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Completed Legislation

(March 1 – March 8, 2006)

As of 4 p.m., Wednesday, March 8, 2006, the 57th day of the Regular Session, 1,505 bills have been introduced in the House, 231 of which have been passed by the House; and, 794 bills have been introduced in the Senate, 192 of which have been passed by the Senate. Below is a sampling of the 50 bills that have completed legislative action:

Senate Bill 13 states that a humane officer who is investigating animal cruelty and has a reasonable suspicion that a minor, incapacitated or elderly person is the victim of abuse, neglect or has a suspicion of domestic violence, should report the suspicion. When dealing with issues of suspected child abuse and/or neglect, the humane officer can report to the local child protective services agency of the Department of Health and Human Resources. Moreover, in situations involving suspected abuse or neglect of an incapacitated or elderly person, the officer can report to the department’s local adult protective services agency. In the event of suspected domestic violence, the officer can report to the State Police. Furthermore, the provisions in this bill add that whenever a law-enforcement officer who is responding to an alleged incident of domestic violence has reasonable suspicion that an animal is a victim of cruel or inhumane treatment, then the officer would be required to report the suspicion to the county humane officer within 24 hours of the response to the alleged incident of domestic violence.

Senate Bill 114 allows counties, with the approval of the city council in a given municipality, to adopt and apply a mandatory fee of up to five dollars on those convicted of felonies, misdemeanors or municipal ordinances to fund teen courts. Moreover, any mandatory fee established by a county commission or city council will be paid for by the defendant if he/she is found guilty of a felony or a misdemeanor committed in that county.

Senate Bill 242 allows states banks to issue more than one class of stock. The new provisions hold that banking institutions have the authority to issue shares of one or more classes of stock. Moreover, each share will be the same as any other share of stock within each class of stock.

Senate Bill 243 allows state banks to own shares of their own stock. A banking institution can purchase its equity securities for up to 10 percent of the bank’s net worth. The bank would have to do so in a 12-month period, or it can restructure its ownership interests for a legitimate corporate purpose without the prior approval of the Commissioner of Banking as long as the bank remains under federal regulatory guidelines before and after the purchase or restructuring. The bank would be required to apply for approval to purchase the equity securities on a form prescribed by the Commissioner. Also, the Commissioner will have the authority to approve or deny the application after considering whether the proposed purchase would constitute an unsafe or unsound practice.

Senate Bill 271 changes the time period that state banks must retain records from six years to five years.

Senate Bill 364 removes the sunset provisions from the West Virginia Jobs Act. The provisions in this bill require that the Division of Labor compile required information and submit it annually to the Joint Committee on Government and Finance by October 15.

Senate Bill 371 reduces the rate of tax paid on privilege of timber produced to 1.22 percent of the gross value after December 31, 2006.

Senate Bill 479 expands the funeral expense payment benefit to include all probation officers killed in the line of duty.

Senate Bill 481 states that any protective order issued by a court of West Virginia, which is served in compliance with the provisions of the West Virginia Rules of Civil Procedure and is served outside the boundaries of this state, carries the same force and effect as if it had been personally served within this state’s boundaries.

Senate Bill 489 authorizes the State Treasurer, upon written request from a political subdivision, to provide services of the office to a political subdivision and charge for those services.

Senate Bill 509 adds that an automobile manufacturer or distributor cannot cancel, terminate, fail to renew or refuse to continue any dealer agreement with a new motor vehicle dealer unless he or she can demonstrate that the termination is necessary because of a breech of a reasonable term of the agreement by a dealer. The dealer is required to weigh this against his/her personal interests and those of the public. Such interests include the relationship of the dealer’s sales to the sales in the market, the effect on the public cancellation of the franchise agreement would cause and the adequacy of the dealer’s sales and service facilities, equipment, parts and personnel in relation to other dealers in the market. New provisions add that if a contract is terminated, cancelled or not renewed, because the manufacturer is discontinuing the sale of a product line, then the manufacturer will be required to pay or provide the motor vehicle dealer with compensation that is consistent with the length of time the dealer carried the line and the investment and timing.

Senate Bill 530 updates the meaning of Federal Taxable Income and certain other terms used in West Virginia Corporation Net Income Tax Act.

Senate Bill 582 requires certain tax preparers that have prepared more than 100 personal income tax returns for any taxable year to file the returns electronically.

