Blog – Page 379

Senate Passes Two Bills on Marshall Day in the Legislature

Senate Floor Session

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February 4, 2008

Two bills were on third reading and were passed by the Senate today. Senate Bill 217 and Senate Bill 292 will now go to the House for its consideration.

There was one bill on second reading and one bill on first reading on the Senate Calendar today. The Senate also introduced 17 new bills and four resolutions.

Senate Bill 564 was introduced today and relates to higher education tuition and fees waivers.

The following committees will today:
Natural Resources Committee – 1:00 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Pensions Committee – 2:00 p.m – 451M
Finance Subcommittee A – 3:00 p.m. – 451M

Judiciary Committee – 3:00 p.m. – 208W

The following committees will meet tomorrow, February 5:
Economic Development Committee – 9:00 a.m. – 451M
Transportation and Infrastructure Committee – 10:00 a.m. – 451M
Health and Human Resources Committee – 1:00 p.m. – 451M
Committee on Banking and Insurance – 2:00 p.m. – 208W
Education Committee – 2:00 p.m. – 451M

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

House Resolution Honors William Slonaker

House Floor Session

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February 1, 2008

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Members of the House adopted Resolution 16, which honors the late William “Bill” Slonaker, a former representative in the House of Delegates. The resolution honors his dedication as a public servant and for his work in the farming industry.

The House passed six bills today. These bills include House Bill 4116, which would update terms in West Virginia Personal Income Tax Act, and House Bill 4021, which would revise mining safety equipment requirements and enhance penalties for crimes against mining property.

One bill was introduced. House Bill 4032, would allow the payment of wages made through a direct deposit system that uses an automated teller machine card or other means of electronic transfer.

The following committees will meet Monday, February 4:
Roads and Transportation – 10:30 a.m. – 315E
Heath and Human Resources Subcommittee B – 12:30 p.m. – 252
Finance – 1:30 – 460M

Education – 2:00 p.m. – 343
Health and Human Resources – 4:00 p.m. – 315E

The House will reconvene at 11:00 a.m. Monday, February 4.

Two Bills Advance to Third Reading in the Senate

Senate Floor Session

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February 1, 2008

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Three bills were on second reading on the Senate Calendar today. Senate Bill 217 and Committee Substitute for Senate Bill 292 advanced to third reading. Senate Bill 275 was laid over until Monday.

There were a total of 19 bills and four resolutions introduced today in the Senate.

Senate Bill 544 would establish an electronic health information data-sharing pilot program.

The following committees will meet Monday:
Natural Resources Committee – 1:00 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Judiciary Committee – 2:00 p.m. – 208W
Pensions Committee – 2:00 p.m – 451M

The Senate will reconvene at 11:00 a.m. Monday, February 4, 2008

House Resolution Declares Animal Appreciation Day

House Floor Session

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January 31, 2008

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Members of the House adopted Resolution 15, which designates January 31, 2008 as Animal Appreciation Day. This resolution calls to honor the 97 humane societies and animal shelters in West Virginia to continue their work in protecting animals across the state.

The House passed House Bill 4053, which would protect consumers from unsolicited and fraudulent offers from unsolicited pop-up electronic mail known as spyware. The bill will now be considered in the Senate.

There were six bills on second reading today, including House Bill 4028, which would authorize counties and municipalities to enter into energy-saving contracts, and House Bill 4125, which would increase the faculty senate funds available to classroom teachers and librarians.

The House also introduced 24 new bills, including House Bill 4358, which would make it a misdemeanor for an owner or manager of an elephant to engage in abusive behavior toward the elephant, and House Bill 4368, which would reduce acts of student violence and disruptive behavior and increase penalties for chronically disruptive students.

The following committees will meet today:
Judiciary Subcommittee A – 1:00 p.m. – 410M
Finance – 1:00 p.m. – 460M
Health & Human Resources – 1:30 p.m. – 215E
Education Subcommittee B – 1:30 p.m. – 432M
Judiciary – 2:00 p.m. – 410M
Select Committee on Senior Citizens Issues – 4:00 p.m. – 215E

The following committees will meet tomorrow, February 1:
Veterans Affairs – 9:00 a.m. – House Chamber
Education Subcommittee B – 10:00 a.m. – 432M

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

Senate Designates Today Earned Income Tax Credit Awareness Day

Senate Floor Session

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January 31, 2008

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One bill was on second reading today on the Senate Calendar. Senate Bill 217 would reduce the compliance time for nonresident traffic violations.

