Page 385 – Wrap Up

Completed Legislative Action

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February 28, 2007

(Week of February 21-28, 2007)

Senate Bill 96 will allow fire departments to use flashing yellow or amber lights on their vehicles for the purpose of safety. This bill also stipulates which vehicles are permitted to use red flashing lights, the list includes: ambulances, fire-fighting vehicles and hazard material response vehicles, among others.

Senate Bill 148 will exempt breast-feeding in public from being considered indecent exposure.

Senate Bill 169 will require that insurance companies obtain the title to a totaled vehicle when they pay a claim to the claimant in question. The bill also updates the definition of a totaled vehicle to include damage particular to flooding.

Senate Bill 412 establishes penalties for minors using cell phones while driving. The first transgression will result in a fine of $25; the second, $50; and from the third on, $75.

Senate Bill 591 will set the monetary allowances for the State Road Fund to the Department of Transportation for Fiscal Year 2007.

House Bill 2791 will eliminate jail time as a penalty for violating a peace bond, which is an agreement between a defendant and a judge that the defendant will refrain from threatening or harassing another person. A defendant who fails to keep the peace can be fined up to $250, or if he or she is unable to pay the fine, the judge can order that the defendant’s property be seized.

These bills now will go to the Governor for his consideration.

The Great Seal: A Symbol of West Virginia Sovereignty

Rachel Sargent

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February 28, 2007

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The Great Seal: A Symbol of West Virginia Sovereignty

Speaker Thompson and President Tomblin — The House and Senate Chambers Speaker of the House Richard Thompson and Senate President Earl Ray Tomblin are shown in their respective chambers where the Great Seal of West Virginia is proudly displayed behind the podiums. Both seals were commissioned by C.A. Blankenship during his tenure as Clerk of the House of Delegates, April 1954 – December 1982. In 1995, current House Clerk Greg Gray added a hand carved relief by master woodworker Frank Inesso of Pittsburgh, Pa to the seal in the House Chamber. photos: Martin Valent The Constitution of West Virginia, Article 2, Section 7, provides that: “The present seal of the state, with its motto ’Montani Semper Liberi,’ shall be the Great Seal of the State of West Virginia, and shall be kept by the secretary of state, to be used by him, officially as directed by law.”

The West Virginia State Seal symbolizes the history and foundation of our state. West Virginia entered into the Union on June 20, 1863, and shortly after, on September 26, 1863, the Legislature adopted the joint resolution that made the state seal official.

The Great Seal of West Virginia promotes the state’s natural resources, economic potential and the resolve of its people through the symbols. The front, or obverse, side of the seal is centered around a large boulder meant to symbolize the strength, steadfastness and stability of the state and its citizens. Etched in the stone is the date “June 20, 1863” and in front of the boulder are two hunter’s rifles with a Phrygian cap, or cap of liberty, resting at the cross of the rifles. The liberty cap is also featured on the state seals of New Jersey and New York, as well as the official seals of the U.S. Army and United States Senate.

There are two men on either side of the boulder, each representing an important facet of the state’s economy. A farmer, promoting agriculture, stands with his ax and plow before a cornstalk while a miner, personifying industry, shoulders his pickax before an anvil and sledgehammer.

Bordering the Great Seal, the words “State of West Virginia” and the state’s motto “Montani Semper Liberi”, a Latin phrase meaning “Mountaineers Always Free”, express the independent spirit inherent in all West Virginians.

The reverse side of the state seal serves as the Governor’s Official Seal. The seal has a wreath border composed of laurel and oak leaves, signifying valor and strength as well as fruits and grains, which are prominent agricultural products of the state.

Presiding over the pastoral vista of wooded hillsides and farm animals below, the words “Libertas E Fidelitate” (Freedom and Loyalty) recall our state motto while imbuing the scene with a sense of pride and accomplishment represented by the artist’s rendering of the Baltimore and Ohio Railroad, one of the greatest engineering triumphs of its day.

The man behind the seal is Joseph H. Diss Debar, a French native who became an influential pioneer for the state of West Virginia. Diss Debar was born on March 6, 1820, in Strasbourg, France. He came to the United States in 1842 and moved to Parkersburg, WV, in 1846 to work as a land agent. Diss Debar resided in Parkersburg and St. Clara, a Doddridge County Swiss-German immigrant colony he founded and named for his wife, Clara Levassor.

