Page 289 – Wrap Up

Underage Drinking Bill Completes Legislation in House

House Floor Session

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March 5, 2014

The House convened today to pass eight bills, three of which completed legislative action.

House Bill 4402 was one of three bills to complete legislative action. Under this bill, those between 18 and 20 facing their first offense for underage drinking may be placed on probation. Upon completion of probation, charges may be dismissed and the person’s record may be expunged after a hearing.

Senate Bill 322 completed as well, which would require all state employees, employees of state institutions of higher education and the Higher Eduation Policy Commission receive pay at least twice per month. Senate Bill 408 would remove the three month good conduct condition as a prerequisite for parole and require the Parole Board to consider parole for an eligible regarldess of where they are confined.

Senate Bill 209 was amended and passed, which would permit special needs students to participate in graduation ceremonies. Senate Bill 457 would require that inmates in a regional jail have access to the same classes and programs that are offered in Division of Corrections facilities.

There were 12 bills on second reading, including Senate Bill 397, expanding the scope of activities considered financial exploitation of the elderly, and Senate Bill 602, requiring health care providers to wear identification badges. There were 31 bills on first reading.

A citation recognizing the American Red Cross was presented.

The following committees will meet today:

House Finance at 2 p.m. in 460M
House Judiciary at 2 p.m. in 410M
House Education at 3 p.m. in 434M

The House is in recess until 5:30 p.m. today.

Senate Celebrates WVU Day and Bow Tie Tuesday

Senate Floor Session

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March 4, 2014

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When the Senate reconvened this morning the body adopted Senate Resolution 44, memorializing the life of Honorable Robert. K Holliday a former Senator and Delegate of the House.

Additionally, the Senate adopted Senate Resolution 46 which designated today West Virginia University and West Virginia University Extension Day.

The Senate received messages from the House and amended Senate Bill 58, which relates to the basis of voidable marriages or annulments. The bill now moves back to the House for concurrence in order to complete legislation. Two bills completed legislation today. The first, Senate Bill 460 would permit the School of Osteopathic Medicine to invest in its own foundation and the second, House Bill 2165 would provide certain relatives of a deceased veteran five copies of his or her death certificate.

Three bills were read a first time on committee reports. House Bill 4012, which relates to the Revised Uniform Law on Notarial Acts, was read a first time and the second committee reference was dispensed with. The bill is now on second reading. House Bill 4346 was read a first time prior to its second committee reference to the Judiciary Committee. This legislation would establish separate standards of performance for carbon dioxide emissions. House Bill 4449 was also read a first time, its second committee reference was dispensed with and was advanced to second reading. This bill proposes the continuous mining machines and underground haulage equipment use proximity detection systems and cameras for tax credit purposes.

There were nine House Bills that were passed on third reading today. Of the bills that passed, five completed legislation – House Bill 4003 would grant dual jurisdiction to counties in order to enforce truancy policies, House Bill 4178 would make a supplementary appropriation to the Department of Commerce and WorkForce West Virginia, House Bill 4259 would extend time for the levying body of Sistersville in Tyler County, House Bill 4421 would allow lottery to pay prizes in other payment methods in addition to checks and House Bill 4445 would modify the definition of “battery and “domestic battery.” The other four bills were passed with amendments and now move back to the House for approval.

The following committees will meet today:

Health and Human Resources at 1 p.m. in room 451M
Economic Development at 1:30 p.m. in room 208W
Education at 2 p.m. in room 451M
Government Organization at 2 p.m. in room 208W
Finance at 3 p.m. in room 451M
Judiciary at 3 p.m. in room 451M

The following committees will meet tomorrow:

Labor at 9 a.m. in room 208W
Agriculture and Rural Development at 9:15 a.m. in room 451M

The Senate will reconvene at 5 p.m.

Update

The Senate reconvened this evening to read 11 bills a first time prior to second committee references. One of the bills read a first time was Senate Bill 306, the Budget Bill.

The Senate is adjourned until tomorrow at 11 a.m.

House Passes Bill Preventing Interference in Emergency Calls

House Floor Session

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March 4, 2014

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The House convened today to pass nine bills. Of the nine bills passed, four have completed legislative action.

Senate Bill 90 was passed, which would make it a criminal offense to intentionally interfere with or prevent a person from calling emergency service personnel. Senate Bill 405 would protect protect a juror’s private information by limiting the availability of juror questionnaire forms. These bills will be communicated to the Senate for the amendments to be considered.

House Bill 4384 was among the bills that completed legislative action. This bill would require teachers of students with exceptional needs to be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan. Senate Bill 470, which would provide that completed grand jury questionnaire forms are confidential and can only be released from the clerk’s custody with the written permission of the circuit cour, completed legislative action as well.

