As of 4 p.m., Wednesday, January 23, 2008 the 14th day of the 78th Legislature, 787 bills have been introduced in the House of Delegates. Of these, a total of six have passed the House and will go to the Senate for its consideration. Some of the bills passed this week include:
House Bill 2020 would require mine operators to post notice of hazardous chemicals and lead exposure to their employees. The bill would also require the Director of Miner’s Health, Safety and Training to adopt a list of these hazardous chemicals and to also compile safety information about these substances. Those in violation of this bill would be charged with a misdemeanor and fined not less than $100.
House Bill 2104 would ensure a victim’s right to testify in the sentencing of a criminal case. Currently, victims have the right to give a victim impact statement prior to a sentencing after receiving notice of the date for sentencing. This bill would call for the courts to postpone a sentencing hearing in the event that the victim has not been given proper notice. The prosecuting attorney or assistant prosecuting attorney is responsible for providing a victim with proper notice. However, if a victim is given proper notice and still fails to make known to the court their desire to testify, the judge has the ability to continue on with the sentencing hearing process.
House Bill 2402 would prohibit a person from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle. This bill also sets out a detailed definition of “impersonation.”
House Bill 2503 would allow West Virginia citizens to possess both a Division of Motor Vehicles issued identification card and a valid West Virginia driver’s license, which is not allowed under current law.
House Bill 4010 would remove term limitations for members on the board of library directors. Currently, the term limit is two consecutive terms.
A Sampling of Bills Introduced In the House
House Bill 4089 would call for the redistricting of the House of Delegates. Currently there are 58 districts in West Virginia, some with one representative, some with multiple. This bill would redistrict the House into 100 districts, each with one representative. This redistricting would go into effect after the 2010 census.
House Bill 4093 would establish the Special Aircraft Property Valuation Act, which states that the value of an aircraft owned or leased by commercial airlines, charter carriers, private carriers, private companies or private firms, for taxation purposes, would be its salvage fee. A county assessor would determine whether or not an aircraft is subject to this act.
House Bill 4094 would provide compensation for state agencies. Any employee that receives job, educational or professional development training courtesy of the state would have to repay those expenses upon terminating employment with the state.
House Bill 4095 would create the West Virginia Global Warming Impact Commission. The purpose of this committee would be to study the impact of global warming on the state of West Virginia. The commission would consist of two members from the Senate, to be appointed by the President, and two delegates appointed by the Speaker. Seven members of the public who have expertise in climatology, West Virginia’s economy, land management or maintenance of natural resources and tourism industries would also serve on this committee. The President of the Senate and the Speaker of the House would jointly appoint these public members.
House Bill 4097 would provide retention salary increases for Division of Corrections and Division of Juvenile Services employees. These salary increases would be based on how long an individual continues service with a particular division. On July 1, 2008, every employee that has worked in these divisions for two continuous years would receive a raise of $1,000. When an employee has worked for five consecutive years, he or she would receive another $1,000 raise as well as an additional $1,000 raise every three years thereafter.
House Bill 4102 would prevent parents and guardians from allowing violent sex offenders and registered child abusers access to their children. To do so would be considered a form of child abuse under this bill. The exception would be if a parent or guardian couldn’t avoid contact with one of these individuals because that individual is a family member.
House Bill 4105 would limit the per diem rate in regional jails. If an inmate were not in jail for at least 24 hours, the charge would be one half of the per diem rate.
House Bill 4108 would allow county school boards to establish a four-day school week. To ensure that schools meet the 180-day-a-year requirement, school hours would be increased. Prior to implementing this four-day week, the board would consider what is best for the students, the length of the school day, the amount of time spent on a school bus each day and concerns from parents. This bill would also give boards of education the discretion to use the school building for community-based organizations that hold student support programs on the fifth day of the week. The board would also be able to request a fee from these organizations for the use of the school building.
House Bill 4118 would authorize and encourage the Alcoholic Beverage Control (ABC) Commissioner to enter into agreements of cooperation with law enforcement. This cooperative relationship would aid in the investigation and enforcement of laws regarding the sale of alcohol. This bill would also allow the Commissioner to enter any establishment with a liquor license, as long as it is a reasonable time of day, to determine if its in compliance with state liquor laws.
House Bill 4120 would forbid persons bringing about personal injury or wrongful death actions from including specific dollar amounts in figures related to the damages in those complaints. However, any defendant in one of these actions would have the right to request a written statement declaring the damages sought.
House Bill 4124 would add CPR and First Aid training to the health education curriculum in high schools. This bill would apply to public, private and denominational schools. Curriculum requirements for these courses would be adopted by the state Board of Education after consulting the Department of Health and Human Resources.
House Bill 4139 would allow individuals with impaired vision to obtain a Class G driver’s license. This license would allow vision-impaired individuals to operate a motor vehicle with the assistance of a bioptic telescopic device. These newly licensed drivers would have to complete a series of tests and training prior to being allowed to drive on the roads without an instructor. They would also be required to have an annual vision exam.
House Bill 4142 would call for increased efforts to track individuals who use prescription drugs for reasons other than the intended use. The bill would require pharmacists to conduct inquiries through the West Virginia Board of Pharmacy’s Prescription Monitoring Database on all patients receiving controlled substances in an effort to reduce duplicate prescriptions from multiple physicians.
House Bill 4155 would give all teachers, school service personnel and retired teachers a 6 percent salary raise. This salary raise would go into effect on July 1, 2008.
Currently, no fossil has been designated as the official fossil for the State of West Virginia. However, there are Concurrent Resolutions circulating in both Chambers of the Legislature which seek to designate a state fossil, the Megalonyx Jeffersonii or Jefferson’s Ground Sloth, in honor of President Thomas Jefferson. See House Concurrent Resolution 12 and Senate Concurrent Resolution 29.
