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House Receives Committee Reports During Evening Session

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Members of the House met to receive various committee reports on the 51st day of session.

The following committees will meet tomorrow:
Health and Human Resources – 8:30 a.m. – 215E
Judiciary – 9:00 a.m. – 410M
Finance – 10:00 a.m. – 460M
Judiciary – 30 minutes after floor session – 410M

The House is adjourned until 11:00 a.m. tomorrow.

Higher Education Day Features Scale Model of Capitol Complex

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The Legislature celebrated “Higher Education Day” today as the halls of the state Capitol were filled with displays from various colleges, universities and community and technical schools from around the state. Information regarding course offerings and campus amenities were available for citizens to learn more about the individual schools and staff representing the various schools were also on hand to answer any questions interested bystanders posed.

One of the schools, the Community and Technical College at the West Virginia University Institute of Technology, based in Montgomery, WV, brought a 1/36th scale model of the Capitol Complex and the surrounding area to the Upper Rotunda.

The model, a project by the students in the computer-aided drafting and design department at the college, will replace an outdated model built in 1974 and will help state officials plan for emergencies and other events held at the Capitol.

Professors Bill Javins and Jim King were on hand to answer questions about the model and were the professors charged with helping create both the virtual and physical models with the help of over 30 students. The model includes such intricate details from around the Complex as the Veterans Memorial, the statue of Lincoln Walks at Midnight as well as a handcrafted eagle sitting atop the dome.

The model took nearly two years to complete and will now be used on a daily basis by the Department of Military Affairs and Public Safety and the Division of Protective Services to aid officials securing the Capitol during high profile visits from dignitaries or the many fairs and festivals held on the grounds throughout the year.

House Passes Castle Doctrine Bill

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The House Judiciary Committee reported out Senate Bill 145 with the recommendation that it do pass. This bill, which will allow West Virginia residents to use reasonable force to protect themselves against intruders in places where they have legal authority, was taken up for immediate consideration. The House voted to suspend constitutional rules, moved it to third reading and then voted to pass the bill.

A bill on third reading, House Bill 4568, which would require accident and sickness insurance providers and HMO’s to cover the treatment of Lyme disease, was tabled by the House.

Senate Bill 704, which would regulate how insurance companies operate their businesses, require licensing of the company and brokers and work to limit fraudulent practices, was advanced from second reading to third.

The following committees will meet today:
Political Subdivisions – 1:00 p.m. – 215E
Finance Subcommittee on Court Claims – 1:15 p.m. – 460M
Finance – 1:30 p.m. – 460M
Government Organization – 1:30 p.m. – 215E
Education – 2:00p.m. – 432M
Education Subcommittee C – following Education meeting – 432M
Judiciary – 2:00p.m. – 410M
Senior Issues – 4:00p.m. – 215

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

The House will recess until 5:00 p.m. this evening.

Bill to Create Office of Oral Health Advances to Third Reading in Senate

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The halls of the Capitol were lined this afternoon with booths from many of West Virginia’s fine institutions of higher learning as today is Higher Education Day in the Legislature.

Five bills on third reading were laid over and will be on third reading again tomorrow. Eight bills were on second reading, three of which were laid over one day. House Bill 4076, House Bill 4364 and House Bill 4676 were read a second time and advanced to third reading. House Bill 4074 was also advanced to third reading and would create an Office of Oral Health under the Bureau for Public Health and would authorize a full-time office director.

The Senate also took up committee reports this afternoon. Three bills out of committee were taken up for immediate consideration and read a first time.

The following committees will meet this afternoon::
Confirmations – 1:00 p.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 following committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
Military Committee – 10:00 a.m. – 208W
Transportation and Infrastructure -10:00 a.m. – 451M

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

50th Day in Senate Concludes with Crossover Deadline

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Senate Bill 239, Senate Bill 680 and Senate Bill 248 passed the Senate this evening and were sent to the House for consideration. Senate Bill 248 would provide that West Virginia will not participate in the Real ID Act of 2005.

In addition, the Constitutional Rule was suspended for 10 bills that were read a second and third time and passed by the Senate. Senate Bill 499 would eliminate the timber severance tax. In addition, Senate Bill 693 would create senior resident lifetime hunting, fishing and trapping licenses.