Shortly after achieving statehood, West Virginia’s first Legislature created a committee to oversee the formation of a state seal. Peter G. Van Winkle, head of the committee, appointed Diss Debar to prepare drawings for an official seal for the state. Diss Debar submitted a variety of drawings and sketches accompanied with explanations of each to the Legislature. From these drawings, the House of Delegates approved the concept with only a few changes on September 23, 1863, and three days later the Senate approved what is now the Great Seal of West Virginia.

Diss Debar continued working in state government by representing Doddridge County as a member of the House of Delegates in 1864. That same year he was appointed by Governor Arthur Boreman to serve as the first Commissioner of Immigration, where he worked to recruit labor and landowners from abroad.

Joseph Diss Debar died on January 13, 1905, at the age of 84 in Philadelphia. However, his imprint remains through the proliferation of his contribution prominently displayed on all official state documents, both legislative chambers and the state flag.

In the Senate

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February 21, 2007

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As of 4 p.m. Wednesday, February 21, 2007, the 43rd day of the 2007 Regular Session, 745 bills have been introduced. Of those, 88 have been passed the Senate and will now go on to the House for its consideration. They include:

Senate Bill 68 would allow the Director of the Office of Miners’ Health, Safety and Training to take into account a coal mine’s failure to comply with previous warnings when deciding whether to issue an order to shut down the mine for reasons of there being an “imminent danger.” The bill also limits the use of “belt air” as mine ventilation and requires the inspection and review of mines that currently use it.

Senate Bill 76 relates to establishing underage drinking as an unlawful act rather than a status offense. Buying alcohol while underage would result in a misdemeanor and may result in a fine of $50 and possible jail time of 72 hours. Anyone who buys alcohol for a minor would be fined up to $100 and be jailed up to 10 days.

Senate Bill 116 would clarify state voyerism laws, and would exempt law-enforcement officers during a criminal investigation and lawful security surveillance.

Senate Bill 177 would create a new Division of Energy in the Department of Commerce. It would also require the Public Energy Authority to develop a five-year energy policy plan to be presented to the Governor and the Joint Committee on Government and Finance before December 1, 2007.

Senate Bill 204 would require magistrate court judges to assess the cost of juries (for the total of their embarkment, mileage, etc.) at their actual cost rather than current the flat rate of $200.

Senate Bill 219 would prohibit smoking in a motor vehicle when those under 14 years of age are present. This would only be a secondary offense, meaning someone could not be pulled over for the infraction, but found to have transgressed only after having been pulled over for another reason.

Senate Bill 387 This bill provides that an honorably discharged veteran may not be denied the opportunity to have a bronze military grave marker placed on his or her gravesite.

Senate Bill 395 would modify the definition of “intractable pain” (meaning difficult to manage) in the law so that it would come into accordance with the one recommended by the Federation of State Medical Boards. This definition change is already being used by the W. Va. Board of Medicine and the Board of Osteopathy in their policies pertaining to the use of controlled substances to manage pain.

Senate Bill 399 relates to the issuance of drivers’ licenses. Any driver’s license given up upon relocating to another state must be destroyed and the original state must be notified. For an instruction permit, the applicant must pay five dollars to take the written test and may re-take it up to two times. The organ donor option section would also be provided in this section. This bill also states that a level one instruction permit holder, 18 years of age and younger, may not use a wireless communication device while driving unless contacting a 911 system. Penalties range from a $25 first offense, to a $75 maximum fine.

Senate Bill 411 relates to the founding of the West Virginia Correctional Center Nursery Act. The center would allow imprisoned pregnant women to keep their infants with them in a special housing unit. In order to be eligible to participate in the program the inmate must be pregnant at the time she is delivered into the custody of the Division of Corrections, give birth on or after the date the program is implemented and she and the child must meet any other criteria established by the division.

Senate Bill 414 would raise the fees charged by circuit clerks for various services, such as garnishing a person’s salary and executing the seizure of one’s property to provide the payment of a legal judgment.

