Blog – Page 394

In the House

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March 24, 2005

As of 4 pm, Wednesday, March 23, 2005, the 43rd day of the 2005 Regular Session, 1,181 bills have been introduced in the House of Delegates. Of those, 19 have been passed by the House since March 16th and sent to the Senate for its consideration. These include:

House Bill 2229 would provide for the temporary detention of juveniles who are named in an emergency domestic violence protective order. Created in response to situations in which a juvenile is accused of domestic violence and magistrates are unwilling to detain the accused, this legislation would provide that a law enforcement official could take custody of a juvenile who is named in an emergency protective order by the juvenile’s parent or guardian. The detaining officer would be required to notify the Department of Health and Human Resources immediately and could detain the juvenile only in a non-secure or staff-secure facility.

House Bill 2522 would permit the operation of mini-distilleries, establishments that produce less than 20,000 gallons of alcoholic liquor annually, in West Virginia. The bill would require that at least 25 percent of the ingredients used to make the product are grown on the premises and would provide that no more than 25 percent of the ingredients used originate outside of the state. Under this legislation, mini-distilleries would be treated similar to farm wineries by allowing distillers to offer samples of and sell their products at the distillery, provided that sales are for off-site consumption only.

House Bill 2619 would provide that funds from revenues allocated to volunteer and part volunteer fire companies and departments may be expended for the payment of dues to national, state and county associations.

House Bill 2626 would allow active-duty military personnel stationed in West Virginia to hunt, fish or trap in the state without a license. The Director of the Division of Natural Resources would propose rules to verify that applicants qualify and to determine the type of identification required to be carried in place of a license while hunting, fishing or trapping.

House Bill 2783 would authorize the Director of the Division of Rehabilitation Services to allow school groups and other youth or civic organizations to use state vocational rehabilitation facilities. The Director also would be responsible for charging and collecting reasonable rent, provided that this money would be used exclusively for the maintenance of these buildings.

House Bill 2837 would charge the State Board of Education with prescribing personal finance instruction in secondary schools. The instruction would be integrated into the curriculum of appropriate existing courses for all students in secondary schools. This legislation is intended to provide students with a basic understanding of personal finances to prepare them for the future because, as outlined in the findings of the bill, individuals who have an understanding of personal finance are better equipped to manage money.

House Bill 2885 would reduce the number of tuberculosis skin testing required by school personnel, thereby reducing the cost and burden of repeated testing for these employees. Under current law, skin testing is required every other year and according to the findings in the bill, records show that this group of people has been a low-risk population for tuberculosis. Additionally, it would allow a physician or local health officer to seek an individualized course of treatment for people with tuberculosis, which would reduce their risk of developing multi-drug resistant tuberculosis.

House Bill 2914 would restrict actions against doctors who are board certified in reproductive endocrinology and infertility for in-vitro fertilization attempts that fail to result in live birth. Doctors would not be held liable in these situations, unless there is evidence of willful actions or gross neglect against the doctor.

House Bill 2936 would establish certain standards for the advertising of dental services by licensed dentists to prohibit false or misleading information. Among other provisions, the standards would ensure that the dentist’s licensing is clearly communicated in the advertisement and require general dental practitioners to disclose that they practice general dentistry. Any licensed dentist in West Virginia failing to comply with the new provisions would be subject to disciplinary action.

House Bill 3018 would designate the Mountaineer Challenge Academy, which is operated in Preston County by the Adjutant General, as a special alternative education program for students who are at risk of not succeeding in conventional schooling. Under this legislation, the State Board of Education would enact rules applicable only to this Academy that would, among other provisions, set precedence for National Guard policies and procedures in the program; provide that students participating in the special alternative education program at the Academy would be at full enrollment status in the county; and, provide for consideration of General Education Development (GED) eligibility in special circumstances.

