Friday, May 17, 2024
Friday, May 17, 2024

In the Senate

As of 4 p.m., Wednesday, February 25th, 2004, the 43rd day of the 2004 Regular Session, 712 bills have been introduced in the Senate. Of those, the following 13 bills have been passed by this body since February 18th and are currently under consideration in the House of Delegates.

Senate Bill 147 would allow the transfer of unappropriated surplus between the State Excess Lottery Fund and the State Lottery Fund when the other fund has a real or anticipated deficit. In any year that a surplus of funds found in the State Excess Lottery Fund the Secretary of Tax and Revenue can authorize a transfer of certain net profits to the State Lottery Fund.

Senate Bill 160 would extend for three years the ability to appropriate funds from the Public Employees Insurance Agency Reserve Fund to the Bureau for Medical Services. The fund would consist of monies that were appropriated by the Legislature and monies that are transferred annually.

Engrossed Committee Substitute for Senate Bill 165 would simplify the state higher education tuition and fee system by fixing the amounts set for each school term for different classes or categories of students enrolling at each state institution.

Senate Bill 214 would allow the Board of Landscape Architects to set all fees, except renewal fees, imposed by the Board. The fees set on July 1, 2003 would remain in effect until all new fees are set by rule.

Senate Bill 286 would allow the Division of Banking to charge and collect the actual expenses incurred during an examination process. The Division of Banking conducts examinations on financial institutions that include consumer lenders. On a yearly basis, the Division imposes an assessment on regulated consumer lenders.

Senate Bill 317 would allow the Commissioner of the Division of Corrections to increase the parolee supervision fee from $20 to $40. Some other provisions of this bill would include that a parolee may not violate any criminal law of the state, may not leave the state without consent, and the parolee would be required to comply with all rules applied by the Division.

Senate Bill 321 would provide for the continuance of a personal income tax adjustment to certain retirees’ gross income. This would occur if the retiree received pensions from an employer-provided defined benefit plan that terminated and is being paid a reduced maximum benefit guarantee.

Senate Bill 402 would correct inconsistencies between statutes relating to Board of Risk and Insurance Management’s (BRIM) rule-making authority. Currently West Virginia Code requires all BRIM rules to go through the legislative rule-making process, but exempts certain rules from the rule-making procedure. The amendment would delete the broad reference to rule-making authority contained in the Code, while preserving BRIM’s authority to make rules regarding minimum contract terms and the waiting period for entry into the BRIM programs by political subdivisions.

Senate Bill 410 would extend the coverage for education and technical training to children of deceased members of the military.

Senate Bills that have completed legislative action since Feb. 19th:

Senate Bill 258, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, allows law enforcement officers to enforce out-of-state protection orders if they have probable cause that a valid order exists and has been violated. This measure is similar to those adopted in other states and is intended to further facilitate the enforcement of these protection orders.

Senate Bill 449 cleans up inconsistencies in state election law. One of the new provisions would allow county commissions to discontinue the use of voting machines and replace them with a voting system that meets the requirements of “The Help America Vote Act of 2002” six months prior to a primary or general election.

Senate Bill 524 relates to the Council for Community and Technical College Education and the PROMISE Scholarship Board of Control. The bill was a direct result of the State Supreme Court’s ruling in the economic development grants case regarding the appointment of board members by the Governor who have been selected by the Speaker of the House of Delegates and the President of the Senate. Bills Passed by Both Bodies
The bill specifies the period of time which the deceased member must have served. The current law provides children of deceased members of the military with an annual $5,000 benefit to be used for state education or training institutions. Also, the law requires that the child would have to attend a state school or training institution.

Senate Bill 420 would clarify the method of collecting the motor fuel excise tax when a supplier exports fuel to another state provided that the supplier chooses to collect the tax.

Senate Bill 444 would require county litter officers to enforce litter laws. This bill also would encompass the removal and demolition of unsafe structures and the collection of refuse, debris and overgrown vegetation. Under this legislation, the West Virginia Litter Control Program would be enforced and any county commission employing a litter control officer would be required to contact the West Virginia Division of Natural Resources for the proper training.

Senate Bill 532 would repeal the section of the WV Code which requires the inspection of jails. This inspection would no longer necessary because of the establishment of the Regional Jail System.

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