Page 386 – Wrap Up

Symbols of the Mountain State Resolved by Public Opinion

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February 14, 2007

Symbols of the Mountain State Resolved by Public Opinion

Lincoln Walks at Midnight “It is portentous, and a thing of state, that here at midnight, in our little town, A mourning figure walks, and will not rest, near the old court-house pacing up and down,” from the poem “Abraham Lincoln Walks at Midnight” by Vachel Lindsay on which the statue outside our Capitol is based.

On April 20, 1863, President Lincoln issued a proclamation through which, 60 days later, West Virginia would become a state, the only state born out of the armed conflict of the Civil War.

The cardinal, the black bear and the rhododendron are all symbols associated with the Mountain State, but as is the case with any expression as firmly connected with an entity as these are with West Virginia, their meanings and origins have perhaps been swallowed by their familiarity. But given some closer inspection, their histories may prove illuminating and curious.

The Legislature ultimately sings the tune in the adoption of trees, birds, animals and colors that have become the symbols of West Virginia. On the other hand, the people of West Virginia make the initial push for the consideration of these symbols as official state emblems.

Usually, citizens, organizations or schoolchildren, after researching particular symbols that they think are appropriate to represent their fine state, make a request for a resolution to be introduced. Once the residents show an interest in a new state emblem or symbol, polls of various groups are usually conducted, and the resolution is introduced with the recommendation from the poll.

Of course, some of West Virginia’s symbols are well-known throughout the state, but others are recent additions, not widely known, while others still may be downright obscure.

The state flower, the rhododendron, is our state’s oldest symbol. Actually a flowering shrub, it is most commonly seen with purple, pink and white blooms in the latter part of spring. The flower (also known as big or great laurel) was selected on January 23, 1903, by a joint resolution from both houses. The resolution was approved after the rhododendron beat the honeysuckle and wild rose by more than 15,000 votes in a poll of public schoolchildren from across the state.

Following the same process, college students, garden clubs, civic organizations, sportsmen clubs and bird study groups helped to officially name the sugar maple as the state tree and the cardinal as the state bird. The cardinal has been the state bird since a concurrent resolution was passed during the 1949 legislative session, after animal enthusiasts expressed an increased interest in state wildlife. The scarlet red male of this species is easily recognizable with its black eye mask and yellow beak with the females and young birds being harder to spot and showing a duller color in relation to the male bird. The cardinal was in competition for its title with 10 other birds including the robin, the tufted titmouse and the bluebird but led those birds by more than 11,000 votes.

Clay County is home to another of our state symbols, the golden delicious apple, which was developed in 1912 by Anderson Mullins of Porter Creek. Since 1972, apples, in general, were the state fruit until lawmakers specified that the yellow-freckled apple is West Virginia’s official state fruit during a legislative session in 1995.

Meanwhile, yellow is not only the color of the state fruit but is one of the two colors that were deemed symbols of West Virginia by Senate Concurrent Resolution 20 in 1963. The resolution declared old gold and blue to be the official colors of the state during the state’s centennial year, a fitting 100th birthday present.

West Virginia’s sportsmen selected the official state fish. A native West Virginia species, the brook trout, was almost unanimously voted during a poll conducted by the Division of Natural Resources (DNR). This trout is one of the most popular North American game fish, easily recognizable with its vibrant colors and known for being feisty in nature, perhaps mirroring the freedom loving Mountaineer spirit. Under House Concurrent Resolution 6 in 1973, the Legislature selected the brook trout over smallmouth bass, largemouth bass, musky and bluegill, the other choices in the DNR poll.

Although some residents of the state have not seen a black bear in the wild, it has been recognized as the state animal since March 6, 1973, following the results of a poll conducted by the DNR among teachers, students and sportsmen. The only species of bear native to West Virginia, black bear are most commonly found in the mountainous southeastern regions of the state.

During the 2004 legislative session, September 12 was proclaimed Monarch Butterfly Day. This is a day to commemorate and preserve the butterfly of the state, which was declared in March 1995 by Senate Concurrent Resolution 11. This butterfly is only seen in the state during certain parts of the year because these colorful insects follow annual migration patterns from the Mountain State to Mexico and back again.

