Blog – Page 399

In the House

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February 26, 2003

As of 5 p.m., Wednesday, February 26, 2003, the 50th day of the 2003 Regular Legislative Session, 1,196 bills have been introduced in the House of Delegates. Of those, 54 bills were passed by the House this week and now will go to the Senate for its consideration. Among those passed were:

House Bill 2240 would provide an opportunity for persons purchasing or renewing hunting or fishing licenses to donate to the “Hunters Helping the Hungry Program.” It would require every application for hunting and ﬁshing licenses to contain a provision notifying the applicant of the option to donate to the program; authorize the collection of donations by issuing authorities; and require donations to be deposited in a special account to be used exclusively to support the program, including the payment of fees related to the butchering of game carcasses.

House Bill 2359 would allow all of the fees collected for required inspections done by the Ofﬁce of the State Fire Marshal and for license fees for electricians and electrical inspectors to be kept in the special revenue account, instead of having 10% of the fees transferred to the General Revenue Fund. It also would require that the tax on insurance companies, which provide insurance against the hazard of fire, be deposited in that account.

House Bill 2477 would permit a homestead exemption and Class II property classiﬁcation to continue on a home or residence, when an otherwise qualiﬁed property owner is no longer residing at the property and is either living with other family members, or is living in a nursing home, rehabilitation center, personal care home or similar facility, due to illness, accident or inﬁrmity. Additionally, the ﬁling and review deadlines for a claimed homestead exemption would be revised to give more time to file a request for an exemption and to give the Tax Department an opportunity to respond to the requests.

House Bill 2511 would provide special license plates for members of the Nemesis Shrine, volunteers and employees of the American Red Cross, individuals who have received the Combat Infantry Badge or Combat Medic Badge, members of the Knights of Columbus and former members of the Legislature. The bill also would allow volunteer ﬁreﬁghters to have unlimited plates and their plates would cost an additional $10.

House Bill 2529 would change the term polygraph to psychophysiological detection of deception device and would establish two different classes of licensure for these examiners. A Class I license would authorize an individual to offer these tests for all purposes which are permissible under the provisions of this article and other applicable laws and rules. A Class II license would authorize an individual who is a full time employee of law enforcement agencies to administer tests to its employees or prospective employees only.

House Bill 2749 relates to the reciprocal licensure of physical therapists from other states or countries. Reciprocity would only extend to therapists whose licensing state allows West Virginia therapists the same courtesy.

House Bill 2847 would make the law enforcement agency that arrests an individual responsible for his/her transportation to a regional jail. In so doing, the bill would encourage transportation agreements between a county and the other law enforcement agencies.

House Bill 2868 would authorize the Alcohol Beverage Control Commissioner (ABCC) to enter into contracts for the sale, licensing or promotion of scanner technology that has been developed by the agency. Scanner technology is deﬁned as devices that are designed to capture information on the back of driver’s licenses which verify the age of the person purchasing alcohol. The ABCC has received a trademark on technology that several other states have expressed interest in licensing. This bill would allow these contracts.

House Bill 2882 would remove the ability of the Surface Mining Board to grant a stay or suspension of an order based on the grounds that it will cause “unjust hardship” upon the permittee. The Ofﬁce of Surface Mining has objected to this provision in the state program and has requested that West Virginia make this change to the statute.

House Bill 2984 would provide a one year window for a teacher who was receiving Workers’ Compensation as a result of a work related injury to purchase up to ﬁve years service credit for the time the teacher was recovering. The injury and related time off must have occurred between 1988 and 1998. This would open a one year period of time for this purchase, which is FY2004. Finally, the bill would provide that a teacher who purchases the service time would receive a one year increment credit for each year purchased.

House Bill 3031 would allow a child receiving home instruction to take public school courses for credit, which are available over the Internet. The child would be counted in enrollment for the number of hours required for the course. Any textbooks and other curricular materials provided to public school students would be provided to the student. Also, a child enrolled for at least three credit hours (four if the school isn’t on a block schedule), meets the minimum grade point average and takes all statewide assessment tests required, would be authorized to participate in extracurricular activities that the public school provides.

House Bill 3188 would deﬁne the period of driver’s license suspension for a student who withdraws from school. It would prohibit the Division of Motor Vehicles from reinstating the license before the end of the semester following the semester in which the withdrawal occurred. Under current law, withdrawal is defined as more than 10 consecutive or 15 total days unexcused absences during a school year.