Senate Bill 489 relates to the duties of the Workforce Investment Council in the development of a strategic five-year state workforce investment plan that would attempt to establish a public agenda with goals of promoting the success of the state. This would attempt expressly, among other things, to find jobs for PROMISE scholars in West Virginia.

Senate Bill 530 would allow political parties to authorize a voter who is not a member of a political party (i.e. an independent), or not affiliated with any party appearing on the general election ballot to vote in the party’s primary election.

Senate Bill 603 relates to the 21st Century Schools Technology Initiative and would replace and enhance current technology used in the state’s classrooms. This bill would bring technology in public schools up to date with that which is now available across the country.

In the House

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February 21, 2007

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As of 4 p.m., Wednesday, February 21, 2007, the 43rd day of the 2007 Regular Session, 1,163 bills have been introduced in the House of Delegates. Of those, 59 have passed the House and will now go to the Senate for its consideration. They include: House Bill 2206 would prohibit a person who is not the owner of a dog from removing a dog’s tag or collar without the permission of the owner, as well as forbid a person from turning off a radio-transmitting collar. The only exceptions to this provision is if the tag or collar must be removed to prevent injury to the dog or if it is removed by a law enforcement officer for a legitimate lawful purpose. Violation of this law would be a misdemeanor offense, punishable by eight to 40 hours of community service and/or a $50 to $150 fine.

House Bill 2575 would modify current law relating to Commercial Driver’s Licenses (CDL) to comply with federal law. The Division of Motor Vehicles (DMV) would be responsible for imposing civil penalties on any employer who permitted a driver to operate a commercial motor vehicle that is out-of-service, and if found in violation the employer would be fined $2,750. The new provision would decrease the period of suspension from 90 days to 60 days for driving a commercial motor vehicle without holding a valid commercial license, operating a commercial motor vehicle while the license is suspended, or operating an “out-of-service” vehicle. In addition, the DMV would immediately disqualify a driver’s privilege to operate a commercial motor vehicle upon notice from the Assistant Administrator of the Federal Motor Carrier Safety Administration that the driver poses an imminent hazard. Under this bill, the DMV Commissioner would be authorized to suspend or revoke the CDL of any person who is convicted of an offense in another state that would have been grounds for a suspension or revocation in West Virginia. An employer would also be liable for an infraction of federal, state or local regulations pertaining to railroad highway grade crossings, and upon conviction he or she would be required to pay no more than $10,000.

House Bill 2745 would increase the maximum fine for providing alcohol to a person under 21 years old from $100 to $250.

House Bill 2825 would eliminate an antiquated provision in state law that allowed private clubs to segregate on the basis of race or color and still obtain a license to sell alcoholic beverages.

House Bill 2956 relates to civil actions filed in state courts and would amend two sections of state law relating to the legal power of out-of-state plaintiffs. The bill would give plaintiffs a diminished ability to try their case within the state when the basis for the lawsuit does not directly pertain to West Virginia. The burden of proof is placed on the defendant to show that a West Virginia court is not the proper location to pursue that lawsuit. The state could be inappropriate for reasons such as: lack of access to sources of evidence, proximity of witnesses, need to view a property and other factors that precipitate an expedient discovery phase and civil trial.

House Bill 2718 would allow each of the four counties with racetracks (Jefferson, Kanawha, Ohio, and Hancock) to elect whether or not to allow table games at those existing locations.

House Bill 2972 would enforce a requirement that voters fill in a separate area on an electronic voting ballot if he or she is also going to write-in a candidate. Ballots that do not have the separate marking for a write-in candidate would no longer be counted in an effort to lessen the need for county commissioners to inspect each ballot.

House Bill 2955 would continue a flat-rate excise tax on motor fuel at approximately 20 cents per gallon until August 1, 2013.

House Bill 2875 would modify the procedure for filling a vacancy on a county commission in the event that the commissioners cannot agree on a candidate. Currently, the commissioners must decide who will fill the seat and in the event that a quorum cannot agree on a candidate within 60 days, each county commissioner would write the name of a nominee from the same political party as the vacated seat to be submitted and drawn out of a container by the Chief Justice of the County’s Circuit Court; with the chosen candidate becoming the appointed county commissioner. Under the bill, the decision would have to be made within 30 days from when the seat is vacated, and if the commissioners cannot agree, the county executive committee of the vacating county commissioner’s political party would choose the replacement from within their membership.

