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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As of 4 p.m., Wednesday, February 4th, 2004, the 22nd day of the 2004 Regular Legislative Session, 928 bills have been introduced in the House of Delegates. Of those, 34 measures have been passed by the House and are under consideration in the State Senate.

House Bill 4017 would prohibit the use of gambling names and symbols in advertising, signs and directions to the establishments of those who are licensed to operate video lottery machines. The measure states that a limited video lottery retailer would not be allowed to display a name for their establishment on the outside of the establishment unless the name has been approved, in writing, by the West Virginia Lottery Commission.

House Bill 4020 would protect individuals’ and their dependants’ personal information from inappropriate release. The bill states that any personal information maintained by state entities, unless essential to the function of that entity, would be exempt from disclosure.

House Bill 4021 would prevent the disclosure of a state employee’s and state officer’s personal information. The measure would provide that any personal information maintained by state agencies or entities with respect to state employees and officers, and their dependants, as well as retirees of any system administered by the Consolidated Public Retirement Board, is exempt from disclosure.

House Bill 4037 would provide for safe schools through alternative education programs, as well as provide public school officials with certain juvenile justice records. The measure would allow for disclosure of juvenile justice records if the youth has been charged with certain offenses, such as violence against others, possession of a deadly weapon and possession or delivery of a controlled substance.

House Bill 4055 would create a compact between states for the protection and return of juvenile offenders, runaways and/or other youth. The bill would authorize the Governor of West Virginia to enter an interstate agreement with other states to ensure that any juvenile, adjudicated or not, be protected while in custody and safely returned. The measure also would establish the Interstate Commission on Juveniles to collect data regarding the movement of juveniles between states and oversee the details contained in the interstate compact.

Committee Substitute for House Bill 4085 would clarify certain terms related to the Ron Yost Personal Assistance Services Act. the Ron Yost Personal Assistance Services Act (RYPAS), established in 1999, is a consumer controlled program to enable individuals with severe disabilities to live in their own homes and communities. Provisions of this bill would clarify eligibility requirements and funding sources for the program.

House Bill 4097 would identify those persons or entities responsible for paying certain fees assessed by circuit court clerks with regard to the processing of criminal bonds and bailpieces. This measure would set the fees for certain bonds and bailpieces depending on the type of bond established.

House Bill 4101 would allow an employee to use scanner technology to verify the age of a customer purchasing alcoholic beverages to use the proof of the scan as his/her defense of the sale should the purchaser prove to be under the age of 21. The bill states that any licensee, agent or employee, with the absence of fraud or bad faith, who used scanner technology to certify the age of an individual purchasing beer or alcoholic beverages, would be able to use such technology to defend the sale.

House Bill 4104 would make it a felony for the use of a scanning device or a re-encoder to commit fraudulent activities. This bill would prohibit the use of a re-encoder for the purpose of placing information from a magnetic strip of one payment card to another without the permission of the authorized user.

House Bill 4108 would exempt K-9 law enforcement and other emergency vehicles that haul animals from window-tinting requirements. The vehicles would be authorized to have sun-screening devices and darker window tinting to provide greater comfort for the animals and make them less visible from public view.

House Bill 4110 would conform the state’s criminal and penalty laws with federal law regarding the use and display of beer and alcoholic beverages in motor vehicles. The bill would provide certain regulations regarding alcohol use in public places, including highway use, and would specify vehicles in which passengers would be permitted to consume alcoholic beverages.

House Bill 4119 would allow counties that had obligated income from a hotel/motel tax to a capital project to keep the money until the obligation is paid off. Also, municipalities would be required to hold a public hearing prior to annexation, unless an election is held.

House Bill 4131 would require certain reports be made to the Legislative Oversight Commission on Workforce Investment for Economic Development. This bill would create the Workforce Initiative Program to administer and oversee grants to community and technical colleges. The program also would set criteria for grant applications, receive applications for grants, make determinations on distribution of funds, and evaluate the performance of workforce development initiatives.

House Bill 4132 relates to the West Virginia Guaranteed Work Force Program. Under this measure, the West Virginia Development Office would develop a training program to provide assistance for new or expanding businesses for training, retaining, or upgrading of the skills of potential employees. The program would emphasize training of employees specifically designed to accommodate the needs of individual employers.

House Bill 4157 would continue the Rural Health Advisory Panel. This panel is designed to increase the amount of healthcare services provided in rural areas of the state, and works in conjunction with the Rural Health Education Partnership to attract healthcare professionals to rural West Virginia.

House Bill 4248 would continue the Office of the Environmental Advocate. The Environmental Advocates Office handles requests for assistance about the public comment process, how to appeal agency decisions, and other useful resources.