There were six bills on second reading, including Senate Bill 373, relating to water resources protection, and Senate Bill 209, allowing special needs students to participate in graduation ceremonies. There were 15 bills on first reading.

A citation was presented recognizing today was WVU Extension Service Day.

The following committees will meet today:

House Finance at 1:30 p.m. in 460M
House Judiciary at 1:30 p.m. in 410M
House Education at 4 p.m. in 434M

The following committees will meet tomorrow:

House Judiciary at 8 a.m. in 410M

The House is in recess until 5:30 p.m. today.

UPDATE: The House reconvened this evening to receive committee reports and to concur with the Senate amendments and complete legislative action on three bills.

House Bill 4151, relating to military members and their spouses who obtain licensure through professional boards, was one of the three bills to complete legislative action. House Bill 4301 passed as well, which would allow for the reciprocal use of hunting and fishing licenses with Kentucky on the Big Sandy and Tug Fork Rivers. House Bill 4437 would allow the Division of Juvenile Services to maintain trustee bank accounts, earnings and property for its residents and create a resident benefit fund for the welfare of those in juvenile facilities and for the benefit of victims.

The following committees will meet today:

House Judiciary 30 minutes after session in 410M
House Finance at 6:30 p.m. in 460M

The following committees will meet tomorrow:

House Agriculture and Natural Resources at 8:30 a.m. in 215E
House Finance at 8:30 a.m. in 410M

The House is adjourned until 11:30 a.m. tomorrow.

Veterans’ Death Certificate Bill Completes Legislation in House

House Floor Session

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March 3, 2014

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The House convened today to pass the Senate’s amendement on House Bill 2165, which completed its legislation. This bill would allow the State Registrar to supply two certified copies of the death certificate of a veteran or active service member at no cost within 30 days of death when requested by the executor or administrator of his or her estate. It now awaits approval by Governor Earl Ray Tomblin.

Senate Bill 460 passed the House with amendments and will be communicated back to the Senate. This bill would add West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are allowed to invest certain moneys with its foundation, limited at $25 million.

There were nine bills on second reading, including Senate Bill 12, relating to expedited partner therapy treatment, and Senate Bill 90, creating a criminal offense for interfering or preventing a call for the assistance of emergency service personnel. There were five bills on first reading.

House Resolution 13 was adopted, urging the United States Evironmental Protection Agency to develop guidelines that support the lead role of states in regulating carbon dioxide emissions from existing power plants.

The following committees will meet today:

House Political Subdivisions immediately following the floor session in 215E
House Education at 3 p.m. in 434M
House Health and Human Resources at 3:30 p.m. in 215E
House Judiciary at 3:45 p.m. in 410M
House Finance at 4 p.m. in 460M

The following committees will meet tomorrow:

House Judiciary at 9:00 p.m. in 410M
House Finance at 9:30 a.m. in 460M
House Education at 4:00 p.m. in 434M

The House is in recess until 6 p.m. today.

UPDATE: The House reconvened following a recess to receive House committee reports.

The folowing committees will meet tonight:

House Finance at 7:00 p.m. in 460M
House Judiciary at 7:00 pm. in 410M

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

Two Teacher Retirement Bills Read a First Time in Senate

Senate Floor Session

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March 3, 2014

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Three bills were read a first time during committee reports. House Bill 4221 and House Bill 4365, both relate to the teachers retirement system. House Bill 4375 relates to West Virginia Employee Retirement Accounts Program.

The following committees will meet today:

Banking and Insurance will meet at 1:30 p.m. in room 208W
Agriculture and Rural Development will meet at 2 p.m. in room 208W
Finance will meet at 3 p.m. in room 451M
Judiciary will meet at 3 p.m. in room 208W

The following committees will meet tomorrow:

Interstate Cooperation will meet at 9 a.m. in room 451M
Transportation and Infrastructure will meet at 10 a.m. in room 451M

The Senate is in recess until 5 p.m.

UPDATE:

The Senate reconvened this evening to receive committee reports and to consider legislation. One bill, Senate Bill 499, completed legislation. The Senate also passed four bills, advanced nine bills to 3rd reading, and advanced 11 bills to 2nd reading.

Bills passed include, House Bill 4175, which would create the West Virginia Small Business Emergency Act. The bill was passed with amendments and will be sent back to the House for consideration.

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

Vol. XXV Issue 7

Cheyenne DeBolt

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February 28, 2014

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Juvenile Records Bill Completes Legislation in House

House Floor Session

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February 28, 2014

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The House convened today to pass the Senate’s amendment on House Bill 4504, completing the legislation. This bill would authorize the Division of Juvenile Services to provide a juvenile’s records to agencies in other states that perform the same function and have legal custody of the juvenile.

