As of 4 p.m., Wednesday, February 25th, 2004, the 43rd day of the 2004 Regular Session, 1,251 bills have been introduced in the House of Delegates. Of those, the following 17 bills have been passed by this body since February 18th and are currently under consideration in the Senate.

House Bill 2384 would provide criminal penalties for negligently or carelessly shooting, wounding or killing a human being while hunting under the influence of alcohol or drugs. Any person who shoots and wounds a person while under the influence of alcohol or drugs would be charged with a misdemeanor and upon conviction fined between $2,000 and $15,000 and/or sentenced between two months and one year in jail. If a person shoots and kills a person while under the influence of alcohol or drugs, they would be charged with a felony and upon conviction fined between $5,000 and $20,000 and/ or placed in jail for one to three years. Restitution of actual medical costs and funeral, burial and crematory costs caused by the violation would be required if deemed necessary by the courts.

House Bill 4044 would increase the salary limit for the State Superintendent’s position. The annual salary for the State Superintendent of Schools would be raised to a maximum of $200,000 from its current $146,000 threshold.

House Bill 4053 would change the rate of compensation for members of the State Board of Education. This measure would change the current compensation rate of $100 per day to a rate of $500 per month.

House Bill 4096 would increase the veterinary fee for each cat and dog vaccinated for rabies. Any owner of a cat or dog whose animal is vaccinated for rabies at a clinic sanctioned by a county commission would be charged $8 per vaccination, raised from the current fee of $4 per vaccination.

House Bill 4141 would authorize patients or residents of certain health care facilities or homes to allow specified non-relatives to receive the same visitation privileges as immediate family members. The bill would establish new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities by permitting resident visitation privileges for non-relatives unless otherwise requested by the patient or legal designee.

House Bill 4156 would provide the West Virginia State Police with the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database. The bill would allow the State Police to require any person convicted of a felony to provide a DNA sample to be used for the sole purpose of criminal identification, provided that the request for the sample was made while the criminal was under the supervision of the criminal justice system.

House Bill 4257 would increase the amount of prizes that may be given in the conduct of charitable raffles without a license. The bill would raise the amount that can be awarded for a single raffle to $4,000 and the annual cumulative amount to $15,000.

House Bill 4271 would require all schools to permit students to self-administer asthma medication. A student enrolled in a public, private, parochial or denominational school located within West Virginia would be permitted to self-administer asthma medication as long as the parents or guardians of the student provide the school with written authorization and a written statement from the student’s physician or advanced practice registered nurse; the student has passed an assessment by the school nurse evaluating the student’s technique of self administration and understanding of the appropriate use of the asthma medication; and, the parents or guardians of the student acknowledge in writing, that the schools and their officials

House Bills that have completed legislative action since Feb. 19th:

House Bill 4011 brings terminology in the West Virginia Personal Income Tax Act into conformity with their meanings for federal income tax purposes. House Bill 4012 updates the meaning of “federal taxable income” and other terms used in the state’s Corporation Net Income Tax Act. Terminology addressed in this legislation will adhere to the definitions used for federal income tax purposes.

House Bill 4287 removes certain provisions of current law pertaining to salaries for certified employees.

House Bill 4348 will expire funds to the Treasurer’s Office – Banking Services from the Treasurer’s Office – Unclaimed Property Trust Fund.

House Bill 4349 makes technical corrections to sales tax law and would update the current law relating to the Streamlined Sales and Use Tax Agreement among the states to continue the state’s role as a decision-maker in executing the agreement would be exempt from any liability as a result of any injury arising from the self-administration of asthma medication by the student.

House Bill 4297 would clarify that a county board of education and its superintendent may designate where competency testing for service personnel will be held.

House Bill 4308 would provide immunity from civil damages to any worker, contractor, engineer or architect who, in good faith, provides services or materials for the installation of universal accessibility features if the action is done without pay. Also, to receive immunity, the accessibility feature that was built must be in accordance with applicable state and federal laws.

House Bill 4364 would include Division of Forestry employees in the assault and battery statute with similar state personnel. State law currently provides specific sentencing for unlawfully, knowingly and intentionally assaulting certain state employees while acting in their official capacity. This measure adds the employees of the Division of Forestry to that list of state personnel protected by this Code section.

House Bill 4374 relates to manufactured housing construction and safety standards. This bill would allow the West Virginia Board of Manufactured Housing Construction and Safety to issue a cease and desist order and impose penalties on anyone conducting business with regard to manufactured homes. Under provisions set in this bill, anyone engaging in business without a valid license would be guilty of a misdemeanor and fined between $200 and $1,000 for a first offense, fined $1,000 to $5,000 and/or 30 days to six months in jail for a second offense, and $1,000 to $5,000 and/or 30 days to one year in jail for a third and subsequent offense.

