act sludge requirements.

House Bill 2701 would clarify criminal penalties for escaping from the custody of the director of juvenile services. The bill would make the escape from community-based staff secure facilities a misdemeanor offense and escape from hardware-secure detention centers and juvenile correctional facilities a felony. If the person escaping were under the age of 18, the court of original jurisdiction would retain jurisdiction.

House Bill 2719 would amend the definition of “non-intoxicating beer” to allow beer distributors to carry “craft beer,” which are specialty beers and other products which include higher alcohol content by natural fermentation techniques.

Sampling of Bills Introduced in the House

House Bill 2955 would remove West Virginia University Institute of Technology from the merger with West Virginia University and return it to its former status as a singular state institution of higher education.

House Bill 2960 would require the West Virginia Department of Environmental Protection to develop specific standards to control levels of total dissolved solids in the state’s rivers and streams. This would include carrying out the purposes and requirements of the Federal Water Pollution Control Act.

House Bill 2974 would abolish automatic one-vote straight ticket voting in all general and special elections within West Virginia.

House Bill 2980 would establish the “West Virginia Energy Efficiency Act.” The bill would provide the Public Service Commission (PSC) with the authority to require electric and gas utilities to develop and implement plans for the efficient use, conservation and reduction of energy usage.

The bill would require electric utilities to submit plans for reaching certain goals, provide for revenue sharing and the opportunity for financial incentives for gas and electric utilities to establish energy saving programs. The bill would require the PSC to file usage reports and the results of studies concerning the feasibility of additional demand reduction targets beyond 2015 with the Legislature.

House Bill 2984 would give county school superintendents more flexibility and ease in placing service personnel workers in positions of need on a day-to-day basis.

House Bill 2985 would require county boards of education to provide parents or guardians of children diagnosed with a visual or auditory impairment with information about the West Virginia Schools for the Deaf and the Blind, as the academic curriculum may be a more suitable option for the child.

House Bill 2995 would prohibit drivers from using a handheld cellular telephone, a personal digital assistant or similar device to send a text message while driving a car. Convicted violators would be guilty of a misdemeanor and would be fined from $100 to $500.

House Bill 2996 would require bank transactions involving savings and checking accounts to be posted at the time of the transaction.

House Bill 3002 would establish the Health Care Freedom Act. It would give people the right to enter into private contracts with health care providers for services and to purchase private health care coverage. The bill would not require any person to participate in any health care system or plan, nor would it impose a penalty or fine of any type, for people choosing to obtain or decline health care coverage or for participation in any particular health care system or plan.

House Bill 3031 would protect educators employed by West Virginia public higher education institutions from being disciplined, denied employment or denied tenure based upon the content of his or her speech, research or writing related to his or her academic employment. This bill does not limit an institution’s rights to set and enforce standards for academic scholarship, research methods and practices.

House Bill 3064 would allow people 65 years of age or older to be admitted to athletic and other extracurricular activities of secondary schools without payment of admission fees if there is space available at the event or activity.

Completed Legislation

Senate Bill 403 will make supplemental appropriations from the State Road Fund to The Department of Transportation. The overall effect of this bill is a net increase in spending authority by $124 million.

Legislative Offices Reflect History and Culture of the Mountain State

Maya Angelou once wrote, “I long, as does every human being, to be at home wherever I find myself.” That sentiment is especially true in the halls of our State Capitol where 134 lawmakers currently find themselves in the middle of the annual 60-day legislative session.

With our lawmakers being required to spend so much time in Charleston, it’s only natural that their offices contain many personal and symbolic icons representing their home districts. A quick look inside just a few of these offices reveals an eclectic mix of items representing many different cultures, industries and universities from throughout West Virginia.

So come along through the halls with me and let’s see what we can find. As we walk through the offices of the House in the East Wing, and the Senate in the West Wing, we see many of the items from home that you would expect. We can see that most lawmakers have pictures of their families, relatives from years gone by, and even pictures of themselves with various figures from both state and national politics.

We quickly notice that homemade quilts are another typical decorative theme in the halls of the Capitol. They represent the hand-made craftsmanship that is so important to all of West Virginia and they can be found in many lawmakers’ offices and various committee rooms throughout the building.

However, as routine as those items might be, a little bit of exploring reveals some things that are interesting and extremely out of the ordinary. For instance, would you ever expect to open the door to one of your state lawmaker’s offices and come face to face with a stuffed bison head sporting a Marshall University hat?

