As of 4 p.m., Wednesday, February 4th, 2004, the 22nd day of the 2004 Regular Legislative Session, 449 bills have been introduced in the Senate. Of those, 12 have passed since Thursday, January 29, 2004 and will now go before the House of Delegates for its consideration.

The Senate amended and passed Committee Substitute for House Bill 4022, which would create “The Child Safety All-Terrain Vehicle Act.” An amendment adopted by the Senate included the provisions of a child safety bill worked on during the 2003 interims. This bill would address safety concerns for persons under the age of 18, such as requiring safety helmets, limiting passengers, regulating driving in the dark, safety training and other areas of public safety; including adherence to all highway laws, except registration requirements. The measure has been returned to the House for further consideration.

Senate Bill 111 would establish the Central Highland Authority. This Authority would promote the construction of a highway through Braxton, Nicholas, Webster, Randolph and Pocahontas Counties and assist in developing the area bordering the highway. The Authority would consist of two members appointed by each county and three non-voting members: the Commissioner of Highways, Director of Natural Resources and the Executive Director of the Development Office.

Senate Bill 163 would establish the Water Resource Protection Act. In addition to claiming the waters as a natural resource of the state, this legislation would determine the nature, extent and consumption of West Virginia’s water resources. This bill provides that a one-year water use survey of state waters would be conducted by the Department of Environmental Protection (DEP). This survey would cover the current and past four years of consumptive and non-consumptive, surface water and groundwater withdrawal in the state. Also under this legislation, the Joint Legislative Oversight Commission on State Water Resources would be established.

Senate Bill 199 would correct the inconsistency of the appointments to the Commission for the Deaf and Hard-of-Hearing in relation to their terms and the number of people appointed. Current law states that three members would be appointed to three year terms, three members would be appointed to two year terms and one member would be appointed to one year term. This bill changes one member for one year term to three members appointed to a three year term.

Senate Bill 200 would require the State Police to annually report to the Legislature a summary of their effectiveness in recruiting females, African-Americans and other minorities into the State Police.

Senate Bill 209 would require the Joint Committee on Government and Finance to review any purchases or leases of property totaling $1 million dollars or more at least 30 days before any state contract is awarded. This bill would prevent the state from entering into contracts that are uncertain and would serve as a safeguard.

Committee Substitute for Senate Bill 231 would authorize County Commissions to set up a Flood Plain Enforcement Agency within
their counties. This agency would consist of a collection of the top county officials. Also, this bill would allow County Commissions to establish different building restrictions in areas designated as flood plains or mudslide areas. This legislation would assist property owners in obtaining flood insurance.

Committee Substitute for Senate Bill 258 would establish a procedure for the enforcement of out-of-state domestic violence protection orders in West Virginia. This bill would allow law enforcement officers to enforce out-of-state protection orders if they have probable cause that a valid order exists and has been violated. The State Police also would be required to add all out-of-state protection orders to the computer registry of all in-state protection orders.

Senate Bill 286 would allow the Banking Commissioner to assess regulated consumer lenders for the costs and expenses assumed while conducting examinations.

Senate Bill 309 relates to medical and mental evaluations. This bill would reinforce the authority of the Department of Health and Human Resources (DHHR) to set the fee rates for expert witnesses for professional services rendered by a psychologist, psychiatrist, physician, therapist or other health care professional in abuse and neglect matters.

Senate Bill 296 would continue the Center for Professional Development Board. This board strives to offer informative and motivational training for professionals and ensure quality standards throughout the West Virginia school system.

Senate Bill 323 would continue the Office of Explosives and Blasting. During the 73rd Legislature, this office was created within the Department of Environmental Protection to address questions and complaints concerning surface coal mine blasting.

Senate Bill 324 would continue the Division of Personnel, which was created in 1989 to provide leadership in personnel management for the executive operating agencies of state government, including administration of a merit system (i.e. civil service)

As of 4 p.m. Wednesday, January 28, 2004, the 15th day of the 2004 Regular Legislative Session, 308 bills have been introduced in the Senate. Of those, seven measures were passed and will go on to the House for its consideration.

Senate Bill 10 would extend the time frame for the study of the state system of orphan roads and bridges to January 30, 2005. At that time the Commissioner of the Division of Highways would be required to submit proposed legislation for the formulation of an Orphan Roads and Bridges Policy. The bill would extend the Orphan Roads and Bridges Acquisition and Maintenance Program to December 31, 2006.

Committee Substitute for Senate Bill 50 would provide a limitation of liability for remediation costs for property owners who are not responsible for the accumulation of waste tires on their properties. It would also allow the Division of Highways to recover remediation costs from the previous owners and require a notice of the existence of waste tires to be on file at the county clerk’s office.