One of the most unique (some might say bizarre) symbols is our state soil, Monongahela silt loam. West Virginia is one of only 19 states to have adopted an official soil. Senate Concurrent Resolution 5 was passed in 1997 after concerns for soil resources were rising in the United States. West Virginia has more than 100,000 acres of Monongahela silt loam, making it an easy choice as the official native soil of the state.

The most recent addition to the state’s menagerie of symbols is the honeybee. After many hours of debate, the honeybee was adopted, over the lady beetle, as the official state insect in 2002 by the Senate Concurrent Resolution 9.

These symbols provide the state’s residents with a distinctive bond and a way to identify with the region. They help distinguish the state of West Virginia and are a definitive source of pride for its citizens. Regardless of the research, lobbying and polls that lead to the adoption of symbolic representations of West Virginia, the symbols themselves stand as historic icons that help define the Mountain State.

Vol. XVIII Issue 5

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February 14, 2007

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Vol. XVIII Issue 4

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February 7, 2007

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In the Senate

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February 7, 2007

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As of 4 p.m., Wednesday, February 7, 2007, the 29th day of the 2007 Regular Session, 497 bills have been introduced in the Senate. Of those, 20 have passed this week and will now go to the House for its consideration. Some of the bills include:

Senate Bill 69 would authorize the practice of E-prescribing, by which prescription orders are electronically transmitted between health care providers and pharmacists.

Senate Bill 70 would penalize contractors and subcontractors who knowingly employ workers without the proper state credentials. The penalty would include fines and the partial or complete revoking of said contractor’s contracting license.

Senate Bill 96 would authorize fire department-owned apparatuses to use yellow or amber flashing safety lights.

Senate Bill 134 would require employers to submit member contributions and a summary of member contributions to the Teacher’s Retirement system. This must be submitted 15 days following the end of the calendar month.

Senate Bill 166 relates to the State Teachers Requirement System. The bill would remove the requirement that an employee who is no longer disabled return to his or her former job, provide for reemployment and permit administrative hearings before disability retirement termination. The board may terminate early retirement benefits if someone has fraudulently obtained them. Jail and monetary penalties would be given for fraud.

Senate Bill 169 would require that insurance companies obtain the title to a totaled vehicle when they pay a claim to the insured or the claimant.

Senate Bill 180 would authorize the West Virginia Consolidated Public Retirement Board to give tax-free distributions from government retirement plans to pay certain premiums for health and long-term care insurance for public safety officers. The dollar amount of these distributions may not exceed $3,000.

Senate Bill 192 would allow the Commission of Corrections to issue arrest orders for persons inadvertently and improperly released. The Division of Corrections personnel may also obtain warrants for escapees under this bill.

Senate Bill 196 would clarify that the law enforcement agency that takes custody of or arrests a juvenile, would be responsible for the initial transportation of the juvenile to a detention center. Also, the bill states that the detention center would not be responsible for the juvenile if he/she is in need of medical care by a physician. If the juvenile needs medical attention, the attending physician must submit a form stating the juvenile is in suitable condition to be kept in the center.

Senate Bill 199 would create a building code authority in Raleigh County and Beckley to adopt and enforce the state building codes. The code authority would consist of five members appointed by the City of Beckley and the Raleigh Commission and would be required to be in place by July 1, 2007.

Senate Bill 208 would provide notice to the Supreme Court and the Consolidated Public Retirement Board upon a judge’s retirement.

Senate Bill 354 would provide penalties to clinics, physicians, hospitals or facilities that are responsible for diagnosing or providing treatment for Alzheimer’s Disease when they fail to report to the Alzheimer’s Disease Registry. The West Virginia University governing board established a registry for Alzheimer’s Disease, ane the central database is used to assist in the development of public policy and planning. The registry is issued to prepare reports and perform studies for hospitals and clinics.

Senate Bill 360 would extend the time during which local levying bodies may meet. Each local levying body must hold a meeting or meetings between March 7th and 28th for business transactions. During the primary election, extending the meeting time will be on the ballot for voters’ approval.

Senate Bill 412 would prohibit the use of hand held cell phones by a minor while driving. Penalties would apply to those minors who are holding a level-one instruction permit or a level two intermediate driver’s license.

Senate Bill 413 would clarify procedures for seizing abandoned, neglected or cruelly treated animals. If found with life threatening conditions, a licensed veterinarian would determine if the animal should be euthanized. If a magistrate is not convinced an animal was neglected or cruelly treated, the magistrate may dismiss charges and return the animal to its original owner.