Senate Bill 591 authorizes the Tax Division to collect the cost of federal refund offset fees from the tax debtor. This bill provides that the amount of the offset fee imposed by the Internal Revenue Service (IRS) should be added to the taxes, interest and penalties owed by the taxpayer to the state.

Senate Bill 619 removes a restriction limiting service on the board of directors relating to the governance and organization of the West Virginia Physicians’ Mutual Insurance Company. The provision in the bill that stated no director could serve more than two consecutive terms has been removed.

Senate Bill 627 allows facsimile signatures on tax liens while eliminating the requirement for notarization of notices of tax liens and releases of tax liens when facsimile signatures are used. According to the new provisions, the facsimile signature would have the same legal effect as a manual signature.

Senate Bill 630 provides an insurer with the right to cancel or not renew a combination automobile and homeowners policy of insurance.

Senate Bill 635 requires that each county board shall maintain flood insurance on each insurable building that it owns. The building, in order to be insured, must be within an identified special flood hazard area on a flood hazard boundary map or a flood insurance rate map. Also, buildings that are on a 100-year floodplain and have replacement values that are greater than $300,000 must be insured. If the building has been damaged in a previous flood and flood insurance is required by the Federal Emergency Management Agency, then the school board would be required to maintain flood insurance.

House Bill 4047 allows a prosecuting attorney for a Class VI county which subsequently becomes a Class V county to remain part-time, providing that the part-time attorney would be compensated at the Class VI county level until it is determined by the prosecuting attorney and commissioner that a full-time attorney is needed.

House Bill 4063 allows the term “banker” to be used in the name of a non-bank company, if it is the legal name of a real estate franchisor and it is used in the tradename of a real estate brokerage firm who is a current or future franchisee of a real estate franchise system and the term “banker” stems from the use of a family surname.

House Bill 4437 authorizes the use of red flashing warning lights for the West Virginia Department of Agriculture on emergency response vehicles designated by the Commissioner of the agency.

House Bill 4472 permits a family court to receive a motion or petition for grandparents seeking visitation rights for a child residing in West Virginia. Previously, only a circuit court could receive such motions and petitions.

House Bill 4491 designates the third week of October as Disability History Week for the state of West Virginia. This measure assists in increasing awareness and understanding of the history and contributions of people with disabilities in the state, nation and world.

House Bill 4603 authorizes rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree granting institutions.

House Bill 4751 extends the time for the Board of Education of Grant County to meet as a levying body. The bill allows for the Board to meet between March 7-28 and the third Tuesday in April until the third Tuesday in May, 2006 for the purpose of presenting to the voters an election for an additional excess levy to provide funding for the operation, maintenance and repair of schools and to pay school personnel.

Sunset Legislation

Senate Bill 213 continues the Consolidated Public Retirement Board. This bill ensures that the board exists until July 1, 2008.

Senate Bill 214 continues the West Virginia Real Estate Commission until July 1, 2009.

Senate Bill 215 continues the West Virginia Board of Examiners in Counseling until July 1, 2008.

Senate Bill 218 continues the West Virginia Capitol Building Commission until July 1, 2009.

House Bill 4069 continues the Rural Health Advisory Panel until July 1, 2009.

House Bill 4239 continues the Division of Unemployment Compensation until July 1, 2010. The Division of Unemployment Compensation provides unemployment compensation services through the collection of employer contributions and the payments of benefits to eligible people.

House Bill 4310 continues the state Board of Risk and Insurance Management (BRIM) until July 1, 2011.

House Bill 4311 continues the Department of Environmental Protection until July 1, 2007.

House Bill 4349 continues the Division of Motor Vehicles until July 1, 2012.

House Bill 4350 continues the Family Services Protection Services Board until July 1, 2012. The Family Protection Services Board regulates and assists domestic violence programs, and it sets distribution formulas for state domestic violence money to ensure adequate funding of programs throughout West Virginia.

House Bill 4391 continues the West Virginia State Rail Authority until July 1, 2011. The State Rail Authority facilitates railroad transportation and commerce within the state. Currently the State Rail Authority operates the South Branch Railroad and the West Virginia Central Railroad.