House Bill 4411 would change certain reporting requirements in the West Virginia Workforce Investment Act. The measure would require the Workforce Investment Council to establish within its strategic fiveyear state workforce investment plan an overall workforce investment public agenda with goals and benchmarks of success for the state, state agencies and for local workforce investment boards. Also, the bill would create the Workforce Investment Interagency Collaborative Team as the single state source for addressing issues or concerns relating to workforce development.

House Bill 4433 would create the crimes of abuse and neglect and misuse or misappropriation of the funds or assets of elderly persons. Current law provides this protection for incapacitated adults only.

House Bill 4434 would expand the possible venue where a child neglect or abuse petition may be filed. The bill would allow for petitions to be filed in a circuit court of the county where the custodial respondent or another named party resides and in the county where the neglect or abuse occurred, as well as where the child resides, which is currently enacted.

House Bill 4450 would permit the sale of timber severed in a state park incidental to construction activities. The sale of timber would be permitted if the construction is authorized by the Legislature and the sale of the timber is in the best interest of the of park development.

As of 4 p.m. Feb. 18, 2004, the 36th day of the Regular Legislative Session, 1,154 bills have been introduced in the House of Delegates. Of these, the following 21 bills have passed in the House since Feb.11 and were sent to the Senate for its consideration.

Committee Substitute for House Bill 2200 would make the destruction of property a felony offense. Under this bill, the penalty for taking, defacing or destroying property would be a misdemeanor and punishable by a fine of no more than $500 or jail time of no more than one year. Taking, defacing or destroying property worth more than $2,500 or more would be a felony, with a fine of no more than $2,500 or jail time of one to 10 years. Taking, defacing or destroying property that designates boundaries would be a misdemeanor with a fine of $20 to $200 or one to six months in jail.

Committee Substitute for House Bill 2914 relates to the rehabilitation and liquidation of insurers under the jurisdiction of the West Virginia Insurance Commissioner. This bill would modify current state law relative to liquidation proceedings to create conformity with a recent federal case law.

Committee Substitute for House Bill 4001 would ensure safer schools and empower teachers by automating student suspension and expulsion data. The bill also includes provisions that would refocus school and county improvement plans, revise school performance measures, and specify a salary cap of $107, 250 for the director of the Office of Education Performance Audits. Under this bill, the State Board of Education would establish early detection and intervention programs to assist underachieving schools and school systems.

House Bill 4134 would replace the Secretary of the Department of Commerce, Labor and Environmental Services with the Governor’s Chief Technology Officer as a member of the Employee Suggestion Award Board. The bill also would increase membership in the program by one senator and one delegate.

Committee Substitute for House Bill 4143 would create a West Virginia Center for Nursing to establish a statewide strategic plan addressing the nursing shortage in the state. Starting July 1, 2004, the West Virginia Nursing Shortage Study Commission would be dissolved and its powers and responsibilities would be transferred to the West Virginia Center for Nursing. The center would facilitate the recruitment and retention of nurses.

House Bill 4160 would require anyone working in a health care-related field to report to Adult Protective Services any suspected abuse or neglect of an incapacitated adult or faculty resident. The bill also would require Protective Services to interview the victim within 72 hours of receiving the report.

Committee Substitute for House Bill 4250 would prohibit anonymous complaints against court appointed psychologists or psychiatrists relating to a child custody evaluation. If the complaint relates to a child custody proceeding, the claimant would be responsible for all related fees if the psychologist or psychiatrist is not held liable. If the licensed psychologist or psychiatrist is found liable, then the psychologist or psychiatrist is responsible for fees for the claimant.

Committee Substitute for House Bill 4266 would require some regulatory agencies to study ways to expedite the issuance of licenses, permits and certifications. Agencies which would be included are the Division of Labor, the Office of Miners Health, Safety and Training, the Division of Forestry, the Office of Health Facilities Licensure and Certification within the Department of Health and Human Resources, and the Department of Environmental Protection, except for the Oil and Gas Inspectors Examining Board.

Committee Substitute for House Bill 4273 would transfer the authority to appoint guardians of minors from the County Commission to the Family Court.

Committee Substitute for House Bill 4282 would authorize crossbow hunting for disabled persons. The bill also would include provisions prohibiting shooting at any wild animal unless it is plainly visible; and, the use of using artificial light to hunt, locate, attract, or trap these animals. Also, the bill would prohibit any person from having a bow and a gun together when hunting in the fields or woods of West Virginia.

Committee Substitute for House Bill 4338 would provide for the issuance of special registration plates promoting education and allow the use of the special fee for the registration plates to fund transportation for school trips.

Committee Substitute for House Bill 4373 would make it a crime to alter a traffic-control device with an infrared or electronic device. Using these devices would be a misdemeanor offense punishable by a fine of no more than $500 and/or jail time of up to six days.

House Bill 4451 relates to the West Virginia Capital Company Act, and would clarify that the Economic Development Authority and Tax Commissioner would be authorized to require certain examination and compliance actions. This bill would require each capital company to be audited annually.