Senate Bills 58 and 499 were amended and passed. Senate Bill 58 would provide basis for voidable marriages and annulments based upon being unaware of a one’s spouse’s prior felony convicitons. Senate Bill 499 would make the Prudent Investor Act the primary standard of care for the Investment Management Board. Due to the amendments, they will be communicated back to the Senate for their approval.

Senate Bill 460, permitting the School of Osteopathic Medicine to invest certain moneys in its foundation, had its second reading. There were 10 bills on first reading.

A citation was presented recognizing Edward Belcher.

The following committees will meet today:

House Finance at 1 p.m. in 460M
House Judiciary at 1 p.m. in 410M

The following committees will meet Sunday:

House Judiciary at 3 p.m. in 410M

The following committees will meet Monday:

House Judiciary at 8 a.m. in 410M
House Finance at 9 a.m. in 460M
House Education at 10 a.m. in 434M
House Health and Human Resources at 4 p.m. in 215E

The House is adjourned until 1 p.m. Monday.

Senate Remembers Lance Corporal Adam Johnson Crumpler

Senate Floor Session

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February 28, 2014

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The Senate adopted Senate Resolution 42, memorializing life of Lance Corporal Adam Johnson Crumpler. He joined the marines after graduating Riverside High School in 2003 and was deployed to Iraq in Operation Iraqi Freedom. While conducting combat operations against enemy forces, Crumpler was killed by small-arms fire in 2005 at 19 years old.

Senate Bill 344 and Senate Bill 345, both appropriations bills, were read a second time and advanced to third reading. House Bill 4384 was amended on second reading and advanced to third reading as well. The bill would require teachers of students with exceptional needs to be present at an individualized education program meeting or read and sign a copy of the education program plan.

There were nine House Bills read a first time and all were advanced to second reading.

The Senate is adjourned until Monday at 11 a.m.

In The Senate

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February 28, 2014

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As of 4 p.m., Thursday, February 27th, 2014, the 51st day of the 2nd session of the 81st Legislature, 631 bills have been introduced in the Senate. Of those, 146 passed and have been sent to the House of Delegates for consideration.

Senate Bill 252 would allow certain students that are expelled to return to school through the Juvenile Drug Court. Under provisions of the bill, parents, principals, superintendent and a county-board would have the authority to refer an expelled student to the Juvenile Drug Court. Upon successful completion of a certification given by the Juvenile Drug Court, the judge would notify the county superintendent and the student must be reinstated in school by the third day after notification.

Senate Bill 254 would set minimum care requirements that the Livestock Care Board must follow for equine boarding facilities. The minimum care requirements for boarding facilities would be an adequate amount of fresh, clean water, fresh hay and pasture sufficient for grazing, clean bedding, sufficient exercise and structures for shelter.

Senate Bill 391 would increase the salaries of teachers and school service personnel. By the fiscal year 2019, it is the goal of the Legislature to increase the salary of an entry level teacher to $43,000. The bill provides pay increase increments for teachers and school employees. School service personnel salary’s would increase by 2 percent.

Senate Bill 409 proposes to align school and school system accreditation and modify the time frame for county and school strategic plans. This bill would also add duties of the Higher Education Policy Commission and the Council for Community and Technical College Education.

Senate Bill 425 would update licensing, supervision and regulation of physician assistants. The current law regarding physician assistants hasn’t been updated in 30 years. The bill provides that a physician assistant does not need to be under direct supervision of a doctor but does have to be supervised. An agreement between the doctor and the physician assistant would be required, clarifying what the physician assistant can and cannot perform.

Senate Bill 455 would create the Move to Improve Act. This bill is in response to legislative findings of poor health statistics among children in West Virginia. This proposes that elementary schools and middle schools require no less than 30 minutes of daily physical activity. Physical education programs would be required to be submitted to the county board for approval.

Senate Bill 461 would create the West Virginia Future Fund. The proposal provides that 25 percent of oil and natural gas tax revenue over $175 million would be placed in a long-term investment fund to accumulate interest until 2020. The WV Future Fund is modeled off of North Dakota’s Legacy Fund which has accumulated over $1 billion in funds in just three years.

Senate Bill 467 would update a code that relates to criminal conviction expungement. The bill would prevent a person who has been convicted of domestic violence from seeking criminal record expungement.

Senate Bill 469 would create the Veterans and Warriors to Agriculture Fund. The proposal would give authority to the Department of Agriculture to fund and maintain programs that would encourage, support and develop agricultural opportunities for veterans of West Virginia.