House Bill 3105 would create a special revenue fund for the operation of the Occupational Safety and Health Program within the Division of Labor. The Commissioner of Labor would make expenditures from the fund to obtain federal money for the management of this program under contract with the federal Department of Labor.

Completed Legislation

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March 24, 2005

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Senate Bill 153 relates to ethical standards of public officers and employees. The bill will modify confidentiality provisions in relation to complaints filed with the Ethics Commission. A provision that requires persons filing a complaint to not disclose any information regarding the complaint during an investigation by the Ethics Commission will be removed. The bill also will prohibit the submission of false information and provide penalties for providing such information.

Senate Bill 411 will extend the time given to the Tyler County Commission to submit for approval or rejection by the Tyler County voters an excess levy that will finance vital public services.

Senate Bill 413 will encourage competitive equality for state-chartered banking institutions with federally chartered institutions and other financial services providers in West Virginia. The process will be regulated by the West Virginia Commissioner of Banking.

Senate Bill 476 will allow hunters to use a red-colored artificial light when hunting coyotes. Current law allows for the usage of only amber-colored lights.

House Bill 2478 will remove provisions from current law mandating brewers of nonintoxicating beer to require distributors to submit certain balance sheets or financial records. Mandating these records are currently required for brewers to retain their franchise.

House Bill 2869 will allow a domestic corporation to convert to a domestic limited liability company. The corporation’s Board of Governors will be required to submit a plan for conversion to the company’s shareholders and adoption of such a plan will require approval from each shareholder.

House Bill 2510 will allow some public sector monies to be used to meet the requirements of the Workforce Development Initiative, a program that encourages working partnerships between educational institutions and the business community. This measure was drafted during the Interims and proposed by the Legislative Oversight Commission on Workforce Development for Economic Development.

Varied Demographics of Legislature Reflect Diverse Citizenry

Ann Ali

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March 24, 2005

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Varied Demographics of Legislature Reflect Diverse Citizenry

On Wildlife Diversity Day at the Capitol, lawmakers, employees, school children and visitors had the unique opportunity to learn about, observe and interact with some of the Mountain State’s most extraordinary native wildlife. Inhabiting the Rotunda for a day were eagles, hawks, owls, snakes, fish, insects and an opossum. Also, interactive educational displays were provided by various groups that work to manage and preserve West Virginia’s wildlife. (Photo: Shane Evans)

Representatives gather every January under the state’s Capitol dome in Charleston to take part in West Virginia’s democratic process; each individual earning his or her respective seat by a margin of victory through an election by the people. A glance at the members of the West Virginia Legislature returns no striking observation, but upon closer examination, that collective body is a reflection of the diverse citizenry it is sent to represent.

A vibrant picture of West Virginia’s residents is reflected through the analysis of the professions pursued by members of the Legislature. Being a legislator is more than attending legislative sessions and voting on proposed laws. State legislators spend large amounts of time assisting constituents, studying state issues during the interim and campaigning for elections, but West Virginia’s Legislature is considered a part-time citizen Legislature, since the members hold jobs outside politics throughout the year.

This type of citizen Legislature is traditionally found in more rural states with smaller populations, such as Vermont and Kansas. The legislators found most commonly in this year’s session are attorneys and businessmen and women. Eighteen members are retired, from such various fields as nursing, education, business ownership and broadcasting and 12 members are current educators. Three members claim farming as their business along with three bankers. There are members who are pharmacists, physicians, professional drivers and public relations specialists.

Most religions are represented through this Legislature as well. Forty members are Methodist, 26 Catholic, 14 Protestant and 13 are Presbyterian. There are members who are also Jewish, Mennonite, Wesleyan, Serbian Orthodox and members of the Church of Jesus Christ of Latter Day Saints.

