Blog – Page 396

In the House

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March 3, 2005

As of 4 p.m. Wednesday March 2, 2005, the 22nd day of the Regular Session, 847 bills have been introduced in the House of Delegates. Of those, 12 have passed since February 24th and have been sent to the Senate for its consideration.

House Bill 2106 would allow the Bureau for Child Support Enforcement to withhold a portion of a worker’s compensation check. This would occur in situations such as when an individual is receiving compensation and owes unpaid child support. The Bureau for Child Support Enforcement would have specified amounts withheld otherwise payable to the recipient of support owed.

House Bill 2176 would expand the offense of intimidating a judge or magistrate to include harassment beyond the courtroom. This bill also would apply to times when the judge or magistrate are off duty and provide that the offender must have knowledge that the individual is a judge or magistrate. A person found guilty under this offense would be guilty of a misdemeanor and confined in jail for not more than one year and/or fined not more than $1,000.

House Bill 2186 would restrict the process of the involuntary commitment of addicted persons who are likely to cause serious harm to themselves or others. This bill would place restrictions on such involuntary commitments. Under this bill, a probable cause hearing may occur in the county where a person is hospitalized and video conferencing may be used for the hearing. The individual would only be involuntarily hospitalized until detoxification is accomplished.

House Bill 2329 would allow a judge to require a defendant to contribute monetarily, or through hours of service, to a local crime victim’s assistance program or juvenile mediation program which meets the following requirements: the program is approved by a circuit judge presiding in the judicial circuit; and, the program is a nonprofit organization certified as a corporation in this state and is governed by a board of directors. The contribution could be used as the sole source of punishment or a supplemental punishment.

House Bill 2477 brings provisions of the Code relating to personal property exemptions into conformity.

House Bill 2517 would specify safety requirements for transporting compressed gas on state highways. These requirements would include equipping the cylinder with securely attached metal caps of sufficient strength to protect valves from damage during transportation and constructing the cylinder so the valve is recessed into the cylinder. These requirements would not apply to propane gas used for household purposes.

House Bill 2593 would amend a portion of the West Virginia Code relating to land use planning; make technical corrections by repealing superceded sections; and, remove the requirement of Board of Zoning Appeals to pay attorneys’ fees on certain appeals.

House Bill 2623 would continue the Public Land Corporation until July 1, 2009. This Corporation was created to preserve, protect and enhance the State’s title to its recreation lands for today’s citizens, visitor users and future generations.

House Bill 2592 relates to the Design-Build Procurement Act. This bill would provide for reimbursement of expenses for the members of the Design-Build Board. The bill also modifies the duties and responsibilities of the Design-Build Board and provides for its continuation.

House Bill 2634 would provide for technical amendments in the West Virginia Code concerning the West Virginia Commission for the Deaf and Hard of Hearing. These changes would include deleting the requirement that the Commission must maintain a registry and census of persons who are deaf or hard of hearing and removing the hyphens in the name of the West Virginia Commission for the Deaf and Hard of Hearing.

House Bill 2666 would continue the Department of Health and Human Resources until July 1, 2006. The Department of Health and Human Resources is intended to help shape the environments within which people and communities can be safe and healthy.

House Bill 2667 would continue the West Virginia Commission for the Deaf and Hard of Hearing until July 1, 2009. Its mission is to advocate for, develop and coordinate public policies, and create regulations and programs to assure full and equal opportunity for persons who are deaf and hard of hearing in West Virginia.

A Sampling of Bills Introduced In the House

House Bill 2641 would allow for the election of justices of the Supreme Court of Appeals on a nonpartisan basis. The official ballots would not list any party affiliated with any justice who is running for the position of justice of the Supreme Court of Appeals.

House Bill 2649 would require basic training in Alzheimer’s and dementia in certain health care facilities. Training would be conducted under the supervision of a licensed operator and would include a basic understanding of Alzheimer’s disease and related dementia.

House Bill 2658 would require police agencies that hire graduate recruits within three years of the date they graduated from the State Police Academy to pay a share of cost of the training to the sponsoring police agency that funded the training.

