Blog – Page 399

In the House

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February 4, 2004

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.

In the Senate

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February 4, 2004

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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)

Legislative procedure governed by rules of order

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February 4, 2004

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Legislative procedure governed by rules of order

The private sector has always been heralded for its structure and efﬁciency in its operations, and should be applauded. However, efﬁciency and good management practices are not only relegated to private industry but are demanded of government. Upon the founding of our nation, certain rules and procedures were established to maintain the democratic process and were copied by the states. The West Virginia Constitution mandates each step of the legislative process. While ensuring a balanced budget is the only requirement set forth by our State Constitution, the ways and means of progress requires further legislative action. The West Virginia Legislature not only adheres to the State Constitution but also has devised its own sets of rules established by each body to effectively manage its operations. The State Constitution requires that the second Wednesday every January, except years which follow a gubernatorial election, be the ﬁrst day of session and that the Legislature meet for 60 consecutive days thereafter. In years following a gubernatorial election, the Legislature convenes upon the second Wednesday in February and then meets for its 60 consecutive day session. As established in West Virginia Code, the 20th day of each legislative session is the deadline for the submission of Legislative Rule-Making Review bills. According to the rules of the Senate, the 41st Day is the last day to introduce bills in Senate. This rule does not apply to originating or supplementary appropriation bills, nor does it apply to Senate resolutions or concurrent resolutions. Likewise, as set forth by the rules of the House, the 45th day is the last day to introduce bills in House of Delegates. Again, this does not apply to originating or supplementary appropriation bills. In both bodies, on the 47th day, bills are due out of committees in their respective house of origin to ensure three full days for readings in the other chamber. The 50th day, by a joint Senate-House rule, is the last day to consider a bill on third reading in its house of origin. Again, this does not include budget or supplementary
appropriation bills. As set forth in the State Constitution, the 60th and ﬁnal day of the legislative session will end with the Legislature adjourning at midnight. Any regular session may be extended by a concurrent resolution adopted by a two-thirds vote of the members elected to each body and only for the purpose of completing work on the State Budget. Parliamentary procedure dictates how debate is handled and ensures that proper decorum is followed on the ﬂoor when addressing issues and members alike. Proper parliamentary procedure preserves the order and manner in which each body must follow. Each body also follows a speciﬁc Order of Business, which varies slightly between chambers, to complete the business of the day. This order includes introducing bills to be passed, reading bills and even introduction of guests. Bills may be read on three separate days, as is prescribed by the constitution, or constitutional rules can be suspended by a vote of four-ﬁfths of the membership of the respective body and a bill can be read three times on one day. Bills to be read a third, second and/or ﬁrst time are placed upon calendars which are overseen by the Rules Committee in each chamber. In the House, a consent calendar was added last year and bills which are reported out of committees with unanimous consent are placed upon this calendar to ensure an efﬁcient and effective legislative process is maintained. However, a bill could be removed from the consent calendar by the request of a single member if there is a dispute as to how quickly a measure is moving. Also in the House, any bill not reported by unanimous consent from a committee will be placed on the House Calendar for consideration. In the Senate, all bills and resolutions reported from committee are placed on the Senate Calendar for consideration. Even though lawmakers are counted on to enact the laws that govern the state, they too follow the rules and guidelines that allow them to govern.

Vol. XV Issue 3

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February 4, 2004

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In the House

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January 28, 2004

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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.

In the Senate

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January 28, 2004

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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.

Committee Studies Essential to Legislative Process

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January 28, 2004

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Committee Studies Essential to Legislative Process

As the 60-day 2004 Regular Legislative Session enters its 3rd week, the amount of legislation introduced and the docket of proposals laid before members of the Legislature increases. These bills address an inﬁnite variety of subjects, from economic development, the criminal justice system and state ﬁnances to state government’s organization, natural resources and military affairs. To help facilitate the legislative process and ensure that each measure introduced obtains detailed study and effective review, the West Virginia Legislature relies on its committee system. The committee system provides a basic structure for legislators to consider, discuss, debate and, in certain cases, originate effective legislation for the development of positive public policies. Both the House of Delegates and the State Senate divide their membership into smaller, more focused groups, or committees, to handle specific topics relevant to their charges and within their jurisdictions. For example, members of the Senate Standing Committee on the Judiciary look over legislation relating to civil and criminal proceedings, while the House Standing Committee on Finance addresses bills generally relating to taxes, revenue and budgetary statutes. All House and Senate committees become a depot for the extensive research and discussion on each piece of legislation under their consideration. Along with the basic consideration and development of legislation, committees also act as forums of ideas and streams for public comment. During the legislative session, committee leadership invite various experts, stakeholders and distinguished guests to address the committee members and discuss issues in depth. This component of the committee process offers legislators the ability to hear statistics, expert explanations and personal testimony, as well as gauge how those most affected feel about certain legislation. For example, during a Joint Committee Meeting of the Senate Standing Committee on Economic Development and the House Standing Committee on Industry and Labor, Small Business and Economic Development, representatives from a partnership program between the West Virginia Development Ofﬁce and the United States Department of Energy, addressed committee members to discuss their ideas on the status and future of industry in the Mountain State. Individuals spoke regarding their concerns for the future of West Virginia manufacturing businesses and offered several legislative initiatives to address the concerns. Both the House
and Senate economic development committee members will be discussing all measures introduced which are designed to help improve the economic landscape of the state, and this joint meeting was established to assist lawmakers in their charge. Many times, especially if drafted legislation receives vast media attention or has become a hot topic to the public, committees will hold public hearings, offering an opportunity for interested individuals to voice their concerns, questions, support and/or opposition. Public hearings are an effective way for committee members to gain much needed public input. As legislation moves through the committee and legislative processes, the House and Senate may ﬁnd themselves unable to reach an agreement on every provision considered in a piece of legislation. When this happens, and neither body will recede or retract its provisions to a bill, the legislation is referred to a conference committee. A conference committee is comprised of members from both bodies, with an equal number from each, and are formed to resolve the differences between the House and Senate versions of a bill. If a compromise is reached, each body will either pass or reject the conference committee bill. Earlier this week, members of the Legislature referred Senate Bill 166, a provision which would reduce the allowable blood alcohol content (BAC) from 0.10 to 0.08 for driving under the inﬂuence (DUI), to a conference committee. It is the Legislature’s hope that this committee will iron out the differences between the two legislative bodies and recommend its passage.