A 2003 U.S. Census Bureau estimate of West Virginia’s population is 1,810,354. At 134 members, the Legislature represents a tiny faction, but is very representative through the convergence of each member’s individuality. Only 3.2 percent of West Virginia’s population in 2000 consisted of African American persons and 14.8 percent of West Virginians held a Bachelor’s Degree or higher; two members of the Legislature in 2005 are African American and 121 of the 134 members hold a Bachelor’s Degree or higher, by comparison. Of those members, 32 received that degree from an institution outside the state.

Membership in various organizations is also represented through the members of the WV Legislature, including 24 members of the National Rifle Association and 35 members who served in the U.S. Military. Eleven members are also Masons, and many members belong to the Lions Club, Moose Club, and Veterans of Foreign Wars.

Members of the Senate often get a start by serving in the House of Delegates first. Fourteen of the current 34 Senators were Delegates first, and an interest in politics could have been cultivated even earlier for the six members of the Legislature who had a parent or grandparent in the Legislature. Eighteen members were appointed to a position in the Legislature at some time and 25 of the current membership were born outside of West Virginia.

No population would be complete without interesting quirks and the Legislative members are no different. Some member belong to the Harley Owners Association, are former WVU Football stand outs, Herndon Interns, delegates to the Peoples Republic of China, Hunter’s Safety Class instructors, Civil Air Patrol members, Knights of Columbus, horse trainers, Amateur Radio Club members, volunteer fire fighters, lay preachers and sons and daughters of the American Revolution.

Each member relocates for 60 days out of the year to participate in the very public service of serving in the Legislature. Members leave homes, families, jobs and other lives; the true definition of a citizen legislature. Each individual’s experience and perspective is brought to the bargaining table as an ensemble which wholly represents the population who have elected these citizens to make the best decisions for the state.

In the Senate

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March 17, 2005

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As of 4 p.m. Wednesday March 16th, 2005, the 36th day of the Regular Session, 563 bills have been introduced in the Senate. Of those, three have been passed by the Senate since March 9th and sent to the House for its consideration. These were:

Senate Bill 222 would define business members for the purpose of the state’s Workforce Investment Board. The state’s Workforce Investment Board consists of 39 members who are appointed by the Governor with advice and consent from the Senate. Since the members must be representatives of business in the state, this bill clarifies who is considered to be a “business representative.”

Senate Bill 235 would allow the Commissioner overseeing the actions of West Virginia’s participation in the United States Department of Agriculture’s National Animal Identification System to propose rules to govern the collection of data. This bill also would exempt animal identification data from disclosure under the Freedom of Information Act.

Senate Bill 413 would allow the Commissioner of Banking to create an application and approval process for state-chartered banking institutions. The bill also would afford the opportunity for state-chartered banking institutions to become equally competitive with federally chartered institutions and other financial services providers operating in West Virginia.

A Sampling of Bills Introduced In The Senate

Senate Bill 505 would create the Indigent Defense Commission. This eight-member commission, would advise the executive director who has the power to reduce or reject vouchers and, with the consent of the commission, may remove certain board members of corporation for negligence.

Senate Bill 506 relates to the salaries of rehabilitation counselors. The bill would require rehabilitation counselors employed by the Division of Rehabilitative Services to be paid equal to public school counselors.

Senate Bill 510 would establish the Infection Control Act of 2005. This act would allow for the creation of the Infection Control Advisory Panel, which would promote a voluntary program to control and prevent infections in hospitals and other health facilities in the state.

Senate Bill 517 would waive the one-year residency requirement for filing a name change for certain individuals. The exemption would apply to people who have lived in this state longer than anywhere else, but who have moved to another state and have not yet established residency.

Senate Bill 521 would establish a study on flood insurance. The study would focus on the possibility of requiring flood insurance and /or general property insurance on all buildings owned by a county board as well as the contents of those buildings.

Senate Bill 523 would allow for certain children to be exempt from mandatory immunizations. This would apply to children whose parents do not want the immunization on the basis of moral or religious beliefs. The parents of the children would have to state their beliefs in an affidavit and complete an informed consent form provided by the Bureau of Public Health.

