As of 4 p.m., Wednesday, February 25th, 2004, the 43rd day of the 2004 Regular Session, 1,251 bills have been introduced in the House of Delegates. Of those, the following 17 bills have been passed by this body since February 18th and are currently under consideration in the Senate.
House Bill 2384 would provide criminal penalties for negligently or carelessly shooting, wounding or killing a human being while hunting under the influence of alcohol or drugs. Any person who shoots and wounds a person while under the influence of alcohol or drugs would be charged with a misdemeanor and upon conviction fined between $2,000 and $15,000 and/or sentenced between two months and one year in jail. If a person shoots and kills a person while under the influence of alcohol or drugs, they would be charged with a felony and upon conviction fined between $5,000 and $20,000 and/ or placed in jail for one to three years. Restitution of actual medical costs and funeral, burial and crematory costs caused by the violation would be required if deemed necessary by the courts.
House Bill 4044 would increase the salary limit for the State Superintendent’s position. The annual salary for the State Superintendent of Schools would be raised to a maximum of $200,000 from its current $146,000 threshold.
House Bill 4053 would change the rate of compensation for members of the State Board of Education. This measure would change the current compensation rate of $100 per day to a rate of $500 per month.
House Bill 4096 would increase the veterinary fee for each cat and dog vaccinated for rabies. Any owner of a cat or dog whose animal is vaccinated for rabies at a clinic sanctioned by a county commission would be charged $8 per vaccination, raised from the current fee of $4 per vaccination.
House Bill 4141 would authorize patients or residents of certain health care facilities or homes to allow specified non-relatives to receive the same visitation privileges as immediate family members. The bill would establish new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities by permitting resident visitation privileges for non-relatives unless otherwise requested by the patient or legal designee.
House Bill 4156 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. The bill would allow the State Police to require any person convicted of a felony to provide a DNA sample to be used for the sole purpose of criminal identification, provided that the request for the sample was made while the criminal was under the supervision of the criminal justice system.
House Bill 4257 would increase the amount of prizes that may be given in the conduct of charitable raffles without a license. The bill would raise the amount that can be awarded for a single raffle to $4,000 and the annual cumulative amount to $15,000.
House Bill 4271 would require all schools to permit students to self-administer asthma medication. A student enrolled in a public, private, parochial or denominational school located within West Virginia would be permitted to self-administer asthma medication as long as the parents or guardians of the student provide the school with written authorization and a written statement from the student’s physician or advanced practice registered nurse; the student has passed an assessment by the school nurse evaluating the student’s technique of self administration and understanding of the appropriate use of the asthma medication; and, the parents or guardians of the student acknowledge in writing, that the schools and their officials
House Bills that have completed legislative action since Feb. 19th:
House Bill 4011 brings terminology in the West Virginia Personal Income Tax Act into conformity with their meanings for federal income tax purposes. House Bill 4012 updates the meaning of “federal taxable income” and other terms used in the state’s Corporation Net Income Tax Act. Terminology addressed in this legislation will adhere to the definitions used for federal income tax purposes.
House Bill 4287 removes certain provisions of current law pertaining to salaries for certified employees.
House Bill 4348 will expire funds to the Treasurer’s Office – Banking Services from the Treasurer’s Office – Unclaimed Property Trust Fund.
House Bill 4349 makes technical corrections to sales tax law and would update the current law relating to the Streamlined Sales and Use Tax Agreement among the states to continue the state’s role as a decision-maker in executing the agreement would be exempt from any liability as a result of any injury arising from the self-administration of asthma medication by the student.
House Bill 4297 would clarify that a county board of education and its superintendent may designate where competency testing for service personnel will be held.
House Bill 4308 would provide immunity from civil damages to any worker, contractor, engineer or architect who, in good faith, provides services or materials for the installation of universal accessibility features if the action is done without pay. Also, to receive immunity, the accessibility feature that was built must be in accordance with applicable state and federal laws.
House Bill 4364 would include Division of Forestry employees in the assault and battery statute with similar state personnel. State law currently provides specific sentencing for unlawfully, knowingly and intentionally assaulting certain state employees while acting in their official capacity. This measure adds the employees of the Division of Forestry to that list of state personnel protected by this Code section.
House Bill 4374 relates to manufactured housing construction and safety standards. This bill would allow the West Virginia Board of Manufactured Housing Construction and Safety to issue a cease and desist order and impose penalties on anyone conducting business with regard to manufactured homes. Under provisions set in this bill, anyone engaging in business without a valid license would be guilty of a misdemeanor and fined between $200 and $1,000 for a first offense, fined $1,000 to $5,000 and/or 30 days to six months in jail for a second offense, and $1,000 to $5,000 and/or 30 days to one year in jail for a third and subsequent offense.
House Bill 4411 would change certain reporting requirements in the West Virginia Workforce Investment Act. The measure would require the Workforce Investment Council to establish within its strategic fiveyear state workforce investment plan an overall workforce investment public agenda with goals and benchmarks of success for the state, state agencies and for local workforce investment boards. Also, the bill would create the Workforce Investment Interagency Collaborative Team as the single state source for addressing issues or concerns relating to workforce development.
House Bill 4433 would create the crimes of abuse and neglect and misuse or misappropriation of the funds or assets of elderly persons. Current law provides this protection for incapacitated adults only.
House Bill 4434 would expand the possible venue where a child neglect or abuse petition may be filed. The bill would allow for petitions to be filed in a circuit court of the county where the custodial respondent or another named party resides and in the county where the neglect or abuse occurred, as well as where the child resides, which is currently enacted.
House Bill 4450 would permit the sale of timber severed in a state park incidental to construction activities. The sale of timber would be permitted if the construction is authorized by the Legislature and the sale of the timber is in the best interest of the of park development.