Historic Vision Realized Through Recent Capitol Dome Restoration

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session winds down
Rotunda Activity Winds Down as Session Ends As the session comes to a close, longer sessions and committee meetings keep lawmakers at the Capitol throughout the remaining nights. The Statehouse is inhabited both morning, noon and night, but as this session comes to an official end on Saturday, March 11, 2006 at 12:00 a.m., the halls and passageways of the West Virginia Capitol will become much quieter as the last gavel strikes. Lawmakers who once graced the Capitol complex will return home to families, their goals of another legislative session accomplished and completed. (Photo: Martin Valent)

It is nearly impossible to pass through the city of Charleston without noticing the magnificent gold dome that sits atop the main Capitol building. Standing 292 feet above the ground, the dome can be seen from the interstates, boulevards and bridges that intertwine throughout Charleston.

Since its construction, the dome has been a prominent symbol of beauty and government for the entire state, and has played a dominant factor in the Capitol being named as one of the greatest capitol buildings in the United States. The dome also is close in design to that of the nation’s Capitol in Washington D.C., serving as a symbolic link between state and federal government.

Since the initial planning of the Capitol Complex, there was an agreement that the Capitol would feature a dome and rotunda. The dome of the Capitol was originally gilded in 1931 by the Mack, Jenney and Tyler Company. It is 75 feet in diameter and also, unfortunately, has been a lure for air pollution and other environmental assaults.

Although in the late 70s, an effort to restore the initial glory was made by having it painted gold and blue in order to save the state money. In the late 80s, another attempt to restore the dome with its original gilt also occurred. However, weather conditions were said to have affected the adherance properties of the gold leaf allowing for the development of unsightly stains.

In 2005, a large plastic covering which protected the work and provided climate control was removed to expose a newly gilded and aesthetically pleasing dome. The manner in which the massive dome was to be restored was determined by an online public poll. The public overwhelmingly supported the plan to return to the original design envisioned by architect Cass Gilbert, who built the Capitol in the 1930s.

This return to its original beauty allows citizens and visitors alike to marvel in the detail and architectural brilliance of Gilbert. For example, upon closer inspection of the Dome, there are a number of symbols and designs that were covered when it was given a monochromatic look in the 1980s. Since the restoration, viewers of the Capitol building are amazed at the intricacies and beauty of the images that up until very recently were hidden from view.

The meaning of the symbols, which appear on each panel of the Dome, are a mystery. This only adds to the mystique and majesty of the Capitol Building, bringing a sense of regalness and awe to the Kanawha Valley and to the many people who work within its confines.

Another interesting characteristic of the new dome, as designed by Gilbert, is that of an eagle at the very top of the dome, perched atop a 25-foot bronze spire built on a 34 ½-foot lantern. The eagle has a three-foot wide base and is over five feet tall. The tips of each wing are roughly a foot apart.

In the 1980s, two state photographers ventured to the top part of the dome and saw that both of the eagle’s eyes were in need of renovation; one had been shattered, and the other was completely missing. Overlooked in previous renovations, the eagle has been restored to its original splendor which features red marble eyes.

In the Senate

As of 4 p.m. Wednesday, March 1, the 50th day of the 2006 Regular Session, 165 bills have been passed by the Senate and sent to the House for its consideration. The following bills are a sampling of those passed by the Senate since Thursday, February 23:

Senate Bill 10 would allow a credit against a taxpayer’s tax liability for contributions to a community foundation with limitations on credits. This measure relates to personal income and corporation net income tax credits.

Senate Bill 18 would add the children and spouses of parole and probations officers killed in the line of duty to the individuals who can receive tuition and fee waivers at state institutions of higher education.

Senate Bill 219 would change the expiration for level one instructional permits and level two driver’s licenses. The bill would make level one permits and level two driver’s licenses valid until 30 days after the applicant turns 18 years old. The measure also prohibits the use of wireless communication devices, including cell phones, by a holder of a level one instructional permit or a level two intermediate driver’s license who is under the age of 18. This provision would only be enforced as a secondary violation and does not apply to those minors who are using the wireless communication device to contact a 9-1-1 system.

Senate Bill 251 would create the Beckley-Raleigh County Building Code Authority, which would oversee the state building code for the city of Beckley and Raleigh County. The authority would be equally supported by the Raleigh County Commission and the city of Beckley. The measure also would require Raleigh County and the city of Beckley to provide one half of the funds necessary to maintain the functions of the authority.

Senate Bill 265 would add to the West Virginia Veterans Memorial Monument the names of all West Virginians who died and may die while serving the United States in the Bosnia, Kosovo, Afghanistan or Iraq conflicts.