Senate Bill 275 and Committee Substitute for Senate Bill 292 were on first reading in the Senate today. Senate Bill 275 would provide the Division of Banking notification of state banks’ and holding companies’ applications for out-of-state bank aquisitions. Commmittee Substitute for Senate Bill 292 would allow the Commissioner of the Banking to issue bond claims to collect certain unpaid penalties and invoices.

The Senate also heard 29 new bills introduced. One of these bills is Senate Bill 515 would absolve landowners’ liability for injuries to individuals hunting on their property. The Senate also passed Senate Resolution 13 which designates today, January 31, 2008, “Earned Income Tax Credit Awareness Day.” This resolution creates awareness of a possible tax credit that could award West Virginians making under $40,000 annually up to $4,700.

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

The following committees will meet tomorrow:
Joint Military Committee – 9:00 a.m. – House Chamber

Vol. XIX Issue 3

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January 30, 2008

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House Presents Ruth Sullivan With Citation of Honor

House Floor Session

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January 30, 2008

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Ruth Sullivan was honored today in the House for her lifetime achievements in her battle for improving the livelihood of autistic people. She was one of the founders of the National Society of Autistic Children and served as its first president. She also founded one of the first classrooms for autistic children. Her ambition to educate children with autism led to the creation of The Autism Service Center, which currently serves 365 children. After they presented Sullivan with her citation, the House vowed to address this issue.

Three bills were passed by the House and sent to the Senate for approval. The committee substitute for House Bill 4092 would require a person to pass an examination in order to be licensed as a forester or forestry technician, and clarifies and updates the board’s rule-making authority. Upon a vacancy on the Board of Foresters, the Governor will appoint a new registered foretry technician, with the consent of the Senate, from the ten nominees recommended by the West Virginia Chapter of the Society of American Foresters

One bill, House Bill 4053, was on second reading. House Bill 4053 would amend the West Virginia Computer Crime and Abuse Act to better improve computer users and operators.

Six bills were on first reading today. One bill, House Bill 3122 allows members of the National Guard or reserve component who have completed their military obligation with an honorable discharge or service connected disability discharge to be considered eligible for job training and employment preference.

The following committees will meet today:

Industry and Labor – 1:15p.m. – 215E
Roads and Transportation – 2:00p.m. – 215E
Constitutional Revision – 2:00p.m. – 418
Political Subdivisions – 3:00p.m. – 215E
Health and Human Resources – 4:00p.m. – 215E

The following committees will meet tomorrow:

Education Subcommittee A – 9:00a.m. – 434
Judiciary Subcommittee B – 9:00a.m. – 418
Judiciary Subcommittee A – 1:00p.m. – 418
Senior Issues – 4:00p.m. – 215E

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

Committees Report Bills to Senate with Recommendation They do Pass

Senate Floor Session

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January 30, 2008

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Three Senate bills on third reading on the Senate Calendar were passed and sent to the House for consideration. One of these bills, Senate Bill 234, would create the Maternal Mortality Review Team. This team would review the deaths of women who die during pregnancy, at the time of birth or within one year of the child’s birth. This team would help establish patterns and trends in such deaths which would contribute to public health planning. In addition, one bill on first reading was advanced to second reading.

The banking and insurance committee reported two bills to the Senate with the recommendation they do pass. These bills will be on first reading tomorrow. Several other committees reported six bills to the Senate with the recommendation they do pass, but first will go to the finance committee.

The Senate introduced 16 new bills. One of these, Senate Bill 490, would mandate water service connection. Another Senate bill introduced, Senate Bill 496, would protect voter registration information. This brings the total number of Senate bills introduced this session to 505.

The following committees will meet today:
Agriculture – 1:00 p.m. – 451M
Pensions – 1:00 p.m. – 208W
Government Organization – 2:00 p.m. – 208W
Finance Subcommittee A – 3:00 p.m. – 451M

Judiciary – 3:00 p.m. – 208W
Education Subcommittee – 4:30 p.m. – 451M

The following committees will meet tomorrow:
Finance Subcommittee B – 9:30 a.m. – 451M
Judiciary – 10:00 a.m. – 451M
Energy, Industry, & Mining – 10:00 a.m. – 208W
Agriculture – 1:00 p.m. – 208W
Pensions – 1:00 p.m. – 208W
Government Organization – 2:00 p.m. – 208W

The Senate will reconvene at 11:00 a.m. tomorrow, Thursday, January 31.