In the Senate

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February 26, 2003

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As of 4 p.m. Wednesday, February 26, 2003, the 50th day of the 2003 Regular Legislative Session, 653 bills have been introduced in the Senate. Of those, 60 bills were passed this week and will be sent to the House of Delegates for its consideration. Among those passed were:

Senate Bill 430 would provide additional restrictions on outdoor advertising. Restrictions in the bill apply mainly to billboards and advertisements with a surface area of more than 300 square feet. Provisions would restrict multiple advertisements using one billboard structure and limit structures to one per location.

Senate Bill 112 would allow farm wineries to manufacture, serve and sell certain wines. The bill would require wines to have been matured in a wooden barrel or cask and have an alcohol content of no more than 22 percent by volume.

Senate Bill 205 would change the criminal intent for animal cruelty crimes. The bill would mandate that anyone who intentionally, knowingly or recklessly kills or poisons a companion animal be charged with a misdemeanor carrying a ﬁne between $300 and $500. Provisions in the bill would exempt the person who kills or injures an animal that attacks a person or his or her pet.

Senate Bill 338 would establish a Medicaid buy-in program for certain individuals with disabilities. Competitively employed disabled individuals between 16 and 64 years of age who meet certain income requirements would be able to buy into the Medicaid program for $50.

Senate Bill 395 would grant temporary grandparent visitation during divorce action. To receive visitation rights, the bill would require grandparents to submit an application or petition to Family Court during the divorce proceedings.

Senate Bill 354 would impose penalties for operating or attempting to operate a secret drug laboratory. The bill would make such operations a felony and would mandate a fine between $5,000 and $25,000 and a prison sentence between one and ﬁve years.

Senate Bill 391 would reduce training requirements for certain State Police Cadets. The bill would allow the State Police Superintendent to reduce training requirements for cadets who have previously served at least three years as law-enforcement ofﬁcers and were laid off.

Senate Bill 162 would remove certain vehicle license information for 19 year olds. The measure would prevent any third parties from receiving records of license suspensions, denials or revocations due to school attendance.

Senate Bill 342 would limit the time driver’s licenses may be issued to certain noncitizens. The bill would allow licenses to be issued only to cover the time the person is authorized to reside in the United States. The bill would impose a ﬁve year limit on such licensing.

Senate Bill 95 would increase the allowable length and width of motor homes, travel trailers and truck campers. The bill would require the Department of Highways Commissioner to publish annually the various maximum vehicle lengths with an official map of highways.

Senate Bill 399 would require criminal history checks for persons working with children on school property. The bill would require persons not employed by County Boards of Education but who work directly with children in grades K-12 to be ﬁngerprinted by the West Virginia State Police. The ﬁngerprints would then be run through a database to determine criminal history, if any.

Senate Bill 90 would increase the number of certain volunteer group sales exempted from consumers sales tax. Under the bill,
volunteer ﬁre departments and volunteer school support groups would be allowed to hold fundraisers up to 18 times a year as long as those fundraisers do not exceed a consecutive 84-hour period.

Senate Bill 107 would create a Back-ToSchool Sales Tax Holiday for school supply purchases. The Tax Holiday would begin on the ﬁrst Friday of August, 2003 and end the following Sunday. This would apply to items such as clothing, shoes, pens, binders and other school supplies costing less than $100 each. Computer purchases up to $750 would be exempt from taxation during this period as well.

Completed Legislation

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February 26, 2003

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House Bill 2763 allows auxiliary roof mounted lighting on motor vehicles only when it comes as original equipment. These lights must be off and covered while the vehicle is driving upon the highway.

Senate Bill 170 creates the “Women’s Right to Know Act”. The purpose of this bill is to require that pregnant women be provided certain information in a prescribed form prior to undergoing an abortion. This bill requires a physician to obtain the voluntary and informed consent of a female prior to performing an abortion. It requires a physician or the physician’s agent to provide certain speciﬁed information to meet this standard, except in the case of a medical emergency. The information must be provided by the physician either over the phone or in person at least 24 hours before the abortion procedure. The female is required to certify in writing, prior to the abortion that she has received the required information.

Senate Bill 182 relates to child passenger safety seats, booster seats and safety devices. This bill requires that every driver transporting children less than nine years of age in certain motor vehicles must maintain and secure the child in a child passenger safety seat or booster seat or other safety device meeting federal motor vehicle safety standards.