Senate Bill 523 would build a skilled nursing facility in Beckley for West Virginia veterans. The Department of Agriculture would give land for construction based on an agreement with the Department of Veterans. The facility would be equipped with 120 beds and a staff of skilled nurses. The construction and the facility would be funded by the Veterans Lottery Fund, Veterans Nursing Home Building Fund and the Veterans Nursing Home Debt Service Fund.

Senate Bill 539 would allow a law-enforcement officer with the proper and legal licensing, to carry a firearm while employed as a school security guard.

Senate Bill 552 would increase the minimum penalties for transporting Schedule I and II narcotics into the state. The purpose of this bill is to give judges more discretion when deciding the appropriate sentence by adding that the maximum sentence of 15 years.

Senate Bill 579 would improve land and housing development in West Virginia. The bill provides all municipalities and counties an option to create a land banking program. This program would eliminate and address vacant, delinquent or foreclosed properties.

Senate Bill 600 would give municipalities authority to require owners of vacant buildings to maintain the vacant buildings.

Senate Bill 603 relates to methane detection in underground mines and makes three changes. Methane in underground mines would require a handheld detection device. Acceptable methane levels would increase from 1.25 percent to 1.5 percent. If levels are 1.5 percent, extraction equipment must de-energize automatically.

Senate Bill 621 would allow insurance providers to offer flood insurance in West Virginia. The proposal provides coverage limits, rate options, and requires an insurer to notify and file a plan of operation with the Insurance Commissioner.

In the House

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February 28, 2014

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As of 4 p.m., Thursday, February 27, 2014, the 51st day of the 2nd session of the 81st Legislature, 1239 bills have been introduced in the House. Of those, 148 have passed and have been sent to the Senate for further consideration. Among those:

House Bill 2446 would make it a crime for someone over the age of 18 to solicit a minor at least four years younger than that person with the intent to persuade, lure, entice, solicit or seduce the minor to commit any illegal act. If a parent, guardian, or custodian of the minor is convicted, he or she would be required to register as an abusing parent. If found guilty, the person would face a maximum fine of $10,000 and two to 15 years in prison. The second offense would result in imprisonment for up to 20 years and a maximum fine of $25,000, or both.

House Bill 2981 would clarify that historical reenactors are not participating in unlawful military organizations.

House Bill 4141 would make it unlawful to sell or offer drug paraphernalia. This primarily deals with items intended for use in ingesting, inhaling, or introducing controlled substances into the human body.

House Bill 4186 would require materials, supplies and equipment purchased by the state and its agencies to be made in the United States. Buying foreign goods would only be authorized when they are necessary for protection and safety and have no comparable American-made products, there is not enough quantity of the product produced in the United States or the American-made item exceeds the cost of a foreign-made item by more than 10 percent.

House Bill 4210 would remove life sentences without parole as possible conviction sentences for first degree murder and kidnaping committed by a juvenile. A life sentence would still be a possibility, but a sentence of at least 15 years would be added as a possibility as well. Parole would be an option after at least 15 years of incarceration.

House Bill 4221 would permit teachers under the State Teachers Retirement System to teach college level courses without losing benefits.

House Bill 4304 would provide rules for motor vehicles passing bicycles on roadways. Vehicles would have to pass to the left of the bicycle at a distance of at least three feet and not move right again until they are safely clear of the bicycle. If the bicycle is going less than the speed limit, the rider would be required to ride in the bicycle lane, or at the right-hand curb or edge of roadway.

House Bill 4316 would create the Student Data Accessibility, Transparency and Accountability Act. The act would require the Department of Education to make an inventory and index of all elements in the statewide data system publicly available. A data security plan would be required, with a data governance officer ensuring compliance.

House Bill 4327 would create a felony offense for health care practitioners who to prescribe, dispense, administer, mix or prepare a drug for means other than in a good faith, therapeutic manner in accordance with accepted medical standards.

House Bill 4335 would allow a mother to breast feed a child in any public or private location the mother and child are authorized to be. The mother would use discretion while breast feeding in public.

House Bill 4354 would require the reporting of all compensation, including contingent compensation for lobbying, paid to a lobbyist. This information would be required to be reported by the Ethics Commission.

House Bill 4360 would prevent debt collectors from using unfair or unconscionable means to attempt to collect from a consumer when the statute of limitations has expired, the debt is no longer owned by the original oblige or successor by a merger or acquisition, the debt has been sold or transferred to a debt collector, or the debtor has made no payment for at least 10 years.

House Bill 4490 would establish conflict of interest guidelines and financial accountability for the Attorney General. It would require the Attorney General to report to the Governor and the Joint Committee on Government & Finance on legal service contracts. These contracts would then be approved by the Secretary of State. This bill includes requirements for how attorney fees and expenses are dispersed.