House Bill 2544 would increase the penalty for causing death by driving under the influence from one-to-10 years to three-to-15 years in a state correctional facility.

House Bill 2804 would eliminate the timetables that are set up to monitor various stages of utility relocations for highway projects and place the responsibility and costs on the utility company for failure to comply with proper removal notices. Under the bill, the Division of Highways would be required to reimburse utility companies for subsequent relocations due to plan changes after a project has begun construction and would authorize meetings between the Division of Highways and utilities to maintain schedules.

House Bill 2933 would exempt from current nursing licensing provisions the care of the sick when done in connection with the religious beliefs of a church or other spiritual organization at the request of the afflicted recipient. To qualify, treatment must be given in the recipient’s home or at a non-medical healthcare institution.

House Bill 3117 would clarify that a person cannot submit a bid to perform work as a contractor with the state of West Virginia unless he or she has a state contractor’s license.

Completed Legislation

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February 21, 2007

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(Week of February 14-21, 2007)

Senate Bill 142 will provide a penalty for illegally possessing, possessing with intent to distribute or distributing iodine crystals or an iodine matrix at a concentration greater than two percent in order to deter illegal drug activity. The provision will not apply to legitimate use by public or private primary and secondary schools, institutions of higher education and licensed veterinarians or health care facilities. It also will not prohibit the transfer or receipt of any betadine or povidone solution with an iodine content that does not exceed 10 percent in containers of eight ounces or less or any concentration of iodine that does not exceed two percent in containers of one ounce or less that is sold over the counter, so long as these solutions are used solely for their intended common household use. The maximum penalty for violating this provision is a $10,000 fine.

House Bill 2120 will set minimum standards for candidates for municipal judge. These candidates will have to submit to a criminal background check by the State Police. The candidate will have to pay all costs associated with the check. If the background check reveals convictions for certain misdemeanors and/or felonies, the candidate will be deemed ineligible. The bill will also require municipal judges who are not licensed attorneys to attend continuing education classes.

House Bill 2285 will update the meaning of federal adjusted gross income and other terms used in the West Virginia Personal Income Tax Act. This will apply any changes made to the federal Internal Revenue Code in 2006 to the state code. Such bills are passed annually to explicitly keep state tax laws up-to-date.

House Bill 2314 will update the meaning of several definitions related to the state’s corporate net income tax. This will apply any changes made to the federal Internal Revenue Code in 2006 to the state code. Such bills are passed annually to explicitly keep West Virginia tax laws up-to-date.

House Bill 2917 will eliminate the requirement of accelerated payments of the consumer sales and service tax and personal income withholding tax for the last month of the fiscal year. Currently, taxes due by certain businesses for the first 15 days of June have to be paid by June 23; taxes for other months are due during the next month. The bill will remove the accelerated payment requirement starting in July 2007.

These bills now will go to the Governor for his consideration.

Legislature Shows Appreciation for West Virginia Veterans

Amanda Campbell

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February 21, 2007

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Legislature Shows Appreciation for West Virginia Veterans

Veterans Memorial The West Virginia Veterans Memorial is a distinguished, oval-shaped monument located within the State Capitol Complex. The memorial includes four figures representing the four major 20th century battles, one figure for each branch of the military. The memorial, created by Joe Mullins, was completed with the installation of the final sculpture in 1999. photos: Martin Valent

When Virginia Link graduated nursing school from the McMillan Hospital School of Nursing in Charleston in April of 1942, she may not have known the life she was soon to lead. Link was eager to become a nursing instructor after graduation, but instead she joined the Army Nurse Corps in July 1942.

After Link received her training at Fort Knox, she volunteered for overseas duty and was soon deployed to Northern Africa to serve as a World War II nurse. As one of 233,985 West Virginians to serve in World War II, Link died in an automobile accident in September of 1943 defending America’s freedom on foreign shores.

