As of 4 p.m., Wednesday, January 18, 2006, the eighth day of the 2006 Regular Session, 692 bills have been introduced in the House of Delegates. Of those, two bills have been passed by the House and sent to the Senate for its consideration. The bills that have passed are:
House Bill 2136 would require the clerk of the county commission to execute, record and post in a prominent place in the county record room, a disclaimer of the validity and enforceability of certain restrictions and covenants in deeds. The document would contain a disclaimer stating the following: It is the law of this state that certain covenants or restrictions that are based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable.
House Bill 4007 would update appraisal standards employed by the Public Land Corporation to determine fair market value of public lands. Under this bill, sales, exchanges or transfers of public land would be conducted under competitive bidding procedures, unless the secretary determines it necessary to assure public policies.
A Sampling of Bills Introduced in the House
House Bill 2134 would provide a two-tiered personal income tax credit for parents who provide home schooling. A parent or legal guardian who is a resident of West Virginia would be entitled to receive a tax credit against his or her personal income tax liability. The tax credit would be effective upon completion of a school year in the amount of $500 per child for providing home schooling and in the amount of $1,000 per child for providing private schooling pursuant to the educational requirements set by the State Board of Education for primary and secondary programs and standards.
House Bill 2208 would make available to retired participants in the Public Employees Insurance Agency (PEIA) the optional dental, vision, and audiology and hearing-aid services that are available to current employees. Public employees insurance participants would be able to elect to participate in any one of these plans separately or in combination.
House Bill 3176 would clarify the exemption for property used by not for profit, tax exempt corporations operating homes for the aged or continuing care retirement communities from property taxes.
House Bill 4010 would create the Office of Family and Child Protection Ombudsman to safeguard abused and neglected children and families. The Ombudsman would coordinate efforts on behalf of children and families, work with advocacy groups, and advocate or promote reforms and changes in law necessary to enhance the protection of children and families involved in abuse and neglect cases.
House Bill 4016 would amend West Virginia Code to require certification that the offer of proof of the value of property sought to be introduced in an action or suit be at least 90 percent accurate.
House Bill 4018 would create quarterly meetings of the Community Corrections Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction and increase revenue to the West Virginia Community Corrections Fund. The committee would be assigned responsibility by community criminal justice boards and be comprised of 15 members of the Governor’s Committee including: a representative of the Regional Jail and Correctional Facility Authority; someone representing the interests of victims of crime; an attorney employed by a public defender corporation; an attorney who practices criminal law; a prosecutor; and, a representative of the West Virginia Coalition Against Domestic Violence.
House Bill 4020 would introduce flexibility in health insurance plans to allow insurers to offer basic benefits. This would include preventive and primary care services at affordable prices. The authorized sale of policies with limited benefits including physicians, inpatient and outpatient care, with an emphasis on preventive and primary care, would help provide insurance coverage to many West Virginians without any such coverage.
House Bill 4021 would establish a pilot program overseen by the Health Care Authority. Through the program, it would be determined if the method of providing primary and preventive health services to subscribers for a prepaid fee could be expanded on a statewide basis.
House Bill 4032 would authorize the Consolidated Public Retirement Board to charge employees who participate in a state retirement system and fail to pay retirement collections in a timely manner. The delinquency surcharges would approximate the interest of earnings lost as a result of late payment with a minimum surcharge of $50 per month.
House Bill 4041 would provide limited immunity to persons who volunteer their services in good faith to public health departments. The limitation of liability would not apply to intentional tortuous conduct or acts of gross negligence.
House Bill 4045 would prohibit the state of West Virginia and its political subdivisions from exercising eminent domain to advantage one private property owner over another and only in cases when it is necessary for public use. Public use would be determined as the possession, occupation, and enjoyment of the land by the general public or by public agencies; or the use of land for the creation of public utilities. Private property would be taken or damaged if the land serves a harmful effect, to remove a public nuisance, if the structure is beyond repair or unfit for human use. The public benefits of economic development, including an increase in tax base, tax revenues, employment and general economic health would not constitute a public use.
