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In the House

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As of 4 p.m., Wednesday, February 13, the 36th day of the 78th Legislature, 1,154 bills have been introduced in the House. Of these, 12 have passed this week and been sent to the Senate for consideration. Bills passed this week include:

House Bill 4032 would allow employees and employers to use a direct deposit system using an ATM card or other means of electronic transfer for the payment of employees’ wages.

House Bill 4059 would allow a school bus operator to be eligible for continued employment if he or she is issued a passenger endorsement on his or her driver’s license through the Division of Motor Vehicles’ intrastate waiver program for diabetes. The operator would have to submit the information required for the waiver to his or her employer and remain in compliance with the conditions of the waiver.

House Bill 4069 would require applicants to pass a vision screening conducted by the DIvision of Motor Vehicles in order to be eligible for license renewal. A driver’s license would not be renewed for a person whose eyesight cannot be corrected to conform to minimum vision standards. This bill would become effective on January 1, 2009.

House Bill 4120 would prohibit complaints in personal injury or wrongful death actions from stating specific dollar amounts or figures effective July 1, 2008. It also would permit party defendants in such actions to request written statements of the nature and amount of damages being sought.

House Bill 4137 would require a municipality or county to be notified in writing by an insurance company when a claim for total loss is filed within that county or municipality.

House Bill 4329 would allow the DIvision of Motor Vehicles to offer an optional two-year registration for Class G vehicles. The fee for the two-year registration would be double a one-year registration fee.

House Bill 4337 would authorize the Board of Barbers and Cosmetologists to increase fees for one year. For 2009, such fees would be $50 for a licensing exam, $35 for a license, $100 for a reciprocal license and $25 for a student permit.

House Bill 4348 would give statutory authority to the Office of Miners’ Health, Safety & Training to charge fees for necessary tests, certificates and mine safety publications.

House Bill 4388 would allow the Supreme Court to maintain a domestic violence database containing certified copies of protective orders issued in West Virginia and other states. Anyone who has obtained a protective order would be able to register that order with the database.

House Bill 4423 would prohibit a purchaser of scrap metal from knowingly purchasing or possessing a stainless steel beer keg, or part of a keg, for the purpose of reselling as scrap metal unless the purchaser receives the keg from a beer manufacturer, authorized representative or a seller with proof of lawful ownership.

House Bill 4478 would prohibit the transfer during the instructional term of any aide, paraprofessional or interpreter who is assigned to work with a student who has an individualized education program (IEP) that requires one-on-one services.

A Sampling of Bills Introduced In the Senate

House Bill 4460 would require property owners to disclose the previous existence of a crystal methamphetamine lab on a property. Failure to disclose such information would make the sale or lease of the property voidable.

House Bill 4462 would increase the amount of support that is received for dependent children who survive State Police officers killed in the line of duty from $150 per month to $500 per month.

House Bill 4467 would make it a misdemeanor to falsify educational or academic records or to knowingly misrepresent academic or educational records to obtain a benefit for that individual or another party.

House Bill 4474 would require a registered nurse to be present as a circulating nurse in each operating room during surgical procedures. These nurses would have to have the qualifying education, license and experience in operating room nursing.

House Bill 4483 would prohibit any sex offender on supervised release for a term of 10 years to life from loitering within 1,000 feet of a school, childcare facility, school bus stop or other child safety zone such as a playground or swimming pool. A sex offender who violates this prohibition would be required to serve all or part of the term of supervised release in prison without credit for time previously served on release.

House Bill 4484 would revise the current criminal offense of stalking to incorporate the provisions of the National Center for Victims of Crime’s “Model Stalking Code for the State.” A person would be guilty of stalking if he or she engaged in conduct that would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer other emotional distress. If found guilty of stalking, a person would be charged with a misdemeanor and jailed for up to six months or fined up to $1,000. In addition, an individual would be guilty of a felony if he or she violated any court order prohibiting contact with the victim, the victim was a minor, the defendant used or threatened to use force or a weapon or the defendant was convicted for a stalking violation within the previous five years.

House Bill 4498 would limit the liability for repair costs to automobile owners when they hit a deer on a state highway. The person who hit the deer would not be liable for repair costs exceeding $200, regardless of the amount of the deductible required under his or her motor vehicle insurance policy.

House Bill 4505 would allow fireworks displays on public school property upon approval of the State Superintendent of Schools and the State Fire Marshall. Public schools and County Boards of Education would not have to obtain a bond for a fireworks display.

House Bill 4514 would require the Whitewater Commission to establish a fee for each customer transported by a licensed commercial whitewater outfitter through a study zone of the Gauley River. The fee would be used to stock the Gauley River with trout during the spring and fall seasons of each year to help relieve the loss of fishing opportunities resulting from the additional water volume on the Gauley River.

