As of 4 p.m., Wednesday, January 24, 2007, the 15th day of the 2007 Regular Session, 208 bills have been introduced in the State Senate. Of those, five have passed the Senate and will now go to the House for its consideration. These include:
Senate Bill 138 would remove from state law a provision that would allow a magistrate, at the request of a defendant, to require the posting of security by a nonresident plaintiff to cover court costs.
Senate Bill 139 would clarify that name change petitions in circuit court family courts, are to be denied if the court finds the petitioner is seeking the name change for illicit reasons or has misrepresented any facts required to be verified in the petition to the court.
Senate Bill 140 would clarify that $10 of fines and fees collected in civil and criminal cases in magistrate court be deposited into the magistrate court fund.
Senate Bill 141 would provide that family court has jurisdiction over all petitions for sibling visitations.
Senate Bill 142 would provide a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix. Iodine matrix is considered to be a drug associated with the manufacturing of methamphetamine. Anyone who violates this is guilty of a misdemeanor and upon conviction may be fined up to $10,000. Provisions in the bill exempt a variety of professionals.
A Sampling of Bills Introduced In the Senate
Senate Bill 124 would give a tax credit to underground mine operators who purchase certain equipment intended to improve miner health and safety. The credit goes against the severance tax or the business finance tax for up to half of the cost of the equipment.
Senate Bill 130 would excuse active duty military personnel who are serving outside the state from paying ad valorem taxes, Latin for “according to value,” on one full or partly-owned motor vehicle. The serviceperson must be stationed outside the state on July 1 of the assessment year to qualify for the property tax exemption.
Senate Bill 133 would require health insurance companies to cover smoking cessation services and techniques in a beneficiary’s policy. Consultation, examinations, drugs, or counseling are among the techniques that must be included in the health plan coverage by this bill. Health Insurance companies are banned from imposing a deductible, co-payment, or other cost-sharing mechanism, or waiting period for any approved prescription or service. To ensure that these requirements are met, the Insurance Commissioner would oversee all complaints, and determine if a violation has occurred. In the event that an infraction is found, several penalties can be imposed, including a fine of $10,000, with an extra $10,000 for every 30 days the plan is still not in compliance; or a suspension of the health insurer’s certificate of authority.
Senate Bill 135 would change a current West Virginia law to include spouses of Army, Navy, or Marine personnel killed in action, or who have died as a result of illness resulting from their war service, to receive educational aide resources. Currently, state laws only provide this opportunity to the children of the personnel. The State Fund would give $5,000 each fiscal year that the child or spouse attends post-secondary education or a training institution, and would waive the tuition fee for spouses who meet certain qualifications. A spouse cannot be older than 40 and he or she must be listed as a West Virginia resident.
Senate Bill 137 would regulate the use of “black boxes” that are installed by motor vehicle manufacturers in newer models. A “black box” is a device that records vehicular data such as how fast a car is traveling, where it travels, steering and brake performance, and seatbelt status, and in the event of an accident this information is sent to a central communication system. This bill regulates who may retrieve or download the recorded information other than the owner of the vehicle. It may be recovered with the owner’s consent, a court order, by an auto technician for diagnostic or repair purposes, or by the manufacturer for the purpose of safety and impact research where the owner’s name is not disclosed.
Senate Bill 146 would provide a tax credit to medical providers in the amount equal to their expenditures on electronic medical records technology.
Senate Bill 147 would amend a current West Virginia Code that presently allows counties to call for a three percent Occupancy Tax. This bill would raise the amount to six percent of the retainer paid for the use or occupancy of a hotel room, and if passed, it would be effective on July 1, 2007.
Senate Bill 154 would authorize the West Virginia Secondary Activities Commission to create and inform the community about a mandatory drug testing program for student athletes. The Commission would have the ability to establish a procedure for appeal, publish a list of banned substances, and create a medical advisory board. Any student athlete who tests positive, refuses to test, or reports his or her own violation must forfeit any individual honor received while in violation and would not be eligible for sports until he or she has undergone counseling and produced a negative result.
Senate Bill 155 would give County Commissions the authority to establish a tax on alcoholic beverages sold at private clubs within their territory, as well as the authorization to establish a special account for the deposit of funds received from the aforementioned tax. Any tax determined by the County Commission cannot exceed 35 percent of the drink’s cost.
Senate Bill 160 would establish the Flood Protection Planning Council. The council would consist of five members, including the Director of the Division of Natural Resources, the Secretary of the Department of Environmental Protection, the Executive Director of the West Virginia Conservation Agency, the Secretary of the Department of Military Affairs and Public Safety, and the Secretary of Transportation; while giving each member the ability to appoint a designated replacement. An Advisory Committee with members from relevant state and federal agencies would assist the council in its duties. A Joint Legislative Oversight Commission on Water Resources would oversee and approve the expenses of the council.
Senate Bill 163 would make the destruction of a landlord’s rental property a criminal offense if the tenant were found to act with reckless disregard. If the damage is greater than $300 but less than $1,000, then the tenant would be charged with a misdemeanor and upon conviction could be fined up to $300 or up to six months in jail, or both. If the damage is greater than $1,000, then the tenant would be charged with a felony offense and upon conviction could be fined up to $1,000 or sentenced to jail from one to 10 years. This bill also establishes the use of video or photographic evidence of the destruction, in conjunction with credible and trustworthy testimony, as proof of the offense.
Senate Bill 167 would relate to requiring the Department of Health and Human Resources to develop in-state treatment facilities for children with special needs. Children respond better in treatment when families are involved.
