As of 4 p.m. Feb. 23, 2005, the 15th day of Regular Session, 623 bills have been introduced in the House of Delegates. Of those, 12 have passed the House and will now go to the Senate for its consideration. Some include:
House Bill 2444 would make a DUI conviction dependent upon the finding of guilt or a no contest plea. The bill also would require anyone who is convicted of more than one DUI during a 10-year period to participate in the Motor Vehicle Alcohol Test and Lock Program for Repeat Offenders. The program would order a Breathalyzer device in any vehicle the person drives and would keep the vehicle from functioning if the device detects any alcohol. The person also must blow into the device intermittently while driving. Existing law revokes the person’s license for growing periods of time with each conviction.
House Bill 2328 would allow written advisory opinions and rulings from the West Virginia Ethics Commission Committee to be used as an absolute defense in certain criminal actions and to set precedence for similar rulings. This bill would strengthen the rulings of the Commission Committee and reduce duplicate decisions.
House Bill 2177 would establish a new state license plate to designate city or municipality law enforcement officers. Each municipality would be required to submit a list of law enforcement vehicles to the Commissioner along with a $10 fee for each vehicle.
House Bill 2333 would establish a program that limits liabilities which could arise for a landowner during the reclamation of land or the curtailing of water pollution. The bill would allow exemptions from liability for persons who provide reclamation equipment. These measures are being proposed to encourage the voluntary reclamation of lands that have been negatively affected by mining, aid in the protection of wildlife, decrease soil erosion, aid in prevention, lessen the pollution of rivers and streams, protect and improve the environmental values of citizens and to eliminate health and safety hazards.
House Bill 2449 would allow the West Virginia Board of Manufactured Housing Construction and Safety to continue until July 1, 2011. The Board, with six members and a Commissioner each appointed by the Governor, oversees manufacturer licenses, dealers and manufactured home installers that conduct business in the state. The Board also revokes or suspends licenses in accordance with set standards, and sets the amounts of license fees and bonds.
A Sampling of Bills Introduced In the House
Education
House Bill 2461 would require county superintendents of schools to maintain a database of each student who drops out of school before completing his or her degree. At the end of each semester, the County Superintendent would report the names and mailing addresses of students who have dropped out of school to the State Superintendent of Schools and the Director of the Mountaineer Challenge Academy.
House Bill 2463 would allow the State Superintendent to designate a geographical area a “School Choice Zone” if multiple school district transfer appeals were received from the same area. Any student residing in the “School Choice Zone” would be able to attend school in a neighboring county if they so chose.
Fire Fighting and Prevention
House Bill 2513 would increase a surviving spouse’s death benefits under a municipal police officer’s or firefighter’s pension from 60 to 80 percent of the member’s pension. The surviving spouse or dependents of any member who dies from service rendered through the member’s duties would receive the same death benefits as a member who has been in continuous service for more than five years. This would be regardless of the length of the member’s service, or whether that member was receiving disability pension or temporary disability payments at the time of his or her death.
Food and Food Services
House Bill 2580 would implement a plan to phase out the consumer sales tax on food over a 10-year period. If passed, beginning July 1, 2005 and each following year, the general consumer sales and service tax on food would be reduced by the same amount of the increase over last year’s revenue collections of the tax.
Funds
House Bill 2506 would create the West Virginia Military Family Relief Fund. The Department of Tax and Revenue would place a provision on West Virginia personal income tax returns for taxpayers to designate a portion or all of his/her tax refund to the West Virginia Military Family Relief Fund. The Department of Military Affairs and Public Safety, with the advice of the Adjutant General, would have the power to make grants from the Fund to families of members of the West Virginia National Guard and to residents of this state who are members of the reserves of the Armed Forces of the United States who have been called to duty since Sept. 11, 2001. Funds paid into the account also would be derived from interest to the account, or any gifts, grants, transfers or other donations which may be received from any governmental entity or any person, firm, foundation or corporation. Any interest or other earnings would remain in the Fund at the end of any fiscal year and would not revert to the General Fund.
Legislature
House Bill 2003 would restrict legislative members’ expense claims the following ways: Current interim compensation would be reduced; only “reasonable and necessary” expenses from members would be repaid; receipts would have to be presented by legislative members to make expense claims; legislative members, with some exceptions, would not be able to receive a “per day” payment for more than three days during an extension of the Regular Session solely for budget consideration; travel expenses would be restricted to the continental United States; with certain exceptions, no more than five members of each house would be reimbursed for travel to any one event; and, a legislative member would not be eligible for travel more than once a year.
