Thursday, March 28, 2024
Thursday, March 28, 2024

In the House

As of 4 p.m., Wednesday, January 25, the 15th day of the 2006 Regular Session, 754 bills have been introduced in the House of Delegates. Of those, 17 bills have been passed by the House and sent to the Senate for its consideration. The following 15 bills also were passed by the House since Thursday, January 19:

House Bill 2329 would authorize a court to order a defendant to contribute monetarily or through service hours to a local crime victim’s assistance program or juvenile mediation program. The defendant convicted of a felony or misdemeanor who caused physical, psychological or economic injury or loss to a victim, in addition to other penalties, could be required to use personal time or money to particular non-profit causes approved of by circuit court judges.

House Bill 2448 would create a new felony offense for the theft of mail and the possession of stolen mail. If convicted, the defendant would be imprisoned for a period of 1-5 years with a fine of no more than $2,500. However, misdirected or misaddressed mail would be exempt from this measure.

House Bill 2945 would prohibit solicitors who request water samples from state residents from doing so unless they attach a note that would identify the name of their company, the address and telephone number. Violators would be charged $200 for each violation.

House Bill 3212 would establish a misdemeanor offense for first-time intimidation against public officers and employees, jurors, witnesses and informants, including elected and appointed officials. A felony would be established for second time offenders.

House Bill 3213 would establish various offenses of assault and battery against any person who operates a vehicle used for public travel. Those found guilty of malicious assault on a driver could receive 3-15 years in a state correctional facility. If the attack is committed without malice, making it an unlawful assault, a person could be sentenced to 2-5 years in a correctional facility.

House Bill 4011 would create a special unit within the state police specializing in child abuse and neglect investigations. It would be named the State Police Child Abuse and Neglect Investigations Unit and would focus on identifying, investigating and prosecuting criminal child abuse and neglect cases, in coordination with Child Protective Services. The investigation unit would include a minimum of six State Police members as well as five regional members who would coordinate investigations with other law enforcement personnel for cases of suspected child abuse or neglect.

House Bill 4012 would create a state child abuser registry and establish penalties for persons convicted of child abuse or neglect for failure to properly report registration information. A registrant would be required to provide their full name, including aliases and nicknames. Furthermore, the registrant’s address, social security number, fingerprints, a description of the registrant’s crime(s) and the address where they intend to work would be included in the registry.

House Bill 4019 would repeal the section of State code that directs the Legislature to prepare and distribute a digest or summary of the Budget Bill each year after its passage.

House Bill 4021 would create a pilot program of health care participants to provide primary and preventive health services for a prepaid fee. Participants in this program would be health care clinics and private medical practitioners. A Commission on Health Care Reform would be established with this legislation and the Appalachian State Health Plan would be created to provide health care coverage to state citizens.

House Bill 4037 would correct definitions that would apply to the assessment of real property. This legislation would provide that all real property “used and occupied exclusively for residential purposes” is taxed as Class II property. Also, this legislation would allow a second home to be classified as Class II property. The amendments in this bill would be effective retroactively for July 1, 2005, for tax year 2006 and thereafter.

House Bill 4038 would allow surplus personal computers and technology owned by state organizations to be donated and transferred to county school boards for educational purposes. Donated technology would be inspected by state authorities to ensure that it meets the minimum criteria for use within the public school system. If approved, the computers would then be advanced to the State Agency for Surplus Property and the Department of Education.

House Bill 4040 would require voter approval before a closure or consolidation of certain schools with grades eight or below in situations when new building construction or an addition of two or more classrooms are involved, provided the closure or consolidation was not included in a local bond issue levy approved by the voters. Before any decision of a county board on a proposal to close or consolidate a school can be finalized, the board would be required to conduct a public hearing. Also, a petition of voters is required for elections to be held.

House Bill 4048 would prohibit the use of eminent domain for private interests. With this bill, eminent domain could not be used for the purposes of private retail, office, commercial, industrial or residential development. This would not apply to property that is considered to be in blighted or slum areas.

House Bill 4049 would create the “Higher Education Grand Fund.” Furthermore, this measure would expand eligibility for the PROMISE scholarship to particular students who attend high school outside of West Virginia, due to a parent(s)’ involvement with the U.S. military. Funding for the PROMISE Scholarship would be capped at 2 percent growth per year; thus, any higher education provider in the state would be required to set tuition hikes at 2 percent as well.

House Bill 4069 would continue the Rural Health Advisory Panel until July 1, 2009. The Rural Health Advisory Panel oversees the administration of the West Virginia Rural Health Education Partnerships and advises the Vice Chancellor for Health Sciences of the Higher Education Policy Commission.

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