Friday, March 29, 2024
Friday, March 29, 2024

In the Senate

As of 4 pm, Wednesday, March 23, 2005, the 43rd day of the Regular Session, 740 bills have been introduced in the Senate. Of those, 30 have passed since March 17 and have been sent to the House for its consideration. These include:

Senate Bill 30 would discontinue the use of a prior approval system for insurance rate and form filing. It also states that policy terms, which require a policyholder to repair or replace fire-damaged structures, are valid.

Senate Bill 121 would allow a West Virginia citizen to renew his or her hunting license or stamp by providing a State of West Virginia resident or nonresident hunting license from the previous hunting season that displays a certificate of training.

Senate Bill 147 would require that drugs which contain as their single active ingredient ephedrine, pseudoephedrine, or phenylpropanolamine be sold behind a pharmacy counter and be dispensed only by a pharmacist or pharmacy technician. This measure is designed to limit access to drugs used in the manufacturing of methamphetamines.

Senate Bill 159 would authorize a city, county or metropolitan government to form a consolidated local government with another city, county or metropolitan government. Citizens of the affected area would have to vote to approve the measure before consolidation could take place.

Senate Bill 166 would authorize the Secretary of Administration to sell 2.25 acres of land on Buffalo Creek in Logan County. Money from the sale of the property would be deposited into a special fund within the Department of Administration and would be used to improve or renovate the State Capitol Complex.

Senate Bill 191 would authorize the state Supreme Court and the Department of Health and Human Resources to set up mental hygiene programs in a limited number of counties. People who have been hospitalized twice for a mental illness within the last 24 months or convicted of a violent crime where mental illness played a significant role could be temporarily ordered to take a prescribed medication, be hospitalized or participate in other treatments.

Senate Bill 253 would allow the Insurance Commissioner to waive or reduce a penalty against an insurer for filing a late tax return.

Senate Bill 256 would require insurance companies to inform policyholders upon issuing or renewing a fire insurance policy if flood damage is not covered. In addition, information on flood insurance from the insurer’s agent or the National Flood Insurance Program would have to be provided. It also adds a new section that would specify that the Insurance Fraud Prevention Act apply to Farmers’ Mutual Insurance Companies.

Senate Bill 262 would provide that a member of the State Police Retirement System, who is partially disabled, could still receive benefits if he or she is employed in an administrative law enforcement position only, such as Sheriff or Chief of Police. Also, newly hired law enforcement employees would receive a physical examination that would be placed in their file upon entry into the system. As well, the bill would provide that employees may use unused leave at the end of retirement to acquire additional credited service but may not use it to purchase Public Employee Insurance Agency (PEIA) insurance until the age of 55.

Senate Bill 264 would make it mandatory for those eligible for the Teacher’s Defined Contribution Retirement System to participate in the system. Also, contributions that are withheld by the employer would have to be paid into the system within 15 days at the end of a pay period. Permanent total disability would be redefined for new hires after July 1, 2007.

Senate Bill 270 would increase from 10 to 30 days the amount of time an insurance company, health care corporation, examined rating organization or advisory organization has to prepare any rebuttal to findings contained within a report by the Insurance Commission examining the company or corporation’s financial records or organization’s relevant books and records. The number of required examinations is reduced from once every four years to once every five years.

Senate Bill 278 would require any bank holding company which controls a state banking institution to maintain a list of all stockholders who own or control more than five percent of the company’s outstanding shares.

Senate Bill 425 would clarify that all deputy sheriffs’ credited service from the Public Employees Retirement System (PERS) was transferred to the Deputy Sheriff Retirement System when it was created. It also would establish the procedures and payments for an employee and employer when a member has another job that requires membership in another retirement plan under the Consolidated Public Retirement Board (CPRB).

Senate Bill 433 would increase the membership of the Environmental Protection Advisory Council from seven to nine council members. It also would allow a meeting to be called at the written request of four council members.

Senate Bill 456 would define a cure offer as an offer of one or more items of value sent from a merchant or seller by certified mail to a consumer that claims to have suffered a loss as a result of a consumer transaction. A consumer would have 20 days to respond and 10 days to accept or decline.

Senate Bill 467 would authorize the Director of the Division of Protective Services to assess, charge and collect fees for the Division to provide safety and security to the State Capitol Complex and other state property.

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