As of 4 p.m., Wednesday, January 28, 2004, the 15th day of the 2004 Regular Legislative Session, 781 bills have been introduced in the House of Delegates. Of those, 21 have been passed by the House and are under consideration in the Senate. Among those were:

House Bill 2088 would increase the penalty for persons manufacturing or distributing a controlled substance, counterfeit substance or marijuana in or within 1,000 feet of a park, playground or other recreation area. Violators of this law would be guilty of a felony offense and, upon conviction, would be subject to incarceration for up to 10 years and/or a maximum fine of $20,000 for a first offense; and, upon a second or subsequent conviction, would be subject to imprisonment for 5 – 20 years, and/or a maximum fine of $40,000.

House Bill 2268 would provide priority in the selection for Underwood-Smith scholarships to qualified applicants with the highest academic abilities who intend to pursue careers in areas of critical need and shortage. This bill also would provide separate eligibility requirements and modified scholarship agreements.

House Bill 4004 would establish an insurance fraud unit within the Insurance Commissioner’s Office. Among its duties, the insurance fraud unit would be authorized to initiate investigations, review insurance fraud allegations and serve subpoenas. This bill also would provide that no person may commit a false insurance act and any person with information regarding such an act must provide this information to the Insurance Commissioner. In addition, insurance companies would be required to place fraud warnings on claim forms and applications.

House Bill 4021 would prevent the disclosure of personal information of state employees and officers, and their dependants. This information would be prohibited unless necessary to an essential function of a state agency, entity, law enforcement agency, or required by law.

House Bill 4022 would create “The All-Terrain Vehicle Safety Regulation Act.” If passed, this bill would, among other provisions, prohibit the use of ATVs from sunset to sunrise without an illuminated headlight or taillights; operation on interstate highways except by public safety personnel responding to emergencies; and, the use of ATVs on roads with a center line or with more than two lanes except for the purpose of crossing the road. At the time of this bill’s passage in the House, it required operators under 18 to wear helmets on public land; however, Senate amendments are pending.

House Bill 4043 would establish, as the priority for early childhood education, intensive instruction in the basic skills of reading, mathematics and English language arts, along with early detection and intervention strategies to correct student deficiencies.

House Bill 4045 would require the submission of evidence to the State Superintendent that a county superintendent has given required bond and good security. The county superintendent also would be required to meet certain health related conditions of employment.

House Bill 4072 would provide for a unified approach to the long-term planning and implementation of technology in the public schools. This would be a continuing plan that covers a period three to five years and is updated on or before July 1st of each year.

House Bill 4068 would allow the hunting of coyotes by use of amber-colored artificial light which would make it possible to hunt at night. The restrictions for this practice would be the same as those currently in place for hunting raccoons, opossums and skunks with artificial lights.

House Bill 4084 would establish the West Virginia Pharmaceutical Availability and Affordability Act. Under this legislation, the costs of pharmaceuticals for all state health insurance programs would be in conformity with the Federal Supply Schedule (FSS) rate. Medicaid and the Children’s Health Insurance Program (CHIP) would be exempt from this requirement if federal approval is given. In addition, marketing and advertising costs for pharmaceuticals would be reported to the Insurance Commission. Failure to report these expenses would result in penalties.

Sampling of bills introduced this week:

House Bill 4153 would require minimal additional pay for certain classified employees who agree to work on weekends and remove provisions that incremental salary increases for classified employees be paid from existing funds.

House Bill 4140 would require the Ethics Commission to establish a code of conduct for state administrative law judges, including civil penalties and sanctions for violations.

House Bill 4147 would provide for the use of returnable beverage containers. If passed, this bill would require beverage sellers to provide convenient means for returning bottles within 100 yards of the sale location. Regional or county centers that permit container returns could be established as substitutes for these return areas. Beverage container is defined as any that contain one gallon or less of a beverage and are composed of airtight metal, glass, paper, plastic or any combination of these.

House Bill 4127 would allow paid and volunteer fire departments to place automated external defibrillators on fire trucks and on other fire equipment. In addition, this bill would provide that in emergency situations, trained firefighters would be permitted to use these defibrillators when no licensed emergency medical personnel are available.

House Bill 4143 would establish a West Virginia center for nursing to organize a statewide strategic plan to address the nursing shortage in the state. If created, this center would promote the recruitment and retention of nurses. Also under this legislation, licensed registered and practical nurses would pay an annual supplemental licensure renewal fee of $10. This money would be used to subsidize the center, provide loan repayment and fund scholarship programs.

House Bill 4156 would provide the West Virginia State Police with the ability to define and draw DNA samples from convicted felons. For the exclusive purpose of criminal identification, State Police would be authorized to use this information to maintain a DNA database. In addition, this bill would provide a right to DNA testing for imprisoned felons and would require certain physical evidence to be preserved.

House Bill 4103 would eliminate any reduction in the benefit of a state police officer who is disabled on the job when the officer attains the age of 55. This would include any physically or mentally permanently disabled by injury, illness, or disease resulting from occupational risk or hazard.

House Bill 4119 would allow the phase-in of the transfer of the hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of the taxing authority to the municipality.