Senate Bill 163 continues of Driver’s Licensing Advisory Board until the ﬁrst day of July, 2009, pursuant to the West Virginia Sunset Law.

Senate Bill 165 continues the Commission for National and Community Service until the ﬁrst day of July, 2009, pursuant to the West Virginia Sunset Law.
Senate Bill 416 continues the Massage Therapy Licensure Board until the ﬁrst day of July, 2015, pursuant to the West Virginia Sunset Law.

Senate Bill 418 continues the West Virginia Investment Management Board until the ﬁrst day of July, 2005, pursuant to the West Virginia Sunset Law.
Senate Bill 215 makes a supplementary appropriation to Department of Health and Human Resources, Health Care Authority.

Senate Bill 281 continues the Department of Environmental Protection until July 1, 2004, pursuant to the West Virginia Sunset Law.

Heavier Workload Requires Increased Deliberation

John Mulvaney

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February 26, 2003

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Heavier Workload Requires Increased Deliberation

As the close of the Regular 60-day Session in Charleston draws near, some West Virginians may not be fully aware that much of the hard work put forth by lawmakers may not result in the passage of legislation until the closing days of the Session.
Lawmakers and their staff must work at a frenzied pace during the 60-day Regular Session in order to develop legislation that is palatable to the greatest possible majority. Due to the checks and balances required for an efﬁcient state government to operate, an average of only 14.3 percent of bills introduced every session eventually become law. In 1988, only seven percent of the bills introduced were passed into law. In 1995, 17.8 percent of the bills introduced eventually passed into law. This was the highest percentage of bills passed in the past 15 years. As of Wednesday, 24 bills have passed both houses but as in recent years, the number of bills passed will increase exponentially in the last few days of the Session. Between both houses, a total of 1,833 bills have been introduced this Session. Over the last 15 years, an average of 1,690 bills have been introduced each Regular Legislative Session. With 143 more bills introduced than the average Session, lawmakers have had a heavier workload to consider this year.
The Regular Session of the 76th Legislature has required lawmakers to deal with challenges not encountered in recent years. Complicated issues, which are vital to West Virginia’s future prosperity, include but are not limited to: Medical Malpractice Liability Insurance, the unfunded liability of Workers’ Compensation and the State Budget. The Legislature is continuing to work on all bills up for consideration. The issues of Medical Malpractice and Worker’s Compensation have
already passed both bodies and have been sent to Conference Committee for consideration by representatives of both the House and Senate. Many issues considered by the Legislature this Session are also made more challenging by the current economic hardships experienced by both the state and nation. Lawmakers have been given charge to develop innovative new solutions to many difﬁcult problems because of these obstacles. As West Virginia works with complicated issues, surrounding states will look to see how the Legislature confronts issues they are facing.
Due to the complexity and importance of these issues, nearly every citizen has concerns he or she wishes to express to their elected representatives. Because of technological advancements in communication, it is easier for more West Virginians to communicate with members of the Legislature than ever before. Citizens have instantaneous access to the legislative process and the status of proposed legislation through the use of the Internet.
Because of this improved communication between elected officials and constituents, lawmakers are presented with more options by those they represent. As legislators receive more input on every bill up for consideration, they require more time to deliberate on these issues, collaborate with colleagues and develop legislation to beneﬁt the best interest of their constituents and the state. This deliberation is done through the committee and amendment processes. These processes are designed to give every member of the Legislature an opportunity to appropriately represent their constituents on each bill they encounter.

Vol. XIV Issue 6

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February 19, 2003

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In the House

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February 19, 2003

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As of 4 p.m., Wednesday, February 19, 2003, the 43rd day of the 2003 Regular Legislative Session, 1,073 bills have been introduced in the House of Delegates. Of those, 15 bills were passed by the House this week and will now go to the Senate for its consideration. Among those were:

House Bill 2203 would conform certain state trafﬁc laws to federal regulations related to the use of seatbelts and Driving Under the Inﬂuence (DUI) so as to qualify for federal grants and avoid penalties against portions of federal-aid highway funds. The measure would establish the use of seat belts as a primary offense, meaning

