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Governors School of the Arts and Honors Academy students speak to Senate

The Senate unanimously passed Senate Bill 99 today. The bill would allow a circuit judge discretion to impose the original sentence on a youthful offender who has successfully completed a youthful offender training program but who has been charged with committing another crime between his or her release from the youthful offender center and the sentencing hearing. The offender would still get credit for time spent at the center.

Fifteen new bills were introduced today including: Senate Bill 419 which would create the Healthy Lifestyles Restaurant Calorie Posting Program; Senate Bill 421 would modify child custody and support order due to military service; Senate Bill 429 would create the Credentialing Verification Organization; and Senate Bill 419 relates to certain law-enforcement officers’ probationary period.

Senate Resolution 18 was adopted and designates March 1-7, 2009 as National Problem Gambling Awareness Week.

Two high school students spoke to the Senate about their experiences in the Governors School of the Arts and Honors Academy. They highlighted the importance of learning art through example and investing in today’s youth for the future of West Virginia.

Several other students from across the state were Senate pages today, and they eagerly watched and learned how members conduct business. The Legislature’s Page Program provides students in grades 6-12 with a meaningful and exciting experience in state government.

The following committees will meet today:

Health and Human Resources – 1 p.m.- 451M

Education – 2 p.m.- 451M

Banking and Insurance – 2 p.m.- 208W

Finance – 3 p.m.- 451M

Judiciary – 3 p.m.- 208W

Education – 5 p.m.- 451M

The following committees will meet tomorrow:

Labor – 9 a.m.- 208W

Energy, Industry and Mining – 10 a.m.- 208W

Natural Resources – 1 p.m.- 208W

Government Organization – 2 p.m.- 208W

Finance – 3 p.m.- 451M

Judiciary – 3 p.m.- 208W

The Senate will convene tomorrow at 11 a.m.

A Busy Lawmaking Day in the House

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Two bills were passed in the House today. House Bill 2694, would establish certain requirements for modification of custodial rights for parents or guardians that have been deployed to the United States Armed Forces. House Bill 2738 would register protective orders with West Virginia Supreme Court of Appeals.

In the House today, 20 bills were introduced. This brings the total of bills that have been introduced since the beginning of this session to 902. One of the bills was House Bill 2888, which would require the DHHR to provide matching funds for trust income disbursed to support autistic minors. House Bill 2891 would phase in requirements for electric providers to add renewable energy systems to help protect and sustain the environment. House Bill 2894 would establish tax credits for personal and commercial users of the West Virginia Turnpike. These bills, and others, have been referred to committees for consideration and discussion.

House Resolution 19 was adopted today, designating March 2, 2009, as West Virginia March for Meals Day and the month of March 2009 as March for Meals Fund Raising Month.

The following committees will meet today:
Judiciary – 1:30 p.m. – 410M
Finance – 1:45 p.m. – 460M
Education – 2:00 p.m. – 434M
Health and Human Resources – 4:15 p.m. – 215E
Rules – 4:00 p.m. – 228M

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

The House will reconvene tomorrow, March 3 at 11:00 a.m.

First Bills Voted On Pass The Senate

The voting boards lit up green as the Senate passed six bills today. These bills include: Senate Bill 239 would allow a majority vote for certain metro government approval; Senate Bill 259 would clarify certain terminology within Courthouse Facilities Improvement Authority; Senate Bill 341 would transfer the juvenile justice database administration to the Supreme Court; Senate Bill 346 would correct code reference related to bear tagging and Senate Bill 347 would correct code reference related to extended supervision for certain sex offenders.

Following the suspension of the Constitutional rule requiring a bill be read on three separate days, the Senate moved Senate Bill 403 from first to third reading today, and it was then passed. The Senate communicates the passage of these bills to the House for its consideration.

Senate Bill 99 was on second reading and will be up for passage tomorrow. Senate Bill 307 would create a maternal screening act, and was presented on first reading today.

The following committees will meet today:

Pensions – 2 p.m.- 451M

Judiciary – 3 p.m.- 208W

Finance – 3 p.m.- 451M

The following committees will meet tomorrow:

Economic Development – 9 a.m.- 451M

Government Organization – 10 a.m.- 208W

Transportation and Infrastructure – 10 a.m.- 451M

The Senate will adjourn until 11 a.m. tomorrow.