Well, that’s precisely what happens when we walk into the delegate’s office from the 15th District. While the bison does, in part, represent the delegate’s affection for the major university in her district, it also references business in West Virginia, and specifically, the bison farm that she owns.

Fear not Mountaineer fans, it’s far from just a green and white theme in the Capitol. Come along down the hall to the office of the delegate from the 13th District and you will see a picture of Mountaineer Field proudly displayed. For those of you that straddle the fence between both of our state’s major universities, the Senator from Boone County is your man.

As we head across the way to visit him in the West Wing, we will find the Senator from the 7th District reaches across the aisle to both schools, proudly displaying both WVU and Marshall memorabilia in his office. Since we came all this way, history buffs would also be remiss not to check out his map of Boone County from 1911, as well as his pictures of various southern West Virginia coal camps from years gone by.

Staying on the Senate side, we wander into the Senator’s office from the 11th District and we immediately see a proud history of public service on display. This Senator is the fourth in a proud family of politicians, and he prominently displays his father, grandfather and great-grandfather on his wall. We also get a look at the Bible of his great-grandfather, who was a minister as well as a Senator. The Bible, which dates back to 1814, lists various family genealogies in the front and is the Bible that the Senator always uses when being sworn into office.

We head over to the Senator’s office from Hancock County and we see pictures of his steel mill that used to employ up to 13,000 West Virginians. We also see a collection of hats on display from various unions, as well as a hat representing West Liberty College, located in his district. A quick walk across the hall to the Senator’s office from Jefferson County reveals pictures representing his love of trains and his support of that industry.

As we head back over to the East Wing on the House side, we see a picture of a racecar in the office of the Delegate from the 25th District. The car represents his love for stock car racing. A quick peek in the office of the Delegate from Hancock County shows an array of 1950s era pictures from his district.

A quick look inside the office of the freshman Delegate representing Taylor County shows us that many of the new delegates are still trying to arrange their office space to give them a reminder of home. We do however notice he has an award for driving nails displayed prominently.

As we head over to visit the delegate from the 29th District in Fayette County, you will see gorgeous pictures of Babcock and Hawks Nest State Parks displaying the beauty our state and this district has to offer. You will also notice a defibrillator, a pacemaker and EKGs, representing the delegate’s profession as an emergency physician.

We now find ourselves in the office of the delegate from the 43rd District in Marion County where we see various old mining photos from the Farmington mines. As our tour concludes in the office of the delegate from the 51st District in Morgan County, we see a fingerprint and footprint painted version of the American flag displayed on his wall. Childrens’ footprints make up the stripes in red, while their handprints make up the stars in blue.

There you have it. We saw an assortment of things on our brief tour, some ordinary and expected and some strange and curious. Regardless of the items on display, their meaning, and the industries, cultures, wildlife, parks and universities they represent, you can’t get past an overriding sense of home. Maya Angelou is right. Humans do long to be home wherever they find themselves and the items we have seen give these lawmakers a sense of home and family no matter how far they may be from their home districts.

Celebrate West Virginia Agriculture Day!

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Today was West Virginia Agriculture and Conservation Day at the Legislature. The well area surrounding the Senate and House chambers was filled with informational booths run by agencies from around the state. A few booths provided snacks related to their agencies. Visitors and legislators could sample chips and hot salsa, honey, or ice cream, all made in West Virginia for today’s events.

Standing next to a large taxidermed coyote, Christopher Croson welcomed and spoke with guests who came to inspect the still, curious-looking animal. A wildlife biologist, State Director of the Animal and Plant Health Inspection Service for the USDA, explained that the service is mainly in charge of livestock protection from predators. They assist farmers in a hands-on environment to handle predator and livestock interactions, recommend procedures and assist in choosing guard dogs, and they also provide services in regards to removing predators, if needed. This is all carried out to make life safer and less stressful for livestock in the state.

Most complaints are against coyotes when it comes to livestock protection. There has been recent negative attention given to black vultures in the state because they are a foreign predator. However, there have only been three confirmed livestock predations this year, which is not too much of a concern. Black vultures are scavengers and only eat young livestock if they are very hungry. Farmers do need to alert the inspection service if there is a problem on their property.

Extension agents from West Virginia University and West Virginia State University were in attendance to represent each university, respectively. West Virginia State University gave small tomato plants to visitors and along with gardening advice. West Virginia University provided gardening calendars and information about their community programs to passersby.

Among numbers of other agencies, also present were the West Virginia Forestry Association, the West Virginia Department of Agriculture, the West Virginia Beekeepers Association and the West Virginia Beef Industry Council.