House Bill 2433 relates to vocational-technical facility and equipment improvements through the School Building Authority. This measure would authorize the School Building Authority to require flood insurance for any facility within the 100 year flood plain at which authority funds are expended; authorizes the authority to encourage work-based learning opportunities for students on funded projects;, as well as the authority to accept any gift, grant, contribution, bequest or endowment of equipment for beneﬁt of authority or its projects; requires the authority to reserve no more than 25 percent of funds available for priority use for multi-use vocational-technical educational facilities which may include post-secondary programs; requires a 10-year major improvement plan as prior condition for distribution of funds; prohibits the distribution of funds to a county not prepared to commence expenditure during a ﬁscal year; requires up-to-date enrollment projections in facilities plans and updates; authorizes inclusion of facilities for community and technical college education in plans to construct comprehensive vocational facilities at existing high schools; provides an exception from requirement for comprehensive vocational facilities in counties served by a multi-county center or existing county center; establishes a planning process if such county elects to construct a comprehensive center; and, includes introductory vocational-technical courses in middle school grades as part of effective schools for vocational-technical education.

House Bill 2511 would provide special license plates for members of the Nemesis Shrine, volunteers and employees of the American Red Cross, individuals who have received the Combat Infantry Badge or Combat Medic Badge, members of the Knights of Columbus and former members of the Legislature. The bill would provide that special registration plates may only be issued to nonproﬁt charitable and educational organizations currently authorized by law and would prohibit the Commissioner of Motor Vehicles from approving or authorizing additional nonproﬁt charitable and educational organizations to design or market special registration plates without prior authorization of the Legislature.

House Bill 2678 would change the ballot publishing dates before primary and general elections. The current law establishes a period eight to 14 days prior to an election. This measure would establish a new period of 20 to 26 days prior to an election. The measure also would: authorize certain (paper ballot)counties to count absentee ballots during an election period; alter absentee ballot signature requirements, allowing for facsimile signatures; provide for the changing of voting dates for early in person voting, by eliminating the Monday before the election (except in emergencies) and allowing for the two prior Saturdays before an election; provide for emergency early person voting the Monday prior to a Tuesday election, under special circumstances; provide for the processing of certain absentee ballots prior to closure of the polls for the purpose of determining legality; and, authorize certain changes in the early in person voting of absentee ballots.

House Bill 2729 would clarify that members of professional licensing board may be compensated only for days in which they attend ofﬁcial meetings or engage in ofﬁcial duties, and not for travel days.

House Bill 2748 would prevent mail order or internet sales of tobacco products to persons under 18 years of age. Essentially, the bill states that anyone who sells tobacco products through non-point of sales transactions would have to register with the state tax department, adopt a policy for verifying age of purchases, not deliver products except to veriﬁed addresses, and clearly mark the packages as tobacco products. The measure also would establish penalties, including a $500 ﬁne for failure to adopt a policy and $1,000 to $2,000 for a ﬁrst offense within ﬁve years, $2,500 to $3,500 for a second offense, $4,000 to $5,000 for a third offense, $5,500 to $6,500 for a third offense, and a $10,000 ﬁne for a ﬁfth offense. All offenses would be considered a misdemeanor and all ﬁnes collected would be deposited in the State’s General Trust Account. United State’s Postal service and package carriers are would be exempt as distributors.

House Bill 2794 would increase the service fee for worthless checks. The bill would provide any payee or holder of a check or draft order that is dishonored due to insufﬁcient funds the ability to impose a fee of $25, increased from $15 stated in current law.

House Bill 2843 would enact the federally required provisions of the “Help America Vote Act of 2002.” This legislation would bring West Virginia’s election laws in line with recent federal changes.

House Bill 2870 would specify the jurisdiction of the Public Service Commission (PSC) over, and the application of public utility laws to, certain described electric generating facilities. The measure would require persons, corporations and other entities that intend to construct and operate electric generating facilities, or that intend to make or construct a material modification thereof, to obtain from the PSC a siting certiﬁcate, in lieu of a certiﬁcate of public convenience and necessity, for each facility or material modification thereof. The bill also would allow the PSC, under speciﬁed circumstances, to seek the imposition of civil or criminal penalties, or both such civil and criminal penalties for violations.

House Bill 2953 would create a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund over a ﬁxed period with funds from the Unclaimed Property Trust Fund in an amount not to exceed $2 million annually. It also would create the Prepaid Tuition Trust Escrow Account and provide for the transfer of funds in the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Account and to the General Revenue Fund, as well as provide for the investment and use of this money.