House Bill 2663 would update the law relating to the digging, growing, harvesting and sale of Ginseng. Under this bill, a person digging, collecting, or gathering wild Ginseng on another person’s property must first obtain written permission from the land owner.

House Bill 2774 would establish multiple pilot programs, such as the Court Referral Officer Program, which would promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeated substance abuse offenders.

House Bill 2833 would create the Better Sight for Better Learning Act. This act would provide for a state program that would issue a professional eye exam for each child in West Virginia prior to enrollment in grade school. The exam would be performed by a licensed optometrist or ophthalmologist.

House Bill 2842 would establish a program that would distribute cellular telephones to seniors and low income families, among others. These cellular phones would be used for emergencies only. The Commissioner of the Bureau of Public Health would establish a program for collecting used cellular telephones from retailers, wholesalers, individuals or any other source for reprogramming.

Completed Legislation

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March 3, 2005

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As of 4 p.m. March 3, 2005, one bill has passed both the House and the Senate and has been sent to the Governor for his approval. Senate Bill 261 provides a mechanism for a special election to be held June 25, 2005 for state voters to ratify or reject the Legislature’s proposed “Pension Bond Amendment” to the State Constitution.

The amendment, adopted during the Jan. 2005 Special Session, proposes to permit additional general obligation bonds to be issued and not to exceed $5.5 billion to help pay down the State Teachers Retirement System, the Judges’ Retirement System and the Public Safety Death, Disability and Retirement System the State has already been paying.

Electronic Tracking Assists Public in Following Legislation

Justin Dearing

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March 3, 2005

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Electronic Tracking Assists Public in Following Legislation

web site picture — As technology advances, the “Well” area of the Capitol Rotunda takes on a new role, allowing constituents and lobbyists to utilize wireless internet connections, providing access to the World Wide Web. (Photo: Martin Valent)

The Internet has had a large impact on the everyday lives of Americans. Possibly, one of its most significant social implications has been its ability to bring government closer to the people. Indeed, with the advent of broadband technology, the public’s connection to government has become virtually instantaneous.

Over the last two years, broadband usage in West Virginia households has nearly doubled. Twenty percent of the 736,000 households in West Virginia subscribe to a broadband Internet service offered by a telephone or cable television company. Users are always connected and broadband allows multiple computers to share the service by networking them together either with a cable or wirelessly.

But, a broadband connection is not required to use the Internet. A dial-up connection is quite adequate for citizens to find information about their government. Dial-up users connect to the Internet by plugging their standard phone lines into their computers. The computer then makes a call to another computer which gives it access to the World Wide Web.

The goal of the West Virginia Legislature’s Web site is to put representative government at the fingertips of the people. Almost any legislative document, from bills to district maps, can be viewed or printed directly from the site. Access to information is instant and convenient, which reduces print and distribution costs, and in turn, saves taxpayers’ money.

The site received a facelift between last session and the present. A more visually appealing interface, as well as a more streamlined navigation system, are two of the many features updated to better suit the public’s needs. Lawmakers, lobbyists and the general public have all contributed to the advancement of the site. Their insight and suggestions have been incorporated into the site’s ever evolving interface.

Through conversations with constituents and lobbyists, the Legislature developed a Personalized Bill Tracking system on the Web site. This feature may be one of the most popular services offered. Although it was introduced in last year’s Regular Session, Personalized Bill Tracking has been modified and enhanced for the current session. It allows individuals to gather information from the site more efficiently. While it is possible to find which bills were introduced on a given day or which bills are sponsored by a certain lawmaker through the site’s Bill Status link, Personalized Bill Tracking is the only feature that allows someone to view the status of multiple bills of specific interest all on one page. The service has become so popular that more than 1,500 users have registered as of March 1st. It has been growing by about 100 new users a day.

To use the service, one would just have to create a username and password, give a valid e-mail address and his or her first and last names. Once logged in, it is very simple to create a list or add bills to an existing list by clicking on the link at the top left.

Previously, only 10 bills could be grouped together in a list. Now, an unlimited number of bills can be tracked together and the user has the ability to name each list rather than having it automatically named for them. If the user wants to add to an existing list, then he or she would simply type in the name of the list and add a bill the same way.

