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House Passes Bill Allowing Public Schools To Use Epinephrine Auto-injectors

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Today the House convened to introduce 10 bills, pass four bills, and advance one bill to third reading.

Bills that passed today include House Bill 2397, House Bill 2414, House Bill 2567, and House Bill 2729, which would allow schools to voluntarily maintain and use epinephrine auto-injectors, also known as EpiPens.

The bills introduced today include House Bill 2925, which would authorize natural gas utility companies to invest in natural gas compression equipment to be installed in residential property for natural gas fueling of automobiles.

The House also presented citations recognizing West Virginia Donor Designation Day, Americorps, OMEGA WV Truck Association and professional truck drivers in West Virginia, and St. Joseph Central Catholic High School Prep Basketball Team.

The following committees will meet today:

The Committee on Energy, Industry, and Labor, Economic Development and Small Business will meet today at 1:00 p.m. in 460M.
The Committee on Political Subdivisions will meet today at 1:00 p.m. in 215E.
The Committee on Constitutional Revisions will meet today at 2:00 p.m. in 410M.
The Committee on Roads and Transportation will meet today at 2:00 p.m. 215E.
The Committee on Senior Citizen Issues will meet today at 3:00 p.m. in 215E.

The following committees will meet tomorrow:

The Committee on Finance will meet tomorrow at 10:00 a.m. in 460M.

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

Senate Recognizes Huntington High Wrestling Team

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Today on the Senate floor, Senate Resolution 31, was adopted recognizing Huntington High School wrestling team for receiving the 2013 AAA State Championship title.

Senate Bill 387, relating to family court judge supervision of criminal background investigations, Senate Bill 386, relating to personal safety orders and Senate Bill 423, providing certain convicted persons reduction in sentence were passed unanimously.

On second reading today were SB 372, creating a criminal offense for interfering with emergency service calls and SB 200, relating to the Eyewitness Identification Act and were advanced to third reading.

Committees Meeting Today:

Senate Natural Resources Committee: 1:00 p.m. 208W
Senate Health & Human Resources Committee: 1:00 p.m. 451M
Senate Education Committee: 2:00 p.m 451M
Senate Judiciary Committee: 3:00 p.m. 208W
Senate Finance Committe: 3:00 p.m. 451M
*CANCELLED*Senate Education Committee: 5:00 p.m 451M

Committees Meeting Tomorrow:

Senate Child and Poverty Committee: 10:00 a.m.451M
Senate Economic Development: 1:00 p.m. 451M
Senate Government & Organization Committee: 2:00 p.m. 208W
Senate Interstate Cooperation Committee: 2:00 p.m. 451M

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

House Recognizes West Virginia’s Youngest Published Author

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The House convened this morning to introduce 17 bills and issue two citations. The House also advanced three bills to third reading and one bill to second reading.

The House issued a citation to Chloe Rose of Clay County recognizing her as the youngest published author in West Virginia. Chloe was accompanied by her mother,Tammy Rose, her brother, Elijah and her sister, Adalee.

House bills advanced to third reading today included House Bill 2729 which would allow schools to voluntarily maintain and use epinephrine auto-injectors.

The following committees will meet today:

The Committee on Education will meet today at 2:00 p.m. in 434M.
The Committee on Finance will meet today at 2:00 p.m. in 460M.
The Committee on Government Organization will meet today at 2:00 p.m. in 215E.

The Committee on Judiciary will meet today at 2:00 p.m. in 410M.

The following committees will meet tomorrow:

The Committee on Agriculture will meet tomorrow at 8:15 a.m. in 215E.
The Committee on Natural Resources will meet tomorrow at 8:45 a.m. in 215E.
The Committee on Veteran’s Affairs and Homeland Security will meet tomorrow at 9:15 a.m. in 460M.
The Committee on Banking and Insurance will meet tomorrow at 10:00 a.m. in 215E.
The Committee on Pensions and Retirement will meet tomorrow at 10:00 a.m. in 460M.

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

House Passes Bill Creating Uniform Regulation of Firearms and Ammunition

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The House convened today to introduce eight bills and two House Resolutions. The House also passed four bills and advanced four bills to second reading.

The House recognized the Charleston Catholic High School men’s soccer team in the Chamber this afternoon for their Division AA championship title.

Bills passed include House Bill 2361, House Bill 2553, House Bill 2554, and House Bill 2760, which would create a uniform regulation of firearms, ammunition, and firearm accessories.

Bills introduced today include House Bill 2889, which would recognize the right of judges and magistrates of West Virginia Courts who are licensed to carry a concealed weapon to carry a concealed firearm in court buildings.