House Bill 2970 would establish increased ratios for the maximum number of professional educators and of service personnel per 1,000 students in net enrollment that are funded by the state starting in 2004-05 school year. Separate ratios would be established for counties with high and low student population density per square mile. The bill would further provide for $2.5 million per year to be appropriation for the purpose of increasing the ratios beginning in the 2004 school year and concluding after 2015. Finally, the bill would direct the $2.5 million per year allocated and appropriated for the total state basic foundation program for the purpose of increasing these ratios.

House Bill 3011 would require the Fire Commission to promulgate emergency rules on or before June 1, 2003, to establish minimum training and equipment requirements for ﬁreﬁghters and ﬁre departments that have chosen to do rescue work which does not involve ﬁre prevention and control.

In the Senate

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February 19, 2003

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As of 4 p.m. Wednesday, February 19, 2003, the 43rd day of the 2003 Regular Legislative Session 636 bills have been introduced in the Senate. Of those, 11 bills were passed this week and will be sent to the House of Delegates for consideration. Among those passed were:

Senate Bill 340 would authorize county commissions to adopt different building restrictions in speciﬁed areas designated a ﬂood plain, mud-slide area or ﬂood hazard. This would clarify that county commissions may set different building restrictions in different levels of a ﬂood plain to allow property owners to secure the lowest appropriate rate for federal ﬂood insurance.

Senate Bill 395 would grant the Family Court Judge the power to order grandparent visitation as temporary relief during the time period in which a divorce is pending. The bill also clariﬁes that all issues with respect to grandparent visitation will be heard in Family Court.

Senate Bill 461 would update sections of the Corporation Net Income Tax Act, by bringing them into conformity with their meanings for federal income tax purposes.

Senate Bill 462 would update sections of the Personal Income Tax Act, by bringing them into conformity with their meanings for federal income tax purposes.

Senate Bill 56 would prohibit insurance companies, hospital service corporations, medical service corporations, health maintenance organizations (HMOs) and health care centers from requiring any person covered under an insurance contract to use a mail-order pharmacy in order to receive prescription drug beneﬁts. The bill would also prohibit insurers from imposing an extra fee or a penalty upon the insured for using another pharmacy.

Senate Bill 400 would allow the Insurance Commissioner to disclose confidential information in certain cases in the course of his or her duty. The amendments would make these Code Sections consistent with provisions of the federal Gram-Leach-Blibley Act which are intended to encourage the exchange of information between state insurance regulators and federal banking agencies and to ensure that each party to the exchange will keep the information conﬁdential and take reasonable steps to oppose efforts to secure disclosure of the information. This bill will add federal banking agencies to the list of entities with whom the insurance commissioner may provide certain conﬁdential information.

Senate Bill 484 would amend the section that sets the scope of Article 20 (which deals generally with the regulation of insurance rates). The amendment would remove title insurance from the list of exemptions from the article. That is, the bill would make title insurance subject to rate filing and the Insurance Commissioner’s rate review process.

Senate Bill 485 would authorize the Insurance Commissioner to enter into certain agreements and compromises concerning the liability of any person with respect to any tax, interest, surcharge, additional tax, fee, or ﬁne. Prior to commencing a civil action, the Commissioner could enter into a written closing agreement to settle a tax dispute. Absent fraud, malfeasance or misrepresentation of a material fact, the agreement would be ﬁnal and binding. For presuit closing agreements, the Commissioner’s counsel must place an statement in the ﬁle as to the terms of the agreement and the reasons for the settlement. The Commissioner would be required to make a quarterly report to the Speaker of the House, the President of the Senate and to the Legislative Auditor which summarizes the amounts compromised, etc., and which would preserve the identity of the taxpayers.

Senate Bill 486 would require certiﬁed public accountants to notify the Insurer’s Board or Audit Committee of adverse financial condition. The bill would provide an additional safeguard against failure to properly disseminate information concerning the company’s ﬁnancial condition. Under current law, an independent CPA performing an annual audited ﬁnancial report is required to give written notiﬁcation to the Insurance Commissioner and “an ofﬁcer or director of the insurer” of a material misstatement of the financial position or shortfall of the minimum capital or surplus required by the Code.

Senate Bill 488 would establish a minimum surplus for farmers’ mutual fire insurance companies.

Senate Bill 206 would give teachers’ aides the authority to supervise students undergoing in school suspension if the instructional duties are limited to handing out and collecting class work and not actual instruction.