Six Bills Pass Today in Senate Bringing Total to Twenty

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Today in the Senate, six bills were passed and three were advanced to third reading. Among those passed, Senate Bill 251 would authorize county commissions, municipalities and boards of education that receive lottery revenues to issue bonds secured by these revenues to construct public projects. This would allow county commissions, municipalities and boards of education to construct more public projects which could create jobs and stimulate the economy. Thus far, a total of 20 bills have passed the Senate.

Among the three bills advanced to third reading, Senate Bill 370 would permit only a community criminal justice board to require the payment of a supervisory fee by anyone participating in a community corrections program. Under current law, circuit judges, magistrates, and municipal court judges are also authorized to require the payment.

The Senate adopted two resolutions today and welcomed parties involved in each to the Senate Floor (pictured). Senate Resolution 25 designated March 10, 2009 “West Virginia State Grange Day,” and Senate Resolution 26 recognized the Society of Human Resource Management.

The following Senate Committees will meet today:

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 Senate Committees will meet tomorrow:

Energy, Industry and Mining – 10:00 a.m. – 208W
Pensions – 10:00 a.m. – 451M
Confirmations – 1:00 p.m. – 208W

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

WV State Grange Day, 51 Bills Introduced

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Six bills were presented on second reading today. Senate Bill 403 would make supplemental appropriations from the State Road Fund to The Department of Transportation. House Bill 2404 would relate to inmate reimbursement for medical services provided to persons held in regional jails. House Bill 2539 would authorize professional licensing boards to combine administrative staff functions. House Bill 2684 would establish the West Virginia Drug Offender Accountability Act. House Bill 2719 would increase the maximum alcohol level in the state definition of “nonintoxicating beer.” House Bill 2801 would update language and make technical changes and clarifications of the West Virginia Board of Medicine.

In addition, 51 bills were introduced today. This brings the total of bills that have been introduced since the beginning of this session to 1057. House Bill 3007 would implement random drug testing for recipients of federal-state assistance, state assistance and unemployment compensation. House Bill 3019 would relate to obscene, anonymous, harassing and threatening communications by computer. House Bill 3031 would protect academic speech of professional educators. House Bill 3033 would strengthen vehicle emission standards.

Through House Resolution 24, today was designated as West Virginia State Grange Day. It is the state’s oldest agricultural and rural community organization. They have advocated farmers and their agricultural communities since 1873. The organization provides local farmers with the benefits of economic and political cooperation for its members, elevates their character by providing social, cultural and educational programs, and gives them opportunities for personal growth.

The following committees will meet today:
Finance – 1:00 p.m. – 460M
Government Organization – 1:30 p.m. – 215E
Education – 2:00 p.m. – 434M
Finance – 2:30 p.m. – 460M

The following committees will meet tomorrow:

Agriculture – 8:30 a.m. – 215E
Veterans Affairs & Homeland Security – 9:00 a.m. – 215E
Natural Resources – 9:15 a.m. – 215E
Banking and Insurance – 10:00 a.m. – 215E
Pensions and Retirement – 10:00 a.m. – 460M
Energy, Industry and Labor, Economic Development and Small Business – 1:00 p.m. – 460M
Political Subdivisions – 1:00 p.m. – 215E
Judiciary – 1:30 p.m. – 410M
Roads and Transportation – 2:00 p.m. – 215E
Senior Citizen Issues – 3:00 p.m. – 215E
Federal Stimulus Utilization – 4:00 p.m. – 460M
Health and Human Resources – 4:00 p.m. – 215E

The House will reconvene Wednesday, March 11 at 11:00 a.m.

Three Bills Pass, Six Advanced to Third Reading Today in Senate


Three bills were passed today in the Senate, bringing the Senate total of bills passed to 14. Among those passed, Senate Bill 284 would provide an alternative means for viatical settlement brokers to provide evidence of financial security and to expand the criminal provisions to all persons convicted of a violation of the Viatical Settlements Act.

Six bills were advanced to third reading, one of which, Senate Bill 251 would authorize county commissions, municipalities and boards of education that receive lottery revenues to issue bonds secured by such lottery revenues to construct public projects. This will allow county commissions, municipalities and boards of education to construct more public projects which creates jobs and stimulates the economy.

Sixteen additional bills were introduced in the Senate today, bringing the session total up to 520. Senate Bill 508 would create the Department of Miners, Health, Safety and Training.

Pre-schoolers from First Presbyterian Church’s “Busy Bees” in Charleston, including Connor Bailey (pictured), led the opening prayer and pledge of allegiance today.

