As of 4 p.m., Wednesday, February 21, 2007, the 43rd day of the 2007 Regular Session, 1,163 bills have been introduced in the House of Delegates. Of those, 59 have passed the House and will now go to the Senate for its consideration. They include: House Bill 2206 would prohibit a person who is not the owner of a dog from removing a dog’s tag or collar without the permission of the owner, as well as forbid a person from turning off a radio-transmitting collar. The only exceptions to this provision is if the tag or collar must be removed to prevent injury to the dog or if it is removed by a law enforcement officer for a legitimate lawful purpose. Violation of this law would be a misdemeanor offense, punishable by eight to 40 hours of community service and/or a $50 to $150 fine.
House Bill 2575 would modify current law relating to Commercial Driver’s Licenses (CDL) to comply with federal law. The Division of Motor Vehicles (DMV) would be responsible for imposing civil penalties on any employer who permitted a driver to operate a commercial motor vehicle that is out-of-service, and if found in violation the employer would be fined $2,750. The new provision would decrease the period of suspension from 90 days to 60 days for driving a commercial motor vehicle without holding a valid commercial license, operating a commercial motor vehicle while the license is suspended, or operating an “out-of-service” vehicle. In addition, the DMV would immediately disqualify a driver’s privilege to operate a commercial motor vehicle upon notice from the Assistant Administrator of the Federal Motor Carrier Safety Administration that the driver poses an imminent hazard. Under this bill, the DMV Commissioner would be authorized to suspend or revoke the CDL of any person who is convicted of an offense in another state that would have been grounds for a suspension or revocation in West Virginia. An employer would also be liable for an infraction of federal, state or local regulations pertaining to railroad highway grade crossings, and upon conviction he or she would be required to pay no more than $10,000.
House Bill 2745 would increase the maximum fine for providing alcohol to a person under 21 years old from $100 to $250.
House Bill 2825 would eliminate an antiquated provision in state law that allowed private clubs to segregate on the basis of race or color and still obtain a license to sell alcoholic beverages.
House Bill 2956 relates to civil actions filed in state courts and would amend two sections of state law relating to the legal power of out-of-state plaintiffs. The bill would give plaintiffs a diminished ability to try their case within the state when the basis for the lawsuit does not directly pertain to West Virginia. The burden of proof is placed on the defendant to show that a West Virginia court is not the proper location to pursue that lawsuit. The state could be inappropriate for reasons such as: lack of access to sources of evidence, proximity of witnesses, need to view a property and other factors that precipitate an expedient discovery phase and civil trial.
House Bill 2718 would allow each of the four counties with racetracks (Jefferson, Kanawha, Ohio, and Hancock) to elect whether or not to allow table games at those existing locations.
House Bill 2972 would enforce a requirement that voters fill in a separate area on an electronic voting ballot if he or she is also going to write-in a candidate. Ballots that do not have the separate marking for a write-in candidate would no longer be counted in an effort to lessen the need for county commissioners to inspect each ballot.
House Bill 2955 would continue a flat-rate excise tax on motor fuel at approximately 20 cents per gallon until August 1, 2013.
House Bill 2875 would modify the procedure for filling a vacancy on a county commission in the event that the commissioners cannot agree on a candidate. Currently, the commissioners must decide who will fill the seat and in the event that a quorum cannot agree on a candidate within 60 days, each county commissioner would write the name of a nominee from the same political party as the vacated seat to be submitted and drawn out of a container by the Chief Justice of the County’s Circuit Court; with the chosen candidate becoming the appointed county commissioner. Under the bill, the decision would have to be made within 30 days from when the seat is vacated, and if the commissioners cannot agree, the county executive committee of the vacating county commissioner’s political party would choose the replacement from within their membership.
House Bill 2544 would increase the penalty for causing death by driving under the influence from one-to-10 years to three-to-15 years in a state correctional facility.
House Bill 2804 would eliminate the timetables that are set up to monitor various stages of utility relocations for highway projects and place the responsibility and costs on the utility company for failure to comply with proper removal notices. Under the bill, the Division of Highways would be required to reimburse utility companies for subsequent relocations due to plan changes after a project has begun construction and would authorize meetings between the Division of Highways and utilities to maintain schedules.
House Bill 2933 would exempt from current nursing licensing provisions the care of the sick when done in connection with the religious beliefs of a church or other spiritual organization at the request of the afflicted recipient. To qualify, treatment must be given in the recipient’s home or at a non-medical healthcare institution.
House Bill 3117 would clarify that a person cannot submit a bid to perform work as a contractor with the state of West Virginia unless he or she has a state contractor’s license.