West Virginia Legislature Reﬂects Diverse Citizenry

Elizabeth Lee

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February 19, 2003

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West Virginia Legislature Reﬂects Diverse Citizenry

They are doctors and farmers, educators and attorneys. They are miners and insurance agents, businesspeople and railroad workers.
At ﬁrst, they may seem to have nothing in common. They may live in completely different areas of the state, or work in completely opposite industries. They aren’t neighbors; they aren’t classmates; they may be complete strangers.
But for 60 days, they are all alike in one respect: they are members of the 76th Legislature.
West Virginia has a part-time Legislature. Unlike other states where legislating is a full time profession, and Legislators are unable to have a job outside their work in government. While West Virginia Senators and Delegates work 365 days a year, they are only required to be working in the State Capitol for 60 consecutive days during the Regular Legislative Session and for any Special Sessions. The rest of the year, our Legislators have their own jobs and their own lives, many of which are far from Charleston.
America is a representative democracy, and sometimes, it is necessary to take a look at the people – not the politics – who work as its representatives.
As an area becomes more well-known for supporting a particular industry or lifestyle, the more likely it is that the representative from that area will have worked in a job that reﬂects the more speciﬁc interests of the people in that region.
For example, most of the farmers in the Legislature come from the agriculturally based eastern area of the state, while more miners from the southern coal ﬁelds. The northern panhandle, famous for its steel industry, has representatives who have actually worked in the steel mills.
Closer to Kanawha County, which is mostly comprised of businesses and the chemical industry, there are more lawyers, business professionals, engineers and technicians. Most of the medical professionals in the Legislature also come from the more metropolitan areas, where there are more people and more hospitals.
Educators are the only group that do not come from just one area of the state; however, as education is necessary and a major concern everywhere, this might not seem so unusual.
Of the 34 people in the Senate, a little more than one third work in some form of business. Six members are in the education ﬁeld, while ﬁve Senators, or roughly 15 percent, are attorneys. The remaining 10 Senators work in a variety of ﬁelds, including insurance, healthcare, real estate development and mortuary science.
The top two professions for Delegates are business and law. Twentyseven percent of the members of the House of Delegates are in the business ﬁeld, while 18 percent are attorneys. Educators are the next largest group, with 17 Delegates making up this profession. Seven people work in insurance, and another seven are in healthcare, which includes two doctors, two nurses, two pharmacists and one senior citizens’ daytime care organizer.
There are also ﬁve miners, a housewife, a Certiﬁed Public Accountant, two railroad workers, a school bus driver and a handful of farmers in the House, just to name a few.
All of the members of the Legislature have at least a high school diploma, but most have at least one college degree or have graduated from a vocational school. Several Senators and Delegates have two or three degrees from different universities. Most also received at least one degree from a West Virginia institution of higher education, although several have degrees from an outof-state college or university, and some have even graduated from Ivy League schools.
West Virginia Legislators mostly attended West Virginia University, Marshall University, Fairmont State College and Shepherd College. They attended one of these schools for a bachelor’s degree, master’s degree, doctoral or law degree.
Based on percentage, about the same number of Senators and Delegates attended WVU – about 41 percent of the Senators and 43 percent of the Delegates attended WVU. However, while 24 percent of the Senators attended Marshall, only about 15 percent of the Delegates attended that same university.
Nearly every Legislator is married, and most have children. Several have grandchildren, and a few even have great-grandchildren.
All of these people represent the many different faces of West Virginia. Their backgrounds are as diverse as the areas they represent, and reﬂect the needs, issues and ideas of their communities. Legislators are the voices of the people, but they are also people themselves.

In the House

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February 12, 2003

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As of 4 p.m., Wednesday, February 12, 2003, the 36th day of the 2003 Regular Legislative Session, 985 bills have been introduced in the House of Delegates. Of those, the following16 bills were passed by the House this week, including ﬁve Sunset Bills and will now go to the Senate for its consideration.

House Bill 2008 would provide good-faith background checks for law-enforcement personnel. This bill would provide employer immunity from civil liability for disclosing accurate and truthful information about former employees. Any information forwarded or provided to another employer, about a former law-enforcement employee, would be considered to be provided in good faith.

House Bill 2190 would permit certain farm vehicles to use the highways between sunset and sunrise. These vehicles cannot travel further than 25 miles between land tracts.