In the Senate

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January 30, 2008

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As of 4 p.m., Wednesday, January 30, 2008, the 22nd day of the 2008 Regular Session, 505 bills have been introduced in the Senate. Of these bills, 11 bills have passed the Senate this week and will now go to the House for consideration. Some of the bills passed this week include:

Senate Bill 72 would expand the territory of the Route 2 and Interstate 68 Authority. This bill would extend the authority to include Cabell, Mason and Jackson counties, which would allow two voting members from each new county to be appointed to the authority.

Senate Bill 234 would create a Maternal Mortality Review Team. This team would be responsible for reviewing the deaths of women who die during pregnancy, at the time of birth or within one year of the child’s birth. This team would help develop plans that could prevent such deaths in the future. The team’s members would be appointed by the Governor and would serve five years.

Senate Bill 236 would eliminate obsolete election language relating to the role of circuit clerks in elections.

Senate Bill 238 would increase the monetary limit required to file a suit in circuit court actions from $300 to $1,000. This bill would also clarify original and general jurisdiction of circuit courts.

Senate Bill 257 would repeal outdated provisions of the West Virginia Code concerning the operation of the penitentiary by the Commissioner of Public Institutions. The state’s correctional system is now under the authority of the Commissioner of Division of Corrections. This bill would also repeal obsolete provisions relating to the hiring of inmates as contract laborers because inmates are no longer utilized in this way.

Senate Bill 263 would update various provisions of the code relating to the Division of Corrections. Some of these updated provisions would include specifying that all employees of the Division of Corrections are responsible for enforcing rules and laws necessary for the control and management of correctional units and clarifying that wardens and administrators of correctional facilities are subject to the direction of the commissioner.

Senate Bill 270 would eliminate provisions requiring circuit clerks to handle and disburse inmate moneys. All inmates are now housed in either a regional jail or correctional facility, not a county jail. Moneys belonging to inmates are now handled by the appropriate personnel, not by circuit clerks.

Senate Bill 337 would remove obsolete language concerning the Clerk of the Supreme Court of Appeals. This would bring the law in line with the court’s current staffing policies.

Senate Bill 459 would clarify the authority of the School Building Authority to promulgate rules and would authorize rules of the School Building Authority and the Higher Education Policy Commission.

A Sampling of Bills Introduced In the Senate

Senate Bill 327 would pay for veterans’ grave markers when the U.S. government denied the veteran’s application. These grave markers would be paid for by the “John F. ‘Jack’ Bennett Fund.”

Senate Bill 328 would prohibit the Division of Culture and History and the commissioner of Culture and History from selling food and drink in the West Virginia Science and Culture Center and merging the archives library with the lending library. In addition, this bill would give the Archives and History Commission oversight and administrative authority over the state historian and archivist.

Senate Bill 336 would require the pay rate of court witnesses to match the pay rate of jurors. Current pay ranging from $10 to $20 would be increased to a flat rate of $40 per day and payment for mileage would increase from 15 cents to 50.5 cents. Witnesses would include persons subpoenaed to appear before the Senate, House or any legislative committee.

Senate Bill 342 would set 2 a.m. as the time to stop selling alcohol in bars in the Berkeley, Morgan, Jefferson, Hancock, Brooke and Ohio counties. All four of the racetracks would be exempted from this requirement and from the existing limitations on alcohol serving hours.

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 469 would increase penalties for the neglect and abuse of incapacitated adults and the elderly. A person who neglects an incapacitated adult or elderly person would be fined between $500 and $5,000, imprisoned between one and five years or both. A person who maliciously and intentionally causes the death of an incapacitated adult or elderly person by withholding food, shelter, clothing or medical care would be guilty of murder in the first degree.

Senate Bill 471 would change the penalty for driving without automobile insurance from a license suspension to a fine of $100. This fine would only apply to a person whose insurance has been expired less than six months and who obtains proper insurance within five business days of a violation.

Senate Bill 475 would require the election of Supreme Court justices to be nonpartisan. The general election ballot would have clear and separate sections for listing of candidate names for nonpartisan and partisan offices.

Senate Bill 479 would create a database of DNA samples taken from arrested persons. Local, state and federal law enforcement agencies would be allowed to use this system to help identify persons in connection with criminal investigations, register sex offenders and establish a missing persons DNA identification system with the following categories: unidentified persons, unidentified human remains and samples from missing persons.

