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Senate Designates Today “Community Action Day”

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The Senate adopted Senate Resolution 16, which recognizes February 24, 2009 as Community Action Day. The Senate along with their colleagues in the House, in adopting this resolution, wish to recognize the value and convey the importance of community action programs in West Virginia.

The Senate also adopted Senate Resolution 15, which recognizes Leadership Jefferson for its service, dedication and commitment to Jefferson County.

Fifteen new bills were also introduced today, bringing the total number of introduced Senate Bills to 345. Bills introduced included Senate Bill 337, which relates to State Teachers Retirement System Contributions, and Senate Bill 340, which would grant juvenile probation officers certain arrest powers.

The following Senate Committees will meet today:

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

The following Senate Committees will meet tomorrow:

Labor – 9:00 a.m. – 208W
Energy, Industry and Mining – 10:00 a.m. – 208W
Confirmations – Following Floor Session – 208W

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

Senate Recognizes Leadership Berkeley

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The Senate adopted Senate Resolution 14, which recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County. The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County and its residents.

Nine new bills were also introduced today, bringing the total number of introduced Senate Bills to 330. Bills introduced included Senate Bill 325, which would create the West Virginia Energy Efficient Bulidings Program Act, and Senate Bill 329, a bill by request of the Executive, which would update terms in the Personal Income Tax Act.

The following Senate Committees will meet today:

Agriculture – 2:00 p.m. – 208W
Pensions – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following Senate Committees will meet tomorrow:

Joint Meeting of Transportation and Infrastructure and Economic Development – 9:00 a.m. – 451M
Government Organization – 10:00 – 208W

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

House Recognizes Princeton Centennial, Passes Two Bills

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The House adopted House Resolution 12 recognizing the city of Princeton’s centennial.

Two bills were passed upon third reading today in the House. House Bill 2309 will update the law governing practice of occupational therapy while House Bill 2419 will provide a reduced sentence for prison inmates who complete education and rehabilitation programs.

Two bills were also presented on first reading. House Bill 2069 proposed an increase in faculty senate allotment for classroom teachers and librarians. House Bill 2504 proposed establishing the Silver Alert Plan, an alert system mirroring the Amber Alert System, with the intent to provide an alert system for cognitively impaired persons.

The following committees will meet today:

Finance – 1 p.m. – 460M

Judiciary – 1:30 p.m. – 410M

Health and Human Resources – 4 p.m. – 215E

The following committees will meet Tuesday, Feb. 24:

Finance – 9 a.m. – 460M

Government Organization – 9 a.m. – 215E

Education Subcommittee A – 1 p.m. – 434

Education – 2 p.m. – 434

Education Subcommittee D – 3 p.m. – 434

The House will reconvene Tuesday, Feb. 24 at 11 a.m.

Senate Reconvenes to Introduce 11 Bills, Total Now at 321

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In a brief Friday session in the Senate, 11 new bills were introduced, bringing the total thus far to 321.

Bills introduced today included Senate Bill 314, which would authorize County Commissions to designate locations for early election voting, and Senate Bill 320, which relates to Insurance Commissioner’s surveillance of insurer’s financial condition.

The following Senate Committees will meet on Monday, February 23:

Pensions – 2:00 p.m. – 451M

The Senate will reconvene Monday, Feb. 23 at 11 a.m.

House Designates Feb. 20, 2009 “Civil Rights Pioneer J. R. Clifford Day”

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The House adopted House Resolution 11, which designated today as “Civil Rights Pioneer J. R. Clifford Day.”

The following committees will meet Monday, Feb. 23:

Health and Human Resources- 4 p.m.- 215E

The House will reconvene Monday, Feb. 23 at 11 a.m.

Senate Memorializes former Senator

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Senate Members adopted Senate Resolution 13, which memorializes the life and public service of the Honorable William R. Sharpe, Jr., former member of the West Virginia Senate, dedicated public servant and distinguished West Virginian.

Harrison County born and raised, Senator Sharpe served his long tenure in the Legislature with much honor and poise. Sharpe was elected to the West Virginia State Senate from the 12th Senatorial District for 11 terms, dedicating 44 years of public service to his home state.

During his tenure, Sharpe served eight years as Majority Whip and 18 as President pro Tempore, a distinguished position appointed by the Senate President. He served as chair of the Senate committees on Energy, Industry and Mining and vice chair of the Joint Commission on Interstate Cooperation, as well as serving on a number of other Senate Committees.
The Senate expressed its sincere sadness at the passing of the Honorable William R. Sharpe, Jr., and remembered his love and devotion to the West Virginia Senate along with his dedication and commitment to the citizens of the twelfth senatorial district and the State of West Virginia.

Introduced Senate Bills Total Reaches 310

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Senate Members introduced 18 bills today, bringing the total number of bills introduced in the Senate during the 2009 regular session to 310.