Senate Bill 489 would, upon written request of a political subdivision, authorize the State Treasurer to provide services of his or her office to a political subdivision and charge the subdivision for those provided services.

Senate Bill 496 would allow the transport of wildlife outside of the state for residents and nonresident who have legally killed, taken or capture game. If an individual does not legally kill, take or capture wildlife, he or she would be guilty of a misdemeanor and, if convicted, be fined between $20 and $300 and imprisoned in jail between 10 and 60 days.

Senate Bill 575 would grant the West Virginia Contractor Licensing Board the authority to restrict a licensee’s ability to work until he or she has satisfied an adverse judgment in favor of a consumer ordered by a magistrate court, circuit court or arbitration board.

Senate Bill 582 would require an income tax return preparer, who has filed more than 100 personal income tax returns for any taxable year that began after January 1, 2005, and he or she prepares one or more personal tax returns using a tax preparation software for a previous taxable year, to file all unamended personal income tax returns electronically. A tax preparer would not have to follow this measure if, for the previous taxable year, he or she prepared less than 25 personal income tax returns. In addition, electronic filing would not be required if the returns that were not required to be filed for taxable years beginning before January 1, 2006, returns for prior taxable years beginning before that date or amended returns for any taxable year.

Senate Bill 581 would amend the definition of “person” in relation to the motor fuel excise tax to include responsible persons. Specifically, the amended definition would include any estate, guardian, executor, administrator, limited partnership, co-partnership, organization, and any officer, employee or member of any of the listed terms who, as an officer, employee or member is under duty to perform or is responsible for the performance of an act prescribed by the provisions of the measure.

Senate Bill 591 would authorize the Tax Division to collect the cost of federal refund offset fees from a tax debtor. The measure also would create the Tax Offset Fee Administration Fund, which would be a special revolving fund within the State Treasury.

Senate Bill 598 would delete provisions that allowed for the distribution of accumulated contributions to the State Teacher Retirement System to a contributor with less than five years of service, who quits service or ceases to be a member, without their consent. The measure also would correct certain code references.

Senate Bill 604 would allow a state trooper who retires on a disability pension for an injury he or she sustained while in the line of duty to continue to receive a disability pension after age 55 instead of having the pension changed to a regular retirement pension.

Senate Bill 605 would allow applicants registering a vehicle or motorboat with the Division of Motor Vehicles to show the current year’s personal property tax receipt in addition to the previous calendar year’s receipt. This would eliminate the requirement that an applicant choosing to renew for two years show the tax receipts for the previous two years and allow the Division to accept verification of payment of personal property taxes by electronic means.

Senate Bill 751 would increase the pay of National Guard members to $100 dollars per day while he or she is in active service of the state. Currently, members of the National Guard are paid $75 a day.

Senate Bill 775 would allow a county commission to establish the annual salaries of the county commissioners, sheriff, circuit clerk, county clerk, assessor and prosecuting attorney. The measure also would provide additional compensation for an assessor for completing additional statutory duties.

Senate Bill 780 would prohibit expiration dates on gift certificates of less than three years with certain exceptions and limit imposition of various fees and charges that reduce the value of a gift certificate.

Senate Bill 789 would allow day report officers to arrest people charged with an offense or a violation of their supervision who surrender themselves to the officer. The bills also would allow the arrest of individuals already under supervision for certain violations committed in the officer’s presence.

Senate Bill 792 would merge Fairmont State Community and Technical College with Fairmont State University and rename the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.

In the House

As of 4 p.m. Wednesday, March 1, the 50th day of the 2006 Regular Session, 1,497 bills have been introduced in the House of Delegates. Of those, 211 bills have been passed by the House and sent to the Senate for its consideration. Some of the bills that passed the House this week and sent to the Senate are:

House Bill 3019 would add two additional programs to the current number of community volunteer enrichment programs in public schools. The added programs would be the West Virginia Remembers Program, for veterans to speak in the public schools, and the West Virginia Community Arts In Education Program, for artists to share their experiences in the educational setting. The bill also would authorize the state board to establish rules for the new programs’ implementation.