Five Bills Advanced to Second Reading in Senate

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Six bills were introduced in the Senate today. Senate Bill 397 relates to mental hygiene commissioners retirement; Senate Bill 398 would impose certain restriciton on certain graduated driver’s licenses; Senate Bill 399 would create senior resident hunting, fishing and trapping licenses; Senate Bill 400 relates to driving with a revoked or suspended license; Senate Bill 401 was introduced by request of the Executive and would create State Gaming and Alcohol Commission; Senate Bill 402 would create the West Virginia Convention and Visitors Bureau Accreditation Board.

Five bills were advanced to second reading while Senate Bill 99 was on its first reading. The bill relates to sentencing discretion for certain youthful offenders.

The following committees will meet on Monday:

Energy, Industry and Mining – 10 a.m.- 208W

Pensions – 2 p.m.- 451M

The Senate adjourned until at 11 a.m. Monday March 2nd.

House to Reconvene Next Week

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In the House today, 22 bills were introduced. This brings the total of bills that have been introduced since the beginning of this session to 882. One of the bills was House Bill 2872, which would allow county school boards to enter into energy-saving contracts and allow them to extend those contracts from 10 to 15 year terms. House Bill 2879 would increase the minimum prison sentence from two years to five years without the possibility of parole for a parent, guardian or custodian who abuses a child to the point of serious bodily injury. These bills, and others, have been referred to committees for consideration and discussion.

In addition, two bills were presented on second reading today. House Bill 2694, which would establish certain requirements for modification of custodial rights for parents or guardians that have been deployed to the United States Armed Forces. House Bill 2738 would register protective orders with West Virginia Supreme Court of Appeals.

The following committees will meet today:
Select Committee on Stimulus Utilization – After the Session – 460M.

The following committees will meet on Monday:
Finance – 1:45 p.m. – 460M
Education – 2:00 p.m. – 434M
Health and Human Resources – 4:15 p.m. – 215E

The House will reconvene Monday, March 2 at 11:00 a.m.

Legislature Celebrates West Virginia Fairs and Festivals Day

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West Virginia has a long history of celebrating its unique traditions through fairs and festivals. As guests filled the capitol rotunda, smells of maple syrup and buckwheat mingled with sausage, coffee, and pumpkin fudge.

From Monarch Butterflies and Honey Bees, to Bridge Day and Matewan, festivals and fairs make up an integral part of West Virginia tourism.

These celebrations promote community pride and cultural education. Festivals are likely to become more popular than ever this year as many face economic restrictions. They also provide ways for community members to get out and volunteer.

Introductions, Advances and Reports Comprise Senate Business

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Several Bills were presented for first reading in the Senate today.

Senate Bill 239 would allow a majority vote for certain metro government approval; Senate Bill 259 would clarify certain terminology within the Courthouse Facilities Improvement Authority; Senate Bill 341 would transfer the juvenile justice database administration to the Supreme Court;
Senate Bill 346 would correct a code reference related to bear tagging; Senate Bill 347 would correct code reference related to extended supervision for certain sex offenders.

The Senate also introduced 10 bills, two of which were by the request of the Executive. Senate Bill 386 would create critical skills instructional support programs for certain students and Senate Bill 396 relates to carbon dioxide sequestration and storage.

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

The following committees will meet tomorrow:
Economic Development – 9 a.m.- 451M
Military – 9:30 a.m.- 280W
Transportation and Infrastructure – 10 a.m.- 451M

The Senate will convene at 11 a.m. tomorrow.

Seven Proves to be a Lucky Number in House Today

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Seven bills were passed in the House today, bringing the total to 13. House Bill 2360 will insure that tobacco products are not sold in any packaging other than the original. House Bill 2532 will create licensure for Marriage and Family Therapists. After passage, these bills will be communicated to the Senate for its consideration.

In addition, two bills were presented on first reading today. House Bill 2694, which would establish certain requirements for modification of custodial rights for parents or guardians that have been deployed to the United States Armed Forces. House Bill 2738 would register protective orders with West Virginia Supreme Court of Appeals.