Aside from Personalized Bill Tracking, the Legislature’s Web site also provides additional constituent services, such as legislative contact information and e-mail addresses. A list of all senators and delegates with their Capitol addresses and phone numbers are displayed on one page. And, a citizen can even search for the representatives by using his or her zip code. This will list each of their lawmakers from both the House and Senate with e-mail addresses, as well as their hometown business phone number, in case the Legislature is not in session.

As the Legislature continues to make strides in providing important information electronically to citizens and engaging them to become part of the legislative process, developers of the Web site welcome comments and suggestions on how to further this source of communication. This is just one more way that the Legislature is working to bridge the gap between the Capitol and constituents.

Vol. XVI Issue 2

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February 24, 2005

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In the Senate

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February 24, 2005

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As of 4 PM, Wednesday, February 23, 2005, the 15th day of the 2005 Regular Session, 269 bills have been introduced in the Senate. Of those, five have passed the Senate and will now go to the House for its consideration. Some include:

Senate Bill 153 would change the provision in Senate Bill 1003 that was passed during the first Extraordinary Session of 2005 which relates to the confidentiality of Ethics Commission proceedings. It would provide for and modify the penalties for breaching confidentiality and submitting false information. Anyone found disclosing confidential information is subject to sanction, which would prohibit future complaints from being filed from the violator. As well, anyone found giving false information or coercing someone to give false information could be sanctioned by the Commission.

Senate Bill 213 would continue the Oral Health Program until July 1, 2007. Created within the Bureau for Public Health in 2002 with the passage of the Oral Health Improvement Act, it focuses on prevention and detection programs for oral cancer.

Senate Bill 214 would continue the West Virginia Acupuncture Board until July 1, 2008. It was established in 1996 with the passage of the Acupuncture Act. Its purpose is to protect consumers by controlling the licensing and regulation of acupuncturists. It reviews all applicants to ensure only qualified individuals are permitted to practice acupuncture in West Virginia.

Senate Bill 215 would continue the West Virginia Board of Accountancy until July 1, 2007. It became a state agency in 1959 to administer and enforce the provisions of the West Virginia Board of Accountancy Law. The Board issues and renews certificates, registrations, permits and administers the Certified Public Accountant (CPA) Examination.

A Sampling of Bills Introduced In the Senate

Acts
Senate Bill 239 would establish a Joint Legislative Oversight Commission of Flooding, State Flood Protection Planning Council and a State Flood Protection Planning Advisory Committee. Duties of these committees and council would revolve around the prevention and cleanup of flood affected areas, as well as the planning of protocol for such an event.

Banks and Banking
Senate Bill 258 would require that the minimum monthly payment on credit cards be set at an amount equal to the monthly interest accrued on the outstanding balance. It is meant to protect the cardholder from going further in debt when paying only the minimum payment.

Domestic Relations
Senate Bill 208 would establish a marriage license discount for applicants who have completed a previously approved marriage counseling class. The courses would be four hours of instruction and cover conflict management, communication skills, financial responsibilities and children and parenting responsibilities.

Education
Senate Bill 212 would allow higher education professors to be eligible for incremental pay and also the annual increment increase awarded for experience that other state employees already enjoy. Those eligible would be any employee of a state institution of higher education, the Higher Education Policy Commission or the Council for Community and Technical College Education.

Senate Bill 243 would require each county Board of Education to employ at least one full-time school nurse for every 1,500 students in grades kindergarten through 12. Current law requires a nurse for students in grades kindergarten through seven.

Floods
Senate Bill 256 would require insurance companies to inform policyholders when their policies do not cover flood damages. It also would provide that policyholders be able to contact their agents or the National Flood Protection Program administered by Federal Emergency Management Agency (FEMA) to find out how to obtain coverage.

Health
Senate Bill 236 would require all staff at facilities providing services to residents in a care facility such as a nursing home to complete basic Alzheimer’s disease and dementia training. The training would include a basic understanding of dementias, communication approaches, techniques, activities and programming appropriate for those with Alzheimer’s or dementia. The curriculum would require information packets to be presented to and reviewed with staff and two hours per year of Alzheimer’s disease and dementia training.

