As of 4 p.m., Wednesday, January 22, 2003, the 15th day of the 2003 Regular Legislative Session, 498 bills have been introduced in the House. Of those, 10 were passed by the House this week and will now go to the Senate for its consideration:
Committee Substitute for House Bill 2054 would require county clerks to record a disclaimer of unenforceable restrictive covenants based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin. This would void any restrictions in deeds from the county clerk that include the designations listed previous.
Committee Substitute for House Bill 2052 would include nationally accredited institutions in the definition of eligible institution for purposes of the In-State Excellence Scholarship Program. The bill also would add to that definition any state allied health or hospital-based training program leading to state licensure.
Committee Substitute for House Bill 2154 would provide for the establishment of five instructional student development and professional teacher development days during the school year. The bill would mandate that these days occur during the months of October, December, February, April and June.
House Bill 2224 would require the privatization, closure or merger of at least two of the State’s 16 higher education institutions by 2007. The bill named no specific institutions and left reorganization decisions to the discretion of the Higher Education Policy Commission.
House Bill 2300 would establish an education performance audit panel to strengthen focus on improving student, school and school system performance. The panel would consist of the State Board President, a state board member, the State Superintendent and several ranking Education Department employees. The panel would be responsible for submitting reports to the State Board of Education for review and action.
House Bill 2323 would establish a Division of School Personnel within the State Department of Education by July 1, 2003. The division would be responsible for developing a uniform standard of employment, advising counties in personnel matters and answering questions relating to hiring, employment, seniority and certification.
House Bill 2402 would strike language allowing counties to establish kindergartens for children younger than age five but would encourage enrollment in early childhood education programs. The bill would mandate that such programs be made available. Also the bill would give county education boards the authority to approve head starts and other early childhood education programs in the county. Those programs, however, would have to meet standards set forth by the State Board of Education.
Committee Substitute for House Bill 2122 would reduce the cap on medical malpractice non-economic loss claims from $1 million to $250,000 and require claimants to prove at least a 50 percent chance of recovery or survival had the physician administered alternative treatment. The bill also would establish a three-person compensation plan board responsible for proposing funding options for awards exceeding the $500,000 cap on malpractice non-economic loss incurred during trauma care. To monitor physicians, the bill would place any physician receiving three or more disciplinary actions within a five year period under the supervision of another physician for an undetermined amount of time.
Committee Substitute for House Bill 2121 would establish the “All-Terrain Vehicle Safety Act,” which would regulate ATV operation on public property. The bill would prohibit unlicenced individuals under the age of 18 from operating an ATV on public lands and create free operation training programs available through the Department of Motor Vehicles. The bill also would make it illegal, with few exceptions, to operate an ATV on paved roads with centerlines.
Committee Substitute for House Bill 2120 would eliminate the Workers’ Compensation Second-Injury Compensation Fund and require claimants to prove 50 percent wholebody disability, an increase from 40 percent required by current legislation. The bill also would address the Workers’ Compensation Fund deficit by providing $20 million from
the tobacco settlement fund and by cutting weekly average wage compensation from 70 percent to 66 percent.
A Sampling of Bills Introduced in the House:
House Bill 2474 would add “sexual orientation” to the categories covered by the Human Rights Act and the Fair Housing Act. The bill would make it illegal to discriminate on the basis of sexual orientation in hiring, public access and housing access. The bill would define sexual orientation as disclosed or perceived homosexuality, heterosexuality or bisexuality.
Crimes-Alcohol and Drugs House Bill 2384 would provide criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs. The bill would include controlled substances in it’s definition of drugs and would specify a blood alcohol content of ten hundredths of a percent or more as under the influence of alcohol. Wounding a person would mandate a misdemeanor, while killing him or her would mandate a felony offense.
House Bill 2379 would provide the death penalty for the murder of law enforcement
officers on active duty. The bill would apply only to first and second degree murder cases.
House Bill 2521 would establish the school psychologist internship program. The bill would require collaboration between the State Department of Education and an institution of higher education for national certification of school psychologists.
House Bill 2391 would authorize specialized motor vehicle registration plates bearing the logo “PRO LIFE.” The bill would mandate an annual fee of $15 per plate from plate-owners. A $10 dollar fee would be charged for the initial application and subsequent applications for duplicate plates. There are currently 18 different types of specialized motor vehicle registration plates.
House Bill 2476 would alter the apportionment of the membership of the House of Delegates by changing certain districts. The bill would divide the 14th delegate district into two single-member districts and create a 59th delegate district. The changes would affect certain areas of Mason and Putnam counties.
A Sampling of House Standing Committee Reports:
Banking and Insurance: The House Banking and Insurance committee reviewed several pieces of legislation this week. The following bills were reported out with recommendation that they do pass:
House Bill 2366 would provide for the issuance of uniform prescription drug cards. Committee members amended the bill so that it would exclude the Children’s Health Insurance Program and give the State Insurance Commissioner until Jan. 1, 2004 to prepare regulations. The bill would require insurance companies to issue cards in order to practice in the State.
House Bill 2441 would increase from $1 million to $4 million the capital stock and surplus needed to bank in the State. The committee moved the bill to House Judiciary.
House Bill 2443 would change language mandating yearly assessments, which the Division of Banking uses as funding. The bill was moved to House Judiciary.
Veteran’s Affairs and Homeland Security: A representative from the office of Military Affairs and Public Safety (MAPS) delivered an overview of what the department has done and will continue to do to ensure the safety of West Virginia’s infrastructure. The representative said MAPS coordinates among 11 different offices and agencies in order to ensure that homeland protection and tragedy response are maintained at maximum readiness. The office is prepared to respond to threats against the state with appropriate action. The office coordinated responses to several Anthrax threats following September 11, 2001 and now has equipment in place to respond to equally dangerous situations. The office has deployed Mass Casualty Trailers as well as a Mobile Communications Center and has placed them strategically throughout the state. The trailers contain mobile hospitals and decontamination equipment for potential situations which may involve weapons of mass destruction. The representative said the trailers also could easily be used for aid and relief in instances of natural disasters. The representative stated all states are in the midst of Homeland Security reorganization and he felt some states could look to West Virginia for a positive model to follow.
