As of 5 p.m., Wednesday, January 16, 2008, the eighth day of the 2008 Regular Session, 238 bills have been introduced in the Senate. A sampling of those bills include:
Senate Bill 1 would prohibit the price gauging of oil. Any entity, business, person, or contractor offering to sell heating oil, gasoline, or motor fuel for more than 10 percent above the market value would be in violation of this law. This bill grants the Attorney General the authority to investigate and charge persons participating in the price gouging of heating oil, gasoline and motor fuel any time during the year.
Senate Bill 7 would establish a Flood Protection Planning Council. This council, which would be composed of five members from appropriate state agencies, would work together to perform various tasks, such as coordinating flood protection programs, reviewing current emergency plans and updating the state flood protection plan. The committee chair would report to the commission at least four times a year on the status of flood protection planning, proposed legislative recommendations and submit an annual report. The bill would allow for the formation of The State Flood Protection Planning Advisory Committee, which would evaluate the effectiveness of current emergency plans and make suggestions for more beneficial ones.
Senate Bill 9 would mandate a firearm safety program in public schools. This bill would offer students in grades seven through nine an opportunity to learn about firearm safety during a two-week orientation program. The advice and information involved with this program would come from the Division of Natural Resources.
Senate Bill 18 would allow paid sick leave to be used as paid family leave. An employer would be allowed to require certain articles of certification from the health care provider of the ill family member. In this event, health care providers would record that the family member or employee has a serious health condition, the date they treated the patient, the expected duration of the illness, and information regarding the health condition.
Senate Bill 27 would increase the penalty of people under the age of 18 who use or possess tobacco. First time offenders would pay an increased fine of $100 and perform 40 hours of community service, which is 31 hours more than previously required. Second time offenders would pay $150 in fines and have to complete 60 hours of community service. Also, repeat offenders would have their junior or senior driver’s licenses revoked. In the event that they do not have either license yet, they would be considered ineligible to apply for any type of driver’s license until they are 18.
Senate Bill 56 would provide fee waivers for certain higher education students. Each state institution would waive all fees for students who are residents of West Virginia and have successfully completed certain programs. These programs are those in the health sciences that assist junior and senior high school students to further their careers in the field of health sciences.
Senate Bill 65 would establish a school uniform incentive program for elementary schools. The bill would set aside $100,000 for the State Education Board to provide funding for the participation of up to 10 schools. This pilot program would take place during the 2008-2009 school year. The first 10 schools meeting the established criteria would be chosen to adopt and use school uniform policies in their schools. Each chosen school will receive $10,000 to use towards implementing these policies.
Senate Bill 73 would require defendants to pay certain costs of incarceration. A sentencing court would meet to evaluate a defendant’s ability to pay the costs of incarceration. If the defendant were found to be able to pay the costs, then they would be responsible for the costs for up to 30 days of his or her incarceration.
Senate Bill 80 would require that adjoining landowners be notified of timbering operations. Notice of the filing of the registration to begin timbering operations would have to be sent to adjoining landowners by mail at least three days before the beginning of the operation.
Senate Bill 157 would require at private clubs all employees selling alcohol to take an awareness course. Retail outlet employees and employers hired before July 1, 2008 would have to participate in techniques for education and alcohol management program (TEAM) within 60 days of beginning work and every three years after that. However, persons working in the same venue before this date would have to complete the training every three years.
Senate Bill 162 would create drug courts to serve as alternative sentences for persons convicted of DUI’s. These alternative sentences would only be available to persons not convicted of violent crimes or any other felony in West Virginia. These courts would require these convicts to complete certain acts of rehabilitation including supervised continuous treatment, mandatory and periodic drug and alcohol testing, and the use of further rehabilitation services.
Senate Bill 176 would allow municipalities to provide free parking for certain veterans. These veterans would have to certain identification on their automobile that identifies them as a veteran. Motor vehicles displaying special registration plates for those veterans would be granted free parking.
Senate Bill 177 would increase the penalty for persons participating in activities associated with controlled substances with a child present. Anyone who is convicted of creating, possessing or distributing a controlled substance in the presence of a child would be charged with a felony, with a penalty of 15 to 35 years in a state jail.
Senate Bill 212 would require people wishing to renew their driver’s license to take a vision test. The vision test would be administered by the Division of Motor Vehicles and be the same for all applicants. People unable to pass the test the first time would be allowed to provide evidence to show that his or her vision has been corrected. However, people who fail the test and are unable to prove that their eyesight may be corrected in the future would be refused the opportunity to renew their licenses.
Senate Bill 213 would require Promise Scholars to repay their scholarship under certain circumstances. If a Promise Scholar elects to work outside the state after graduation, then they would be required to pay back the amount of their scholarship, in whole or in part. However, this rule would not be applicable to scholars who were not informed of this requirement in writing before the initial acceptance of the scholarship.
Senate Bill 216 would eliminate the coalbed methane tax exemption under the Severance and Business Privilege Tax Act. This bill would allow all coalbed methane, including methane produced after January 1, 2008, to be taxable as a natural resource. Coal bed methane wells in operation before January 1, 2008, would be exempt from this tax. This tax would make the taxation of natural gas and coalbed methane equal and give certain amounts of the tax revenue to the West Virginia Infrastructure Fund.
The statue, “The West Virginia Coal Miner” stands on the capitol grounds, “in honor and in recognition of the men and women who have devoted a career, some a lifetime, towards providing the state, nation, and world with low-cost reliable household and industrial energy.” After several mine tragedies in recent years, the statue’s significance has grown – as has state lawmaker’s continued push for safer mining legislation.