Senate Bill 416 would create misdemeanor offenses for attempting to defeat drug or alcohol screening tests.

Senate Bill 435 would clarify the Consolidated Local Government Act and give the legislature authority to permit home rule for municipalities, to reform county commissions and to permit county consolidation. This would also allow municipalities and counties to consolidate and create a new executive or legislative tribunal, or both, in the form of a metro government that performs both the duties of a municipality and a county.

Senate Bill 436 would allow the County Commission on Crime, Delinquency and Corrections to use one of the group’s members as secretary, relinquishing the circuit clerk of any secretarial duties for the commission.

A Sampling of Bills Introduced In the Senate

Senate Bill 417 would prohibit open containers of beer and alcoholic beverages in any area of a motor vehicle readily accessible to the driver or passenger(s). The first offense would be a misdemeanor punishable by a $5 to $100 fine. The second and subsequent offense would result in a felony and would carry a sentence of up to three years in a state correctional facility.

Senate Bill 423 would increase the penalties charged to minors for the use or possession of tobacco products. This bill would require minors who are convicted of a first offense to pay a $100 fine and to serve 40 hours of community service. Minors who commit a second or subsequent offense would be charged a $150 fine and would be required to complete 60 hours of community service. The drivers license of the minor would be revoked until age 18 and if the minor is ineligible for a drivers license at the time of conviction he/she would be not have the opportunity to receive a license until age 18.

Senate Bill 429 would require counties or municipalities to receive a closure form and permission from the State Fire Marshal before closing a paid or volunteer fire department. After closure has been secured, the profits of the sale of certain vehicles from the closed department would be transferred to a special revenue account.

Senate Bill 449 would encourage public schools to implement the usage of school uniforms. It would allow uniform policies to be discussed on a school-by-school basis, and the decision to implement uniforms would be at the discretion of the school and would not be mandatory.

In the House

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February 7, 2007

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As of 4 p.m., Wednesday, February 7, 2007, the 29th day of the 2007 Regular Session, 916 bills have been introduced in the House of Delegates. Of those, 14 have passed the House and will now go to the Senate for its consideration. They include:

House Bill 2028 would increase the amount of the required bond of certain businesses regulated by the Division of Motor Vehicles from $10,000 to $50,000. These businesses include: new motor vehicle dealers, used motor vehicle dealers, house trailer dealers, recreational vehicle dealers, motorcycle dealers and used parts dealers.

House Bill 2571 would clarify the deadline for redeeming delinquent lands. Current law is vague on the exact time of payment for overdue land fees, stipulating only “before sale,” and it has been a source of confusion for sheriffs throughout the state. The change would compel payment by the close of the last business day before the sale date, and it includes a requirement that affected landowners are notified in the local paper or by certified mail.

House Bill 2770 would amend current law relating to court security personnel and would enhance penalties for certain violent acts, such as assault and battery, against court security personnel as well as define the term, “court security personnel.” This bill would add that position to a list of others, such as state fire and division of forestry employees, and would adopt their provisions.

A Sampling of Bills Introduced In the House

House Bill 2783 would exempt full-time undergraduate students who attend a state public institution of higher education from paying state income taxes, and would exempt them from paying those same taxes for the first two years following the successful completion of an undergraduate program. If the graduate owes money to the institution or to a lending entity through the procurement of student loans, he or she would be required to pay a minimum sum of 75 percent of the tax liability that would have otherwise been paid in state income taxes.

House Bill 2785 would allow a law-enforcement officer to temporarily detain a criminal suspect in order to determine his or her identity and the reason for their presence in the detainment location. The detainment cannot extend beyond the immediate vicinity where it was first affected and cannot last for more than six hours.

House Bill 2786 would require the governor to fill vacanies in the positions of State Supreme Court of Appeals Justice and circuit court judge within 90 days. The bill would allow for challenges questioning the qualifications of the appointed person for a period of 20 days following the governor’s nomination.

House Bill 2794 would require a preliminary breath analysis test of all surviving drivers involved in a fatal automobile accident to determine his or her blood alcohol content.

House Bill 2795 would prohibit the transportation of a loaded or cocked crossbow in a motor vehicle.