House Bill 4478 would lengthen the time period that county boards are required to publish a year-end financial statement from 60 days to 90 days. The reports would include the receipts and expenditures during the previous fiscal year; the name of each firm, corporation, and person who received more than $250 during that year; and, all debts and information regarding the debts.

Sunset legislation:

House Bill 4418 would continue the Board of Architects until July 1, 2014. House Bill 4419 would continue the Board of Landscape Architects until July 1, 2009.

House Bill 4479 would continue the Department of Health and Human Resources until July 1, 2005. House Bill 4480 would continue West Virginia’s participation in the Interstate Commission on the Potomac River Basin until July 1, 2010.

As of 4 p.m., Wednesday, February 11th, 2004, the 29th Day of the 2004 Regular Legislative Session, 1,043 bills have been introduced in the House of Delegates. Of those, 21 measures have been passed by the House since Feb. 5 and were sent to the State Senate for further consideration.

Committee Substitute for House Bill 3083 would allow magistrate court to be held in various locations throughout the state temporarily if the magistrate determines it is in the best interest of the public to do so; it would be cost effective; and, the interests of justices would be served.

House Bill 3097 would allow for all civil actions concerning West Virginia University to take place in Monongalia County and all actions regarding Marshall University to take place in Cabell County, rather than Kanawha County where they currently take place.

House Bill 3150 would prohibit state entities from requiring that any performance, payment, or surety bond required or permitted by this section be obtained from any particular surety company, agent, broker, or producer. This includes state officers, employees of any public agency, public authority, public corporation, or other public entity, including county commissions and municipalities.

House Bill 4011 would give terms found in the West Virginia Personal Income Tax statutes the same meaning as those found in Federal Income Tax statutes.

House Bill 4012 would give terms found in the West Virginia Corporation Net Income Tax statutes the same meaning as those found in Federal Income Tax statutes.

Committee Substitute for House Bill 4086 would include veterans from the Gulf War and Afghanistan conflicts on the Veterans’ Council.

House Bill 4259 would increase the cost of rabies vaccinations for the states’s dogs and cats at a clinic established by the County Commission from four dollars to eight dollars.

House Bill 4138 would prohibit someone from falsely representing himself as a public official or employee by copying or imitating markings of an official vehicle on his or her motor vehicle. This measure would charge a first time offender with a misdemeanor resulting in possibly one year in jail and/or a $1,000 fine. For a second offense, the individual would receive a felony charge and confined to a penitentiary for one to 10 years and/or fined $2,000.

House Bill 4140 would require that the Ethics Commission establish a code of conduct for state administrative law judges. Provisions in the code would include that state administrative law judges uphold integrity and independence of the administrative judiciary; avoid impropriety in all activities; and refrain from political activity inappropriate to the office.

House Bill 4142 would require County Clerks to create and post a disclaimer in their offices advising that certain restrictive agreements based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable.

House Bill 4144 would allow secretaries to set appointments for agents. Currently, secretaries are not allowed to establish the agent’s appointments. The legislation states this prohibition is costly, time consuming and counterproductive to the agent’s management of time.

House Bill 4148 would allow bail bondsmen to deliver offenders to county or regional jails without the appropriate papers, if they are unable to access the Circuit Clerk’s Office. Under this bill, the bondsman is required to claim the bailpiece from the Clerk by the next judicial day or face misdemeanor charges.

House Bill 4259 would revise the current composition, powers and duties of the Governor’s Cabinet on Children and Families. The Cabinet would, among other duties, oversee technical assistance and appropriate money that may be available for family resource networks. It also would evaluate early parent education programs and other community based initiatives. In addition, the Cabinet would be responsible for setting targets and exploring new strategies for improving the lives of children and families in the state.

House Bill 4287 would eliminate the limitation on seniority rights and the requirement that funding be derived from the institution’s existing budget as in exisitng law. Currently, the law provides for payment of an annual salary increment for higher education classified staff be paid from the existing budget of the colleges and universities. If funding the increments results in employee layoffs, then the layoffs may occur without regard to seniority of the employees. This measure would prevent these actions.

House Bill 4290 would create a framework that would prevent policies and practices from distracting attention and resources from the Legislature’s ability to provide an efficient system of education.

House Bill 4348 would provide $4.4 million from the Unclaimed Property Trust Fund to the Banking Services Fund, both of which are located in the Treasurer’s Office. The revenues to the Banking Services Fund have decreased over the past few years due to the decrease in interest rates, making the $4.4 million a necessity to meet obligations funded from the unclaimed property account.

House Bill 4349 would make technical corrections to sales tax law and update it as it relates to the Streamlined Sales and Use Tax Agreement among the states.

House Bill 4248 would continue the Office of the Environmental Advocate until July 1, 2007. House Bill 4304 would continue the Children’s Health Insurance Board until July 1, 2007.

House Bill 4350 would continue the West Virginia State Police until July 1, 2005.

House Bill 4351 would continue the Waste Tire Remediation Program until July 1, 2006.