The following committees will meet today:
Joint Education Subcommittee D – 1:00 p.m. – 208W
Finance – 1:00 p.m. – 460M
Finance Subcommittee on Legislative Rules – After Finance Committee Meeting – 460M
Government Organization – 1:30 p.m. – 215E
Judiciary – 1:30 p.m. – 410M
Education – 2:00 p.m. – 434M
Education Subcommittee A – 3:00 p.m. – 434M

The following committees will meet tomorrow:
Judiciary – 9:00 a.m. – 410M
Education – 10:00 a.m. – 434M
Select Committee on Stimulus Utilization – After the Session – 460M.

The House will reconvene tomorrow, Friday, Feb. 27 at 11 a.m.

In the Senate

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As of 4 p.m., Wednesday, February 25, 2009, the 15th day of the 79th Legislature’s 1st Regular Session, 384 bills have been introduced in the Senate:

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.

Senate Bill 296 would require the State Board of Education to create a school drug safety program. The bill would require the program to include drug testing of individuals prior to being hired, transferred or promoted to positions within a school and include random drug testing of all individuals employed in a school.

Senate Bill 300 would authorize counties and municipalities to enter into performance-based contracts with qualified providers of energy-conservation measures for the purpose of significantly reducing energy operating costs of agency owned buildings. Current law only allows the state and its agencies to do this.

Senate Bill 303 would exempt the retirement benefits of certain annuitants under the State Teachers Retirement System (STRS) from state income tax. Any member of the STRS who elected on or before March 6, 1972, to participate the full extent of their salary in the State Teachers Retirement System would be exempt from the payment of state income tax to the extent of the State Teachers Retirement benefits received.

Senate Bill 307 would create the Maternal Screening Act. This bill would establish an advisory council on maternal risk assessment within the Office of Maternal, Child and Family Health. The Department of Health and Human Resources would have rule-making authority to develop a uniform maternal risk screening tool to serve as an alert to medical care providers of the need for greater evaluation and assessment of high-risk pregnancies.

Senate Bill 312 would require medical facilities to be free of tobacco smoke by codifying a smoking ban through law and posting requirements upon the medical facilities. The bill would also set forth penalties that if found guilty, a person would be fined between $50 and $500 for each separate offense.

Senate Bill 313 would expand the number of hours a “part-time” state employee can work in a temporary position each year. The bill would change the maximum amount one could work from 90 days to 1,000 hours.

Senate Bill 316 would authorize that net settlement proceeds held for a minor may be invested in a Smart 529 college savings plan.

Senate Bill 317 would increase penalties under current law when someone who is driving under the influence causes bodily injury or serious bodily injury. The bill would require those persons found guilty be confined in a state correctional facility for three to 15 years and fined up to $5,000, whereas current law has those persons serving two to 10 years and being fined between $1,000 and $3,000.

Senate Bill 322 would exempt life insurance policies with a death benefit of $25,000 or less from assignment by Medicaid recipients to the Department of Health and Human Resources.

Senate Bill 323 would exclude disability income for service related injuries received by a veteran from the United States Department of Veterans’ Affairs from any calculation used to determine spousal support. Under this bill, disability income received by a veteran from the United States Department of Veterans’ Affairs for service related injuries would not be considered as property.

Senate Bill 325 would create the West Virginia Energy Efficient Buildings Program to concentrate on energy demand-side management in private and public buildings, generating energy savings and promotes the more efficient use of the state’s natural resources. The bill would require annual reports to be provided to the Legislature.

Senate Bill 328 would create the West Virginia Transportation Infrastructure Bank. The purpose of the bank is to provide loans and other financial assistance to government units for transportation infrastructure.

Senate Bill 335 would authorize the Commissioner of the Division of Culture and History to distribute fairs and festivals funding. The division would be able to assist in the promotion and operation of fairs and festivals entitled to aid when funds are available and to expend those funds for the support and development of fairs and festivals.

Senate Bill 337 would increase the time for a member of the State Teachers Retirement System to make retirement contributions for credited service, during periods of temporary total disability with a worker’s compensation injury, from two to three years. It would also provide for an additional retroactive period of two years from the effective date of the amendment.

Senate Bill 343 would substitute the definition of pain with the definition currently in use by the Board of Medicine and the Board of Osteopathy that is the definition adopted by the Federation of State Medical Boards in model policy. The bill would strike the term intractable from being used to define pain and change the working definition to read that “pain” is an unpleasant sensory and emotional experience associated with actual or potential tissue damage or described in terms of such damage.