House Bill 2801 would provide a $50,000 benefit to the families of firefighters and Emergency Medical Services personnel who are killed in the line of duty.

House Bill 2803 would prohibit a person from smoking tobacco products in a motor vehicle when a minor is present. A person in violation of this law would be found guilty of a misdemeanor, and for the first offense would be fined at least $100; for the second offense be fined at least $100 and sentenced to three days in jail; and for the third and subsequent offenses be fined at least $500 and lose his or her driver’s license for a period of up to six months.

House Bill 2834 would require motorcycle operators and passengers under 21 years of age to wear a helmet. Drivers 21 years and older would be permitted to refrain from wearing a helmet only if they have had a valid motorcycle license for at least two years.

House Bill 2840 would permit people, who are legally entitled to posses an animal according to current state law, to transport that animal out of state.

House Bill 2842 would amend current state law pertaining to beverages sold or served to students in public schools. Elementary, Junior High and Middle Schools would be required to serve only “healthy drinks,” and could not serve soft drinks. “Healthy drinks” are defined as water, 100 percent fruit or vegetable juice, and reduced or low-fat milk. High Schools are permitted to sell soft drinks at any time during the day except during the breakfast and lunch periods. In addition, if soft drinks are sold, “health drinks” must be equally accessible and account for 50 percent of the total beverages offered for sale. The bill does not limit the sale or service of food or beverages during fund-raising activities when the items are intended for after-school use.

Completed Legislation

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February 7, 2007

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(Week of Jan. 31 – Feb. 7, 2007)

Senate Bill 138 will repeal a section of the West Virginia Code relating to the requirement that nonresident plaintiffs post a bond to cover the costs in the magistrate courts of the state.

Senate Bill 140 relates to depositing certain monies into a magistrate court fund. The bill clarifies that the amount of $10 in fines and fees collected in civil and criminal cases in magistrate court must be deposited into the magistrate court fund.

Senate Bill 141 will provide family court jurisdiction over sibling visitation petitions. Currently, such cases are solely within the jurisdiction of circuit courts.

Senate Bill 218 will make a supplementary appropriation of federal funds out of the state treasury from a balance of federal monies remaining unappropriated for the purpose of establishing the availability of federal funds for new and continuing programs now available for expenditure in the fiscal year ending June 30, 2007.

Senate Bill 270 will extend the time for the city council of Piedmont to meet as a levying body. This bill was considered for the purpose of presenting to the voters of the city an election to continue an additional municipal levy to maintain the existing public streets, fire hydrants and lines for the city of Piedmont and for payment of any obligation by the city due to higher costs and for the purpose of paying all costs incurred in the laying of this additional levy.

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

Historic West Virginia Lawmakers Highlight Black History Month

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February 7, 2007

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Historic West Virginia Lawmakers Highlight Black History Month

Historic West Virginians — From left to right: Delegate Minnie Buckingham Harper photo courtesy The West Virginia Blue Book, 1928; Delegate Elizabeth Simpson Drewry photo courtesy The West Virginia Blue Book, 1961; Delegate Christopher Payne photo courtesy The West Virginia Encyclopedia, 2006.

“Those who have no record of what their forebears have accomplished lose the inspiration which comes from the teaching of biography and history.” – Dr. Carter Godwin Woodson, author, editor, publisher and historian (December 1875 – April 1950).

Known as the “Father of Black History” for his innovative efforts at weaving African-Americans into the patchwork of American history, Dr. Woodson moved with his family from Virginia to Huntington, West Virginia, when he was a young man in 1892 to seek a better life. He later turned to the mines and coalfields of Fayette County as a way to support and pay for his education.

This February the nation and the state recognize Black History Month, which began as a week-long celebration started by Dr. Woodson and centered around the birthdays of President Lincoln and Frederick Douglass, two prominent Americans who strived for equality. As West Virginians take time to reflect on the accomplishments of famous African-Americans, it bears noting that there has been no shortage of trailblazers in the West Virginia Legislature.

Southern West Virginia’s black population saw dramatic increases during the late 1800s, which most likely can be traced to a booming mining industry and job opportunities for people of all ethnicities and backgrounds. Once underground and in the mines, race mattered little as miners depended on the person next to them for both safety and camaraderie, regardless of their skin color. From the burgeoning fellowship, African-Americans began having a more prominent position in state politics.

