As of 4 p.m. Wednesday, January 28, 2004, the 15th day of the 2004 Regular Legislative Session, 308 bills have been introduced in the Senate. Of those, seven measures were passed and will go on to the House for its consideration.
Senate Bill 10 would extend the time frame for the study of the state system of orphan roads and bridges to January 30, 2005. At that time the Commissioner of the Division of Highways would be required to submit proposed legislation for the formulation of an Orphan Roads and Bridges Policy. The bill would extend the Orphan Roads and Bridges Acquisition and Maintenance Program to December 31, 2006.
Committee Substitute for Senate Bill 50 would provide a limitation of liability for remediation costs for property owners who are not responsible for the accumulation of waste tires on their properties. It would also allow the Division of Highways to recover remediation costs from the previous owners and require a notice of the existence of waste tires to be on file at the county clerk’s office.
Senate Bill 100 would prohibit state and political subdivisions from contracting with vendors owing debts greater than $1,000 to the state or its political subdivisions.
Senate Bill 196 would allow activities on school instructional support and enhancement days, including activities for students, faculty senate meetings and other professional activities, to occur in any order.
Senate Bill 224 would correct references to an article concerning the adoption of an abandoned child.
Senate Bill 268 would continue the Division of Motor Vehicles until July 1, 2006. (Sunset Legislation)
Senate Bill 269 would continue the Division of Purchasing within the Department of Administration until July 1, 2008. (Sunset Legislation)
Sampling of bills introduced this week:
Senate Bill 295 would provide limited immunity from civil liability to a person who is defending himself, others and/or his property. The person claiming immunity must prove that his or her actions were reasonable given the crime being committed.
Senate Bill 259 would require all state boards of examination and registration provided in State Code to have websites available to the public. It would require the Information Services and Communication (IS&C) Division within the Department of Administration to assist the boards in developing the websites and require the Governor ensure that links to each of the boards’ websites are accessible through the state’s website.
Senate Bill 258 would establish a procedure for enforcement of out-of-state domestic violence protection orders in West Virginia similar to the procedures approved by other states adopting the Uniform Act.
Senate Bill 276 would establish a discount for marriage license applicants who complete approved premarital counseling. Those who complete the counseling would receive a 20 percent discount off of the license.
Senate Bill 270 would create the Public Campaign Finance Act. The Act would create a public fund from which candidates who agree to limit contributions and spending receive campaign financing.
Senate Bill 280 would create a Consolidated Fund Investment Act. The Act includes provisions to transfer the Consolidated Fund from the Investment Management Board to the State Treasurer and transfer the responsibility for the West Virginia check card from the Auditor to the Treasurer.
Senate Bill 257 would provide a state income tax exemption to retired federal law enforcement officers and firefighters comparable to their counterparts in state, county and municipal service. The exemption would be for retirement income received in the form of pensions and annuities to the extent it is included in federal income tax purposes.
Senate Bill 287 would require insurance claimants to rebuild damaged property within one year from the date of the insured loss. The purpose of the bill is to eliminate incentives for policyholders to destroy their own property and to reduce the possibility of insurance fraud.
Senate Bill 294 would impose sale or use tax on certain recreational vehicles such as all-terrain vehicles (ATVs) and snowmobiles. This bill would also clarify that the sales tax on motorized vehicles not designed for state road use, such as riding lawn mowers and farm tractors, be deposited in the General Revenue Fund, not in the State Road Fund.
Senate Bill 291 would prevent the taking of checks or share drafts to guarantee loans or cash advances. The bill would not allow anyone engaging in the business of payday advances or payday lending to hold checks, share drafts, or debit accounts of consumers as security for advances or loans.
Senate Bill 267 would provide a law that addresses violence against public employees. The bill would provide that anyone who commits “assault” against a public employee while the employee is acting within the scope of his or her duties would be fined $50 to $100 and serve 24 hours to six months in jail. Anyone committing “battery” against a public employee will be fined $100 to $500 and serve one day up to one year in jail.
Senate Bill 293 would create a Beverage Container Deposit Act. This would require the use of returnable containers for soft drinks, soda water, carbonated, natural or mineral water, other nonalcoholic carbonated drinks and for beer, ale or other malt drinks of any alcoholic content and for certain other beverage containers. It would also provide for the use of un-redeemed bottle deposits; prescribes the powers and duties of certain state agencies and officials; and, prescribes penalties and remedies.
Senate Bill 283 would remove the provision of the law that reduces a disabled retiree’s straight life annuity by 20 percent when he or she reaches the age of 65.
Senate Bill 272 would create a State Police Review Board to hear complaints against State Police personnel.
Senate Bill 271 would require racial profiling data collection by law-enforcement officers and agencies each time a motorist is stopped for an alleged violation of the law. The bill would require the Superintendent of the State Police to conduct an analysis of traffic stops and provide an annual report to the Legislature.
Senate Bill 296 would continue the Center for Professional Development Board until July 1, 2010.