Vol. XV Issue 2

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January 28, 2004

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In the House

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January 21, 2004

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As of 4 p.m., Wednesday, January 21, 2004, the eighth day of the 2004 Regular Legislative Session, 723 bills have been introduced in the House of Delegates, including 624 carry-over bills. Carry-over bills and resolutions are proposals that did not pass or were pending upon the adjournment of the first regular session within a respective two-year Legislature. These proposals must be requested by their original sponsors and retains their original language.

Five bills have been passed by the House and will now go to the Senate for its consideration. These are:

Committee Substitute for House Bill 2268 would designate teachers and substitute teachers as professional educators and address critical needs and shortages. This bill would reactivate provisions which previously authorized County School Boards to employ retired teachers in areas of critical need and shortage. However, the policy must limit the employment of retired teachers when no other teacher who holds certiﬁcation and training in the area of need is available.

House Bill 3052 relates to including Family Courts into certain jurisdictional references of the Clerk of the Circuit Court by changing the ofﬁcial title of the Clerk of the Circuit Court to Clerk of the Courts. The bill would also require that the Administrative Director of the Supreme Court of Appeals keep a full and complete account of all money transactions in connection with the various county law libraries and of the receipt of all books and other documents lodged in the libraries.

House Bill 4039 relates to the posting of positions for the employment of persons other than professional educators as coaches. This bill would remove the prior requirement that the posting of coaching positions be posted after the employment of persons other than professional educators have been hired in a coaching position and remained there for at least three consecutive years.

House Bill 4040 relates to the criteria for ﬁlling vacancies in the case that more than one person who is permanently employed seek the same posted position. The criteria would be an overall rating of satisfactory on the previous two evaluations, rather than over the previous two years.

House Bill 4045 would require the submission of evidence to the State Superintendent that the County Superintendent has provided the required bond and good security. The bill would also require that each County Superintendent hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent.

Sampling of bills introduced this week:

House Bill 4052 would increase the number of persons to whom credit union services would be extended. Credit union membership would be limited to persons within one or more groups having a common bond or bonds of similar occupation, employer, association or interest, or to those who reside or work in a well-deﬁned community, neighborhood or rural district (using standards established by the National Credit Union Administration).

House Bill 4081 would require that County School Boards post the position of County Superintendent for at least 30 days prior to making an appointment. The posting requirement would not apply to a reappointment or an interim appointment.

House Bill 4055 would create a compact between states for the protection and return of juvenile offenders, runaways, and other juveniles. The Governor of this state would be authorized and directed to execute a compact on behalf of the state of West Virginia with any other state or states to execute the compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles.

House Bill 4066 would increase certain County Clerk, Circuit Clerk, Assessor, Sheriff, Prosecuting Attorney and Magistrate Court fees and dedicate the fee increases to the Courthouse Facilities Improvement Fund. Other portions of the increased fees would go toward a special revenue account administered by the Executive Director of Public Defender Services to provide funding for private attorneys appointed to provide representation.

House Bill 4079 would establish a program to employ rehabilitative drug treatment instead of incarceration for most persons arrested for nonviolent drug offenses. There would also be created in the State Treasury a special revenue account which would be known as the “Substance Abuse Treatment Trust Fund”. The fund would consist of all appropriations to the fund and all interest earned from the investment of the fund and any gifts, grants or contributions received.

House Bill 4037 would provide for an appropriation of at least $8 million for alternative education programs. The ﬁrst $2 million would be distributed to the counties based on net enrollment and the remainder would be distributed to counties in competitive grants for pilot or innovative programs.

House Bill 4050 would transfer all powers and duties of the Public Energy Authority relating to bonding authority, including statutory responsibilities and contractual obligations related to outstanding bonded debt, to the State Treasurer.

House Bill 4059 would distribute the net terminal income of racetrack video lottery terminals from reduced distributions to the Tourism Development Fund to be deposited in the Development Office Promotion Fund and in the Higher Education Policy Commission’s Research Challenge Fund. This bill would also provide for uses and expenditures of such funds.

House Bill 4076 would require the Secretary of the Department of Health and Human Resources to consider a method to obtain Medicaid reimbursement to retail pharmacies for the cost of certain prescriptions in a dosage that is less than the smallest available package and there is a reasonable expectation that the remaining portion of the broken package cannot be sold.

In the Senate

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January 21, 2004

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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.