As of 4 p.m., Wednesday, January 21, 2004, the 8th day of the 2004 Regular Legislative Session, 254 bills have been introduced in the Senate. Of those, three measures were passed and will go on to the House for its consideration.
Senate Bill 166 would reduce the allowable blood alcohol content (BAC) for driving under the influence (DUI) from 0.10 to 0.08 of one percent of body weight. Federal highway funding to the tune of around $10 million has been tied to the passage of this legislation.
Senate Bill 190 relates to the filing fee for certain United States candidates. The measure places a cap on the dollar amount set for the filing fee in West Virginia for United States presidential candidates to $2,500. Current law places a one percent fee for all offices, state or federal. This bill would place West Virginia into compliance with federal filing laws.
Senate Bill 196 would allow instructional activities for students, faculty senate meetings and other professional activities
for teachers, all of which are required on instructional support and enhancement days, to occur in any order.
Sampling of bills introduced this week:
Senate Bill 215 would require that persons, under the age of 18, who operate ATVs wear helmets and prohibit passengers under the age of 18. The bill would also provide that cities and counties may regulate or prohibit the operation of ATVs within their respective jurisdictions and would provide an exemption for farm and commercial use.
Senate Bill 252 would create the Child Safety All-Terrain Vehicle Act. This bill would establish safety and training provisions for children riding or operating ATVs in West Virginia.
Senate Bill 253 would establish ATV safety measures for any person operating or riding ATVs and place limitations on ATV use. The bill would also grant counties limited authority to regulate ATV use.
Senate Bill 210 would repeal the annual corporate license fee and replace it with an annual report and annual registration fee of $50 to be paid by corporations, non-profits, limited partnerships, voluntary associations, and business trusts. The bill also would preserve the attorney-in-fact fee.
Senate Bill 233 would require the Alcohol Beverage Control Commission (ABCA) to hold a public hearing prior to issuing a first-time license for private clubs or upon the transfer of a license to a private club at a new location. The bill would mandate a public hearing be held in the county where the club is to be located.
Senate Bill 15 would remove the requirement that substitute teachers work a certain amount of days for seniority applied to full-time employment. The bill, more specifically, would remove the requirement that substitute teachers work at least 133 days in a school year to count their substitute teaching toward seniority for full-time employment hiring purposes.
Senate Bill 171 would eliminate the requirement that an estate representative be in court to be named administrator of an estate.
Senate Bill 162 would prohibit businesses authorized to offer limited video lottery games from displaying gambling names and gambling symbols in the establishment’s advertisements, signage and/or directions.
Senate Bill 251 would establish the Nurse Overtime and Patient Safety Act. The bill would generally prohibit mandatory overtime for nurses in certain health care facilities. The bill states that a hospital would be prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and/or take action against a nurse solely on those grounds.
Senate Bill 161 would create the West Virginia Health Insurance Plan. This measure would look to provide health insurance coverage to qualified persons who are otherwise unable to obtain coverage. The coverage issued by the plan, its schedule of benefits, exclusions and other limitations would be established by a board created by the bill and subject to the approval of the Insurance Commissioner.
Senate Bill 235 would allow motor vehicles to treat red lights as stop signs in certain cases. The measure would permit a driver of a motor vehicle to treat a red light as a stop sign between the hours of 12 a.m. and 6 a.m. if there are no pedestrians or other traffic present or within close proximity. Any political subdivision in the state would be able to pass an ordinance prohibiting motorists from the provisions of this legislation.
Senate Bill 175 relates to benefits for members of the Police Retirement System for service-related disability or death. The bill would increase the death benefits eliminate the requirement for disabled members to convert to standard retirement when they turn 55 years old, and provide a three percent Cost of Living Allowance (COLA) under the State Police Retirement System (Plan B).
Senate Bill 200 would require an annual report be filed with the Legislature on or before January 1st of each year by the Superintendent of the State Police which includes a summary of the efforts and the effectiveness of recruiting females, African Americans and other minorities.
Senate Bill 225 would increase the base salary of sworn State Police personnel by 18 percent effective July 1, 2004.
Senate Bill 114 would enact the Tax Free Family Meal Act of 2004, eliminating the sales tax on groceries. The Act would look to generate the appropriate funding received by the taxes on food by increasing other taxes on certain products, including beer, liquor, soft drinks, cigarettes and other tobacco products.
Senate Bill 135 would reissue the sales tax holiday for the purchase of back-to-school clothing and school supplies, including computers and computer accessories, during a three-day period beginning August 6 and ending August 8, 2004.
Senate Bill 204 would allow for the sale of unused Strategic Research and Development Tax (R&D) credits.
Senate Bill 103 would create the Tobacco Free School Act. This Act would prohibit tobacco use in all school buildings and grounds and increase the penalties for such violation of this provision. The measure would increase the fine for violation of the Act to at least $50 and up to $250. As the Code reads now, the fines are $1 to $5.
Senate Bill 170 would increase penalties for use or possession of tobacco or tobacco products by minors. The bill would increase fines and place additional community service requirements upon those minors who violate this proposal.