Virginia Link’s sacrifice epitomizes a proud state that, per capita, has had more citizens serve in the Armed Forces than any other and one that is home to five veterans’ affairs (VA) hospitals, seven VA clinics, eight special programs, a veterans’ nursing home and a Veterans’ Council. Each year, this brave and noble sector of society known as veterans is honored by the Legislature. This session, February 19 was deemed Veterans’ Visibility Day by the Senate and House under separate resolutions.

Over the years, the West Virginia Legislature has created many laws to improve the welfare of veterans. Five veterans’ bonus amendments to the state constitution have been ratified over the years, highlighting the importantance of recognition and compensation for those who served our country in times of war.

West Virginia has 58,053 World War I veterans and 233,985 World War II veterans. Ratified in 1950, the first Veterans Bonus Amendment provided a bonus for veterans who served in either of the World Wars. A veteran serving in the continental United States could receive $10 for each month served, those serving abroad could receive $15 per month served.

West Virginians have been able to receive bonuses for serving in other wars too. The state had approximately 112,000 residents that served in the Korean Conflict and 36,000 that served in the Vietnam War. The Legislature has created veterans bonuses for those wars as well.

The only bonus that can still be claimed is the Veterans Bonus Amendment for Kosovo, Afghanistan and Iraq, which was ratified in 2004. Certain time periods apply for this bonus, but this amendment applies to anyone who served on active duty during those periods. However, for Kosovo and Afghanistan, a veteran must have received a campaign badge or expeditionary medal for his or her service. The veteran receiving the bonus must have been a resident of West Virginia for at least six months prior to enlisting and must have been honorably discharged from service. The bonus is $600 for veterans inside the combat zone. Veterans who did not serve inside the combat zone in Iraq and Afghanistan are eligible for a $400 bonus. The bonuses are limited to one per person.

Legislative assistance for state veterans has stretched beyond these bonus amendments. In 2005, there was a growing difficulty to find someone to play “Taps” at military funerals. Many groups, such as the Veterans of Foreign Wars, the American Legion and Buglers Across America, agreed it was a problem across the state and the nation. In response, the Legislature passed House Bill 2286, which serves as an incentive for students to assist with “Taps”. Now students are being encouraged to learn to play “Taps” and in return receive community service credit for playing at military funerals.

Due to the large number of veterans in West Virginia, a quality veterans’ nursing home was crucial to provide nursing care to those who had served. During the 74th Legislative Session, Senate Bill 1005 was passed to authorize the sale of revenue bonds so the state could fund 35 percent of shared construction costs for a veterans’ nursing home. A lottery scratch-off game also was created to fund a portion of the nursing home. Located in Clarksburg, the nursing home broke ground in 2003. The construction of the building is complete and is currently in the final stages of inspection.

While bills and bonus amendments were passed to give thanks to the men and women who bravely served our country, the value of our Armed Forces goes beyond mere monetary expression. Serving and having served in conflicts past and present, these men and women have made sacrifices for our country that are sometimes taken for granted. However, our service persons’ greatest contribution is that they afford the rest of us the luxury of living lives free of the troubles they struggled to eradicate, a noble endevour worthy of recognition. That is why, beyond the financial support offered or the holidays celebrated, perhaps the greater thanks is to let these awards of merit and bravery act not as ends in themselves, but instead as continued reminders that, without what they have done, we very well might not be able to carry on what we do.

Vol. XVIII Issue 6

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February 21, 2007

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In the Senate

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February 14, 2007

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As of 4 p.m., Wednesday, February 14, 2007, the 36th day of the 2007 Regular Session, 594 bills have been introduced in the Senate. Of those, 11 have been passed this week and will now go to the House for its consideration. These are:

Senate Bill 6 would authorize boat safety checks by conservation officers. An officer would only be able to board the boat with the permission of the owner or operator or on the belief that a criminal activity is occurring on board.

Senate Bill 168 would allow consumer lenders to sell home and automobile membership plans to their customers. The purchase of the plan must be optional and cannot be a condition for the granting of a loan. The bill defines a home or automobile membership plan as including health coverage, property coverage, home security services, prepaid legal services and any other insurance services or benefits related to ownership of a home or automobile.