Senate Bill 100 would prohibit state and political subdivisions from contracting with vendors owing debts greater than $1,000 to the state or its political subdivisions.

Senate Bill 196 would allow activities on school instructional support and enhancement days, including activities for students, faculty senate meetings and other professional activities, to occur in any order.

Senate Bill 224 would correct references to an article concerning the adoption of an abandoned child.

Senate Bill 268 would continue the Division of Motor Vehicles until July 1, 2006. (Sunset Legislation)

Senate Bill 269 would continue the Division of Purchasing within the Department of Administration until July 1, 2008. (Sunset Legislation)

Sampling of bills introduced this week:

Senate Bill 295 would provide limited immunity from civil liability to a person who is defending himself, others and/or his property. The person claiming immunity must prove that his or her actions were reasonable given the crime being committed.

Senate Bill 259 would require all state boards of examination and registration provided in State Code to have websites available to the public. It would require the Information Services and Communication (IS&C) Division within the Department of Administration to assist the boards in developing the websites and require the Governor ensure that links to each of the boards’ websites are accessible through the state’s website.

Senate Bill 258 would establish a procedure for enforcement of out-of-state domestic violence protection orders in West Virginia similar to the procedures approved by other states adopting the Uniform Act.

Senate Bill 276 would establish a discount for marriage license applicants who complete approved premarital counseling. Those who complete the counseling would receive a 20 percent discount off of the license.

Senate Bill 270 would create the Public Campaign Finance Act. The Act would create a public fund from which candidates who agree to limit contributions and spending receive campaign financing.

Senate Bill 280 would create a Consolidated Fund Investment Act. The Act includes provisions to transfer the Consolidated Fund from the Investment Management Board to the State Treasurer and transfer the responsibility for the West Virginia check card from the Auditor to the Treasurer.

Senate Bill 257 would provide a state income tax exemption to retired federal law enforcement officers and firefighters comparable to their counterparts in state, county and municipal service. The exemption would be for retirement income received in the form of pensions and annuities to the extent it is included in federal income tax purposes.

Senate Bill 287 would require insurance claimants to rebuild damaged property within one year from the date of the insured loss. The purpose of the bill is to eliminate incentives for policyholders to destroy their own property and to reduce the possibility of insurance fraud.

Senate Bill 294 would impose sale or use tax on certain recreational vehicles such as all-terrain vehicles (ATVs) and snowmobiles. This bill would also clarify that the sales tax on motorized vehicles not designed for state road use, such as riding lawn mowers and farm tractors, be deposited in the General Revenue Fund, not in the State Road Fund.

Senate Bill 291 would prevent the taking of checks or share drafts to guarantee loans or cash advances. The bill would not allow anyone engaging in the business of payday advances or payday lending to hold checks, share drafts, or debit accounts of consumers as security for advances or loans.

Senate Bill 267 would provide a law that addresses violence against public employees. The bill would provide that anyone who commits “assault” against a public employee while the employee is acting within the scope of his or her duties would be fined $50 to $100 and serve 24 hours to six months in jail. Anyone committing “battery” against a public employee will be fined $100 to $500 and serve one day up to one year in jail.

Senate Bill 293 would create a Beverage Container Deposit Act. This would require the use of returnable containers for soft drinks, soda water, carbonated, natural or mineral water, other nonalcoholic carbonated drinks and for beer, ale or other malt drinks of any alcoholic content and for certain other beverage containers. It would also provide for the use of un-redeemed bottle deposits; prescribes the powers and duties of certain state agencies and officials; and, prescribes penalties and remedies.

Senate Bill 283 would remove the provision of the law that reduces a disabled retiree’s straight life annuity by 20 percent when he or she reaches the age of 65.

Senate Bill 272 would create a State Police Review Board to hear complaints against State Police personnel.

Senate Bill 271 would require racial profiling data collection by law-enforcement officers and agencies each time a motorist is stopped for an alleged violation of the law. The bill would require the Superintendent of the State Police to conduct an analysis of traffic stops and provide an annual report to the Legislature.

Senate Bill 296 would continue the Center for Professional Development Board until July 1, 2010.

As of 4 p.m., Wednesday, January 21, 2004, the 8th day of the 2004 Regular Legislative Session, 254 bills have been introduced in the Senate. Of those, three measures were passed and will go on to the House for its consideration.

Senate Bill 166 would reduce the allowable blood alcohol content (BAC) for driving under the influence (DUI) from 0.10 to 0.08 of one percent of body weight. Federal highway funding to the tune of around $10 million has been tied to the passage of this legislation.