Military Affairs
Senate Bill 227 would allow active duty members in the United States Military an exemption from ad valorem taxes, better known as property taxes, specifically for a motor vehicle. The tax exception would be applied each to taxable year the person is in the military on active duty.

Municipalities
Senate Bill 237 would allow municipalities to increase the rate of the imposed hotel occupancy tax to no more than six percent. A municipality must hold a public hearing about a proposed increase before enacting it. At least 50 percent of the net revenue must be used for the promotion of conventions and tourism. The rest may be used for arenas, auditoriums, civic centers and convention centers; the payment of principal or interest or both on revenue bonds issued to finance convention facilities; the construction, operation or maintenance of public parks, tourist information centers and recreation facilities; the promotion of the arts, historic sites, beautification projects; or medical care. The bill would provide a misdemeanor penalty for those who use the funds collected from the tax for purposes not specified in the bill.

In the House

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February 24, 2005

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As of 4 p.m. Feb. 23, 2005, the 15th day of Regular Session, 623 bills have been introduced in the House of Delegates. Of those, 12 have passed the House and will now go to the Senate for its consideration. Some include:

House Bill 2444 would make a DUI conviction dependent upon the finding of guilt or a no contest plea. The bill also would require anyone who is convicted of more than one DUI during a 10-year period to participate in the Motor Vehicle Alcohol Test and Lock Program for Repeat Offenders. The program would order a Breathalyzer device in any vehicle the person drives and would keep the vehicle from functioning if the device detects any alcohol. The person also must blow into the device intermittently while driving. Existing law revokes the person’s license for growing periods of time with each conviction.

House Bill 2328 would allow written advisory opinions and rulings from the West Virginia Ethics Commission Committee to be used as an absolute defense in certain criminal actions and to set precedence for similar rulings. This bill would strengthen the rulings of the Commission Committee and reduce duplicate decisions.

House Bill 2177 would establish a new state license plate to designate city or municipality law enforcement officers. Each municipality would be required to submit a list of law enforcement vehicles to the Commissioner along with a $10 fee for each vehicle.

House Bill 2333 would establish a program that limits liabilities which could arise for a landowner during the reclamation of land or the curtailing of water pollution. The bill would allow exemptions from liability for persons who provide reclamation equipment. These measures are being proposed to encourage the voluntary reclamation of lands that have been negatively affected by mining, aid in the protection of wildlife, decrease soil erosion, aid in prevention, lessen the pollution of rivers and streams, protect and improve the environmental values of citizens and to eliminate health and safety hazards.

House Bill 2449 would allow the West Virginia Board of Manufactured Housing Construction and Safety to continue until July 1, 2011. The Board, with six members and a Commissioner each appointed by the Governor, oversees manufacturer licenses, dealers and manufactured home installers that conduct business in the state. The Board also revokes or suspends licenses in accordance with set standards, and sets the amounts of license fees and bonds.

A Sampling of Bills Introduced In the House

Education
House Bill 2461 would require county superintendents of schools to maintain a database of each student who drops out of school before completing his or her degree. At the end of each semester, the County Superintendent would report the names and mailing addresses of students who have dropped out of school to the State Superintendent of Schools and the Director of the Mountaineer Challenge Academy.

House Bill 2463 would allow the State Superintendent to designate a geographical area a “School Choice Zone” if multiple school district transfer appeals were received from the same area. Any student residing in the “School Choice Zone” would be able to attend school in a neighboring county if they so chose.

Fire Fighting and Prevention
House Bill 2513 would increase a surviving spouse’s death benefits under a municipal police officer’s or firefighter’s pension from 60 to 80 percent of the member’s pension. The surviving spouse or dependents of any member who dies from service rendered through the member’s duties would receive the same death benefits as a member who has been in continuous service for more than five years. This would be regardless of the length of the member’s service, or whether that member was receiving disability pension or temporary disability payments at the time of his or her death.

Food and Food Services
House Bill 2580 would implement a plan to phase out the consumer sales tax on food over a 10-year period. If passed, beginning July 1, 2005 and each following year, the general consumer sales and service tax on food would be reduced by the same amount of the increase over last year’s revenue collections of the tax.