In the House

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As of 4 p.m., Wednesday, February 25th, 2009, the 15th day of the 79th Legislature’s 1st Regular Session, 831 bills have been introduced in the House of Delegates. Of those, 6 have passed and have been sent to the Senate for its consideration. Some of those bills passed were:

House Bill 2069 would increase the faculty senate allotment for classroom teachers and librarians from $50 to $100 to be spent on academic materials, supplies or equipment to contribute to the improvement of teaching. The funds would be used in programs that enhance student behavior, increase academic achievement and address the problems of at-risk students.

House Bill 2419 would authorize the West Virginia Regional Jail and Correctional Facility Authority to grant time off of the sentence for certain convicted inmates in a regional jail who have completed educational and rehabilitation programs. It would allow inmates who have been sentenced to prison terms for more than six months to be granted one day of good time for the successful completion of these programs.

House Bill 2504 would establish the Silver Alert System for cognitively impaired persons. Mirroring the Amber Alert System, the Silver Alert would use public alerts to aid in the finding of a missing cognitively impaired adult who has a deficiency in short-term or long-term memory, orientation as to person, place, and time, deductive or abstract reasoning or judgement as it relates to safety.

A Sampling of Bills Introduced In the House

House Bill 2662 would require election officials, poll clerks and poll workers to vote in the precincts where they are registered.

House Bill 2678 would provide payment of unemployment compensation when a person misses work due to domestic violence. The proposal notes the employer is not responsible to pay for benefits when the worker is unable to work due to domestic violence. Instead, the benefits are paid from the General Unemployment Compensation Fund.

House Bill 2682 would establish a minimum alternative and renewable energy portfolio. By the year 2025, at least 25 percent of the electric energy sold to retail customers in West Virginia should be generated from alternative and renewable energy resources including advanced coal technologies, wind, solar and other nontraditional sources of energy. The bill would require the Public Service Commission to establish a credit system to monitor and track the generation of electricity by these technologies.

House Bill 2689 would dedicate a new surcharge on the policyholder of any fire insurance policy or casualty insurance policy issued in West Virginia to defray costs incurred by qualified volunteer and part-time volunteer fire companies and departments that provide benefits to their members under a qualified Length of Service Awards Program. The new surcharge would be 0.20 percent.

House Bill 2695 would impose criminal penalties on hunters who fail to render aid to a person the hunter negligently shoots while hunting. A hunter who discharges a firearm or arrow and injures or kills another person will have to immediately give his or her name to the injured person, administer first aid, obtain medical or hospital care and immediately report the injury or death to the sheriff of the county in which the shooting took place.

House Bill 2696 would authorize persons who are emergency medical technician-paramedics with a minimum of five years active service in West Virginia, and are also licensed as practical nurses, to apply to obtain a license to practice registered professional nursing.

House Bill 2713 would authorize a study and investigation by the Department of Administration on the likelihood, implementation, effects and related issues with regard to creating a pilot program for state-operated child day care centers.

Some of the intended purposes of this bill would be to help ensure the safety, health, education and development of the attending children and to make sure management and staff personnel are adequately educated, trained and compensated, (including healthcare insurance and other benefits). The bill also calls for the operation of these facilities to be financially effective.

House Bill 2732 would require county boards of education to employ a certified library media specialist in each county school. The professional standards and salary of the library media specialist would be determined by the West Virginia Board of Education.

House Bill 2736 would authorize the use of motors exceeding nine horsepower in the operation of motorboats on lakes if they are operating according to navigation rules including observance of existing 100ft no-wake zones.

House Bill 2772 would increase penalties for exposing children to methamphetamine manufacturing. Any person 18 years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured would go to prison for five to 30 years and would be fined up to $10,000. If the child suffers bodily harm as a result of this action, the guilty party would go to prison for 10-30 years and would be fined up to $25,000.

House Bill 2784 would establish prevailing hourly rates to be used in connection with the construction of public improvements. This bill would require the Commissioner of Labor to base the determination of prevailing rates on statistics made available by the United States Department of Labor, Bureau of Labor Statistics, and to provide county commissions with the authority to review the determination.