House Bill 4089 would provide that on January 1, 2007, registration plates issued to a city or municipality law-enforcement department would include blue lettering on a white background with the word “West Virginia” on top of the plate. The plate would be further designed by the DMV commissioner to include a law enforcement shield together with other insignia or lettering sufficient to identify the motor vehicle as a municipal law enforcement department motor vehicle. Additionally, every municipality would provide the commissioner with a list of law-enforcement vehicles operated by the law-enforcement department of the municipality, and pay a $10 fee for each vehicle submitted by July 1, 2006.

House Bill 4023 would raise the state minimum wage from $5.15 per hour to $7.25 per hour. The increase would occur in stages, rising from the current $5.15 per hour to $5.85 per hour on July 1, 2006. By July 1, 2007, minimum wage would increase to $6.55 per hour. The final raise to $7.25 per hour would occur on July 1, 2008. The bill also would make it so the state’s minimum wage would increase in accordance with federal legislation.

House Bill 4437 would authorize the West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights. The emergency response vehicles would be designated by the Commissioner of the Department of Agriculture.

House Bill 4444 would allow ginseng to be grown, cultivated and harvested on West Virginia public land when land grant university researchers are performing research or demonstration projects regarding the growing, cultivating or harvesting of ginseng.

House Bill 4456 would remove limitations on beaver trappings. Previous limitations included the number of traps, the location of traps, and would allow for the disturbance of structures constructed by beavers when trapping.

House Bill 4472 relates to family court jurisdiction in all proceedings that concern grandparent visitation to children who are minors. The family court would have the power to grant reasonable visitation to a grandparent upon a finding that visitation would be in the best interest of the child and would not substantially interfere with the parent-child relationship. Additionally, a family court would be able to terminate grandparent visitation if it is proven that a grandparent has violated the terms and conditions of the order of visitation.

House Bill 4487 would allow one individual, who is at least 16 years old, to be in a vehicle to assist a hunter with a Class Q permit. A Class Q permit is a special statewide hunting permit allowing certain sportmen to hunt all legal species of game during the designated hunting seasons from a motor vehicle. The individual assisting the permittee would not be allowed to hunt with a firearm, bow or crossbow while assisting the person with the Class Q permit.

House Bill 4679 relates to qualified gift annuities. The law would do the following: exempt charitable gift annuities from insurance commission regulation; require that organizations, when entering into an agreement for a qualified charitable gift annuity, disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of this state; and, to set forth penalties for failure to provide the required notifications.

Completed Legislation

(February 23 – March 1)

Senate Bill 216 will continue the Women’s Commission through July 1, 2008 unless sooner terminated, continued or reestablished. The Women’s Commission is funded through the West Virginia Department of Health and Human Resources.

Senate Bill 244 relates to state-chartered banks’ investment limitations. Unless waived in writing by the commissioner, a state-chartered bank may not invest or otherwise expend more of its capital and surplus calculated at the end of the previous calendar year on permitted activities on an aggregate basis, together with any of its approved financially related products and services than would be allowed for a national bank providing the same services.

Senate Bill 270 will make it so after July 1, 2006, when a vacancy occurs among the executive officers of state banking institutions the Banking Commissioner will list all state banking institutions according to each bank’s asset size and then divide the list into three groups so that there is an equal number of banking institutions in each group. The vacancy will then be filled from the appropriate group to ensure that each group has a representative on the board.

Senate Bill 370 will add equipment, machinery, implements, vehicles, supplies, crops and livestock used to engage in commercial farming to property that is exempt from taxation in relation to farming equipment and livestock.

Senate Bill 454 will remove the Commissioner of Insurance as the attorney in fact for health maintenance organizations (HMO) for service involving process purposes. An attorney in fact is a person who holds power of attorney, and therefore is legally designated to transact business and execute documents on behalf of another person.

Legislative Service Extends Beyond the Statehouse & Lawmaking Process

Lengthy debates, committee meetings and floor sessions where legislation is passed are what most people envision when they think of a state Legislature. West Virginia’s Legislature is authorized, under the State Constitution, 60 days a year to meet and pass laws necessary to govern our state. Special sessions can be called by the Governor if deemed necessary and interim meetings are held throughout the year, but the visible realm of the Legislature exists in those 60 days. Yet when these two months are up and the media’s attention is drawn elsewhere, the job of a legislator is not finished.

West Virginia has a citizens’ legislature, one that is comprised of our neighbors and colleagues, who are compelled to enter a life of public service. Because they serve in a part-time Legislature, lawmakers have other occupations outside of the Capitol. And from bus drivers, farmers and coal miners to attorneys, nurses and insurance agents, lawmakers truly represent the diverse population and personalities of all West Virginians.