Six years prior to Dr. Woodson’s arrival in Huntington, voters in West Virginia elected the first African-American to the State Legislature, Christopher Payne, a Republican delegate from Fayette County. Mr. Payne would later, as a result of his loyalty to his party, be appointed to several federal positions before being named by President Theodore Roosevelt to serve as Consul General of the Danish West Indies (present-day Virgin Islands).

On January 10, 1928, more than 40 years after Mr. Payne made West Virginia history, Governor Howard Gore made national history. Upon the death of Delegate E. Howard Harper, a Republican from McDowell County, the Governor appointed Mr. Harper’s wife, Minnie Buckingham Harper, to his seat, making her the first African-American woman to become a member of any legislative body in the United States. She served on the House committees on Federal Relations, Railroads and Labor and did not run in the state legislative elections held later that year. She provided the inspiration and possibly the motivation for other women of color to embark on their own legislative journeys.

It would be more than 20 years, however, before another African-American woman walked the halls of West Virginia’s Legislature. During the elections of 1950, voters in McDowell County elected Elizabeth Simpson Drewry to the House of Delegates, making her the first African-American woman elected to the Legislature. She was extremely active in her role as delegate and a strong supporter of health care reform, teachers and workers.

During her tenure, she is credited with introducing several major bills, including a bill to provide compensation to the victims of silicosis, more commonly known as “black lung disease,” as well as the legislation that led to the 1956 constitutional amendment allowing women to serve on juries. She retired from legislative service due to poor health in 1964, having served longer in the Legislature than any other McDowell representative at that time.

Some 34 years later, on November 3, 1998, another landmark was reached as Marie Redd, a professor at Marshall University, was elected to the State Senate from Cabell County. She was the first African-American of either gender to serve in the Senate, serving for four years. Since 1896, a total of 21 black men and women have served in the West Virginia Legislature up to this past election, including 11 who hailed from McDowell County. One was Delegate Ernest “Ernie” Moore, whose tenure lasted over 20 years and who received the 1992 Distinguished West Virginian Award for his dedicated service to the state.

The progress made by each of these trailblazers is a decidedly groundbreaking component of Mountain State history — but it’s also a reflection of the true spirit of public service. They are recognized not only for the avenues they created, but also for their countless contributions and compelling dedication to West Virginia.

Vol. XVIII Issue 3

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January 31, 2007

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In the Senate

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January 31, 2007

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As of 4 p.m., Wednesday, January 31, 2007, the 22nd day of the 2007 Regular Session, 416 bills have been introduced in the State Senate. Of those, 14 have passed the Senate and will now go to the House for its consideration. Some of the bills passed in the Senate and sent to the House this week are:

Senate Bill 148 would provide that breast-feeding is not considered public indecency. Previously, there was no such exception; under the letter of the law, breast-feeding would have been considered indecent exposure, punishable by a 90-day jail sentence and/or up to a $250 fine.

Senate Bill 205 would clarify language relating to domestic protection orders. The bill would include as any unwanted, non-physical communication with a protected person or child a violation of a protective order. This definition would cover phone, voice mail, e-mail and any other means of communication.

Senate Bill 217 would extend the time for the Piedmont City Council to meet as a levying body. The bill would allow the council to meet as such a body from March 7 to 28 and from April 17 to May 31.

Senate Bill 218 would make supplementary appropriations of federal funds to various state entities. Specifically, this bill would make appropriations to the Secretary of State’s Election Fund ($2.5 million), the Division of Motor Vehicles ($2,334,857) and the Supreme Court of Appeals ($400,000).

A Sampling of Bills Introduced In the Senate

Senate Bill 215 would provide tax deductions for interest paid on student and automobile loans. One may use the amount paid in interest on a loan for higher education or an automobile for personal use to reduce their federal adjusted gross income.

Senate Bill 334 relates to the employment of athletic or extracurricular activities’ coaches. Persons employed in the public schools as athletic or extracurricular activities coaches, but who are not regular professional employees, would continue to be employed in the same position without the position being posted if they have served in the position for three years and received satisfactory evaluations.

Senate Bill 338 would expand the number of newborn disease screenings from eight to twenty-nine, which is recommended by the March of Dimes and America Academy of Pediatrics. This expansion would be phased in over a two-year period.

