Blog – Page 400

In the Senate

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January 28, 2004

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.

State Lawmakers to Tackle Budget Concerns

Jessica Stanton

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January 21, 2004

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State Lawmakers to Tackle Budget Concerns

As the regular session gains momentum, state legislators are engaged in a brimming legislative agenda – one that will likely entail many substantial issues, including the considerable ﬁscal challenges tied to the budget. West Virginia is projected to have a $120 million shortfall in a budget of $3.2 billion, making this one of the most challenging budgets in recent years. West Virginia is not alone in this plight. Although the national economy seems to be on an upswing, many states are still operating on tight budgets and exploring options to secure monetary stability for the future. To ﬁll West Virginia’s ﬁnancial void, Governor Wise, during his ﬁnal State of the State Address, proposed a balanced budget with revenue enhancements and budget cuts for state agencies. Most branches were asked to reduce spending by 9 percent, while higher education’s budget was asked to cut 2.5 percent. The State Police, prisons, senior citizens, children’s healthcare, public schools and scholarships were excluded from these spending reductions in the Address. According to the State Constitution, West Virginia is required to have a balanced budget. As such, lawmakers may adopt the Governor’s tax suggestions, choose to increase revenues, or decline the Governor’s proposals. Unlike the federal government, West Virginia cannot run on a deﬁcit. Although this task is demanding, balancing the state’s budget is imperative to secure and maintain adequate educational programs, increase the availability of healthcare and implement economic development initiatives to attract businesses to West Virginia. The Legislature is currently working on various legislation to bring revenue to the state and enhance the economy. These initiatives include expanding tourism development, establishing a statewide trail coordinator, providing a tax credit to small businesses and creating a tax credit to foster the development of businesses started by West Virginians. In addition to the budget, many other important issues are on lawmakers’ legislative agendas. During the ﬁrst week of session, the Senate considered and passed a bill allowing for the drunken driving threshold to be lowered from 0.10 blood alcohol content to 0.08. Presently the House is working on its version.
Until a bill goes into effect, West Virginia remains one of only ﬁve states that has not made this change since Congress established 0.08 as the national standard in 2000. For states to maintain federal highway funding, Congress required all states to conform to this standard by 2004. With the passage of a bill, West Virginia could regain the $2.62 million in highway funds lost last year. Another focus issue on lawmakers’ calendar is All-Terrain Vehicle (ATV) safety, which has fallen short of legislative approval in past years. This is being addressed through various pieces of legislation currently under consideration. The different versions contain provisions relating solely to younger operators and other basic safety measures relating to any individual driving an ATV. Other issues under close review include tort reform, insurance fraud, prescription drug costs, clean elections, water resource management and gambling advertisements. Comparable to the 2003 session, this year has started off on a rapid pace – with the House introducing more that 600 carryover bills from last year, making the total number of bills being considered by this chamber over 700. While the Senate does not allow bills to carry over from year to year, currently more than 250 bills are being reviewed in committee.

Vol. XV Issue 1

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January 21, 2004

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Vol. XIV Final

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March 17, 2003

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Vol. XIV Issue 8

Cheyenne DeBolt

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March 5, 2003

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Completed Legislation

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March 5, 2003

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House Bill 2077 removes the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of its patients. The Colin Anderson Center, a state mental health hospital and facility, was closed December 31, 1996, and its patients were either transferred or deinstitutionalized. Current State Code directs the Secretary of the Department of Health and Human Resources to submit monthly reports to the Legislature’s Joint Committee on Government and Finance pertaining to the placement and monitoring of all residents transferred from the Colin Anderson Center.

House Bill 2778 continues the West Virginia State Police until July 1, 2004. The West Virginia State Police are responsible for state law enforcement involving both criminal and trafﬁc activity including crime scene investigation, trafﬁc crash investigation, court testimony, report writing, etc. and to provide efﬁcient police service to the citizens of West Virginia.

