Sunday, May 5, 2024
Sunday, May 5, 2024

In the Senate

As of 4 p.m., Wednesday, February 7, 2007, the 29th day of the 2007 Regular Session, 497 bills have been introduced in the Senate. Of those, 20 have passed this week and will now go to the House for its consideration. Some of the bills include:

Senate Bill 69 would authorize the practice of E-prescribing, by which prescription orders are electronically transmitted between health care providers and pharmacists.

Senate Bill 70 would penalize contractors and subcontractors who knowingly employ workers without the proper state credentials. The penalty would include fines and the partial or complete revoking of said contractor’s contracting license.

Senate Bill 96 would authorize fire department-owned apparatuses to use yellow or amber flashing safety lights.

Senate Bill 134 would require employers to submit member contributions and a summary of member contributions to the Teacher’s Retirement system. This must be submitted 15 days following the end of the calendar month.

Senate Bill 166 relates to the State Teachers Requirement System. The bill would remove the requirement that an employee who is no longer disabled return to his or her former job, provide for reemployment and permit administrative hearings before disability retirement termination. The board may terminate early retirement benefits if someone has fraudulently obtained them. Jail and monetary penalties would be given for fraud.

Senate Bill 169 would require that insurance companies obtain the title to a totaled vehicle when they pay a claim to the insured or the claimant.

Senate Bill 180 would authorize the West Virginia Consolidated Public Retirement Board to give tax-free distributions from government retirement plans to pay certain premiums for health and long-term care insurance for public safety officers. The dollar amount of these distributions may not exceed $3,000.

Senate Bill 192 would allow the Commission of Corrections to issue arrest orders for persons inadvertently and improperly released. The Division of Corrections personnel may also obtain warrants for escapees under this bill.

Senate Bill 196 would clarify that the law enforcement agency that takes custody of or arrests a juvenile, would be responsible for the initial transportation of the juvenile to a detention center. Also, the bill states that the detention center would not be responsible for the juvenile if he/she is in need of medical care by a physician. If the juvenile needs medical attention, the attending physician must submit a form stating the juvenile is in suitable condition to be kept in the center.

Senate Bill 199 would create a building code authority in Raleigh County and Beckley to adopt and enforce the state building codes. The code authority would consist of five members appointed by the City of Beckley and the Raleigh Commission and would be required to be in place by July 1, 2007.

Senate Bill 208 would provide notice to the Supreme Court and the Consolidated Public Retirement Board upon a judge’s retirement.

Senate Bill 354 would provide penalties to clinics, physicians, hospitals or facilities that are responsible for diagnosing or providing treatment for Alzheimer’s Disease when they fail to report to the Alzheimer’s Disease Registry. The West Virginia University governing board established a registry for Alzheimer’s Disease, ane the central database is used to assist in the development of public policy and planning. The registry is issued to prepare reports and perform studies for hospitals and clinics.

Senate Bill 360 would extend the time during which local levying bodies may meet. Each local levying body must hold a meeting or meetings between March 7th and 28th for business transactions. During the primary election, extending the meeting time will be on the ballot for voters’ approval.

Senate Bill 412 would prohibit the use of hand held cell phones by a minor while driving. Penalties would apply to those minors who are holding a level-one instruction permit or a level two intermediate driver’s license.

Senate Bill 413 would clarify procedures for seizing abandoned, neglected or cruelly treated animals. If found with life threatening conditions, a licensed veterinarian would determine if the animal should be euthanized. If a magistrate is not convinced an animal was neglected or cruelly treated, the magistrate may dismiss charges and return the animal to its original owner.

Senate Bill 416 would create misdemeanor offenses for attempting to defeat drug or alcohol screening tests.

Senate Bill 435 would clarify the Consolidated Local Government Act and give the legislature authority to permit home rule for municipalities, to reform county commissions and to permit county consolidation. This would also allow municipalities and counties to consolidate and create a new executive or legislative tribunal, or both, in the form of a metro government that performs both the duties of a municipality and a county.

Senate Bill 436 would allow the County Commission on Crime, Delinquency and Corrections to use one of the group’s members as secretary, relinquishing the circuit clerk of any secretarial duties for the commission.

A Sampling of Bills Introduced In the Senate

Senate Bill 417 would prohibit open containers of beer and alcoholic beverages in any area of a motor vehicle readily accessible to the driver or passenger(s). The first offense would be a misdemeanor punishable by a $5 to $100 fine. The second and subsequent offense would result in a felony and would carry a sentence of up to three years in a state correctional facility.

Senate Bill 423 would increase the penalties charged to minors for the use or possession of tobacco products. This bill would require minors who are convicted of a first offense to pay a $100 fine and to serve 40 hours of community service. Minors who commit a second or subsequent offense would be charged a $150 fine and would be required to complete 60 hours of community service. The drivers license of the minor would be revoked until age 18 and if the minor is ineligible for a drivers license at the time of conviction he/she would be not have the opportunity to receive a license until age 18.

Senate Bill 429 would require counties or municipalities to receive a closure form and permission from the State Fire Marshal before closing a paid or volunteer fire department. After closure has been secured, the profits of the sale of certain vehicles from the closed department would be transferred to a special revenue account.

Senate Bill 449 would encourage public schools to implement the usage of school uniforms. It would allow uniform policies to be discussed on a school-by-school basis, and the decision to implement uniforms would be at the discretion of the school and would not be mandatory.

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