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

In the Senate

As of 4 p.m., Wednesday, February 14, 2007, the 36th day of the 2007 Regular Session, 594 bills have been introduced in the Senate. Of those, 11 have been passed this week and will now go to the House for its consideration. These are:

Senate Bill 6 would authorize boat safety checks by conservation officers. An officer would only be able to board the boat with the permission of the owner or operator or on the belief that a criminal activity is occurring on board.

Senate Bill 168 would allow consumer lenders to sell home and automobile membership plans to their customers. The purchase of the plan must be optional and cannot be a condition for the granting of a loan. The bill defines a home or automobile membership plan as including health coverage, property coverage, home security services, prepaid legal services and any other insurance services or benefits related to ownership of a home or automobile.

Senate Bill 178 would allow counties to increase their hotel occupancy tax. Currently, county commissions may assess up to a 3 percent hotel tax. This would increase the maximum tax to 6 percent. However, a public hearing would have to be held at least 10 days before the commission votes to increase the rate. The bill would also expand the possible uses for revenue created by the hotel tax; these new expenditures would include providing incentives for passenger air service within the state and providing emergency medical transport in certain areas.

Senate Bill 197 would remove any criminal or civil liability for individuals who are defending their home or automobile. If a person uses reasonable force to repel an intruder, he or she would not be liable for any injuries to that intruder. The bill does not provide such immunity for the use of booby traps, such as spring-guns.

Senate Bill 389 would define blue catfish as a game fish. The blue catfish is a species native to the Kanawha and Ohio rivers that the Department of Natural Resources is studying. By defining it as game, the bill would allow the state to regulate the fishing of this species.

Senate Bill 396 would authorize the Director of the Division of Natural Resources to exempt certain information from disclosure under the Freedom of Information Act. Specifically, site-specific data on certain rare plant or animal species and their habitats could be kept confidential as a way to protect the viability or existence of the species.

Senate Bill 398 would allow the Division of Motor Vehicles (DMV) to suspend or refuse to register vehicles of certain interstate motor carriers (i.e., large trucks and buses). The DMV would be able to do so if a motor carrier fails to provide a federal motor carrier identification number (USDOT number) or if the carrier’s authority to operate in interstate commerce has been suspended by the Federal Motor Carrier Safety Administration.

Senate Bill 405 would remove the requirement that a direct deposit authorization form or state employees go to both the state auditor and the treasurer. Instead, the bill would require only the auditor to approve the form. The bill also would allow the auditor to provide electronic notification of direct deposit transfers. However, an employee may opt out of the program and continue to receive written notification.

Senate Bill 428 would establish identity theft protections for consumers. Specifically, an individual would be allowed to place a security freeze on his or her credit report. Consumer reporting agencies would then be prohibited from providing that individual’s credit report without the person’s consent. These agencies would be allowed to charge up to a $5 fee for placing, removing or temporarily lifting the freeze. Even with a freeze in place, certain government agencies would still be allowed access to the credit report without consent (e.g., for the purposes of tax or child support enforcement).

Senate Bill 431 would regulate the use of agricultural lime, a common soil additive. The bill would bring the state code in line with standards set by the Association of Official Analytical Chemists International.

Senate Bill 542 would authorize the rule made by the Higher Education Policy Commission relating to West Virginia Higher Education Grant Program. The bill would also authorize the rule related to the Workforce Development Initiative Program made by the Council for Community and Technical College Education.

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