House Bill 2803 would allow the Board of Barbers and Cosmetologists to continue until July, 1 2008. The Board regulates the barbering and cosmetology professions.

House Bill 2094 regulates the release of ﬁsh, water animals and other aquatic organisms into the waters of West Virginia. This measures makes it unlawful to release any ﬁsh, water animal or other aquatic organism into the public waters of this state without first obtaining a permit from the Division of Natural Resources. However, the bill allows the release of trout originating in West Virginia or imported as long as the imported trout meet the disease free certiﬁcation requirements set forth by state code. Additionally, bass which meet the disease free certiﬁcation requirements may also be released without a stocking permit.

House Bill 2301 provides, through a maintenance bond, funding for necessary care of animals seized because of allegations of neglect. Under this bill, owners whose animals are seized must post a maintenance bond within ﬁve days for the reasonable and necessary care of their animal pending a hearing.

House Bill 2359 allows 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 a 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 ﬁre insurance be deposited in that account.

House Bill 2500 clariﬁes that courts may continue orders of protection in relation to domestic violence while certain court proceedings are pending. The bill allows this continuation of an order of protection during the pendency of divorce, separate maintenance or annulment.

House Bill 2556 requires the Insurance Commissioner to issue an annual communication to state and local governmental entities and nonprofit organizations to increase awareness of certain ﬂood insurance issues. The bill ensures state and local governmental entities and nonproﬁt organizations are aware of the 1988 amendments to the federal Robert T. Stafford Emergency Assistance and Disaster Relief Act. This Act imposes penalties in the form of reductions in Federal Emergency Management Agency (FEMA) disaster relief funds on public entities who fail to purchase adequate ﬂood insurance on all property located in identiﬁed ﬂood hazard areas. It also considers the magnitude of risk exposure and potential ﬁnancial loss that may result from these penalties and makes these entities aware that low-cost, federally subsidized ﬂood insurance may be available through the National Flood Insurance Program (NFIP).

House Bill 2696 removes certain limitations on the Commissioner of Agriculture to increase fees of certain services. Current law states that fees can only increase to double the amount established in 1984. This measure removes this requirement and allows the Commissioner to establish and propose legislative rules pertaining to the increase of fees.

House Bill 2870 speciﬁes the jurisdiction of the Public Service Commission (PSC) over certain described electric generating facilities. The measure requires persons, corporations and other entities that intend to construct and operate electric generating facilities, or that intend to make or construct material modiﬁcations to obtain a siting certificate from the PSC, in lieu of a certificate of public convenience and necessity. The bill also allows the PSC, under specified circumstances, to seek the imposition of civil or criminal penalties.

House Bill 2965 allows any state agency which utilizes the services of a dog or horse to transfer ownership of the animal to any person, handler or state agency who wishes to adopt it, including placement in a humane society. The bill also notes that the transfer of the animal shall be accompanied by documentation that holds the state harmless from liability.

House Bill 3019 allows the Legislature to declare certain moral obligations and claims against state agencies and pay of these claims with public monies. The totals, as to type of funds and amounts of awards in the bill, are: General Revenue Funds – $6,196,672.92 Special Revenue Funds – $902,865.01 Federal Revenue Funds – $4,147.61 State Road Funds – $700,257.01.

Senate Bill 205 modiﬁes the criminal intent requirement for animal cruelty crimes and increases the ﬁnes. Additionally it creates a felony offense for intentionally torturing or maliciously killing animals and it mandates persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony.

Senate Bill 390 removes the requirement that a person’s Social Security Number appear on a commercial driver’s license (CDL). However, the license will 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 authorizes the Real Estate Commission to enter into license reciprocity agreements with other states. The bill permits the Commission to make additional education requirements for out-of-state licensees who work within West Virginia. A reciprocity agreement will allow West Virginia to recognize the licenses of another jurisdiction with similar licensing requirements and could stipulate that the other jurisdiction recognize the licenses of this state.