The following committees will meet today:

The Committee on Judiciary will meet today at 2:00 p.m. in 410M.
The Committee on Finance will meet today at 2:30 p.m. in 460M.

The following committees will meet tomorrow:

The Committee on Government Organization will meet tomorrow at 2:00 p.m. in 215E.


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

Senate Passes Bill to Permit Monongalia County Commission to Levy Special Excise Tax

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Today on the floor, the Senate adopted three resolutions recognizing Innovation and Entrepreneurship day, Leadership Jefferson and congratulating St. Agnes School Lady Vikings basketball team.

Senate Bill 125, permitting Monongalia County Commission to levy special district excise tax, was unanimously passed today.

In addition,Senate Bill 423, certain convicted persons reduction in sentence, was advanced to third reading and
Senate Bill 200,relating to eyewitness identification act and Senate Bill 372,which would create a criminal offense interfering with emergency service call were both advanced to second reading today.

Committees Meeting Today:
Banking & Insurance Committee: 2:00 p.m. 208W
Judiciary Committee: 3:00 p.m. 208W
Finance Committee 3:00 p.m. 451M

Committees Meeting Tomorrow:
Energy, Industry and Mining Committee: 9:00 a.m 208W
Transportation & Infrastructure Committee: 10:00 a.m. 451M
Military Committee: 10:00 a.m. 208W
Natural Resources Committee: 1:00 p.m. 208W
Heath & Human Resources: 1:00 p.m. 451M
Education Committee: 2:00 p.m. & 5:00 p.m. 451M
Government & Organization Committee: 2:00 p.m. 208W

In the Senate

As of 4 p.m. Thursday, March 7, 2013, 483 bills have been introduced in the Senate. A sample of the bills passed by the Senate this week:

Senate Bill 101 would include health care providers that work in nursing homes in the Medical Professional Liability Act. This bill was the result of an interim study.

Senate Bill 214 would eliminate the requirement that an applicant for a license to practice medicine, surgery or podiatry who has failed one of the steps of the US medical licensing examination or the National Board of Podiatric Medical Examiners examination must appear before the Board of Medicine for a determination. Personal interviews are not required, but the Board may ask an applicant for an interview or production of original documents.

In the House

As of 4 p.m. Thursday, March 7, 2013, 866 bills have been introduced in the House of Delegates. A sample of the bills passed by the House this week:

House Bill 2314 would give authority to family court judges to arrange for a child to be taken into custody in emergency situations at the discretion of the judge. If the judge becomes aware that a child is in imminent danger of neglect or abuse, they would have the authority to have Child Protective Services Division of the Department of Health and Human Resources take the child into custody.

House Bill 2505 would increase civil penalties for pipeline safety violations from $1,000 to $200,000. The bills states the General Revenue Fund would have deposits from the Treasurer, which would be submitted through the Public Service Commission.

Minority Report

DELEGATE DARYL COWLES

With more than 60,000 West Virginians unemployed and looking for work, House Republicans believe that job creation should be the top priority for the 2013 legislative session.  In order to make West Virginia attractive for job creation, we must take bold steps to reform our tax structure and allow working West Virginians to keep more of their hard earned dollars.

Republicans in the House believe that a key to economic growth is putting more money into the private economy.  This can be accomplished by allowing our citizens to keep more of their earnings which will help feed and cloth their families, buy homes, and provide their children with the opportunity to attend college.  Many of the challenges facing West Virginia result from poverty and unemployment.  There are many steps we can take to strengthen our economy while improving the quality of life for our citizens.

West Virginians are blessed with many strengths.  One of the greatest of which is a strong work ethic.  We must take every opportunity to make West Virginia a state where our people can put their talents to use in the workforce.

Our tax structure is our of sync with our surrounding states and is not conducive to attracting industry.  West Virginia taxes equipment and inventory used in manufacturing and other economic activities.  Many states with which we compete for jobs do not impose such an onerous tax.  We must dedicate our efforts this session to eliminating this regressive job killing tax.

We must also work to help our citizens make ends meet.  One such opportunity is increasing  the Homestead Exemption which has not kept pace with rising property values.  First granted in the 1980’s the Homestead Exemption was $20,000 and equal to a much larger percentage of a home’s value.  Recalculating the exemption at today’s values would equal $40,000.   Moreover, it would provide the relief originally intended for our older citizens.

SENATOR MITCH CARMICHAEL

Last week, I discussed the issue of public education in West Virginia. Since then, I  have received hundreds of correspondences from constituents regarding the Governor’s proposals to reform our system of public education. Due to considerable interest in this matter, I thought you would appreciate some additional detail on the subject.

First, it should be noted that approximately 60 percent of the entire state budget is expended for K-12 public education. This amounts to over $2 billion in state spending. Education is the largest expenditure of general revenue state taxpayer funds.