When lawmakers leave the Capitol to return to their communities and jobs, their commitment to public service does not end. In many ways, it begins over again. Connecting with their constituents is at the heart of a legislator’s job, offering a pleasant break from the strict rules of procedure that govern committee meetings and floor sessions.

“You could stay on the road just attending meetings,” said one Senator, who has served in the Senate for 25 years.

Attending local governmental meetings, school functions, receptions, and visiting senior centers and the Boys and Girls Club, to mention a few, are a big part of how lawmakers stay involved in their communities and connect on a personal basis with their constituents.

According to one of the longest serving members of the House, there are numerous council meetings, boards of education meetings and special issue meetings on a local level that state legislators from the area attend throughout the year.

The Delegate views answering constituents’ questions and addressing their problems as the biggest part of a legislator’s job once he/she has left session.

“If a person takes the time to stop and talk to me about a problem, I certainly have the time to talk to them. Or if they take the time to write to me I certainly have the time to answer that letter, whether I call or write back. That is just a part of my job,” said the Delegate.

Both lawmakers have noticed the changes in the Legislature during their years of service. The advancement of technology and the prevalence of Internet use have allowed people to be connected daily to legislative activities, eliminating many questions about the status of measures. They both see the increased ability for quick communication and information as a positive improvement. But the Senator points out that while it removes frequent inquiries on the status of legislation, it opens new avenues of questions as constituents want to know the reason for a bill’s status.

“The [legislative] process is a thorough one, but it is not a quick one,” the Senator said.

The public sees some bills pass in a day, such as with the mine safety legislation this year. But under normal legislative circumstances, following rules of procedure would mean at least a week for a bill to pass one chamber, after it has left a committee.

Another change the Senator observed is that the public seems to feel more connected to their lawmakers with the increased use of e-mail and the Internet.

Legislators are not just the representatives of the districts they serve, but are frequently the only face of government people see. “The public see us as the go-between from them to all governmental agencies,” said the Delegate.

Legislators are public figures, a persona they do not leave in the Capitol when session ends and they walk out the doors and down the steps.

“You do get approached when you are just out with your family. But it just goes with the job. As the elected representative for our areas, we are the voice for the people of our district, and people want to make sure that voice is echoing their thoughts,” the Delegate noted.

When working with constituents, one of the largest misconceptions lawmakers run across is a general lack of understanding of the entire legislative process. Many people, when they come to observe the floor session, are taken aback by the lack of debate on individual bills, not realizing that the serious debate, work and reworking of bills happens in committees, observed the Delegate.

“Constituent relations is almost an educational process too,” said the Delegate, a former educator.

“In general people don’t realize the necessary collaborative process between the House and the Senate,” the Senator observed. “The Senate is not responsible for making all legislation nor is the House.”

“The public often seems to think that the job of a legislator is only part-time, which technically it is, but it is part-time through the entire year, not just 60 days a year,” said the Delegate. “It is commonly thought that we only work 60 days and the rest of the time we have nothing to do.”

The year round aspect of a lawmaker’s job is a time of preparation, allowing them a chance to live and experience the problems in the areas they represent, talk with constituents and gain important insight on issues. Then, when the yearly session rolls around, lawmakers have a clear vision of the agenda for their area.

The year-long commitment by delegates and senators is not something that is entered into lightly. Many of the lawmakers are drawn to these positions from the love of working with the public on a daily basis.

After retirement from a career as an educator, “I just wasn’t ready to quit,” said the Delegate. “A lifetime as an educator gave me a good background to work in the Legislature. In education you feel that you are a servant, helping young people solve their problems. That is what I do now, just on a larger basis.”

In the Senate

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As of 4 p.m. Wednesday, February 22, the 43rd day of the 2006 Regular Session, 774 bills have been introduced in the Senate. Sixty-three bills have been passed by the Senate and sent to the House for its consideration. The following bills are a sampling of those passed by the Senate since Thursday, February 16:

Senate Bill 47 would require that a governing body or a planning commission couldn’t discriminate in regard to housing. Moreover, they would not be able to require a factory-built home or its owner to obtain a permit. However, the provisions of this bill would not exempt factory-built homes from meeting the structural requirements of a historic preservation district.