Senate Bill 178 would allow counties to increase their hotel occupancy tax. Currently, county commissions may assess up to a 3 percent hotel tax. This would increase the maximum tax to 6 percent. However, a public hearing would have to be held at least 10 days before the commission votes to increase the rate. The bill would also expand the possible uses for revenue created by the hotel tax; these new expenditures would include providing incentives for passenger air service within the state and providing emergency medical transport in certain areas.

Senate Bill 197 would remove any criminal or civil liability for individuals who are defending their home or automobile. If a person uses reasonable force to repel an intruder, he or she would not be liable for any injuries to that intruder. The bill does not provide such immunity for the use of booby traps, such as spring-guns.

Senate Bill 389 would define blue catfish as a game fish. The blue catfish is a species native to the Kanawha and Ohio rivers that the Department of Natural Resources is studying. By defining it as game, the bill would allow the state to regulate the fishing of this species.

Senate Bill 396 would authorize the Director of the Division of Natural Resources to exempt certain information from disclosure under the Freedom of Information Act. Specifically, site-specific data on certain rare plant or animal species and their habitats could be kept confidential as a way to protect the viability or existence of the species.

Senate Bill 398 would allow the Division of Motor Vehicles (DMV) to suspend or refuse to register vehicles of certain interstate motor carriers (i.e., large trucks and buses). The DMV would be able to do so if a motor carrier fails to provide a federal motor carrier identification number (USDOT number) or if the carrier’s authority to operate in interstate commerce has been suspended by the Federal Motor Carrier Safety Administration.

Senate Bill 405 would remove the requirement that a direct deposit authorization form or state employees go to both the state auditor and the treasurer. Instead, the bill would require only the auditor to approve the form. The bill also would allow the auditor to provide electronic notification of direct deposit transfers. However, an employee may opt out of the program and continue to receive written notification.

Senate Bill 428 would establish identity theft protections for consumers. Specifically, an individual would be allowed to place a security freeze on his or her credit report. Consumer reporting agencies would then be prohibited from providing that individual’s credit report without the person’s consent. These agencies would be allowed to charge up to a $5 fee for placing, removing or temporarily lifting the freeze. Even with a freeze in place, certain government agencies would still be allowed access to the credit report without consent (e.g., for the purposes of tax or child support enforcement).

Senate Bill 431 would regulate the use of agricultural lime, a common soil additive. The bill would bring the state code in line with standards set by the Association of Official Analytical Chemists International.

Senate Bill 542 would authorize the rule made by the Higher Education Policy Commission relating to West Virginia Higher Education Grant Program. The bill would also authorize the rule related to the Workforce Development Initiative Program made by the Council for Community and Technical College Education.

In the House

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February 14, 2007

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As of 4 p.m., Wednesday, February 14, 2007, the 36th day of the 2007 Regular Session, 1,074 bills have been introduced in the House of Delegates. Of those, 36 have passed the House and will now go to the Senate for its consideration. They include:

House Bill 2126 would exempt land-based finfish aquaculture facilities from certain sludge management requirements such as waste disposal.

House Bill 2498 would enhance the penalty for indecent exposure to a child under the age of 14. Any person who intentionally exposes himself or herself to someone under 14 years old for the purpose of sexual gratification could be convicted of a misdemeanor and would be fined up to $500 or sent to jail for up to a year. A second offense would make the person, if convicted, guilty of a misdemeanor and would be fined up to $1,000 and sent to jail for 30 days to 12 months. For a third and subsequent offense, the person would be guilty of a felony and would be fined up to $3,000 and imprisoned for one to five years.

House Bill 2578 would continue current mental health laws for group insurance plans that were set to end this March.

House Bill 2585 relates to the renewal of teaching certificates and permanent certification. Until a person qualifies for a certificate, any professional or first class certificate based on a bachelor’s degree could be renewed if it’s within five years from the date the certificate became valid.

House Bill 2781 relates to modifying the permitted length of school buses so that they may not exceed 13 feet, six inches.

House Bill 2787 would allow cooperation with the Secretary of State’s office in providing that victims of domestic abuse, sexual assault, or stalking are given a substitute mailing address. This bill would provide extra protection for the victim because the victim’s address would be kept private and not available to possible offenders.

House Bill 2789 would make available the expertise of former magistrate court clerks when current clerks are unavailable or their positions are otherwise vacant. This bill would also set stipulations for the compensation of their services.