Senate Bill 527 would require insurance companies to provide information to people who were denied homeowners’ insurance. This would only be done upon the request of the applicant and with payment of a processing fee.

Senate Bill 532 would revise the West Virginia Public Employees Retirement Act. The addition would allow state employees who were unable to convert accumulated sick leave, due to illness, into credited service for retirement to have the option to purchase it back by having withholdings taken from future pay checks.

Senate Bill 534 would specify which items should not be delivered or possessed by individuals who are being held in a state jail, correctional facility or juvenile center. The bill also establishes criminal penalties for transporting certain items onto the grounds or aiding in an escape.

Senate Bill 539 would allow the Board of Dental Examiners to immediately suspend or revoke the license of a dentist if the board determines it should protect the public from an immediate danger.

Senate Bill 543 would give tax incentives to non-residential owners of managed timberland. The tax break would be granted to allow the general public to use the land for recreational purposes, such as hunting, fishing, hiking, and photography.

Senate Bill 547 would allow the Division of Motor Vehicles to create and sell sports’ compact license plates. The license plate can bear the logo or trademark of any sporting team or franchise for which the commissioner has obtained consent.

Senate Bill 552 would make it a misdemeanor to sell an unstable horse. An unstable horse is defined in the bill as any riding horse that is more than two years old that exhibits dangerous qualities, of which the seller is aware, such as kicking, biting or lunging.

Senate Bill 563 would protect consumers from financial losses due to the fraudulent activities of individuals selling vehicles. The bill would require a salesperson to receive a license from the Division of Motor Vehicles. The bill also adds authority for the Division to do a background check.

In the House

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March 17, 2005

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As of 4 p.m. March 16, 2005, the 36th day of the Regular Session, 1074 bills have been introduced in the House of Delegates. Of those, 11 have been passed by the House since March 9 and have been sent to the Senate for further consideration.

House Bill 2002 would create a system of bail bond forfeiture procedures. The bill would require an arrest warrant for any defendants receiving to bail and then failing to appear in court. The court would allow 90 days for the underwriter to produce the defendant.

House Bill 2078 would require the spaying or neutering of dogs or cats adopted from humane shelters or county animal shelters. Persons could only adopt animals if they have previously been spayed or neutered; if a veterinarian performed the procedure at the shelter; or, if the person signs a document promising to have the animal spayed or neutered within 30 days of adoption. Nothing in the bill would authorize an agency to spay or neuter a dog or cat if the dog or cat is claimed by and returned to its owner within five days of being captured.

House Bill 2150 would expand the locations where one could file a child abuse or neglect petition. Current law requires the complaint to be filed in the county where the child resides, but this bill would expand the sites to the county where the offender resides, or where the abuse or neglect occurred. However, a petition may not be filed in more than one county if it is based on the same set of facts.

House Bill 2227 would prescribe minimum standards for municipal judges by requiring them to continue their education by attending training sessions at least twice during their term. It also would require those applying for municipal judgeships to undergo a criminal background check conducted by the West Virginia State Police. If the applicant were guilty of committing a misdemeanor or a felony involving a crime reflecting bad character, or corruption, he or she would not be eligible to become a municipal judge.

House Bill 2271 would eliminate conflicting provisions found in the West Virginia Code concerning the award of expert fees in child neglect and abuse proceedings. The bill would strike the language that says the court of order shall provide for the payment of expert witnesses.

House Bill 2523 would make it a misdemeanor for a former inmate to contact any employees of the Department of Corrections without specific written consent. It also would require that inmates be informed of this law upon release. Any persons guilty of violating this law would be subject to a maximum fine of $500.

House Bill 2525 would remove a provision from the West Virginia Code that requires the State Board of Education to contract with an independent agency to evaluate the results of character education and report these results to the Legislative Oversight Commission on Education.

House Bill 2527 would authorize employees of multi-county vocational schools to administer performance tests for service personnel in the counties served by the school. Current law allows only employees of the county board of education to administer the tests.