Funds
House Bill 2506 would create the West Virginia Military Family Relief Fund. The Department of Tax and Revenue would place a provision on West Virginia personal income tax returns for taxpayers to designate a portion or all of his/her tax refund to the West Virginia Military Family Relief Fund. The Department of Military Affairs and Public Safety, with the advice of the Adjutant General, would have the power to make grants from the Fund to families of members of the West Virginia National Guard and to residents of this state who are members of the reserves of the Armed Forces of the United States who have been called to duty since Sept. 11, 2001. Funds paid into the account also would be derived from interest to the account, or any gifts, grants, transfers or other donations which may be received from any governmental entity or any person, firm, foundation or corporation. Any interest or other earnings would remain in the Fund at the end of any fiscal year and would not revert to the General Fund.

Legislature
House Bill 2003 would restrict legislative members’ expense claims the following ways: Current interim compensation would be reduced; only “reasonable and necessary” expenses from members would be repaid; receipts would have to be presented by legislative members to make expense claims; legislative members, with some exceptions, would not be able to receive a “per day” payment for more than three days during an extension of the Regular Session solely for budget consideration; travel expenses would be restricted to the continental United States; with certain exceptions, no more than five members of each house would be reimbursed for travel to any one event; and, a legislative member would not be eligible for travel more than once a year.

State Legislature Salutes Veterans For Their Uncommon Valor

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February 24, 2005

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State Legislature Salutes Veterans For Their Uncommon Valor

wv veterans — Members of various state veterans’ organizations look on as lawmakers recognize West Virginia veterans and current military service personnel during West Virginia Veteran’s Visibility Day, held every year to commemorate the service and valor of these men and women. (Photo: Martin Valent)

In recognition of the extreme sacrifices made by the men and women of the United States Military, members of the Legislature deemed Monday, Feb. 22 Veterans’ Visibility Day to honor the state’s sons and daughters who dedicated themselves in service to this country…and ultimately to each West Virginian.

While many young people associate our country’s defense with the September 11, 2001, terrorist attack on the World Trade Center and the Pentagon, few remember the sacrifices made by the generations who paved the road to freedom. Because of their valor, courage and sense of loyalty to the United States, America has become a great nation.

As such, both the House and Senate introduced and adopted resolutions commemorating West Virginia veterans of all wars and conflicts in special floor ceremonies. In attendance were individuals representing the Veterans of Foreign Wars, Order of the Purple Heart, Vietnam Veterans of America, Korean War Veterans Association, the West Virginia Veterans Coalition, the Barboursville Veterans’ home and the West Virginia Marine Corps, to mention a few of the groups participating. Of the 25 million veterans currently alive, nearly three of four veterans have served during a war or an official period of hostility, which is about an eighth of the nation’s population.

Aware of the sacrifices made by service personnel, lawmakers acted on measures designed to support, acknowledge and address some specific issues facing these men and women.

As a result of overwhelming support from citizens in approving an amendment to the State Constitution entitled the Veterans Bonus Amendment of 2004, lawmakers passed a measure which will allow a funding stream to provide cash bonuses to veterans of the Kosovo, Afghanistan and Iraq conflicts in line with prior support for West Virginia soldiers of all wars and conflicts.

House Bill 2285 will provide a bonus of $400 or $600, depending on whether a veteran fought inside or outside a combat zone.

Another bill passed this week relates to the time-honored tradition of playing Taps. In 1874, the playing of Taps was officially recognized by the United States Army and soon thereafter became a somberly routine occurrence at military funerals. For many throughout the years, the notes played by lone buglers stirred profound memories and evoked strong, long standing emotions. And today, Taps lingers as one of the most easily-recognizable and historically-significant melodies in American history.

“There is something singularly beautiful and appropriate in the music of this wonderful call. Its strains are melancholy, yet full of rest and peace. Its echoes linger in the heart long after its tones have ceased to vibrate in the air.”
– Master Sergeant Jari A Villanueva, Military Bugler and Brass Historian, speaking in reference to the playing of Taps.

