As of 4 p.m., Wednesday, January 23, 2008, the 14th day of the 2008 Regular Session, 326 bills have been introduced in the Senate. Of those, three have passed the Senate and will now go to the House for its consideration. These include:
Senate Bill 271 would give the superintendent of the State Police the authority to propose legislative rules for grievance procedure for the State Police.
Senate Bill 272 would make a technical correction in the West Virginia Consumer Credit and Protection Act that refers to the term “telemarketing solicitation.”
Senate Bill 273 would correct statutory references to existing code sections authorizing counties and cities to enact ordinances restricting the location of businesses offering exotic entertainment.
A Sampling of Bills Introduced In the Senate
Senate Bill 239 would authorize the deferment of property tax for property owned, used and occupied by senior citizens 65 years of age or older. If a senior citizen has lived in his or her place of residence for more than six months, they would be entitled to file an application to retain property taxes.
Senate Bill 240 would create the West Virginia Public Campaign Financing Act. This would establish a system for public funding of election campaigns for candidates for the State Senate and House of Delegates who agree to and abide by restrictions on campaign contributions from private sources and limits on campaign spending.
Senate Bill 241 would provide a procedure to address the unauthorized acquisition of data that compromises the security, confidentiality or integrity of personal information maintained by the data collector. Consumers would be notified of a breach of information security maintained by the data collector.
Senate Bill 244 would repeal the Uniform Management of Institutional Funds Act (UMIFA) and replace it with the Uniform Prudent Management of Institutional Funds Act (UPMIFA). UPMIFA would apply to funds held for charitable purposes by nonprofit, charitable institutions. The three principal issues addressed are scope of coverage, investment obligations and expenditure of funds.
Senate Bill 248 would provide that West Virginia would not participate in the “REAL ID Act of 2005” enacted by Congress. The REAL ID Act of 2005 requires people entering federal buildings, boarding airplanes or opening bank accounts to present identification that has met certain security and authentication standards. The implication of the REAL ID Act of 2005 would require state funding to cover the costs the cards and maintenance of databases and could an increase in vulnerability to ID theft.
Senate Bill 252 would prohibit “straw purchases” of firearms. No one except an on duty law enforcement officer would be allowed to solicit a firearm dealer to buy a firearm for someone other than the actual buyer.
Senate Bill 255 would exempt the landowner, tenant or agent of the landowner from any civil liability for injuries to any persons hunting, trapping or fishing on the landowner’s land with or without written permission. Any person who hunts, traps or fishes on land without permission would be guilty of a misdemeanor and liable for damages and injuries occurred.
Senate Bill 264 would authorize state agencies to provide compensation paid to employees for job-related training, education or professional development on continued employment with the state agency. A state agency that bears the cost of training for state employees would be able to seek the repayment of any losses.
Senate Bill 269 would authorize a tax credit for new teachers in critical needs areas. The State Board of Education would determine standards defining “critical needs areas” in both subject areas and geographic areas. The tax credit for the first three years of employment in such an area would equal the teachers’ liability for personal income taxes. If the teacher continues to teach in a critical needs area for another five years, the tax credit would be equal to 50 percent of the tax liability.
Senate Bill 274 would provide minimum requirements relative to tethering or chaining animals, including the length and weight of chains or tethering devices, as well as other requirements, intended to protect animals from cruel treatment. It would establish a special license for health care professionals who are retired and are donating their expertise in a clinic setting. Those who provide such services would be granted immunity from civil liability. They would not receive payment or compensation for their services, agree to participate in continuing education in their practice and provide proper documentation to obtain a special volunteer license.
Senate Bill 282 would regulate professional employer organizations and require a study as to their impact on the health insurance market. All professional employer organizations would require a license from the Insurance Commissioner to engage in business. The Insurance Commissioner would be authorized to establish licensure and other fees; forth requirements for professional employer agreements; and allocate tax credits, status, incentives and liability and requirements for workers’ compensation coverage and other plans.
Senate Bill 287 would establish directed research endowment funds at Marshall University and West Virginia University for the purpose of promoting research, scholarship and economic development in certain areas of study. Private donations would be matched by the allocation and distribution of state money from the newly established West Virginia Research Trust Fund.
Senate Bill 297 would authorize the School Building Authority to issue revenue bonds by using $19 million in proceeds from the State Excess Lottery Fund. This increased bonding capacity would permit the School Building Authority increased capacity to build additional schools and make substantial improvements to existing schools.
Senate Bill 313 would prohibit text-messaging while operating a motor vehicle. Those in violation would be found guilty of a misdemeanor and would be fined no more than $100 for the first conviction. Upon second conviction, the person would be fined no more than $200 and no more than $500 upon a third conviction.
Senate Bill 316 would create the Joint Parenting Act, which would establish a presumption of joint legal and physical custody of children in child custody matters when parents are divorcing. It would establish procedures and criteria to be used when determining the custody of children as well as procedures addressing relocation of parents after divorce.