House Bill 2813 would remove the requirement that a public utility must first obtain a certificate of public convenience and necessity from the Public Service Commission before it can apply for other necessary licenses and permits.

House Bill 2869 would allow corporations in this state to convert to limited liability companies. The corporation’s Board of Governors would lay out a plan of conversion and approval of the implementation would require an affirmative vote from each shareholder. If the measure were approved by shareholders, then the Secretary of State would issue a certificate of conversion.

A Sampling of Bills Introduced In The House

House Bill 2815 would expand the use of a child passenger restraint device or a booster seat from four to six years of age and from 40 pounds to 60 pounds.

House Bill 2816 would create the West Virginia Healthy Act of 2005. The bill would establish that soft drinks sold through vending machines would not be permitted in areas accessible to students in an elementary school or middle/junior high school. In addition, senior high schools offering soft drinks in vending machines must offer the same amount of healthy beverages. The bill also would require minimum amounts of physical activity for students in grades K through 12.

House Bill 2992 would include the participation in the operation of a clandestine drug lab involving destructive devices, explosive materials or incendiary devices as a crime of wanton endangerment.

House Bill 3040 would provide maximum time limits for one-way bus transportation for any new bus route created to transport students if their particular schools were closed or consolidated. The limitations could only be dismissed if a separate vote by a county board, the School Building Authority and the State Board of Education approved.

House Bill 3047 would add the use of any substance or object to produce methamphetamines as a misdemeanor in the West Virginia Code. It goes further to note if any person produces more than 10 pounds of methamphetamines in 24 hours, then he/she would be guilty of a felony and would be jailed for at least 26 years and fined anywhere from $100,000 to $1 million dollars. The bill also notes that if a person operates or attempts to operate a methamphetamine laboratory in the presence of a child under the age of 18, then he/she is also guilty of a felony. Offenders would not be eligible for parole until the minimum term was served.

House Bill 3049 would add a new section to the Code regarding reckless actions relative to starting a fire. Any person who creates carelessly and without provocation a substantial risk of death or serious bodily injury to another, is guilty of a felony. If convicted, the person will be sentenced from two to 10 years and fined up to $10,000.

Completed Legislation

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March 17, 2005

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Senate Bill 146 would establish the Unborn Victims of Violence Act. The bill would recognize an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person, and it would establish that the pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims. Exceptions to the bill include: acts committed during a medical abortion; acts or omissions by medical or health care personnel as a result of medical services; acts or omissions by medical or health care personnel in performing lawful procedures involving embryos that are not in a state of development in utero; acts involving the use of force in lawful defense of self or another, but not an embryo or fetus; and, acts or omissions of a pregnant woman in respect to the embryo or fetus she is carrying.

House Bill 2495 would repeal the section of the West Virginia Code regarding jail inspection. Currently the code states that at least once every year the circuit court of each county must appoint three persons including a physician, to inspect the jail. These individuals are to inspect the jails and report its condition. This bill will repeal this section.

Visitor Experience Forges Connection with State Government

Ann Ali

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March 17, 2005

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Visitor Experience Forges Connection with State Government

state capitol steps — “Public buildings, and especially the State Capitol, constitute the best evidences of the character of material, success and solidity, culture and civilization of the state…” – Cass Gilbert, Architect (Photo: John Tice)

Although the Capitol dome is undergoing a restoration for the next two years, West Virginia’s statehouse continues to serve as an incubator for inspiration. Housing the offices of the Governor, the Supreme Court of Appeals, the Constitutional Officers and the Legislature, the architectural wonder belongs to the citizens of West Virginia. As such, the road to the Capitol is never long.

During the year, visitors come from throughout the world, nation and state to photograph and experience the work of Cass Gilbert, the Capitol’s architect who is noted for his simplicity, just proportions, beauty and refinement.