The Senate also received committee reports during this evening’s session and five bills were reported out and read a first, second and third time due to the Constitutional Rule being suspended. These bills include Senate Bill 373, Senate Bill 390, Senate Bill 456, Senate Bill 735 and Senate Bill 751.

The following committees will meet tomorrow:
Confirmations – 1:00 p.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 will reconvene at 11:00 a.m. tomorrow.

Senate Passes Bill Reducing Certain Landfill Solid Waste Assessment Fees

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A total of 31 Senate bills were passed during the afternoon session and sent to the House for consideration. Senate Bill 770 would reduce certain landfill solid waste assessment fees in West Virginia. In addition, Senate Bill 556 would provide for prior written authorization from private property owners for the towing of motor vehicles without the consent of the owner of the vehicle. This bill would also require criminal background checks for drivers of tow vehicles.

Senate Bill 239 and Senate Bill 680, which would reduce the Corporation Net Income Tax Rate effective January 1, 2009, were moved to the foot of bills on third reading.

Five bills were laid over one day including Senate Bill 235, Senate Bill 533, Senate Bill 594, Senate Bill 702 and Senate Bill 767.

The following committees will meet today:
Judiciary – 4:45 p.m. – 208W

The following committees will meet tomorrow:
Confirmations – 1:00 p.m. – 208W

The Senate will recess until 5:30 p.m.

13 More Bills Passed During Afternoon Session in House

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Members of the House voted and passed 13 bills, including House Bill 4476, the Public-Private Transportation Facilities Act that would permit the state to enter into agreements with private entities to construct and improve transportation facilities.

In addition, House Bill 4568 was laid over on the House Special Calendar and House Bill 4618 was tabled.

The following committees will not meet as scheduled today:
Political Subdivisions

The following committees will meet tomorrow:

Health & Human Resources Subcommittee on Long Term Health – 8:30 a.m. – 215E
Judiciary – 9:30 a.m. – 410M

Government Organization – 1:30 p.m. – 215E
Finance – 1:30 p.m. – 460M

Education – 2:00 p.m. – 432M
Judiciary – 2:00 p.m. – 410M

Senior Issues – 4:00 p.m. – 215E

The House adjourned until 11:00 a.m. tomorrow, February 28.

House Votes to Pass Four Bills, Honors Home Schooling Day at Legislature

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A citation was issued during the morning session to honor students, teachers and families who participate in home schooling and were commended for their service and dedication during Home Schooling Day at the Legislature.

House Resolution 28, which honors the late Charles E. “Tate” Lohr, was also adopted. Lohr was a former member of the House of Delegates from Mercer County and was remembered for his efforts and hard work during his time in the Legislature.

Members of the House voted and passed four bills, including House Bill 4047, which would prohibit using a cell phone or text messaging while driving except when using a hands-free device or in the case of an emergency and House Bill 4304, which would revise the Anatomical Gift Act.

In addition, the House took up Senate Bill 704, which would regulate viatical life insurance settlements, for immediate consideration and was read for a first time.

The following committees will meet today:

Industry & Labor, Economic Development & Small Business – 1:30 p.m. – 215E
Roads & Transportation – 2:00 p.m. – 215E
Rules – 2:15 p.m. – Speaker’s Office
The Constitutional Revision meeting for 2:00 p.m. was canceled.

The House is in recess until 2:30 this afternoon.

In the Senate

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As of 4 p.m., Wednesday, February 27, 2008, the 50th day of the 2008 Regular Session, 787 bills have been introduced in the Senate. Of those, 172 have passed and been sent to the House for consideration. These include:

Senate Bill 60 would include the threatened use, not just the use, of a firearm or other deadly weapon for a person to be found guilty of first-degree robbery.

Senate Bill 65 would establish a school uniform incentive plan pilot program that would provide $10,000 to each of the first 10 public elementary schools that apply and meet the criteria by implementing school uniform policies. Allowed uses for the money include improving school safety, renovating the playgrounds and purchasing school equipment.

Senate Bill 194 would establish that by state colleges and universities must provide alternative instructional materials such as material in Braille, large print digital text or audio for blind, visually impaired or dyslexic students. A fine of up to $250 would be imposed for a violation.