Senate Bill 480 would grant a classroom teacher who has been awarded a National Board for Professional Teaching Standards certificate an additional salary bonus provided the teacher is subsequently employed as a school principal, assistant school principal or in an instructional leadership position.

Senate Bill 483 would prohibit the operation of a video lottery game or terminal between 6 a.m. and 1 p.m. on Sundays. If found guilty, a person would be charged with a misdemeanor and fined at least $1,000.

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

In the House

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January 30, 2008

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As of 4 p.m., Wednesday, January 30, 2008 the 22nd day of the 78th Legislature, 975 bills have been introduced in the House of Delegates. Of these, a total of 17 have passed the House and will go to the Senate for its consideration. Some of the bills passed this week include:

House Bill 2517 would require a West Virginia state bank or holding company wishing to acquire an out of state bank to file a copy of the application with both a federal regulator and the state banking commissioner. However, this would not be required if the acquisition involves a merger or establishment of branches.

House Bill 3215 would remove the administrative link between Blue Ridge Community and Technical College and Shepherd University. This would make Blue Ridge a free-standing state community and technical college.

House Bill 4019 would allow courts to dismiss cases involving multiple plaintiffs including nonresidents and residents under the doctrine of forum non conveniens. Currently, courts are not allowed to dismiss cases under this doctrine if it involves both resident and nonresident plaintiffs and if the action arose from a single occurrence.

House Bill 4036 would give the Board of Respiratory Care the authority to issue temporary permits to respiratory students. Students would have to meet certain criteria before receiving this work permit. Students would be allowed to practice under the supervision of a licensed respiratory care therapist. If the initial permit expires before the student completes licensor requirements and the student is enrolled in at least nine semester hours, making satisfactory progress in his or her curriculum and working well during clinical rotations, then the student may apply for one six-month extension.

House Bill 4078 would eliminate the Blennerhassett Island Historical State Park Commission. The tasks and powers of this commission would be transferred to the Division of Natural Resources.

House Bill 4092 would require a person to pass an examination in order to be licensed as a forester or forestry technician and would clarify and update the board’s rule-making authority. Upon a vacancy on the Board of Foresters, the Governor would appoint a new registered forestry technician, with the consent of the Senate, from the 10 nominees recommended by the West Virginia Chapter of the Society of American Foresters.

House Bill 4141 would reduce the amount of written status reports on civil actions against a state agency by requiring them to be sent only to the President of the Senate and the Speaker of the House of Delegates upon request.

House Bill 4147 would regulate the parking at the State Capitol in Charleston. It would allow the Speaker of the House and the Senate President to decide where parking would be allowed on the Capitol Complex during regular, extended, extraordinary and interim sessions or at any other necessary time.

A Sampling of Bills Introduced In the House

House Bill 4158 would allow law enforcement agencies to sell stolen, unclaimed firearms and ammunition at public auctions to federally licensed firearms dealers with licenses appropriate for the firearm being purchased. Profits from the sale would stay within the law enforcement agency and go towards the agencies needs.

House Bill 4159 would remove state financial aid from college students who receive two or more citations for the illegal consumption or possession of alcohol. This bill would take effect July 1, 2008.

House Bill 4162 would make leaving children unattended or unsupervised in a motor vehicle for more than 15 minutes a crime. Any person convicted of leaving a child unattended for this period of time would be guilty of a misdemeanor and fined between $50 and $500. However, if the child experiences great bodily harm, then the person would be guilty of a felony and sentenced for no more than five years and/or fined no more than $500.

House Bill 4167 would require that the school principal, county superintendent, county school board president and anyone in equivalent leadership positions in religious or private schools be given the results of local school health inspections.

House Bill 4291 would require the State Election Commission to produce one or more training videos for poll workers. Poll workers would be required to be trained within 30 days of a scheduled election. County clerks also would be required to attend training every two years to review the training of poll workers and law matters.

House Bill 4301 would allow the uninsured children of state workers who make no more than $25,000 a year to have their health insurance covered by a program of the West Virginia Children’s Health Insurance Program. This program would be created by the Board and would include the child’s premiums, coinsurance, co-pays and deductibles. The board must report at least four times a year to the Legislative Oversight Commission on Health and Human Resources Accountability on the development and progress of the proposed program.

House Bill 4302 would allow farmers, who have quit farming due to a physical or mental illness and have lived on the land that they farmed for the last 10 years, to continue having their property appraised as farm property.