Throughout the year, residents come to the Capitol to conduct business or to seek assistance in one form or the other. During the Legislative Session, people come to be heard.

Although letters and telephone calls are taken seriously during the Interim, the volume of a collective voice of like-minded people is amplified for 60 Days of the Regular Session during the first three or four months of each year.

As voters have become more politically aware in the past few years, more citizens come to the Capitol to participate in the democratic process. For a first time visitor, the trip can be daunting, yet always exhilarating…and maybe frustrating.

To further encourage citizen participation, a few tips on taking the road to Charleston may be helpful to interested parties.

First and foremost, plan an arrival date. Because some days are set aside for specific legislative actions, it may be difficult to contact a lawmaker. For instance, Mar. 21st is the last day for the Senate to introduce bills in the State Senate and Mar. 25th is the deadline for the House of Delegates. Members of both bodies will more than likely be holding day-long sessions to ensure bills they are sponsoring make it to the hopper. In addition, Mar. 27th is the last day for bills to move from committees and Mar. 30th is the last day for bills to be addressed in their house of origin. Again, long sessions are expected.

Also, let representatives know when you are planning to travel to the Capitol. This will allow them to set aside time or to let you know they may be carrying out their legislative responsibilities and time may not be an option.

Plan an agenda and know your bearings. An information packet may be downloaded from the Legislative Web site which details a Capitol map with legislative office locations. The identification of Senate and House district representatives can be made easier by obtaining a Directory of the 77th Legislature from the Public Information Office or by reviewing district maps on the legislative Web site. The information packet also provides locations of handicapped entrances and restroom facilities.

If observing a floor session is on the itinerary, a pattern has emerged in recent years whereas the membership may be required in their Chambers at 11 a.m. There is no set length of time for floor proceedings so full debate may be conducted. Committee meetings generally occur in the afternoon or in the late evenings.

Because of the volume of people coming to the Capitol during the Legislative Session parking is always an obstacle. While parking spots are readily available throughout the year, the amount of traffic arriving during session, too, is amplified. Sharing a ride takes on a whole new meaning during this deliberative time.

Free parking is available at Laidley Field, located West of the Capitol Complex and shuttle buses travel to and from the Capitol every 15 minutes. Many organizations charter buses while school children are brought by their familiar ride, the school bus.

The Capitol Cafeteria also sees its capacity stretched to its limit. Expect lines and plan accordingly. Some visitors take advantage of the time spent in Charleston to experience local restaurants while others grab a bite at nearby fast food establishments.

Oftentimes people ask what clothes are appropriate. Citizens have the luxury to come as they are within reason but coat racks are not available. It is recommended to lighten purses and wear comfortable walking shoes since marble flooring is not forgiving.

The Legislature is in its remaining 23 days of session as of March 17th. For those citizens who do not make it to Charleston in 2005, each is encouraged to visit during 2006.

The citizens of the State maintain the State Capitol. Voters select who will serve as their representative voices. With this authority, people are welcome to come home at any time, since the road is never long.

Vol. XVI Issue 5

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March 17, 2005

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Vol. XVI Issue 4

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March 10, 2005

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In the Senate

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March 10, 2005

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As of 4 p.m. Wednesday, March 9th, 2005, the 29th day of the 2005 Regular Session, 500 bills have been introduced in the Senate. Of those, 12 have been passed by the Senate since March 3rd and sent to the House for its consideration. Some include:

Senate Bill 19 would eliminate the currently dormant Advisory Board for the Secretary of the Department of Health and Human Resources and add the Office of Inspector General. The Inspector General would report directly to the Secretary. Neither the Secretary nor any employee of the Department would be able to prevent, inhibit or prohibit the Inspector General or his/her employees from initiating, carrying out or completing any investigation, quality control review or other oversight of public integrity.