House Bill 2239 would require foreign collection agencies to obtain a certiﬁcate of authority from the Secretary of State. This bill would remove the term “licensee” from the deﬁnitions and replaced the term’s usage with “certiﬁcate of registration”, and would require that along with a business franchise registration, a collection agency must also acquire a certiﬁcate of registration from the Secretary of State’s ofﬁce.

House Bill 2266 would include the State Fire Marshal and full-time ﬁre marshals within the definition of criminal justice enforcement personnel for the purpose of authorizing the State Fire Marshal and full-time ﬁre marshals to cooperate with and assist other law-enforcement agencies.

House Bill 2268 would name teachers and substitute teachers as professional educators and would address the critical
need and shortage thereof. This bill proposes changes in the Underwood Smith Teacher Scholarship to help address areas of critical need and shortage. The Underwood Smith program is designed to entice outstanding high school students to pursue teaching careers in the state.

House Bill 2281 would raise the allowable earnings limit of higher education faculty who retired under the severance plan. This bill would increase the amount of money that an employee, who is granted retirement and separation incentives provided under a higher education severance plan, may earn through contract employment with an institution of higher learning.

House Bill 2383 would require the state Department of Education to submit a comprehensive teacher certiﬁcation plan to the Legislative Oversight Commission on Education Accountability (LOCEA) for adopting prior to July 1, 2003. If the plan is not adopted by LOCEA, beginning January 1, 2005, each county would be responsible for certifying any teacher employed in that county and for determining the standards and qualiﬁcations necessary for certiﬁcation.

House Bill 2669 relates to hazardous waste management. The bill sunsets the annual certification payment for facilities that manage hazardous waste based on the ﬁscal year for the next three years and terminates the hazardous waste management annual certiﬁcation fee and the Hazardous Waste Management Fee Fund on June 30, 2006.

House Bill 2705 relates to the supervision of adult offenders and authorizes a compact for the supervision of adult offenders. It would have the state of West Virginia become a member of a new interstate compact, the Interstate Compact for the Supervision of Adult Offenders, which is being proposed to update and replace a previous interstate compact, the Interstate Compact For the Supervision of Parolees and Probationers, originally adopted in 1937.

House Bill 2763 would allow auxiliary roof mounted lighting only when it comes as original equipment and for use only when the vehicle is off-road. These lights must be off and covered while the vehicle is on the highway.

House Bill 2802 would provide for a legal description in deeds creating an easement or right-of-way. The bill would require the description to be either in metes and bounds or by reference to an attached plat, by specification of the centerline of the easement or right-of-way, by station and offset, or by a plat or drawing which may not require a survey.

Sunset bills passed by the House

House Bill 2864 would continue the Ofﬁce of Explosives and Blasting until July 1, 2004.

House Bill 2879 would continue the West Virginia Commission on Holocaust Education until July 1, 2009.

House Bill 2888 would continue the Board of Osteopathy July 1, 2006.

House Bill 2889 would continue the Board of Examiners of Psychologists until July 1, 2012.

House Bill 2916 would continue the State Geological and Economic Survey until July 1, 2007.

A sampling of bills introduced in the House

House Bill 2958 would require credit card issuers to provide adequate disclosure to consumers when soliciting credit card applications

House Bill 2893 would clarify that magistrates shall accept payment of ﬁnes and costs on a payment plan from an offender.

House Bill 2959 would prohibit health care providers from accepting gifts worth more than $25 from a pharmaceutical company.

House Bill 2960 would change the name of Fairmont State College to Fairmont State University.

House Bill 2920 would increase certain beneﬁts to dependents of a state trooper killed in the line of duty.

House Bill 2917 would require the DMV to design and issue special registration plates for use by Democratic Executive Committee Members.

In the Senate

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February 12, 2003

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As of 4 p.m., Wednesday, February 12, 2003, the 36th day of the 2003 Regular Legislative Session, 508 bills have been introduced in the Senate. Of those, 17 bills were passed and will go on to the House for its consideration, including three sunset bills.

Senate Bill 170 would require informed consent for abortion, as well as other provisions. The bill would require a minimum 24-hour-waiting period during which time the physician performing the abortion would have to inform the woman of certain aspects of the procedure. The doctor would have to tell the woman the risks involved with having the abortion, the risks if she decided not to have the abortion, and the gestational age of the fetus. The bill would allow for an exception to be made in an emergency when the woman’s life is in danger.