Sadly though, qualified musicians for military funerals have become increasingly scarce in recent years. Recognizing and embracing the long and rich tradition of Taps, state lawmakers passed a bill intended to fill this regrettable void. House Bill 2286 encourages and rewards West Virginia students to play Taps at military funerals.

The State Board of Education will work with county school boards and state colleges and universities to implement programs in schools designed to train students in this most distinguished service. Students could receive community service hours and excuses from school for any time spent at a funeral during school hours.

Lawmakers also are working to honor other servicemen and women in a bill that was introduced in the Senate last week. The service of many of West Virginia’s military personnel involves the National Guard, the oldest component of the Armed Forces of the United States and one of the nation’s longest-enduring institutions.

Currently, there are roughly 6,100 West Virginians serving in the National Guard. More than 850 guardsmen are presently mobilized for active military operations, according to the Department of Military Affairs and Public Safety (MAPS).

The National Guard provides states with immediate resources and trained responses to disasters and equips the United States military with soldiers ready to protect the ideals of freedom and democracy. Understanding the importance the National Guard has on all aspects of West Virginians’ lives, members of the Legislature introduced Senate Bill 252.

The measure, if passed by both bodies would provide reimbursement for those Guardsmen who pay premiums to the federal Servicemembers’ Group Life Insurance program, a group life insurance policy available for active duty servicemembers, ready reservists, cadets and midshipmen of the four service academies and members of the Reserve Officer Training Corps in an amount of up to $250,000.

The bill would pay back the $20 monthly premiums paid by those enrolled in the program as a way to recognize and support the efforts of our servicemen and women. The bill makes specific reference to the extended periods of active duty our National Guard members are facing, sometimes adding unintended financial burdens to their families. An appropriation of $1.2 million is estimated to fully fund this program.

Recognizing the commitment of West Virginia veterans and members of the military has always been a top priority of the Legislature. Lawmakers continually work to pass legislation to lighten the burdens West Virginia soldiers are bearing daily in order to restore freedom throughout the world and to ensure West Virginia remains a safe, yet wild and wonderful place to call home.

Vol. XVI Issue 1

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February 17, 2005

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In the Senate

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February 17, 2005

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As of 4 PM, Wednesday, February 16, 2005, the eighth day of the 2005 Regular Session, 207 bills have been introduced in the Senate.

Of those, Senate Bill 146 has been passed by this body. This measure would establish the Unborn Victims of Violence Act which recognizes an embryo or fetus as a distinct unborn victim of certain crimes of violence. Exceptions to this include the instance to which the pregnant woman, or a person authorized by law to act on her behalf; also exempted are medical, health care personnel or scientific research personnel while performing lawful procedures involving embryos that are not in a stage of gestation. The bill will now go to the House for its consideration.

Bills Introduced In the Senate

Senate Bill 7 would provide for criminal history checks for people not employed by county boards of education, but who work directly with children in schools from kindergarten through 12th grade.

Senate Bill 10 would make the destruction of a landlord’s residential property for a criminal offense. The bill states that damage greater than $300 but less than $1,000 would constitute a misdemeanor and damage greater than $1,000 would constitute a felony.

Senate Bill 16 would exempt veterans’ organizations from certain sales tax provisions. The measure would exempt the sale of goods or services by any corporation or organization with a primary goal of promoting, supporting or publicizing military veterans’ causes, interests or affairs on behalf of and for the benefit of veterans, veterans’ organizations or veterans’ groups from consumer sales and service tax.

Senate Bill 25 would establish a social workers’ code of ethics. The provisions of the Code would include: promoting the general welfare of society, facilitating informed participation by the public in shaping social policies and institutions, and providing appropriate professional services in public emergencies to the greatest extent possible.

Senate Bill 48 would add the Equitable Compensation Act to Code language pertaining to salaries, wages and other benefits. It would establish a state minimum salary supplement for professional personnel holding a nationally recognized professional certification. The legislation would state that national professional certification is a valuable professional credential for both public and private employment.

Senate Bill 134 would give a tax credit to employers who provide or pay for child day care services for their employees’ dependent children. The credit would be assessed to both the employer’s personal income and corporate net taxes.