Senate Bill 78 would expand the Route 2 and Interstate 68 Authority to include 26 members, adding Cabell, Mason and Jackson Counties to the authority. Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia counties are already covered. The Authority was established to promote economic development and tourism along West Virginia Route 2 between Huntington, Parkersburg and Chester and also Interstate 68 between Moundsville and Morgantown.

Senate Bill 101 would allow a county commission or municipality to request the Commissioner of Highways to designate and operate a traffic control signal as a flashing signal. If the request is approved, then the county commission or municipality making the request would be responsible for costs incurred by the Division of Highways.

Senate Bill 107 would remove criminal penalties for a person whose dog, without the person’s direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird. The person retrieving the dog would not be permitted to take game from the land, kill domestic animals or fowl or cause other damage to the land.

Senate Bill 152 would allow county commissions to designate one day, which is not currently a legal holiday, as a legal holiday. The chosen day would be substituted for one of the regularly scheduled legal holidays, but the same day would not be permitted to be substituted two years in a row. The current legal holidays are New Year’s Day, Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day and any day on which a general, primary or special election is held.

Senate Bill 226 would require child protective service workers, adult protective service workers, law-enforcement officers and humane officers to share information and coordinate efforts for suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults, suspected animal cruelty or inhumane treatment. The bill would outline specifications for the cross-referencing of abuse claims because of the belief that a person who abuses animals has a propensity to abuse humans.

Senate Bill 268 would change current state law to conform to federal requirements by providing that possession of beer and liquor by a person under the age of 18 would be considered a status offense instead of a misdemeanor. Status offenses are considered crimes that only a juvenile could commit, such as truancy or underage possession of alcohol. Any person under 18 who purchases, consumes, sells, possesses or serves beer would be guilty of a status offense and upon conviction, would be referred to the Department of Health and Human Resources for services, instead of the current jail time and monetary penalties.

Senate Bill 280 would remove payment of registration fees of a licensing board or commission of the state. State licensing or registration requirements would be suspended during a period of absence for active duty for any member of the Armed Services of the United States or the National Guard, or other reserve component of the Armed Forces until 60 days after the member’s return from active duty.

Senate Bill 411 would allow the Tyler County commission to meet as a levying body for the purpose of presenting an election to the voters of the county. The election would be on the question of authorizing an excess levy for vital public services in Tyler County between March 27 and 28 until the second Monday of April 2005.

A Sampling of Bills Introduced In the Senate

Senate Bill 465 would establish the Food Tax Relief Act, eliminating the consumer sales tax on food and food products sold in grocery stores over a three-year period. On and after January 1, 2006, the food tax would be reduced from six percent to four percent and after January 1, 2007, the tax would then be reduced to two percent.

Senate Bill 470 would prohibit the use of handheld cellular telephones while driving and provide a penalty for violations. A person would be fined for a violation, but no points would be assessed against his/her driver’s license. Any person violating the provisions would be guilty of a misdemeanor and upon conviction would be fined up to $100. If there is a second conviction within one year, the fine would be up to $200; and, upon a third or subsequent conviction, the fine would be no more than $500.

Senate Bill 477 would require a paper copy of a voter’s votes when using an electronic voting system; provide that the paper copy could only be used for a random count of precincts or if an election is contested; and, to provide that the Secretary of State may enforce rules. This bill would look to ensure voter confidence in the electronic voting system.

Senate Bill 482 would allow a member of the West Virginia National Guard who is receiving payments for tuition and fees and is discharged from the military service due to wounds or injuries received in the line of duty, to continue to receive payments as if he/she were still a member of the West Virginia National Guard.

Senate Bill 484 would lower the normal retirement age for State Police officers; specify starting date of annuity; eliminate any reduction in the benefit of a State Police officer who is disabled on the job; define month of service and years of service; and, specify the starting date of retirement payments. Members would be able to retire with full benefits upon either attaining age 50 and completing 25 or more years of service or attaining the age of 52 and completing 20 or more years of service. A member who is less than age 50 would be able to retire upon completing 25 or more years of service.