Senate Bill 447 allows the Director of Natural Resources to enter reciprocal agreements with the state of Ohio in regard to hunting and ﬁshing on tributaries of the Ohio River. The bill states that residents of the state of Ohio who carry valid Ohio hunting or fishing licenses may hunt waterfowl or ﬁsh from the West Virginia banks, tributaries and embankments of the Ohio River without obtaining West Virginia state licenses to do so provided that the state of Ohio ﬁrst enters into a reciprocal agreement with the Director of the West Virginia Division of Natural Resources extending a like privilege to West Virginia citizens.

Senate Bill 461 will update the section of the West Virginia Corporation Net Income Tax Act which brings terms in that Act into conformity with Federal terms for Federal Income Tax purposes.

Senate Bill 462 will update the West Virginia Personal Income Tax Act by bringing the terms into conformity with their meanings for Federal Income Tax purposes.

Senate Bill 166 continues the Oil and Gas Inspectors’ Examining Board until July 1, 2009. The Oil and Gas Inspectors’ Examining Board’s responsibilities include promulgating rules relating to the examination, qualiﬁcation and certiﬁcation of candidates; conducting examinations of candidates; preparing and certifying a register of qualiﬁed eligible candidates for appointment as oil and gas inspectors; and, hearing and determining discipline proceedings of inspectors and supervising inspectors.

Senate Bill 282 continues the Division of Motor Vehicles (DMV) until July 1, 2004. The DMV is a division of the West Virginia Department of Transportation and provides driver information and education through its 19 regional ofﬁces.

Senate Bill 283 continues the Public Service Commission (PSC) until July 1, 2008. The PSC supervises and regulates the rates, services, operations and most other activities of all public utilities and many common and contract motor carriers of passengers and property within West Virginia, as well as processes and acts on petitions ﬁled by these regulated entities. The Commission also acts upon complaints against utilities and common carriers.

Senate Bill 284 continues the Division of Purchasing within the Department of Administration until July 1, 2004. The Division of Purchasing was created for the purpose of establishing centralized ofﬁces to provide purchasing, travel, and leasing services to the various state agencies. Also, the Purchasing Division offers many other services to state agencies, political subdivisions, and the vendor community, including, but not limited to: acquisition and contract administration; surplus property program; fleet management; travel management; Capitol parking; purchase order encumbrance; and, inventory management.

Senate Bill 415 continues the Environmental Quality Board until July 1, 2005. The Environmental Quality Board issues rules that set the water quality standards for West Virginia’s surface and ground waters and has the authority to grant a variance from these water quality standards for remining activities. Also, the Environmental Quality Board listens to appeals regarding the issuance or denial of permits, permit conditions, or enforcement actions rendered by the WV Department of Environmental Protection’s Division of Water Resources and Division of Waste Management.

Senate Bill 417 continues the Commission for the Deaf and Hard-of Hearing until July 1, 2005. serves as a communication bridge between hearing persons and those who are deaf or hard of hearing. The Commission works toward an environment in which deaf or hard of hearing West Virginians of all ages have an equal opportunity to participate fully as active, responsible, productive and independent citizens of the state.

Senate Bill 469 continues the Contractor Licensing Board until July 1, 2006. The Board regulates the minimum qualifications for applicants for examination and license in each of the following specified classes of contractor: Electrical contractor; General building contractor; General engineering contractor; Heating, ventilating and cooling contractor; Multifamily contractor; Piping contractor; Plumbing contractor; Residential contractor; and, Specialty contractor.

Senate Bill 470 continues the Board of Manufactured Housing Construction and
Safety until July 1, 2005. This Board handles the administration and enforcement of the federal standards and is charged with the adoption, administration and enforcement of manufactured home construction and safety standards.

Senate Bill 471 continues the West Virginia Board of Pharmacy until July 1, 2008. The Board, regulates the employment of licensed interns, appoints inspectors and regulates the practice of pharmacy generally in the state.