Completed Legislative Action (Week of Feb. 6-13, 2008)

Senate Bill 459 will clarify the rule making authority of the School Building Authority. This bill will also authorize the implementation of two sets of rules approved by the Legislative Oversight Commission on Education Accountability (LOCEA): the seven rules of the School Building Authority and the PROMISE rule of the Higher Education Policy Commission.

House Bill 4147 will allow the Speaker of the House and the Senate President to designate parking during legislative and interim sessions in areas where the Department of Administration had previously authorized parking.

Legislature’s Page Program Educates and Involves State’s Youth

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Every day, dozens of youth visit the Capitol to see the legislative process firsthand and participate by serving as pages. These boys and girls continue a tradition that spans virtually the entire length of West Virginia’s history.

Records in the 1866 Senate Journal and the 1868 House of Delegates Journal show the appointment of two to three young men, ages 13 to 18, to serve throughout the entire regular session for $2.50 a day.

Now, 140 years later, the duties of legislative pages has changed, but they continue to serve lawmakers by volunteering for a day at the Capitol — keeping session floor traffic at a minimum by running errands and learning about the legislative process.

The West Virginia Legislature’s Page Program has become a successful and important program that takes place during the regular legislative session. The program not only serves legislators but also provides a gateway for the public to experience their government at work.

“It is always good to get young, bright people engaged in the process,” House Majority Leader Joe Delong said. “It gives them access to government, and, after they have been here for the day, they may be more likely to get involved later.”

The program gives students who are 12 or older from West Virginia’s public and private schools an opportunity to serve as pages in the Legislature. As part of their visit to Charleston, students receive a tour of the Capitol before taking to the floors of the House or Senate. They are also given a certificate of service signed by the respective clerk and their sponsoring senator or delegate, a photograph with their lawmaker and a page program book that provides information on every legislator, the legislative process and the Capitol.

Lawmakers interested in sponsoring students contact schools in their districts to request pages. The schools later get in touch with the appropriate lawmakers with the names of the children interested and establish when they can visit the Capitol. If students are interested in paging for a specific lawmaker, they also can contact the respective clerk’s office to book a certain day. There is a huge interest in the program according to House Clerk Gregory Gray.

“It’s a good program because children are exposed to their government,” he said. “The more exposure to the process, the better.”

Pages serve members of the House and Senate in a variety of ways. They can be asked to bring in a cup of coffee or to obtain a piece of legislation. If a note needs to be passed, a page will see it is delivered. While they are performing their duties on the floors of the chambers, they get a firsthand learning experience regarding the role state legislators play.

“They really get to experience history,” said Senate Clerk Darrell Holmes. “They get to hear the bills that are introduced, see the bills that are passed and just receive information that is not available in school.”

The West Virginia Page Program doesn’t just assist lawmakers, it provides the opportunity for young people to expand their knowledge and see government in action. Students who serve as pages also have the opportunity to meet with lawmakers from their districts and across the state. This time allows them to share their thoughts and concerns.

“A lot of what children read in their West Virginia History classes becomes more real,” H. Truman Chafin, Senate Majority Leader said. “To come into the chamber is just an awesome and inspiring room. You learn more in one trip to the Capitol than you do in a thousand West Virginia History classes.”

Four Bills Sent to Senate; Two Resolutions Adopted

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Four bills on third reading passed the House and were sent to the Senate for consideration. One bill, House Bill 4329, would allow an individual to register a Class G vehicle for a two-year period and would also provide for alternative methods of payment of fees. The House also adopted Senate Concurrent Resolution 20, which urges Congress to pass legislation protecting the public from toxic imports.

Today was recognized as Children’s Day with the adoption of House Resolution 20. This resolution acknowledges that West Virginia’s children are the state’s most precious resource and the Legislature has a responsibility to give our children every opportunity to succeed and prosper.

Three bills on second reading on the House Special Calendar were advanced to third reading. In addition, six bills on first reading were advanced to second reading.

The House introduced 13 new bills. One of these, House Bill 4516, would allow certain state employees to be paid for unused sick leave days once per year. Another House bill introduced, House Bill 4519, would permit internet sales of life, accident and sickness insurance. This brings the total number of House bills introduced this session to 1,154.