Senate Bill 204 relates to involuntary commitment generally. This bill would remove wording that would prevent an incarcerated individual from being subject to mental hygiene proceedings, such as a psychiatric evaluation.

Senate Bill 206 would authorize aides to supervise students who are undergoing in-school suspension. The bill also would provide for limitations such as allowing an aide to only pass out or take up class work but not actually teach the students in the class.

Senate Bill 336 would require health care professionals to use a standardized form for credentialing, recredentialing or updating information.

Senate Bill 342 would limit the time a driver’s license may be issued to certain non-citizens. Anyone who is not a US citizen would only have a driver’s license for the amount of time he or she is in the country, although it cannot exceed ﬁve years. The license would be renewed at the discretion of the Commissioner of the

Senate Bill 356 relates to insurance company holding systems and the Federal GrammLeach-Bliley Act. The bill would allow insurance companies to acquire or be acquired by depository institutions and would amend the period of time within which an action may be taken by the Insurance Commissioner upon a statement ﬁled by a person who wants to get control of an insurance company. The bill also would authorize the Commissioner to share certain conﬁdential information about the company with the Board of Governors of the Federal Reserve System or other appropriate federal banking agency.

Senate Bill 358 relates to the redomestication of domestic insurance companies. A domestic insurer can, upon the approval of the Insurance Commissioner, transfer its domicile to any other state in which it is admitted. When such a transfer occurs, the company would cease to be a domestic insurer and become a foreign insurer. The commissioner could only approve the transfer if he or she determines that it is in the best interests of the policyholders of the state.

Senate Bill 375 would allow the transfer of a contractor’s license to a new business associate if the license holder is the principal owner, partner or ofﬁcer of the company.

Senate Bill 381 would add professional surveyors to professional limited liability companies.

Senate Bill 388 would modify the requirements for the titling and registration of imported vehicles. An automobile would have to meet Federal Safety and Emissions Standards and the owner of the vehicle would have to be able to prove that the vehicle meets those standards before it could be sold.

Senate Bill 390 would remove the requirement that a person’s social security number appear on a commercial driver’s license (CDL). The license would still have to include the driver’s name, eye and hair color, weight, gender, date of birth, address, signature and color photo.

Senate Bill 414 would authorize the Real Estate Commission to enter into license reciprocity agreements with other states.

Senate Bill 424 would authorize the Commissioner of Corrections to consent to the transfer of convicted offenders under Federal treaty. It also would require that the inmate be informed of his or her rights in words he or she can understand.

Senate Bill 447 would allow reciprocal agreements with Ohio regarding hunting and fishing. The measure would allow agreements established by he DNR whereby the residents of West Virginia and Ohio may hunt waterfowl and ﬁsh in and along tributaries on both sides of the Ohio River without additional licensing.

Sunset Bills passed by the Senate

Senate Bill 469 would continue the Contractor Licensing Board until July 1, 2006.

Senate Bill 470 would continue the Board of Manufactured Housing Construction and Safety until July 1, 2005.

Senate Bill 471 would continue the Board of Pharmacy until July 1, 2008.

A sampling of bills introduced in the Senate

Senate Bill 466 would authorize expeditions for hunting black bear with dogs.

Senate Bill 486 would require Certiﬁed Public Accountants (CPAs) to notify the Insurer’s Board or Audit Committee of an adverse ﬁnancial condition.

Senate Bill 491 would authorize the Bureau for Child Support Enforcement to reduce monthly support payments when overpaid.

Senate Bill 489 would authorize the Parkways Authority to provide wireless communication coverage.

Senate Bill 465 would allow certain retail markup on cigarettes and beer.

Senate Bill 457 would allow counties adopting ﬂood plain ordinance to designate an enforcement agency.

Senate Bill 459 would prohibit the renaming or rededication of certain monuments and memorials.

Senate Bill 453 would establish the Domestic Violence Fatality Review Team.

Senate Bill 479 would prohibit municipalities from closing a Fire Department without State Fire Marshal approval.

Senate Bill 468 would repeal the requirement that the Tax Commissioner report annually the amount of fuel tax collected.

Senate Bill 458 would require hospitals to implement a plan eliminating or reducing medication-related errors.

Senate Bill 492 would exempt tax for materials and services used in coal preparation plants.

Senate Bill 478 would enact the Tax Free Family Meal Act of 2003.