Senate Bill 190 relates to the filing fee for certain United States candidates. The measure places a cap on the dollar amount set for the filing fee in West Virginia for United States presidential candidates to $2,500. Current law places a one percent fee for all offices, state or federal. This bill would place West Virginia into compliance with federal filing laws.

Senate Bill 196 would allow instructional activities for students, faculty senate meetings and other professional activities
for teachers, all of which are required on instructional support and enhancement days, to occur in any order.

Sampling of bills introduced this week:

Senate Bill 215 would require that persons, under the age of 18, who operate ATVs wear helmets and prohibit passengers under the age of 18. The bill would also provide that cities and counties may regulate or prohibit the operation of ATVs within their respective jurisdictions and would provide an exemption for farm and commercial use.

Senate Bill 252 would create the Child Safety All-Terrain Vehicle Act. This bill would establish safety and training provisions for children riding or operating ATVs in West Virginia.

Senate Bill 253 would establish ATV safety measures for any person operating or riding ATVs and place limitations on ATV use. The bill would also grant counties limited authority to regulate ATV use.

Senate Bill 210 would repeal the annual corporate license fee and replace it with an annual report and annual registration fee of $50 to be paid by corporations, non-profits, limited partnerships, voluntary associations, and business trusts. The bill also would preserve the attorney-in-fact fee.

Senate Bill 233 would require the Alcohol Beverage Control Commission (ABCA) to hold a public hearing prior to issuing a first-time license for private clubs or upon the transfer of a license to a private club at a new location. The bill would mandate a public hearing be held in the county where the club is to be located.

Senate Bill 15 would remove the requirement that substitute teachers work a certain amount of days for seniority applied to full-time employment. The bill, more specifically, would remove the requirement that substitute teachers work at least 133 days in a school year to count their substitute teaching toward seniority for full-time employment hiring purposes.

Senate Bill 171 would eliminate the requirement that an estate representative be in court to be named administrator of an estate.

Senate Bill 162 would prohibit businesses authorized to offer limited video lottery games from displaying gambling names and gambling symbols in the establishment’s advertisements, signage and/or directions.

Senate Bill 251 would establish the Nurse Overtime and Patient Safety Act. The bill would generally prohibit mandatory overtime for nurses in certain health care facilities. The bill states that a hospital would be prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and/or take action against a nurse solely on those grounds.

Senate Bill 161 would create the West Virginia Health Insurance Plan. This measure would look to provide health insurance coverage to qualified persons who are otherwise unable to obtain coverage. The coverage issued by the plan, its schedule of benefits, exclusions and other limitations would be established by a board created by the bill and subject to the approval of the Insurance Commissioner.

Senate Bill 235 would allow motor vehicles to treat red lights as stop signs in certain cases. The measure would permit a driver of a motor vehicle to treat a red light as a stop sign between the hours of 12 a.m. and 6 a.m. if there are no pedestrians or other traffic present or within close proximity. Any political subdivision in the state would be able to pass an ordinance prohibiting motorists from the provisions of this legislation.

Senate Bill 175 relates to benefits for members of the Police Retirement System for service-related disability or death. The bill would increase the death benefits eliminate the requirement for disabled members to convert to standard retirement when they turn 55 years old, and provide a three percent Cost of Living Allowance (COLA) under the State Police Retirement System (Plan B).

Senate Bill 200 would require an annual report be filed with the Legislature on or before January 1st of each year by the Superintendent of the State Police which includes a summary of the efforts and the effectiveness of recruiting females, African Americans and other minorities.

Senate Bill 225 would increase the base salary of sworn State Police personnel by 18 percent effective July 1, 2004.

Senate Bill 114 would enact the Tax Free Family Meal Act of 2004, eliminating the sales tax on groceries. The Act would look to generate the appropriate funding received by the taxes on food by increasing other taxes on certain products, including beer, liquor, soft drinks, cigarettes and other tobacco products.

Senate Bill 135 would reissue the sales tax holiday for the purchase of back-to-school clothing and school supplies, including computers and computer accessories, during a three-day period beginning August 6 and ending August 8, 2004.

Senate Bill 204 would allow for the sale of unused Strategic Research and Development Tax (R&D) credits.

Senate Bill 103 would create the Tobacco Free School Act. This Act would prohibit tobacco use in all school buildings and grounds and increase the penalties for such violation of this provision. The measure would increase the fine for violation of the Act to at least $50 and up to $250. As the Code reads now, the fines are $1 to $5.

Senate Bill 170 would increase penalties for use or possession of tobacco or tobacco products by minors. The bill would increase fines and place additional community service requirements upon those minors who violate this proposal.