As of 4 p.m., Wednesday, January 28, 2004, the 15th day of the 2004 Regular Legislative Session, 781 bills have been introduced in the House of Delegates. Of those, 21 have been passed by the House and are under consideration in the Senate. Among those were:
House Bill 2088 would increase the penalty for persons manufacturing or distributing a controlled substance, counterfeit substance or marijuana in or within 1,000 feet of a park, playground or other recreation area. Violators of this law would be guilty of a felony offense and, upon conviction, would be subject to incarceration for up to 10 years and/or a maximum fine of $20,000 for a first offense; and, upon a second or subsequent conviction, would be subject to imprisonment for 5 – 20 years, and/or a maximum fine of $40,000.
House Bill 2268 would provide priority in the selection for Underwood-Smith scholarships to qualified applicants with the highest academic abilities who intend to pursue careers in areas of critical need and shortage. This bill also would provide separate eligibility requirements and modified scholarship agreements.
House Bill 4004 would establish an insurance fraud unit within the Insurance Commissioner’s Office. Among its duties, the insurance fraud unit would be authorized to initiate investigations, review insurance fraud allegations and serve subpoenas. This bill also would provide that no person may commit a false insurance act and any person with information regarding such an act must provide this information to the Insurance Commissioner. In addition, insurance companies would be required to place fraud warnings on claim forms and applications.
House Bill 4021 would prevent the disclosure of personal information of state employees and officers, and their dependants. This information would be prohibited unless necessary to an essential function of a state agency, entity, law enforcement agency, or required by law.
House Bill 4022 would create “The All-Terrain Vehicle Safety Regulation Act.” If passed, this bill would, among other provisions, prohibit the use of ATVs from sunset to sunrise without an illuminated headlight or taillights; operation on interstate highways except by public safety personnel responding to emergencies; and, the use of ATVs on roads with a center line or with more than two lanes except for the purpose of crossing the road. At the time of this bill’s passage in the House, it required operators under 18 to wear helmets on public land; however, Senate amendments are pending.
House Bill 4043 would establish, as the priority for early childhood education, intensive instruction in the basic skills of reading, mathematics and English language arts, along with early detection and intervention strategies to correct student deficiencies.
House Bill 4045 would require the submission of evidence to the State Superintendent that a county superintendent has given required bond and good security. The county superintendent also would be required to meet certain health related conditions of employment.
House Bill 4072 would provide for a unified approach to the long-term planning and implementation of technology in the public schools. This would be a continuing plan that covers a period three to five years and is updated on or before July 1st of each year.
House Bill 4068 would allow the hunting of coyotes by use of amber-colored artificial light which would make it possible to hunt at night. The restrictions for this practice would be the same as those currently in place for hunting raccoons, opossums and skunks with artificial lights.
House Bill 4084 would establish the West Virginia Pharmaceutical Availability and Affordability Act. Under this legislation, the costs of pharmaceuticals for all state health insurance programs would be in conformity with the Federal Supply Schedule (FSS) rate. Medicaid and the Children’s Health Insurance Program (CHIP) would be exempt from this requirement if federal approval is given. In addition, marketing and advertising costs for pharmaceuticals would be reported to the Insurance Commission. Failure to report these expenses would result in penalties.
Sampling of bills introduced this week:
House Bill 4153 would require minimal additional pay for certain classified employees who agree to work on weekends and remove provisions that incremental salary increases for classified employees be paid from existing funds.
House Bill 4140 would require the Ethics Commission to establish a code of conduct for state administrative law judges, including civil penalties and sanctions for violations.
House Bill 4147 would provide for the use of returnable beverage containers. If passed, this bill would require beverage sellers to provide convenient means for returning bottles within 100 yards of the sale location. Regional or county centers that permit container returns could be established as substitutes for these return areas. Beverage container is defined as any that contain one gallon or less of a beverage and are composed of airtight metal, glass, paper, plastic or any combination of these.
House Bill 4127 would allow paid and volunteer fire departments to place automated external defibrillators on fire trucks and on other fire equipment. In addition, this bill would provide that in emergency situations, trained firefighters would be permitted to use these defibrillators when no licensed emergency medical personnel are available.
House Bill 4143 would establish a West Virginia center for nursing to organize a statewide strategic plan to address the nursing shortage in the state. If created, this center would promote the recruitment and retention of nurses. Also under this legislation, licensed registered and practical nurses would pay an annual supplemental licensure renewal fee of $10. This money would be used to subsidize the center, provide loan repayment and fund scholarship programs.
House Bill 4156 would provide the West Virginia State Police with the ability to define and draw DNA samples from convicted felons. For the exclusive purpose of criminal identification, State Police would be authorized to use this information to maintain a DNA database. In addition, this bill would provide a right to DNA testing for imprisoned felons and would require certain physical evidence to be preserved.
House Bill 4103 would eliminate any reduction in the benefit of a state police officer who is disabled on the job when the officer attains the age of 55. This would include any physically or mentally permanently disabled by injury, illness, or disease resulting from occupational risk or hazard.
House Bill 4119 would allow the phase-in of the transfer of the hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of the taxing authority to the municipality.