Senate Bill 340 relates to procedure for authorizing branch banks. The Board of Banking and Financial Institutions and the Commissioner of Banking would determine whether a bank has a significant supervisory concern or raises a significant legal or policy issue before making the decision to establish a bank branch. The West Virginia Board of Banking and Financial Institutions and the Commissioner of Banking must apply standards that are similar to federal bank regulators.

Senate Bill 344 would require employees who sell alcoholic beverages to take alcohol awareness courses. Any employee who is hired on or after July 1, 2007, would be required to participate in the education and alcohol management program (TEAM), or other similar alcohol awareness education programs provided or approved by the commissioner, within 60 days of employment and every three years thereafter. Employees already employed must participate in the program by July 1, 2008.

Senate Bill 348 relates to mine trip cars used to transport miners to a working section. These would have to be maintained at the working section and would have to have sufficient capacity to transport all miners out of the working section in the event of an emergency.

Senate Bill 353 would reduce state vehicles’ petroleum-based fuel consumption through improvements in fleet fuel efficiency, the use of alternative fuel vehicles and the use of alternative fuels. The bill would see a goal to reduce fuel consumption for state-owned vehicles to 80 percent of their 2006 level by 2010 and for state subdivisions to 80 percent of their 2007 levels by 2015.

Senate Bill 356 would require licensing of plumbers and fire protection workers. The intent is to protect the health, safety and welfare of the public as well as public and private property by assuring that those who perform plumbing and fire protection are licensed by the State Fire Marshal.

Senate Bill 359 would allow public employees to have certain paid leave as a volunteer firefighter. State employees who are members of volunteer fire departments would receive paid leaves of absence during times when they are required to respond to emergencies during their regular work hours. The bill would allow up to 25 hours of paid leave in one calendar year.

Senate Bill 360 would extend the time that local levying bodies may meet. Each local levying body must hold a meeting or meetings between March 7th and 28th for business transactions. During the primary election, consideration for extending the meeting time will be on the ballot and will bill voted on.

Senate Bill 368 would enact the Food Security Act. This act would provide a tax credit for qualified donations, bargain sales of fee interest in real property or a conservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency.

Senate Bill 371 would exempt certain professional services from the consumer sales and service tax. These exemptions would apply to selling tangible personal property, custom software and the furnishing of all services, except professional and personal services.

Senate Bill 372 would provide automatic court-ordered transfers of marital property titles upon divorce. The court-ordered transfer would have to be filed with the county clerk who would then attach it to any applicable legal title to property.

Senate Bill 379 would establish criminal history checks for people applying to be a home state insurance producer. This bill would authorize the Insurance Commissioner to establish and collect fees and require applicants to submit fingerprints. The Insurance Commissioner could then transmit fingerprints to the State Police and Federal Bureau of Investigation. Certain records would be kept confidential.

Senate Bill 388 would establish the procedures for allocating the costs of medical support between the responsible parties in a child support order. This bill also would provide guidelines for setting the medical support, including premium costs.

Senate Bill 390 would provide a criminal penalty for a parent who engages in the manufacture, possession or distribution of a controlled substance while a child is present in the home. Any person who engages in this activity would be guilty of a felony and, upon conviction, would be imprisoned in a state correctional facility for 10 to 35 years.

Senate Bill 400 would create additional circuit judgeships consistent with recommendations from the National Center for State Courts. The judicial circuits that would be affected include: the 5th, 9th, 10th, 13th, 19th, 22nd, 23rd, 24th, 26th, 27th and 30th.

In the House

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January 31, 2007

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As of 4 p.m., Wednesday, January 31, 2007, the 22nd day of the 2007 Regular Session, 777 bills have been introduced in the House of Delegates. Of those, a total of 11 have passed the House and will now go to the Senate for its consideration. Bills passed this week include:

House Bill 2332 would clarify that magistrate courts have concurrent juvenile jurisdiction with the circuit court with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors. The bill would also give concurrent juvenile jurisdiction to municipal courts.

House Bill 2526 would allow acupuncturists to form professional limited liability companies (PLLCs). By code members of PLLCs are not liable for debts, acts, claims or omission of the PLLC or of the other members. The members must all be licensed professionals of the same or compatible practices, and the boards that license the members must promulgate a legislative rule to provide for procedures for the formation and approval of PLLCs.