Senate Bill 112 would establish an Alzheimer’s Disease Registry to be housed at West Virginia University. This registry would serve as a central information database for Alzheimer’s disease policy and planning. The registry would provide a central database of individuals with Alzheimer’s disease or related disorders. The information collected for this registry would be confidential, and no publication of information could be made that identifies the patient by name.

Senate Bill 183 would allow members of Lions International to receive special registration plates. To receive such a plate, Lions members would be required to prove that they are members of Lions International. The Division of Motor Vehicles (DMV) would charge an application fee of $10 as well as those fees that are already required by law. This special fee would compensate the DMV for additional costs and services required for issuing a special registration. These fees would be collected by the DMV and deposited in a special revolving fund to be used for the administration of this section.

Senate Bill 223 would change the manner in which health care and insurance agencies are examined by increasing the times that inspectors, such as insurance agents and health care entities, have to respond to reports from the Insurance Commissioner. The Commissioner previously had one year to respond, but the provisions of this legislation would require that at least once every five years they would be required to visit each health care corporation and examine its financial condition and business methods.

Senate Bill 236 would expand the definition of child abuse so it includes parental alcohol and substance abuse. These new provisions are defined as being an “imminent danger to the physical well-being of the child.” The definition would be expanded to include: abusing parent(s) or guardian(s) who have habitually abused or are addicted to alcohol, controlled substances or drugs to the point where they are unable to exhibit proper parenting skills.

Senate Bill 439 would strengthen the one-call system requirements for excavation work in the vicinity of pipelines by increasing the number of emergency response agencies to be notified in the event of resulting damage. An added provision to this legislation would require the operator of an underground facility to notify the excavator that the operator went to the site but did not leave a temporary marking of the location of underground facilities because there were no lines in the area of the proposed excavation or demolition. Another added provision would require that each intended operator report immediately to the appropriate medical, law-enforcement and fire prevention authorities about any break or leak in underground facilities. This provision also states that any damage to the facility that is made during the excavation be reported as well.

Senate Bill 467 would modify the employee group requirements for group life insurance. The provisions in this legislation would provide that the premium for group insurance policies be paid from the employer’s funds or from funds contributed by the insured employees. They could also be paid collectively by both. The provisions of this legislation would conform to the National Association of Insurance Commissioner’s model language.

Senate Bill 468, which relates to group accident and sickness insurance requirements, would remove the provision that stated if the premium is paid by the employer and employees jointly, then the group would not make up less than 70 percent of all employees or not less than 75 percent of all employees of any class or classes as they are determined by the conditions of employment.

Senate Bill 548 would define “basic universal design” to mean the design of products and environments that are usable by all people, to the greatest extent possible, without the need for adaptation or specialization as it relates to the basic universal design features.

Senate Bill 614 would add that after providing a 30 day notice to employees, the State Auditor would have the ability to provide electronic notification of payment for all direct deposit recipients. With this provision, an employee would have the ability to choose to receive electronic notification 30 days before the electronic notification is regularly made. This choice would have to be clarified by an employee on a form provided by the Auditor. This would be made effective July 1, 2006.

Senate Bill 631 would clarify the warrant and complaint process when a parent or guardian fails to comply with school attendance laws and a magistrate finds probable cause to believe that a guardian has committed an offense. This legislation would add that more than one legal guardian could be charged in a complaint. Initial service of a summons or warrant would be attempted within 10 calendar days upon receipt.

Senate Bill 632 clarifies electioneering communications, including definitions. This bill would exclude candidates for federal offices from the requirement to disclose electioneering communications. Moreover, the provisions of this legislation would not prohibit a corporation from directly communicating with its stockholders and executive personnel and their families on any subject.

Senate Bill 634 would exempt certain projects of West Virginia University and Marshall University from the Design-Build Procurement Act. The provisions of this legislation would require that a project consist of the alteration of a building(s). Some criteria that a higher education institution must meet to be exempt from the requirements of the Act would include: if the development agreement provides that all construction contracts require the payment of prevailing wages and that all costs of design and construction can be financed and paid for by the developer.

Senate Bill 635 would require that boards of education take out flood insurance on certain buildings that they own and the buildings’ contents. Any building that is within the identified flood hazard area on a flood hazard boundary map, labeled as a regulatory 100 year flood-plain and has a replacement value greater than $300,000, would be required to be insured by a board of education.