Monday, December 23, 2024
Monday, December 23, 2024

In the Senate

As of 4 p.m. Wednesday, February 22, the 43rd day of the 2006 Regular Session, 774 bills have been introduced in the Senate. Sixty-three bills have been passed by the Senate and sent to the House for its consideration. The following bills are a sampling of those passed by the Senate since Thursday, February 16:

Senate Bill 47 would require that a governing body or a planning commission couldn’t discriminate in regard to housing. Moreover, they would not be able to require a factory-built home or its owner to obtain a permit. However, the provisions of this bill would not exempt factory-built homes from meeting the structural requirements of a historic preservation district.

Senate Bill 112 would establish an Alzheimer’s Disease Registry to be housed at West Virginia University. This registry would serve as a central information database for Alzheimer’s disease policy and planning. The registry would provide a central database of individuals with Alzheimer’s disease or related disorders. The information collected for this registry would be confidential, and no publication of information could be made that identifies the patient by name.

Senate Bill 183 would allow members of Lions International to receive special registration plates. To receive such a plate, Lions members would be required to prove that they are members of Lions International. The Division of Motor Vehicles (DMV) would charge an application fee of $10 as well as those fees that are already required by law. This special fee would compensate the DMV for additional costs and services required for issuing a special registration. These fees would be collected by the DMV and deposited in a special revolving fund to be used for the administration of this section.

Senate Bill 223 would change the manner in which health care and insurance agencies are examined by increasing the times that inspectors, such as insurance agents and health care entities, have to respond to reports from the Insurance Commissioner. The Commissioner previously had one year to respond, but the provisions of this legislation would require that at least once every five years they would be required to visit each health care corporation and examine its financial condition and business methods.

Senate Bill 236 would expand the definition of child abuse so it includes parental alcohol and substance abuse. These new provisions are defined as being an “imminent danger to the physical well-being of the child.” The definition would be expanded to include: abusing parent(s) or guardian(s) who have habitually abused or are addicted to alcohol, controlled substances or drugs to the point where they are unable to exhibit proper parenting skills.

Senate Bill 439 would strengthen the one-call system requirements for excavation work in the vicinity of pipelines by increasing the number of emergency response agencies to be notified in the event of resulting damage. An added provision to this legislation would require the operator of an underground facility to notify the excavator that the operator went to the site but did not leave a temporary marking of the location of underground facilities because there were no lines in the area of the proposed excavation or demolition. Another added provision would require that each intended operator report immediately to the appropriate medical, law-enforcement and fire prevention authorities about any break or leak in underground facilities. This provision also states that any damage to the facility that is made during the excavation be reported as well.

Senate Bill 467 would modify the employee group requirements for group life insurance. The provisions in this legislation would provide that the premium for group insurance policies be paid from the employer’s funds or from funds contributed by the insured employees. They could also be paid collectively by both. The provisions of this legislation would conform to the National Association of Insurance Commissioner’s model language.

Senate Bill 468, which relates to group accident and sickness insurance requirements, would remove the provision that stated if the premium is paid by the employer and employees jointly, then the group would not make up less than 70 percent of all employees or not less than 75 percent of all employees of any class or classes as they are determined by the conditions of employment.

Senate Bill 548 would define “basic universal design” to mean the design of products and environments that are usable by all people, to the greatest extent possible, without the need for adaptation or specialization as it relates to the basic universal design features.

Senate Bill 614 would add that after providing a 30 day notice to employees, the State Auditor would have the ability to provide electronic notification of payment for all direct deposit recipients. With this provision, an employee would have the ability to choose to receive electronic notification 30 days before the electronic notification is regularly made. This choice would have to be clarified by an employee on a form provided by the Auditor. This would be made effective July 1, 2006.

Senate Bill 631 would clarify the warrant and complaint process when a parent or guardian fails to comply with school attendance laws and a magistrate finds probable cause to believe that a guardian has committed an offense. This legislation would add that more than one legal guardian could be charged in a complaint. Initial service of a summons or warrant would be attempted within 10 calendar days upon receipt.

Senate Bill 632 clarifies electioneering communications, including definitions. This bill would exclude candidates for federal offices from the requirement to disclose electioneering communications. Moreover, the provisions of this legislation would not prohibit a corporation from directly communicating with its stockholders and executive personnel and their families on any subject.

Senate Bill 634 would exempt certain projects of West Virginia University and Marshall University from the Design-Build Procurement Act. The provisions of this legislation would require that a project consist of the alteration of a building(s). Some criteria that a higher education institution must meet to be exempt from the requirements of the Act would include: if the development agreement provides that all construction contracts require the payment of prevailing wages and that all costs of design and construction can be financed and paid for by the developer.

Senate Bill 635 would require that boards of education take out flood insurance on certain buildings that they own and the buildings’ contents. Any building that is within the identified flood hazard area on a flood hazard boundary map, labeled as a regulatory 100 year flood-plain and has a replacement value greater than $300,000, would be required to be insured by a board of education.

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