As of 4 p.m., Wednesday, February 19, 2003, the 43rd day of the 2003 Regular Legislative Session, 1,073 bills have been introduced in the House of Delegates. Of those, 15 bills were passed by the House this week and will now go to the Senate for its consideration. Among those were:
House Bill 2203 would conform certain state traffic laws to federal regulations related to the use of seatbelts and Driving Under the Influence (DUI) so as to qualify for federal grants and avoid penalties against portions of federal-aid highway funds. The measure would establish the use of seat belts as a primary offense, meaning
House Bill 2433 relates to vocational-technical facility and equipment improvements through the School Building Authority. This measure would authorize the School Building Authority to require flood insurance for any facility within the 100 year flood plain at which authority funds are expended; authorizes the authority to encourage work-based learning opportunities for students on funded projects;, as well as the authority to accept any gift, grant, contribution, bequest or endowment of equipment for benefit of authority or its projects; requires the authority to reserve no more than 25 percent of funds available for priority use for multi-use vocational-technical educational facilities which may include post-secondary programs; requires a 10-year major improvement plan as prior condition for distribution of funds; prohibits the distribution of funds to a county not prepared to commence expenditure during a fiscal year; requires up-to-date enrollment projections in facilities plans and updates; authorizes inclusion of facilities for community and technical college education in plans to construct comprehensive vocational facilities at existing high schools; provides an exception from requirement for comprehensive vocational facilities in counties served by a multi-county center or existing county center; establishes a planning process if such county elects to construct a comprehensive center; and, includes introductory vocational-technical courses in middle school grades as part of effective schools for vocational-technical education.
House Bill 2511 would provide special license plates for members of the Nemesis Shrine, volunteers and employees of the American Red Cross, individuals who have received the Combat Infantry Badge or Combat Medic Badge, members of the Knights of Columbus and former members of the Legislature. The bill would provide that special registration plates may only be issued to nonprofit charitable and educational organizations currently authorized by law and would prohibit the Commissioner of Motor Vehicles from approving or authorizing additional nonprofit charitable and educational organizations to design or market special registration plates without prior authorization of the Legislature.
House Bill 2678 would change the ballot publishing dates before primary and general elections. The current law establishes a period eight to 14 days prior to an election. This measure would establish a new period of 20 to 26 days prior to an election. The measure also would: authorize certain (paper ballot)counties to count absentee ballots during an election period; alter absentee ballot signature requirements, allowing for facsimile signatures; provide for the changing of voting dates for early in person voting, by eliminating the Monday before the election (except in emergencies) and allowing for the two prior Saturdays before an election; provide for emergency early person voting the Monday prior to a Tuesday election, under special circumstances; provide for the processing of certain absentee ballots prior to closure of the polls for the purpose of determining legality; and, authorize certain changes in the early in person voting of absentee ballots.
House Bill 2729 would clarify that members of professional licensing board may be compensated only for days in which they attend official meetings or engage in official duties, and not for travel days.
House Bill 2748 would prevent mail order or internet sales of tobacco products to persons under 18 years of age. Essentially, the bill states that anyone who sells tobacco products through non-point of sales transactions would have to register with the state tax department, adopt a policy for verifying age of purchases, not deliver products except to verified addresses, and clearly mark the packages as tobacco products. The measure also would establish penalties, including a $500 fine for failure to adopt a policy and $1,000 to $2,000 for a first offense within five years, $2,500 to $3,500 for a second offense, $4,000 to $5,000 for a third offense, $5,500 to $6,500 for a third offense, and a $10,000 fine for a fifth offense. All offenses would be considered a misdemeanor and all fines collected would be deposited in the State’s General Trust Account. United State’s Postal service and package carriers are would be exempt as distributors.
House Bill 2794 would increase the service fee for worthless checks. The bill would provide any payee or holder of a check or draft order that is dishonored due to insufficient funds the ability to impose a fee of $25, increased from $15 stated in current law.
House Bill 2843 would enact the federally required provisions of the “Help America Vote Act of 2002.” This legislation would bring West Virginia’s election laws in line with recent federal changes.
House Bill 2870 would specify the jurisdiction of the Public Service Commission (PSC) over, and the application of public utility laws to, certain described electric generating facilities. The measure would require persons, corporations and other entities that intend to construct and operate electric generating facilities, or that intend to make or construct a material modification thereof, to obtain from the PSC a siting certificate, in lieu of a certificate of public convenience and necessity, for each facility or material modification thereof. The bill also would allow the PSC, under specified circumstances, to seek the imposition of civil or criminal penalties, or both such civil and criminal penalties for violations.
House Bill 2953 would create a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund over a fixed period with funds from the Unclaimed Property Trust Fund in an amount not to exceed $2 million annually. It also would create the Prepaid Tuition Trust Escrow Account and provide for the transfer of funds in the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Account and to the General Revenue Fund, as well as provide for the investment and use of this money.
House Bill 2970 would establish increased ratios for the maximum number of professional educators and of service personnel per 1,000 students in net enrollment that are funded by the state starting in 2004-05 school year. Separate ratios would be established for counties with high and low student population density per square mile. The bill would further provide for $2.5 million per year to be appropriation for the purpose of increasing the ratios beginning in the 2004 school year and concluding after 2015. Finally, the bill would direct the $2.5 million per year allocated and appropriated for the total state basic foundation program for the purpose of increasing these ratios.
House Bill 3011 would require the Fire Commission to promulgate emergency rules on or before June 1, 2003, to establish minimum training and equipment requirements for firefighters and fire departments that have chosen to do rescue work which does not involve fire prevention and control.
