As of 4 p.m., Wednesday, January 29, 2003, the 22nd day of the 2003 Regular Legislative Session, 399 bills have been introduced in the Senate. Of those, the following 15 were passed by the Senate this week and will now go to the House for its consideration:
Engrossed Committee Substitute for Senate Bill 39 would make a false alarm a felony in certain cases. For example, this bill would not include any juvenile who pulls a false alarm; although, appropriate sanctions would be applied to the vandal.
Engrossed Committee Substitute for Senate Bill 109 would allow judges and magistrates to place third parties on notice of provisions of an order affecting the care and education of a child if the judge or magistrate finds that a third party has reason to be made aware of the specifics of a provision in an order.
Engrossed Senate Bill 120 would change the qualification rank for Adjutant General to Lieutenant. More specifically, this bill would change the appointment qualification for adjutant general from major general to lieutenant general.
Engrossed Committee Substitute for Senate Bill 178 would make clarifications to the Code section pertaining to the subject matter jurisdiction of the Family Court. It would implicitly indicate that the court has jurisdiction of child and spousal support as well as distribution of property.
Engrossed Senate Bill 186 would define “aggrieved persons” for purposes of judicial review of a decision of the Board of Zoning. An “aggrieved person” means a person who is denied the relief sought or suffers a peculiar injury, prejudice or inconvenience beyond that of the other residents of the county or municipality.
Engrossed Senate Bill 189 would allow an out-of-state bank that is seeking to acquire or establish a West Virginia branch to send a required written notice to the Banking Commissioner. This would provide the home-state regulator with an extra copy of the branch application so it can be delivered to the West Virginia Division of Banking.
Engrossed Senate Bill 190 would increase the frequency of the required examinations of books and records of certain financial institutions. Namely, those financial institutions with assets of more than $250,000,000 and those with a composite rating of either three, four, or five. This would track current practices consistent with cooperative agreements with federal regulators.
Engrossed Committee Substitute for Senate Bill 191 would eliminate the need for a hearing before the Commissioner of Banking in those cases in which a state chartered credit union seeks to convert to a federal charter. It also would change the required notice from the current seven to 30 days to 14 to 60 days prior to the meeting and it would eliminate certain present Code provisions governing the conversion of a West Virginia state-chartered credit union to a charter from another state.
Engrossed Senate Bill 192 would require a bank holding company intending to change its status to a financial holding company to give the West Virginia Commissioner of Banking notice of the intended change by submitting copies of the federal filings.
Engrossed Senate Bill 205 would modify criminal intent for animal cruelty crimes; fines. This bill would change the mental state for the crime of killing, injuring or poisoning an animal by adding “knowingly” or “recklessly” to the mental state.
Engrossed Senate Bill 215 would make supplementary appropriations to the Department of Health and Human Resources’ Health Care Authority.
Sunset bills passed by the Senate
Engrossed Senate Bill 281 would continue the Department of Environmental Protection.
Engrossed Senate Bill 282 would continue the Division of Motor Vehicles.
Engrossed Senate Bill 283 would continue the Public Service Commission.
Engrossed Senate Bill 284 would continue the Division of Purchasing within the Department of Administration.
A sampling of bills introduced in the Senate
Senate Bill 362 would establish the Public/Private Transportation Act of 2003. This act would provide prerequisites for the development of a transportation facility. It also would provide for the creation of a Public Private Transportation Oversight Committee.
Senate Bill 366 would authorize police to obtain a warrant to secure a blood sample from a person suspected of DUI. The law enforcement agency that employs the officer would designate which type of secondary test is to be administered. If the person arrested refuses, the law enforcement officer making the arrest shall designate either a breath or urine test.
Senate Bill 383 relates to the powers of the Alcohol Beverage Control Administration. This bill would permit the ABCA Commissioner to sell the Putnam County warehouse at terms of his/her choice and purchase a new one with the proceeds from and approval of the Governor.
Senate Bill 368 would lower the retirement age for certain state troopers. It would allow a member to retire with full benefits upon attaining the age of 50 and completing 20 or more years of service.
Senate Bill 370 would allow certain vehicle auxiliary lighting devices when vehicles are used off road. This bill would require that the devices be turned off and covered when the motor vehicle is operated on a road or highway.
Senate Bill 390 would remove the requirement that a social security number appear on commercial driver’s licenses. It also would require that the commercial driver’s license must be marked “Commercial Driver’s License” or “CDL,” and must be tamper proof.
Senate Bill 373 would require that businesses pay personal property taxes to receive a business registration certificate. It also would require sheriffs to notify delinquent personal property owners and require the Tax Commissioner to suspend or refuse to issue a business registration certificate where business has not paid delinquent personal property taxes.
Senate Bill 379 would establish a panel to review procedures of child protective services. This bill would list the duties of membership, provide confidentiality requirements and provide immunity from liability.
Senate Bill 398 would exempt the interest on savings bonds from personal income tax in certain cases. This bill would include those people who are 65 and older.
Senate Bill 399 would provide for criminal history checks for certain people working with children on school property. This bill would require criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through 12 on school property.
