Thursday, April 18, 2024
Thursday, April 18, 2024

In the Senate

As of 4 p.m., Wednesday, February 1, the 22nd day of the 2006 Regular Session, 460 bills have been introduced in the Senate, including 105 rule-making bills. Eighteen bills have been passed by the Senate and sent to the House for further consideration. The following seven bills were passed by the Senate since Thursday, January 26:

Senate Bill 7 would establish the State Flood Protection Planning Council, authorize certain duties and require reporting to the Joint Legislative Oversight Commission on Water Resources. The Council would consist of five members and designate one member in rotation to be chair for a term of two years and meet, at least, quarterly.

Senate Bill 51 would allow a name change for persons born in, married in and previously were residents in a county in West Virginia for at least 15 years where the petition is brought. This would assist those who lived in the state for a period of time then moved away, and now wish to have a name change due to divorce or other circumstances.

Senate Bill 242 would allow state-chartered banks to issue more than one class of stock. The shares must have a value of at least $1 and no more than $100 each.

Senate Bill 244 clarifies investment limitations for state chartered banks. The bill would not allow state-chartered banks to invest or expend more of their capital and surplus on permitted activities on an aggregate basis together with any of their approved financially related products and services than would be allowed for a national bank providing the same services, unless waived by the commissioner.

Senate Bill 271 would reduce the time period that state banks are required to retain records from six to five years. This legislation is in compliance with federal requirements.

Senate Bill 370 would exempt farming equipment and livestock from personal property taxation.

Senate Bill 371 would reduce the rate of tax paid on the privilege of severing timber after December 31, 2006.

A Sampling of Bills Introduced in the Senate

Senate Bill 281 would create the All-Terrain Vehicle (ATV) Responsibility Act. This would set rules for ATV outfitters and licensees to require them to maintain all equipment and facilities; provide helmets; supply age and size appropriate vehicles to minors (under 18); not rent to minors without consent of a parent or guardian; provide supervision or make sure the parent is providing supervision to minors under the age of 16; and, have every guide certified in CPR and ATV safety training. Under this bill, riders must maintain control of the vehicle, not tamper with any vehicle, obey all rules and wear proper safety equipment.

Senate Bill 284 would deter the practice of setting couches on fire in public rights-of-way by defining such activity as arson in the fourth degree. Upon such conviction, a person would be sentenced to a state correctional facility for no less than one year, or fined to less than $2,500, or both.

Senate Bill 286 would authorize counties and municipalities to restrict limited video lottery locations from being within 2,000 feet of a church, local or state government, school or community center. It also may require the locations to be in industrial zones and no closer than 5,000 feet from another limited video lottery location. This bill also would allow a municipality without a planning commission to adopt an ordinance that would limit areas where businesses may offer limited video lottery. The Lottery Commission Director would supervise and administer licenses for limited lottery locations and register the terminals and equipment used. Effective July 1, 2006, upon passage of the bill, the Lottery Commission would reduce the number of video lottery machines in the state to 4,500 through attrition and restrictions on the sale and transfer of licenses.

Senate Bill 368 would provide housing supplements for members of the West Virginia State Police. The payments would be made in equal monthly installments and should be considered a part of the state minimum salaries of the member of the State Police. Beginning July 1, 2006, members of the State Police who reside in a county in which the average monthly mortgage payment is greater than $700 would receive an annual housing supplement determined accordingly: mortgages ranging from $700-745 would receive $300; $745.01-760 would receive $600; $760.01-790 would receive $900; $790.01-820 would receive $1,200; $820.01-850 would receive $1,500; $850.01-890 would receive $1,800; $890.01-930 would receive $2,100; and, $930.01 and above would receive $2,400.

Senate Bill 420 would restrict billboard advertising of exotic entertainment establishments within one mile of state highways, except if the business itself is located within that mile. In this case, the business could only display a maximum of two exterior signs on the business premises, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. The sign could be no larger than 40 square feet in size with only the name, address, phone number and hours of operation. Signs that existed before the effective date that do not conform to these requirements could remain the same, but must be changed to conform within three years of the effective date.

Senate Bill 422 would allow frequent commuters on the West Virginia Turnpike to turn in accumulated toll receipts that equal the cost of a yearly commuter pass for a commuter pass for the remainder of the calendar year.

Senate Bill 430 would increase the penalties for those convicted as sex offenders and for failing to register as a sex offender. The bill also would provide notice to residents within 1,000 feet of the residence of the sex offender and make it mandatory for a sexually violent predator to wear a GPS device, upon release, monitored by the State Police.

Senate Bill 437 would change the scenic license plate issued by the Department of Motor Vehicles to display the new motto, “Open for Business,” and a portrait of the New River Bridge Arch.

Senate Bill 440 would allow unborn children to be eligible for coverage under the West Virginia Children’s Health Insurance Program.

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