Senate Bill 147 would limit access to certain chemicals used in the production of methamphetamines. The bill would require that any person purchasing a substance that could be used in the production of methamphetamines to produce a photo ID and sign a form noting the date of the transaction and the individual’s signature. The measure also would limit the amount of medicines sold that could be used to make methamphetamines without a prescription from a physician.

Senate Bill 159 would allow for the formation of metro governments. Metro governments would be created by the consolidation of political and corporate functions of a county and a municipality or municipalities located in that area. This bill would allow for the consolidation of smaller governing bodies to merge with other governing bodies for more efficiency.

Senate Bill 167 would create a tax incentive for the creation, construction or enlargement of tourism attractions or amenities. The credit would operate to allow the taxpayer to recover up to 25 percent or, in the case of bed and breakfast facilities, 50 percent of qualified investments in a tourism attraction by offsetting up to 80 percent of consumers sales and service tax collected by the taxpayer from customers over a period of either five or 10 years.

Senate Bill 171 would create a bill of rights for foster parents. Some of theses rights would include training and support for the purpose of improving skills in providing daily care and meeting the special needs of the child in foster care along with assessing needs related to foster care providers.

Senate Bill 179 would divide the Department of Health and Human Resources into two departments, the Department of Health and the Department of Human Resources. The bill would be made effective on July 1, 2005.

Senate Bill 190 would allow Supreme Court Justices to be elected on a nonpartisan ballot. An election for the purpose of electing a Justice or Justices of the Supreme Court of Appeals would be held on the same date as the general election, as provided by law.

Senate Bill 193 would systematically arrange the creation of a multi-disciplinary citizen panel to review the policies, procedures, and when appropriate, specific cases handled by Child Protective Services. The proceedings and records of the citizen review panel would be confidential and privileged and may not be subject to subpoena.

Senate Bill 199 would look to encourage the improvement of land adversely affected by mining, oil and gas extraction and to aid in the prevention and abatement of the pollution of rivers and streams. The act also would promote the environmental values of this State by limiting the liability which could arise as a result of the voluntary reclamation or clean up of abandoned lands or water sources. The bill also provides a procedure for the Department of Environmental Protection to approve projects.

In the House

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February 17, 2005

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As of 4 p.m. Feb. 16, 2004, the eighth day of the Regular Session, 449 bills have been introduced in the House of Delegates. Of those, four have passed the House and will now go to the Senate for its consideration.

House Bill 2015 would provide employer immunity from civil liability for job-related information disclosed regarding former employees. It also would provide that information given is presumed to be in good faith. However, if the employer provides information that is knowingly false, deliberately misleading or malicious, then the employer immunity is lost. Too, all information provided must adhere to job-related activities.

House Bill 2102 would make tongue splitting a crime unless performed by a licensed physician or osteopath. Tongue splitting is the cutting of a human tongue so it is no longer one continuous piece but rather split into two or more connected segments. Any person guilty of violating the proposed law would be guilty of a misdemeanor, and if convicted, would be fined $50 to $500 or would spend not more than one year in jail, or both.

House Bill 2128 would authorize the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish an inmate furlough program-a program that allows a prisoner temporary leaves of absence from the prison. The leaves of absence are granted for reasons such as attending funerals or hospital visits to terminally ill family members. The Executive Director would have the authority to determine which inmates are not a risk to public safety.

House Bill 2129 would create a misdemeanor offense for unlawfully using a recording device to record a motion picture in a motion picture theater. A person in violation of this law would be guilty of a misdemeanor, and if convicted, the person would be fined $100 to $500 for each offense. Other provisions in the measure would authorize the theater owner to detain an offender without liability until a law enforcement officer arrives upon the scene. Exemptions to this law would include security, personnel protective services or any investigative agency.

Bills Introduced In the House

House Bill 2008 would increase the rate of tax on cigarettes from 55 cents to $1.55 and reduce the consumer sales tax on food sold for home consumption from six percent to three percent. The bill also states that the first $5 million collected from the cigarette tax is to be given to the Department of Agriculture for crop transition programs.