House Bill 2791 would eliminate the jail penalty for violating a peace bond, which seeks to ensure good behavior. However, if the defendant violates the conditions of the bond, he or she may be fined $250.

House Bill 2204 would allow a retiring police officer to keep his or her revolver. Circumstances for retirement include termination given by the Chief of Police, 25 years of honorable service, or if the officer becomes disabled or mentally incompetent.

House Bill 2380 would add a new section to current law on the consumer sales and service tax, which would exempt the purchase of certain drugs, durable medical goods such as wheelchairs, mobility enhancing equipment and prosthetic devices from the consumers sales and service tax. These purchases are made through a health care provider, which is any person licensed to prescribe drugs intended for use in the diagnosis, cure, mitigation, treatment, or prevention of injury or disease in humans and any hospital, medical clinic or nursing home. These purchases are prescribed and used in the diagnosis, cure, mitigation, treatment, or prevention of injury or disease.

House Bill 2801, known as the “West Virginia Fire and EMS Survivor Benefit Act,” would provide a $50,000 death benefit to the families of both paid and volunteer firefighters and EMS personnel who are killed in the line of duty. Individuals who are both fire fighters and EMS personnel are eligible for only one death benefit payment. This benefit incorporates travel, which would include riding upon any apparatus owned or used by the fire or EMS department, or any other vehicle going to or directly returning from any place where the personnel had been participating in a work related action.

House Bill 2917 would eliminate the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that requires the accelerated payment of those taxes in June. This bill explains that on and after June 1, 2007 the payment requirement for taxes due on or before June 20th would be no longer effective.

House Bill 2989 relates to certain tax shelters used to avoid paying state income taxes. This bill clarifies when penalties would be imposed, determines when the tax shelter registration numbers could be filed with the tax commissioner and determines when tax shelter investor lists could be filed with the tax commissioner.

House Bill 2990 would make technical corrections to assure the proper collection of offset fees. The Tax Commissioner would be responsible for the collection of taxes, tax additions, penalties and interest.

House Bill 2991 would authorize the Tax Commissioner to conduct criminal record checks for prospective employees of the Tax Division. This would be conducted to determine if an applicant for employment in the state tax division is suitable. Criminal records checks would be administered through the Criminal Identification Bureau of the West Virginia State Police and a national criminal history check through the Federal Bureau of Investigation. The results of any criminal records or criminal history would be sent to the commissioner, who only could disclose that information if it is directly related to employment.

House Bill 2992 would decrease the health care provider tax imposed on gross receipts, which are the amounts received from patients, third-party payers or others, for nursing facility services. The nursing home provider tax would be decreased to five and one-half percent of the total gross receipts received by November 1, 2007.

Sunset Legislation
House Bill 2349 relates to the continuation of the Board of Registration for Sanitarians. This would be in effect until July 1, 2016.

House Bill 2574 would extend the term of the Board of Social Work Examiners. This would go into effect until July 1, 2017.

House Bill 2586 relates to the continuation of the Board of Veterinary Medicine. This would go into effect until July 1, 2017.

House Bill 2587 relates to the continuation of the Board of Optometry. This would go into effect until July 1, 2018.

House Bill 2800 would regulate the practice of Radiologist Assistants and govern the practice of medical imaging and radiation therapy. The West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners would be in effect until July 1, 2010.

Completed Legislation

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February 14, 2007

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(Week of February 7-14, 2007)

Senate Bill 139 will allow a circuit court or family court judge to deny a name change petition in certain cases. The judge will be able to deny the petition if the person is trying to change his or her name to avoid identification or arrest by any local, state or federal law enforcement. The judge must also find that all required information for the petition is correct before ordering the name change.

Senate Bill 205 will update current domestic violence protective orders to protect an individual who has filed a complaint against, among other things, threatening e-mails, phone calls and voice mails.

Senate Bill 360 relates to extending the time a local levying body may meet as a levying body. When a levy is placed on the ballot for consideration during a primary election, each local levying body may extend its time to meet as a levying body until June 1st of that year.

House Bill 2141 will raise the age at which a person may request to be excused from jury duty (due to age) from 65 to 70.

These bills now will go to the Governor for his consideration.