As of 4 p.m., Wednesday, March 4th, 2009, the 22nd day of the 79th Legislature’s 1st Regular Session, 950 bills have been introduced in the House of Delegates. Of those, 16 have passed and have been sent to the Senate for its consideration. Some of those bills passed were:
House Bill 2418 would include information pertaining to the operation, staffing, equipping or escape and emergency contingency plans relating to any jail or correctional facility as exempt from under the Freedom of Information Act if the release of information would jeopardize the safe, secure and orderly operation of a jail or correctional facility.
House Bill 2694 would establish certain requirements for modification of custodial rights for parent’s or guardian’s that have been deployed to the United States Armed Forces. It would require that any such order is only a temporary order. It would allow the review of the temporary order to take precedence, shift the burden of proof to the non-deploying parent or guardian for a final order and set forth definitions.
House Bill 2738 would allow protective orders to be registered with the West Virginia Supreme Court of Appeals to be entered into the Domestic Violence Database. By January 1, 2010, a petitioner who obtains a protective order may register that order with the West Virginia Supreme Court of Appeals for entry in the domestic violence database.
A Sampling of Bills Introduced In the House
House Bill 2834 would cap the amount of a PROMISE scholarship annual award at less than the cost of tuition at a state institution of higher education or $4500 for students receiving a PROMISE scholarship. It would end the PROMISE Board, transferring its powers to the Higher Education Policy Commission, and reconstituting the Financial Aid Advisory Board.
House Bill 2835 would require state, local, county or regional development or redevelopment authorities to develop a master land use plan. It would require the Office of Coalfield Community Development to assist with the development of a master land use plan, upon request. It would require the Office of Coalfield Community Development to review master land use plans and would require the post-mining land use proposed in a reclamation plan to correspond with the associated master land use plan.
House Bill 2843 would define a commercial dog breeder as any person who maintains 20 or more adult dogs for the purpose of the sale of their offspring as companion animals. The bill would require a commercial dog breeder to obtain a valid business license. The bill provides limitations for how many dogs a commercial dog breeder can maintain; when a commercial dog breeder may breed female dogs; how a commercial dog breeder may dispose of dogs; and would require them to maintain records of animal sales, purchases, breeding history and veterinary care. The bill would further provide that the Commissioner of Agriculture, any consulting veterinarians or any animal control officer may inspect the facilities of a commercial dog breeder. The bill would also provide that any violation of this section would be a misdemeanor subject to a fine of not more than $2,500 or a jail term of not more than one year or both.
House Bill 2883 would prohibit employers and labor unions from requiring employees to become or remain members of labor unions as a condition of employment.
House Bill 2891 would phase in requirements for electric providers to add renewable energy systems to help protect and sustain the environment.
House Bill 2894 would provide individual and commercial users of the West Virginia Turnpike with a tax credit. The bill would provide individuals with a maximum $300 tax credit and residents of Fayette, Greenbrier, Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties with a presumptive $25 credit. The bill would also provide commercial users with a maximum tax credit of $1,500. The bill would additionally provide for a full credit for individuals for the cost incurred in purchasing a West Virginia Parkways Economic Development and Authority PAC card. To the extent that the total tolls paid by the taxpayer exceeds the maximum credit allowed, the taxpayer would also be able to deduct the excess as an ordinary business expense.
House Bill 2897 would authorize insurance to married workers without children at reduced rates under the West Virginia Public Employees Insurance Act.
House Bill 2900 would create the West Virginia Transportation Infrastructure Bank. The purpose of the bank would be to provide loans and other financial assistance to government units for transportation infrastructure. Since adequate transportation facilities are an important element for continuing economic growth and development and financing methods cannot generate the resources necessary to fund transportation facilities, loans and other financial assistance to government units can play a part. The bill would provide an instrument to secure additional funding.
House Bill 2915 would authorize the sale of prohibited fireworks; the bill would require the sales tax on fireworks be 10 percent; and would establish a special fund that distributes the firework sales tax proceeds equally to each West Virginia volunteer fire department.
House Bill 2917 would include bicycle, pedestrian and transit ways in consideration in the planning, development and redevelopment of state roads, railways and waterways. It provides that bicycle, pedestrian and transit ways shall be established in conjunction with the construction, reconstruction or other changes of any state road, rail bed or transit way, with special emphasis to projects in or within five miles of an urban area or rural municipality.
House Bill 2925 would add “sexual orientation” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill would also add “age” to the categories covered by the Fair Housing Act prohibiting discrimination in housing.
House Bill 2932 would require the approval of board of health rules relating to tobacco use in public or private places.
