As of 4 p.m., Wednesday, February 8, the 29th day of the 2006 Regular Session, 539 bills have been introduced in the Senate. Thirty-one bills have been passed by the Senate and sent to the House for further consideration. The following 13 bills were passed by the Senate since Thursday, February 2:
Senate Bill 57 would allow a county commission or municipality to request the Commissioner of Highways to designate and operate a traffic control signal as a flashing signal. The Division of Highways would review the request and either grant the request or deny the request in writing. If the request is approved, the county commission or municipality initiating the request would be responsible for the costs incurred by the Division of Highways.
Senate Bill 174 would clarify the earnings information required for the State Police Death, Disability and Retirement Fund. This bill would require that the board annually examine any information available from the State Tax Commissioner as it relates to recipients’ disability benefits. Also, the provisions of this bill would provide for the termination and recovery of benefits for misrepresentation.
Senate Bill 364 would continue the West Virginia Jobs Act and require that the Division of Labor file annual reports. The Division of Labor would have to compile the information and submit it annually to the Joint Committee on Government and Finance by October 15.
Senate Bill 441 would, for the most part, prohibit public display of autopsy photographs allowing publication only in situations when an authorized individual has provided written authorization for the public display of the autopsy photograph. If violated, this bill would allow plaintiffs to seek civil action and recover monetary damages for violations.
Senate Bill 442 would change the requirements for obtaining a graduated driver’s license by changing the expiration date of level one and level two licenses. A level one instruction permit applies to an applicant who is 15 years old and is valid until 30 days after the date the applicant turns 18.
Senate Bill 444 would require that each person occupying a residence or operating a business should use a solid waste collection service and pay the fees established for disposal of solid waste as a defense to a violation of disposal law. Also, this bill would require that those disposing of waste provide proper proof that they have properly disposed of solid waste at least once within every 30-day period. Upon conviction, he or she is subject to a fine of $50- $1,000 in addition to the unpaid fees for every year that a fee is not paid.
Senate Bill 461 would require that issues of water supply apply to both surface and underground mining operations. If passed, the operator conducting a mining operation would be required to provide an emergency drinking water supply within 24 hours, provide temporary water supply within 72 hours and, within a 30 day period, begin to establish a permanent water supply or submit a proposal outlining the measures and timetables to be utilized in establishing a permanent supply.
Senate Bill 479 would expand the funeral expense payment benefit to include all probation officers killed in the line of duty. With the previous passage, the provisions of this bill applied to any safety or emergency worker killed on or after the January 1, 1999, while carrying out his or her official duties.
Senate Bill 480 would increase the amount of time that defendants have to pay costs of criminal proceedings. A defendant who has been involved in criminal proceedings for which he or she has served time in jail or prison would not be held liable for the fines and court costs until 180 days after the completion of a jail or prison term.
Senate Bill 481 would allow any protective order issued by a court of this state, which is served outside the boundaries of this state, to carry the same force and effect as if it had been personally served within this state’s boundaries.
Senate Bill 483 would provide that records of guardian proceedings that involve minors would not be disclosed to any person who is not a party to the proceeding, counsel involved or person presiding over the proceeding. This bill would aim to ensure confidentiality of circuit court records involving guardianship of minors.
Senate Bill 484 would authorize the use of community corrections programs in pretrial supervision. If passed, counties and municipalities would have the ability to establish and operate community corrections programs to be used prior to trial as a condition of bond in circuit and magistrate courts. The chief judge would be required to certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.
Senate Bill 539 would increase the professional qualifications required for the position of Director of the Office of Miners’ Health, Safety and Training. The requirements for the position would require that the candidate be a citizen of West Virginia with a demonstrated interest and five years’ education, training or experience in underground coal mining safety.
A Sampling of Bills Introduced in the Senate
Senate Bill 475 would require routine inspections of acupuncture facilities to be conducted by the West Virginia Acupuncture Board. If the board were to find that a person has violated a rule promulgated under the provision of this bill, the board would be able to take action against the acupuncture facility as if a written complaint had been filed against the person with the board. That person would have 20 days to file a written response to the complaint. Thereafter, the board would investigate the issues.
Senate Bill 490 would exempt the Excise Tax on gasoline or special fuels sold to county aging programs as defined by the Older Americans Act and designated by the Bureau of Senior Services.
Senate Bill 521 would allow the Natural Resources Commission to promulgate rules to permit and regulate the hunting of white-tailed deer in any state park. To do so, the Natural Resources Commission would have to protect the ecological integrity of the area.