Bills introduced today included Senate Bill 307, a bill which stemmed from the Interim Committee on Health and Human Resources would create the Maternal Screening Act, and Senate Bill 294, would define the criminal offense of abuse or neglect of incapacitated or elderly person’s.

The following Senate Committees will meet today:

Education Subcommittee (School Calendar)- 1:00 p.m. – 208W
Health and Human Resources – 1:00 p.m. – 451M
Education – 2:00 p.m. – 451M
Finance – 3:00 p.m. – 451M

The following Senate Committees will meet tomorrow:

Military – 9:30 a.m. – 208W

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

Two Bills Advanced to Second Reading, House Honors AAA State Champs

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Two bills were advanced on to second reading today in the House. House Bill 2309 would update the law governing the practice of occupational therapy and House Bill 2419 would provide inmates a reduction in sentence for completion of education and rehabilitation programs.

The Delegate from the 44th district talked about the Bottle Bill which would reduce waste, provide jobs and promote tourism. The bill would create 300 full-time jobs and 600 part-time jobs.

The South Charleston High School football team was honored with a citation in the House Chamber today for its 14-0 regular season and AAA State Championship.

The following committees will meet today:

House Education Subcommittee D – 1 p.m.- 451M
Finance with Judiciary – 1:30 p.m.- House Chamber
Health and Human Resources – 1 p.m.- 215E
House Education – 2 p.m. – 434

The following committee will meet tomorrow:

Judiciary – 9:30 a.m.- 410

The House adjourned until 11 a.m. tomorrow.

In the Senate

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As of 4 p.m., Wednesday, February 18, 2009, the eighth day of the 79th Legislature’s 1st Regular Session, 292 bills have been introduced in the Senate. A sampling of bills introduced include:

Senate Bill 5 would further protect whistle blowers for reporting unsafe working conditions in mines. It would protect miners or a representative of a miner from termination or discrimination if he or she notified a director of a violation or testified in court.

Senate Bill 7 would specify that gambling and lottery winnings are taxable and gambling and lottery losses are tax deductible. The bill would require the taxpayer to keep detailed records showing losses.

Senate Bill 29 would allow employees to use paid accumulated sick leave for paid family leave to care for a family member.

Senate Bill 31 would absolve the landowner, tenant or agent of the landowner from any civil liability for injuries to any persons hunting, trapping or fishing on the landowner’s land with or without written permission.

Senate Bill 34 would establish the West Virginia Volunteer Firefighter Length of Service Act, which would provide a retirement pension of $400 a month to volunteer firefighters for length of service.

To be eligible, recipients must be at least 60 years of age and have at least 20 years of active service credit as a volunteer firefighter.

Every fire department or home county would contribute $2,000 to a fund annually for five years, or $10,000 total, before disbursements are made.

Senate Bill 47 would authorize each higher education governing board to increase fees of students taking more hours of course work than the number of hours of course work defined as full-time.

Senate Bill 58 would allow penalties collected under the Department of Environmental Protection’s blasting program to be deposited in the Special Reclamation Fund.

Senate Bill 63 would increase the amount from the State Excess Lottery Revenue Fund to the Higher Education Improvement Fund, increasing it from $10 million to $15 million.

Senate Bill 83 would prescribe minimum requirements relative to tethering or chaining animals, including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect animals from cruel treatment.

Senate Bill 98 would authorize the Alcohol Beverage Control Commissioner and certain employees to have arrest powers. The bill would authorize the carrying of a concealed weapon while performing his or her official duties.

Senate Bill 100 would allow school districts flexibility in hiring substitutes for critical need areas and would provide county superintendents with authority over hiring and placement of these substitutes.

Senate Bill 113 would cancel state financial assistance from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor.

Senate Bill 115 would prohibit smoking tobacco products in vehicles if children 14 years old or under are present.

Senate Bill 120 would increase the maximum weight amount for trucks equipped with six axles and two additional brakes to 97,000 pounds.

Senate Bill 131 would prohibit the use of handheld cellular telephones while driving and would provide a penalty for violations. Under the bill, a person may be fined for a violation, but no points may be assessed against his or her driver’s license.

Senate Bill 142 would create the Small Tourism Business Development Act. The act would provide a tax incentive for the creation, construction or enlargement of tourism attractions.

Senate Bill 146 would allow DNA samples to be taken from arrested persons and would provide a database of persons arrested for felonies to aid in solving crimes.

Senate Bill 237 would allow the DEP to establish a program to recycle beverage containers and reduce litter. The bill would require the use of returnable containers for many beverages and would require the use of a ten-cent deposit.

Senate Bill 239 would permit the voters of Kanawha County to decide by majority vote in an election to decide upon a metro government and charter.

Senate Bill 240 would repeal an article in State Code, enacted in 1996, banning the construction of nuclear power plants in West Virginia.

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

Senate Bill 265 would authorize a tax credit for new teachers in critical needs areas. It would require the State Board of Education to define “critical needs areas” in both subject and geographic areas.

Senate Bill 273 would create incentives for West Virginia workers to obtain the GED and incentives for West Virginia employers to allow their employees to study for and obtain a GED.