House Bill 2698 would allow the Board of Barbers and Cosmetologists to increase fees for one year. No increased fee may exceed $100.

A Sampling of Bills Introduced In the House

House Bill 2435 would prohibit the possessing, importing, selling or offering of candy or fruit-flavored cigarettes in this state, provided the prohibition does not include menthol or regular tobacco cigarettes.

House Bill 2533 would create a Special Revenue Fund to be used for urban and rural mass transportation. The creation of the fund would increase the daily tax to be collected on rental cars, provided that 66 percent of the tax collected on rental cars would be deposited in the Special Revenue Fund.

House Bill 2541 would allow county commissions to adopt an ordinance to allow a single board of directors for emergency and fire services. The commission would have to determine the board of directors who would provide services in the best interest of the county citizens. The board would have all the powers, duties and responsibilities of providing fire and emergency medical services.

House Bill 2548 would authorize the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule. If a person would utilize the uniform bail schedule to post bond and obtain a release, the person would have to appear before a magistrate on the next judicial day. Failure to appear before a magistrate will result in forfeiting the posted bond and other penalties prescribed by law.

House Bill 2549 would create the Purchasing Improvement Fund to receive a share of rebates received from purchasing card vendors. The fund would allow the use of purchasing cards for regular routine payments, travel and emergency purchases.

House Bill 2550 would ensure the members of the West Virginia State Police, who are called back to work when off-duty, are compensated for those hours, and would guarantee a minimum of two hours pay or actual hours worked pay, whichever is greater.

House Bill 2557 would provide a two-tiered personal income tax credit for parents who provide home or private schooling for their children. A tax credit would be placed against the parent’s personal income tax of $500 per child for providing home schooling and $1,000 per child for providing private schooling.

House Bill 2565 would prohibit the delivery or distribution of illegal drugs to students inside of or within 1,000 feet of a West Virginia school. Violators would be found guilty of a felony and may receive a one to five year sentence in a state correctional facility.

House Bill 2567 would allow a political candidate to place campaign signs within highway rights-of-way, provided the sign is in the candidate’s political district, temporary, light-weight and meets a certain measurement requirement. The sign would be displayed 45 days prior and seven days after an election.

House Bill 2572 would allow the Commissioner of Health to prohibit the establishment of new methadone treatment programs and clinics after July, 1 2007, except those operated by comprehensive community mental health centers.

House Bill 2584 would dedicate a portion of the receipts from the tax food products to be distributed equally to each district of the Division of Highways. Effective July 1, 2007, the bill would allow secondary road maintenance including but not limited to: road repair, tar, chipping, gravel replacement, ditch cleaning and brush removal.

House Bill 2699 would provide inspections of primary and secondary schools by local boards of health may be reported to the principal of the school, county superintendent and president of the county school board. The bill would also provide inspections be reported to people of like responsibility in the case a private, parochial or church school is inspected. Inspection standards would be established by the Commissioner of the Bureau for Public Health.

House Bill 2700 would permit magistrates to carry concealed handguns without a permit. Under current code, circuit judges and prosecuting attorneys are allowed to carry concealed handguns without a permit.

House Bill 2718 would authorize table gaming activities in West Virginia at existing pari-mutuel racetracks if voted on and passed in local option elections.

House Bill 2756 would require any person incarcerated in jail to reimburse the county for costs incurred during the first five days of their jail stay.

House Bill 2764 would establish criminal history checks and fingerprint records for applicants of insurance producer licenses. The bill would authorize the Insurance Commissioner to establish fees, collect fees and submit applicant fingerprints to the State Police and Federal Bureau of Investigation. Certain records would have to be kept confidential.

House Bill 2773 would establish a recycling program for beverage containers to reduce litter across the state. The bill would require a dealer who regularly sells beverages in a returnable container to collect a 10-cent deposit, and in turn submit the deposit to the Department of Environmental Protection on a monthly basis.

House Bill 2777 would provide a 2.5 percent pay increase for teachers and school service employees for the 2007-2008 school year. The bill would also increase the annual bonus paid to classroom teachers who are nationally board certified from $2,500 to $3,500. The pay increase for service personnel will only occur if the person was employed by a county board of education Jan. 1, 2007 and still employed by Sept. 30, 2007.