As of 4 p.m., Wednesday, February 5, 2003, the 29th day of the 2003 Regular Legislative Session, 879 bills have been introduced in the House of Delegates. Of those, the following 16 were passed by the House this week, including nine Sunset Bills, and will now go to the Senate for its consideration:
House Bill 2155 would cap tuition increases at public colleges, community colleges and universities. An increase in any year would not exceed 3 percent unless the Higher Education Policy Commission (HEPC) is satisfied by a particular institution’s necessity, in which case the HEPC could authorize an institution to increase tuition a maximum of 5 percent. This cap would not apply to tuition rates for non-resident or medical students.
House Bill 2301 would provide, through a maintenance bond, funding for necessary care of animals seized because of allegations of neglect. This bill would require that magistrate courts, upon finding probable cause, award custody of the animal to any humane officer for further disposition. The owner of the animal would be required to post a bond with the court within five days following the court’s finding of probable cause.
House Bill 2512 relates to competitive bidding and notice requirements for the development of natural resources in which the Public Land Corporation has an interest. This bill would impose additional public notice requirements and require a public hearing before the Public Land Corporation enters into a lease or contract for the mining or drilling of minerals, gas or oil.
House Bill 2693 would provide the West Virginia State Police with the ability to define and draw DNA samples from convicted
felons for the purpose of maintaining a DNA database. This bill would allow the State Police to require any person convicted of a felony offense after July 1, 2003 to provide a DNA sample to be used for DNA analysis.
House Bill 2694 would protect the beekeeping industry by authorizing the Commissioner of the Department of Agriculture to seize, destroy, treat, return or stop the delivery of all appliances, bees, bee equipment, products or hives transported into or within West Virginia that are found to be infected with honey bee pests.
House Bill 2704 would have West Virginia become a member of the Interstate Compact for Juveniles for the supervision and return of juvenile offenders or runaways. This new compact would not become effective until it has been adopted by 35 states.
House Bill 2781 relates to the transfer, retirement or disposal of State Police canines. This bill would authorize the Superintendent to transfer the ownership of State Police dogs who are determined to no longer be of use to the State Police. The dog could be transferred to the animal’s handler; to the care and custody of an animal shelter, humane society or society for the prevention of cruelty to animals; or, to another person who wishes to have the animal as a pet.
Sunset bills passed by the House
House Bill 2750 would continue the Office of Health Facility Licensure and Certification until July 1, 2007.
House Bill 2751 would continue the West Virginia Department of Health and Human Resources until July 1, 2004. House Bill 2752 would continue the Bureau of Senior Services until July 1, 2009.
House Bill 2778 would continue the West Virginia State Police until July 1, 2004.
House Bill 2779 would continue the Ron Yost Personal Assistance Services Program until July 1, 2006.
House Bill 2803 would continue the Board of Barbers and Cosmetologists until July 1, 2008.
House Bill 2829 would continue the Division of Culture and History until July 1, 2005.
House Bill 2830 would continue the Division of Natural Resources until July 1, 2004.
House Bill 2831 would continue the Records Management and Preservation Board until July 1, 2004.
A sampling of bills introduced in the House
House Bill 2826 would reduce the allowable blood alcohol content for driving under the influence from 0.10 to 0.08 of one percent of body weight.
House Bill 2832 would prohibit cloning of human beings and embryos. Anyone who violates these provisions would be guilty of a felony and, upon conviction, would be fined $5,000 to $10,000, and/or imprisoned for one to three years.
House Bill 2858 would secure the right of blind and visually impaired people to vote under the same conditions of privacy and independence as sighted people. This would be made possible by electronic voting technology and systems in accordance with certification criteria for equal access by visual and nonvisual means. The Secretary of State would be responsible for implementation of this procedure.
House Bill 2850 would provide protection for school employees who are being harassed. Persons who violate this proposal would be guilty of a misdemeanor and, upon conviction, would be incarcerated in jail for 90 days-toone year, fined $2,000 to $5,000 or both. A second or subsequent conviction occurring within five years of a prior conviction would be a felony punishable by a one year to five year incarceration, a fine of $3,000 to $10,000 or both. This bill also allows restraining orders to be issued.
House Bill 2820 would provide for the adequate staffing of nursing homes and training of nursing home staff. This bill outlines specific ratios of staff to residents during all shifts of long term care facilities. These ratios would consist of minimum standards only and nursing homes would be permitted to employ additional staff as needed. This bill also would require a commission to assess the staffing ratios and standards outlined in this legislation. In addition, this bill would require nursing homes to post current staffing information, provide enhanced training requirements for nurse aides and provide a grant program for projects targeted at reducing employee turnover in nursing homes.
House Bill 2821 would provide an environment in hospitals where quality care can be provided to patients. The bill accomplishes this by allowing most employees involved in direct patient care activities or clinical services to refuse to work overtime, except in certain emergent situations.
House Bill 2804 would allow a municipal police officer to issue citations for misdemeanor offenses committed in his or her presence. This bill would allow municipal police to stop and cite reckless drivers outside the city limits when the officer is driving to or from magistrate or circuit court.
House Bill 2836 would require ATVs used off of private property to be registered with the Division of Motor Vehicles and to be subject to an annual registration fee of $10.