In the House

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As of 4 p.m., Wednesday, February 18th, 2009, the eighth day of the 79th Legislature’s 1st Regular Session, 654 bills have been introduced in the House of Delegates. Of those, 2 have passed and have been sent to the Senate for its consideration. Those bills passed were:

House Bill 2305 would revise appointment and compensation provisions of the Supreme Court Clerk and his or her staff. The bill would allow justices to appoint a clerk and any other full-time and part-time professional and clerical assistants. The justices would establish the salary of the clerk and the persons employed within the clerk’s office. The Justices of the Supreme Court of Appeals would establish the salary of the clerk and persons employed within the clerk’s office.

House Bill 2306 would add motor vehicles to the definition of impersonating a public official or employee. Vehicles that falsely display an official emblem or other marking indicating government sponsorship would fall under impersonation.

A Sampling of Bills Introduced In the House

House Bill 2043 would require anyone insured whose automotive liability insurance contract or policy has been canceled or not renewed provide proof of valid insurance for a vehicle covered under that policy within 30 days notice from the Division of Motor Vehicles. Failure to provide proof of insurance within the 30 days would render any vehicle under the canceled or non-renewed insurance policy invalid. Any person driving a vehicle with an invalid registration plate would be found guilty of a misdemeanor and fined.

House Bill 2066 would prohibit fractional pricing in the retail sale of gasoline. The bill would also define such pricing as an unfair or deceptive practice.

House Bill 2090 would provide a housing supplement for members of the State Police who reside in a county in which the average monthly mortgage payment exceeds $700. The payments would be made in equal monthly installments and would be considered part of the state minimum salaries for members of the State Police.

House Bill 2100 would establish a system of extended involuntary treatment for individuals addicted to drugs and alcohol. Only parents, close family or a friend could file the petition for the involuntary commitment and would be responsible for the payment of treatment costs. Those individuals filing for petition would request involuntary commitment for 60 or 365 days. An individual could not be held involuntarily unless they; suffer from alcohol and other drug abuse, present an imminent threat of danger to themselves or others or could reasonably benefit from treatment.

House Bill 2109 would increase the exemption on retirement income from taxation on individuals 65 years and older, or their surviving spouse from $8,000 a year to $15,000 a year.

House Bill 2139 would establish a volunteer litter reporting program that would utilize trained volunteers to report and collect information necessary in enabling the county sheriffs to issue citations to individuals violating the state’s litter laws. Duties of a trained volunteer would include: reporting the motor vehicle registration plate number, date, time and location of a person observed littering; collecting other evidence such as taking photographs at the request of the county sheriff, providing testimony in court proceedings relating to litter violations observed, and providing other assistance in litter enforcement as requested by the county sheriff. In no event could a volunteer participate in the direct apprehension or arrest of a litter violator.

House Bill 2335 would require West Virginia public colleges and universities to participate in the federal Yellow Ribbon G.I. Education Enhancement Program established under the new G.I Bill. The program would provide eligible veterans additional funding toward the cost of college tuition and fees. Educational benefits to certain veterans would equal the cost of in-state tuition at the most expensive public university or college in the state. The federal Secretary of Veterans Affairs would cover fifty percent of any additional costs over and above in-state tuition costs in exchange for a matching contribution from the college or university the veteran would attend.

House Bill 2338 would eliminate the six-month waiting period for those in the Teachers Retirement System to receive disability retirement benefits.

House Bill 2341 would require the State Board of Education to create a school drug safety program. The program would include drug testing of individuals prior to being hired, transferred or promoted within a school. This bill would also include random drug testing for anyone employed at a school.

House Bill 2354 would create the Traumatic Brain Injury Services Commission. The Commission would assist military veterans and other West Virginians with traumatic brain injuries. The Commission would provide services to help the injured regain as much quality of life and productivity as possible.

House Bill 2361 would require lobbyists and lawyers when performing lobbying services to collect consumer sales and service tax.

House Bill 2386 would define gross income for purposes of determining child support and would provide that certain employment-related expenses are excluded from gross income.

House Bill 2402 would require the instructional school term to begin on August 21. It would also provide for county school boards to meet the mandatory 180- day instructional days in the annual school calendar. If needed, an additional non-instructional day prior to the beginning of the instructional term may be scheduled.

House Bill 2404 would authorize the West Virginia Regional Jail and Correctional Facility Authority to assess charges against inmates for medical services. The bill permits a reasonable co-payment to be deducted directly from an inmate’s trustee account for non-emergency medical treatment.

House Bill 2513 would provide a $2,000 pay incentive to teachers who teach in their core field degree.

House Bill 2568 would require background checks on applicants for residents in nursing homes and assisted living facilities. The bill would provide applicants who are sex offenders or certain convicted felons with other arrangements.

House Bill 2583 would require health care providers to release unemancipated minor’s medical records for drug testing to a parent or legal guardian without written consent from the minor.