The following Senate Committees will meet today:

Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following Senate Committees will meet Tuesday, March 10 :

Economic Development – 9:00 a.m. – 451M
Transportation and Infrastructure – 10:00 a.m. – 251M
Banking and Insurance – 2:00 p.m. – 208W

The Senate will reconvene Tuesday, March 10 at 11:00 a.m.

Three Bills Passed, Bills Introduced Hits 1000 Mark

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Three bills were passed in the House today. House Bill 2421 would distinguish between operable and inoperable fire hydrants by having inoperable hydrants painted black. House Bill 2474 would exempt land-based finfish aquaculture facilities from certain sludge management requirements. House Bill 2701 relates to the escape from custody of the Director of Juvenile Services. Those bills will be taken up for consideration in the Senate in the coming weeks.

Six bills were presented on first reading today. Senate Bill 403 would make supplemental appropriations from the State Road Fund to The Department of Transportation. House Bill 2404 would relate to inmate reimbursement for medical services provided to persons held in regional jails. House Bill 2539 would authorize professional licensing boards to combine administrative staff functions. House Bill 2684 would establish the West Virginia Drug Offender Accountability Act. House Bill 2719 would increase the maximum alcohol level in the state definition of “nonintoxicating beer.” House Bill 2801 would update language and make technical changes and clarifications of the West Virginia Board of Medicine.

Finally, 23 bills were introduced today. This brings the total of bills that have been introduced since the beginning of this session to 1006. House Bill 2984 would relate to the hiring of substitute service personnel by county school boards. House Bill 2995 would prohibit text messaging by use of a cell phone or personal digital assistant while driving. House Bill 2996 would require bank transactions involving savings and checking accounts to be posted at the time of the transaction and not the next day.

The following committees will meet today:
Education Subcommittee C – 1:30 p.m. – 434M
Education – 2:00 p.m. – 434M
Judiciary – 2:00 p.m. – 410M
Roads and Transportation Subcommittee A – 2:00 p.m. – 209E
Finance – 3:45 p.m. – 460M
Health and Human Resources Subcommittee A – 4:00 p.m. – 215E

The following committees will meet tomorrow:

Finance – 9:00 a.m. – 460M
Judiciary – 9:00 a.m. – 410M
Finance – 1:00 p.m. – 460M
Finance – 2:30 p.m. – 460M

The House will reconvene Tuesday, March 10 at 11:00 a.m.

Lucky Number Three – Three Bills Passed, Three Advanced to Third Reading in Senate

Three bills were passed today in the Senate, bringing the total number of bills passed by the Senate to 11. Among those passed, Senate Bill 294 would provide additional protection for incapacitated and elderly persons by increasing penalties, which consist of being sentenced to one to five years in prison or being fined $500 to $5,000 to those persons found guilty of neglect of an incapacitated or elderly person, or one who knowingly permits another to neglect said adult.

Three additional bills were advanced to third reading. Senate Bill 405 would require petitions for grandparent visitation to be generally filed in family court. Only when there is a pending abuse or neglect proceeding pending in circuit court, would a visitation motion or petition be filed in circuit court.

Twenty-one more bills were introduced in the Senate, bringing the total to 504. Of those introduced, Senate Bill 501 would prohibit animals from being euthanized by way of a gas chamber.

The following Senate Committees will meet Monday, March 9:

Finance – 3:00 p.m. – 451M

The House will reconvene Monday, March 9 at 11:00 a.m.

One Bill Passes, House Springs Forward Into Weekend

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House Bill 2412 was passed today, which would allow a county commission without an established planning commission to regulate the location of businesses selling sexually-oriented material.

Three bills were presented on second reading today. House Bill 2421 would distinguish between operable and inoperable fire hydrants by having inoperable hydrants painted black. House Bill 2474 would exempt land-based finfish aquaculture facilities from certain sludge management requirements. House Bill 2701 would relate to the escape from custody of the Director of Juvenile Services.

In the House, 11 bills were introduced today. This brings the total of bills that have been introduced since the beginning of this session to 983. House Bill 2974 would abolish the one-vote straight ticket voting in all general and special elections within West Virginia. House Bill 2979 would adopt guidelines to permit pharmacists to prescribe medications.

The following committees will meet Monday, March 9:

Roads and Transportation Subcommittee A – 2:00 p.m. – 209E
Health and Human Resources Subcommittee A – 4:00 p.m. – 215E

The House will reconvene Monday, March 9 at 11:00 a.m.