A primary component of the targeted reforms is to provide each county with greater flexibility to design a school calendar that ideally suits the needs of each individual county. To summarize, the bill eliminates the state-mandated window of 43 consecutive weeks in which each county must situate the school calendar. Under current law, the state essentially mandates a lengthy summer break by defining the 43 week annual term of employment for school service personnel. The practical consequence is that each county Board of Education is encouraged to design the school calendar to accommodate this provision.

Under the Governor’s proposal, each county would have complete flexibility to craft a school calendar that suits their needs. The goal is to insure that each child receives the required 180 days of quality instructional time. Nationally, West Virginia ranks poorly in terms of average number of days our children attend school. The proposal to eliminate calendar restrictions from state code is a mechanism to provide each county with flexibility and freedom in designing the school year. It’s not a requirement that any county move to a year-round balanced school calendar.

The education of our children is among the highest priorities of state government. It’s our responsibility to provide a world-class education to the next generation. Today’s students must acquire the knowledge and skills to compete in a global economy that demands excellence. A recent education survey determined that of the world’s 43 largest economies, 33 provide over 180 days of instruction.

I contend that the children in West Virginia are as important as those in Korea or India. We do our nation, state, and each individual child a disservice when less than 180 full instructional days are provided to students. The general public, parents, and students should demand a minimum of 180  full instructional days in West Virginia. The taxpaying citizens are investing huge sums of money for an education system that’s not providing the necessary days of teaching our children. The Governor’s proposal does not force any county to change the school year. Instead, it simply provides each county with options.

From Behind the Podium: Prison Overcrowding Legislation Advances Out of Senate Judiciary

SENATE PRESIDENT JEFF KESSLER

As we near the halfway point of the legislative session, the Senate Judiciary Committee has unanimously advanced the Governor’s prison overcrowding bill on to the Senate Finance Committee. The measure would put several reforms in place to alleviate West Virginia’s longstanding prison overcrowding problems while ensuring public safety.

According to the Justice Center study, the bill should stabilize the state’s prison population at about 7,400 inmates by 2018, producing savings of $116 million on operating costs and eliminating the need to build a new prison.

The bill calls for a front-end investment in a community-based substance abuse program for parolees. While our state has an adequate drug treatment program within the prison system, we do not have adequate programs within the regional jail system and we don’t have any programs available to recently released inmates on parole or probation. Due to the overcrowding issue, West Virginia currently has 1,800 inmates that should be in prison currently housed in regional jails. These facilities are intended for a short-term stay and do not have the substance abuse programs that many of these individuals need.

As we have found via intensive study of this issue over the years, a large percentage of our inmates are incarcerated due to substance abuse issues. Sadly, those offenders are at a high risk to come back to prison. If we can continue to help them after their release, we can significantly cut down on recidivism rates.

To that end, the bill would improve accountability by requiring at least six months of post-release supervision for all inmates. It would also implement alternative sanctions for those who commit technical violations while on probation or parole. The Justice Center study found that 38 percent of our state’s prison sentences are for probation or parole violation, most often for technical violations such as breaking curfew or failing alcohol or drug tests. Those committed on revocations serve an average of an additional two years in prison. We have to look at ways to discipline these offenders without re-committing them to an already overcrowded system.

The bill would also strengthen community supervision by expanding day reporting centers. The measure would also improve risk and needs assessments for inmates. If we can simply cut our recidivism rate in half by helping these inmates after their release, we will have made great progress towards ending our prison overcrowding issues.

I support the provision in this bill that would release non-violent inmates six months early and give them full supervision for those months in their communities. If you look at the statistics, the national average prison sentence for non-violent crime is two years while our state average is three years. If we implement this provision, we are still incarcerating these individuals for longer than many states. Some have spoken out against the bill, saying we are letting dangerous individuals back into our communities before fully serving their sentences. The statistics just don’t support the theory that early release is a danger to society. One example we have heard from officials in Oklahoma shows that locking more nonviolent offenders up for extended times did not reduce violent crime rates in the state. In fact, violent crime went up in the state’s bigger cities.

We need to act on this bill and act promptly because the cost of doing nothing could be large for public safety. Our prison population is nearing the tipping point and in other states that have failed to act in similar situations, courts have ordered a reduction of a certain percentage of the prison population and released hundreds of inmates without the proper probation requirements.

I am pleased that the Governor is committed to funding the start up costs for these programs, which includes $3 million this year for post-release substance abuse treatment programs, and $500,000 for various training programs. He has also pledged an additional $5.5 million annual appropriation through 2018, which is an incredible investment given the anticipated $116 million in savings over that same time.