The following committees will meet today:
Industry Labor, small business and economic development – 1:00 p.m. – 215E

Pensions and Retirement – 2:00 p.m. – 460M
Roads and Transportation – 2:00 p.m. – 215E
Political Subdivisions – 3:00 p.m. – 215E

Health and Human Resources – 4:00 p.m. – 215E

The following committees will meet tomorrow:
Government Organization – 8:30 a.m. – 215E
Joint Health and Judiciary – 8:30 a.m. – House Chamber
Finance – 9:00 a.m. – 460M
Education Subcommittee B – 9:30 a.m. – 410M

Education – 2:00 p.m. – 410M

Senate Celebrates Children’s Day, Sends Three Bills to the House

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Today, second grade students from Saint Agnes Elementary of Charleston led Senators in the Pledge of Allegiance in honor of “Children’s Day” at the Legislature as designated by Senate Resolution 18.

The Senate also honored the Children’s Theater of Charleston with Senate Resolution 16 for its 75 years of work. Another resolution, Senate Resolution 17, honored dozens of teachers who were recently certified by the National Board for Professional Teaching Standards.

Twelve bills were introduced in the Senate today. One bill, Senate Bill 658, would allow for the West Virginia Department of Transportation to create and distribute a “Stop Domestic Violence” license plate.

Three bills on third reading on the Senate Calendar were passed and will now be sent to the House for its approval. Senate Bill 298 would include drug and alcohol abuse by parents or guardians as a form of child abuse.

The following committees will meet today:
Pensions – 1:15 p.m. – 451M
Government Organization – 2:00 p.m. – 208W
Finance – 3:00 p.m. – 208W
Judiciary – 3:00 p.m. – 208W

The following committees will meet tomorrow:
Finance – 9:00 a.m. – 451M
Judiciary – 10:00 a.m. – 208W
Education – 2:00 p.m. amd 5:00 p.m. – 451M

The Senate will reconvene at 11:00 a.m. tomorrow, Thursday, February 14.

Abraham Lincoln’s 199th Birthday Recognized in the House

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Members of the House honored the 16th president, Abraham Lincoln, who would have celebrated his 199th birthday today. On April 20, 1863, President Lincoln issued the proclamation through which West Virginia achieved statehood, making it the only state born out of the armed conflict of the Civil War.

A statue of Abraham Lincoln stands outside of the Capitol and is based on the poem “Abraham Lincoln Walks at Midnight” by Vachel Lindsay.

Five bills on second reading on the House Special Calendar were advanced to third reading. In addition, three bills on first reading were advanced to second reading.

The House introduced 16 new bills. One of these, House Bill 4498, would limit liability for repair costs to automobile owners when they hit a deer on a public highway. Another House bill introduced, House Bill 4508, would eliminate the West Virginia income tax on social security benefits.

This brings the total number of House bills introduced this session to 1,141.

The following committees will meet today:
Finance – 1:00 p.m. – 460M
Industry and Labor, Economic Development and Small Business – 1:00 p.m. – 215E
Government Organization – 1:30 p.m. – 215E
Government Organization Subcommittee – Following the Government Organization meeting– 215E
Finance – 2:00 p.m. – 460M

Judiciary – 2:00 p.m. – 410M

Health and Human Resources Subcommittee – 3:00 p.m. – 252

Roads and Transportation Subcommittee – 4:00 p.m. – 252

Senior Citizens Subcommittee A – 4:00 p.m. – 215E

The following committees will meet tomorrow:
Roads and Transportation Subcommittee B – 8:00 a.m. – 215E
Agriculture and Natural Resources – 9:00 a.m. – 215E
Veteran Affairs and Homeland Security – 9:00 a.m. – 215E
Banking and Insurance – 10:00 a.m. – 215E

Pensions and Retirement – 10:00 a.m. – 460M
Roads and Transportation – 2:00 p.m. – 215E
Political Subdivisions – 3:00 p.m. – 215E

Health and Human Resources – 4:00 p.m. – 215E

The House will reconvene at 11:00 a.m. on Wednesday, February 13.

Senate Honors Leadership Jefferson, Passes One Bill

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Today, the Senate adopted Senate Resolution 15, which recognizes Leadership Jefferson for its strides towards educating current and future community leaders about Jefferson County’s assets and opportunities while working to develop team and leadership skills.

In addition, eight bills, one joint resolution and two concurrent resolutions were introduced in the Senate today.

The Senate passed Senate Bill 512 and sent it to the House for approval. This bill would change the number of members on the Records Management and Preservation Board for county government entities from nine to 11 members.

Three bills were advanced from second to third reading on the Senate Calender. One bill, Senate Bill 627, would classify a terror threat as a felony regardless of intent to actually commit the alleged act.