Senate Bill 265 would provide a way for assessing the value of all aircraft owned or leased by commercial airlines, charter or private carriers and private companies or firms for property tax purposes effective July 1, 2009. The value of the special aircraft property would be determined by its salvage value. The county assessor in the county where the item is located would determine whether the item is special aircraft property and, if it is, would notify the Tax Commissioner and provide appropriate information.

Senate Bill 286 would provide personal immunity from civil liability for adult protective services workers and child protective service workers for acts, errors or omissions that occurred during the course of their employment and official duties. This bill would not protect those workers from liabilities caused by intentional misconduct.

Senate Bill 287 would establish research endowment programs at Marshall University and West Virginia University to promote research and economic development. These programs would be funded by eligible private donations of at least $50,000, and would be matched by the state from the newly established West Virginia Research Trust Fund.

Senate Bill 462 would raise the age of consent for refusal of mental health treatment from 12 to 18 years of age.

Senate Bill 465 would eliminate the business franchise tax effective January 1, 2013.

Senate Bill 493 would grant emergency powers to the Secretary of State to implement a method to ensure all eligible voters have the opportunity to cast a ballot in case of a natural disaster, terrorist attack or other emergency.

Senate Bill 514 would allow uniformed service members to submit an absentee ballot via e-mail. Ballots received by e-mail would be processed the same as faxes under current law.

Senate Bill 556 would require prior written authorization from private property owners for the towing of motor vehicles without the owner’s consent. Legal repossessions are exempt. This bill would also require criminal background checks for drivers of tow vehicles.

Senate Bill 565 would reduce the required period for notice of increased assessed valuation of real property from 15 days to 10 days prior to the first meeting in February at which the county commission meets as the board of equalization and review. This bill would also provide that the increase in the assessed valuation must be at least $1,000 before the notice is required to be sent.

Senate Bill 567 would prohibit all-terrain vehicles (ATVs) on all paved roads in West Virginia. Penalties for doing so would result in a misdemeanor and a fine of up to $100. An ATV would be able to move from one trail or field to another via a paved road if the distance traveled on the paved road does not exceed 10 miles and the ATV is operated on the shoulder or on the far right of the paved road if a shoulder does not exist. This bill would allow counties to regulate ATVs by permitting or prohibiting them on any paved or unpaved road in the county by notifying the Division of Motor Vehicles and the Governor’s Highway Safety Program. This bill would become effective July 1, 2008.

Senate Bill 590 would extend protections that are currently afforded to public service personnel to health care workers and protective services workers. These protections include enhanced criminal penalties for crimes committed against these workers. A health care worker is any nurse, nurse practitioner, physician, physician assistant or technician at health care facilities such as a hospital or physician’s office. A protective services worker means a Department of Health and Human Resources employee that is employed, or contracted as a child or adult protective services worker.

Senate Bill 628 would allow persons involved in motor vehicle accidents to receive pertinent information such as the name and address of each driver involved in the accident; location, time and date of the accident; and insurance information for each driver involved in the accident at no charge and in a timely manner so they are able to file a timely insurance claim.

Senate Bill 653 would permit the sales of life, accident or sickness insurance over the Internet by exempting electronic insurance applications from any face-to-face transaction requirements.

Senate Bill 722 would require that the state Board of Pharmacy have regulatory power over free and reduced-cost health clinics. The bill would also require those clinics to have a pharmacist in charge to supervise the dispensing of prescription drugs. This bill specifies that the pharmacist in charge could be a volunteer pharmacist.

Senate Bill 747 would create a summer internship program for PROMISE scholars. This internship program would require each PROMISE scholar to register at a Workforce West Virginia Center beginning July 1, 2008. The Governor’s Office would recruit businesses, government and nonprofit organizations to participate in the program, which would provide paid summer internships for PROMISE scholars.

Senate Bill 770 would reduce landfill solid waste assessment fees from $1.75 to $1.30 per ton or fraction of a ton for solid waste deposited in landfills that receive more than 570,000 tons of waste during a consecutive three-month period.

Senate Bill 775 would designate West Virginia’s official state parks and forests in the State Code and clarify that statutory authorization is required to close, change the name or designated use of a state park or forest.