House Bill 2009, also known as the West Virginia Residents’ Tax Relief Act of 2005, would eliminate the consumer sales tax on clothing and footwear. This does not include watches, watchbands, jewelry, handbags, handkerchiefs, umbrellas, scarves, ties, headbands or belt buckles.The state Tax Commissioner would have the authority to propose further rules related to the bill.

House Bill 2047 would prohibit insurers from increasing motor vehicle insurance rates or adding surcharges to those policies for simple minor traffic violations.

House Bill 2134 would provide a two-tiered personal income tax credit to parents or legal guardians who provide home or private, primary or secondary education for their children. The tax credit would be available at a rate per child of $500 for home schooling and $1,000 for private schooling.

House Bill 2165 would give an employee the right to decline to work more than 40 hours in a workweek. However, an employee could work more than 40 hours in a workweek as long as compensation is received for employment in excess of 40 hours per week at a rate of at least one and one-half times the regular rate of pay.

House Bill 2194 relates to the ethical standards of public officials and employees. The bill would modify the confidentiality provisions relating to proceedings before the Ethics Commission. The bill says that all investigations, complaints, reports, records, proceedings and other information received by the Commission and related to complaints made to the Commission or investigations conducted by the Commission are confidential and may not be knowingly and improperly disclosed by any current or former member or employee of the Commission or the Review Board. Any person in violation of these requirements is subject to public reprimand, cease and desist orders, orders of restitution, fines not to exceed $5,000 per violation or reimbursement to the Ethics Commission for the actual costs of investigating and prosecuting a violation. Any money collected by the Commission for this reimbursement must be deposited into a special revenue account. The Commission may also recommend to the appropriate governmental body that a respondent be terminated from employment or removed from office. Finally, the Commission may institute civil proceedings in the circuit court of the county in which a violation occurred for the enforcement of sanctions.

House Bill 2214 would require county school boards to train all school personnel in cardiopulmonary resuscitation (CPR) and blood precaution. Blood precaution is training in techniques and measures designed to avoid and prevent the transmission of or contamination by blood-born pathogens.

House Bill 2233 would provide a tax credit to small businesses that have an annual payroll of less than $1.5 million or annual gross sales of less than $5 million. The tax credit would be equal to any guaranty fee the business pays to the Small Business Administration in order to obtain SBA financing, or, as an alternative, a tax credit equal to two percent of any loan received by the small business from any other financial institution authorized to make business loans in West Virginia. The tax credit would be a one-time credit.

House Bill 2234 would provide that all taxpayers paying a state income tax would receive a reduction of five percent across the board in their income tax rates. The Legislature included findings in the bill that declared tax policy is a legitimate instrument to utilize in efforts to stimulate small business; that the level of poverty in this state is among the highest in the country while per capita income is the lowest and reducing the personal income tax would serve to reverse those troubling statistical trends; that any reduction in income taxes must be accompanied with a commensurate reduction in the state budget; and, that the cutoff of five percent would significantly stimulate the growth of small business, help toward the creation of jobs and render relief to those citizens of this state who are in need of financial relief.

House Bill 2238 would provide a criminal penalty for transmitting bulk electronic mail messages which are unsolicited. Anyone in violation of the law would be guilty of a misdemeanor, and if convicted, would have to pay a fine of $300 to $600.

House Bill 2242 would establish a Child Internet Protection Act that aims to protect children from obscenity, child pornography and other harmful materials. The act would give public schools and libraries the authority to establish and enforce Internet-use policies.

House Bill 2322 would create an income tax deduction for taxpayers who volunteer 200 or more hours to a charitable organization. The amount of hours worked would have to be verified in writing by the organization to the Department of Tax and Revenue. Those guilty of violating the proposed bill would be liable for a civil fine of $1,000 or less.

House Bill 2326 would create a forensic dental office to provide an authoritative resource to identify unknown individuals by means of dental records. The director of the office must be licensed to practice dentistry and have advanced knowledge about forensic dentistry. The director of the office would be appointed by the Governor.

House Bill 2334 would prohibit out-of-state placements of juvenile offenders unless out-of-state treatment or service is in the best interests of the child or that the needed treatment or service is not available in the state.