The following committees will meet today:
Banking Subcommittee A – 1:30 p.m. – 208W
Banking – 2:00 p.m. – 208W
Education – 2:00 p.m. and 5:00 p.m. – 451M
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following committees will meet tomorrow:
Judiciary Subcommittee on SB 166 – 9:00 a.m. – President’s Conference Room
Labor – 9:00 a.m. – 208W
Energy, Industry and Mining – 10:00 a.m. – 208W
Pensions – 1:15 p.m. – 451M
Government Organization – 2:00 p.m. – 208W

The Senate will reconvene at 11:00 a.m. tomorrow Wednesday, February 13.

House Adopts Resolution to Honor Former Member

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Today, the House adopted seven resolutions. One, House Resolution 18, commemorated the passing of a former member of the House, James T. Nicol. Nicol gave twenty years of distinguished service to his country as a soldier with the Air Force and went on to serve as a member of the House of Delegates from 1993-1994. His family accepted the resolution on his behalf today on the floor.

Two other bills on third reading on the House Special Calendarwere passed and sent to the Senate for consideration. In addition, five bills on first reading were advanced to second reading.

The House introduced 18 new bills. One of these, House Bill 4481, would authorize the Commissioner of Highways to install “move over” signs along interstate highways and would apply to motorists approaching disabled or emergency vehicles. Another House bill introduced, House Bill 4483, would prohibit certain sex offenders from loitering within one thousand feet of a school or child care facility, school bus stop or other child safety zone.

This brings the total number of House bills introduced this session to 1,125.

The following committees will meet on Monday, February 11:
Education – 1:30 p.m. – 434M
Finance Subcommittee on Rules – 1:30 p.m. – 460M
Government Organization – 2:00 p.m. – 215E
Judiciary – 2:00 p.m. – 410M
Roads and Transportation Subcommittee – 3:00 p.m. – 215E

Health and Human Resources – 4:00 p.m. – 215E

The following committees will meet on Tuesday, February 12:
Education Subcommittee A – 9:00 a.m. – 432M
Finance – 9:00 a.m. – 460M
Health and Human Resources Subcommittee A – 9:00 a.m. – 215E
Judiciary – 9:00 a.m. – 410M

Finance – 1:00 p.m. – 460M
Government Organization – 1:30 p.m. – 215E
Finance – 2:00 p.m. – 460M

Senior Citizens Subcommittee – 4:00 p.m. – 215E

The House will reconvene at 11:00 a.m. on Tuesday, February 12.

Senate Passes Defensive Driving Class Bill

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The Senate passed Senate Bill 242 today and sent it to the House for approval. It would allow drivers who complete a defensive driving class, do not have any outstanding violations above 12 points or have not taken the course within the last two years to deduct three points from their license.

One bill on second reading on the senate Calender was advanced to third reading. In addition, two bills on first reading were advanced to second reading.

The Senate also introduced 19 bills and three joint resolutions proposing changes to the state constitution. Bills introduced include Senate Bill 642, which would allow for the transfer of assets from the Teachers’ Defined Contribution Retirement System to the State Teachers Retirement System.

The following committees will meet today:
Finance – 3:00 p.m. – 451M
Judiciary – 3:00 p.m. – 208W

The following committees will meet tomorrow:
Economic Development – 9:00 a.m. – 451M
Transportation – 10:00 a.m. – 451M
Education – 2:00 p.m. and 5:00 p.m. – 451M

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

Tourism Day at the Capitol

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With 432,000 West Virginians working in tourism and the number of overnight visitors to our state rising two percent to 11,628,000 annually, growth in the tourism industry is evident. More people are traveling from out of state to enjoy our state’s beautiful, unique landscape and the opportunities it affords visitors. Tourism is booming in West Virginia, with an estimated economic impact of $3.9 billion each year.

On February 8, representatives from dozens of West Virginia’s facets of tourism assembled in celebration of West Virginia Tourism Day at the Capitol. Various display booths covering topics ranging from wildlife to space stretched from the Senate to the House side of the rotunda and consumed the well areas of the floor below.

All organizations present hoped to spread information about what West Virginia has to offer. “If our organizations were more recognized, people would take a better look at the economic impact that we have in small cities. That impact is way greater than what people realize,” said Paul Marey, an officer on the Board of Directors of the West Virginia Association of Fairs and Festivals.

Adventure activities like whitewater rafting and atv tours, luxury resorts such as the Greenbrier and Glade Springs, various fairs, festivals, museums, state parks and other fun activities and local attractions were all featured today at the Capitol.

Legislators took Tourism Day as an opportunity to visit these various booths, sample the foods of West Virginia companies and speak with the representatives from tourism organizations. “It’s great when people come out to advocate things that will better West Virginia. These displays reach out to West Virginians and urge legislative reaction,” said Senator Mike Hall.

Tourism Day has left the Capitol, but it was able to draw attention to West Virginia’s blossoming tourism economy.