Monday, December 23, 2024
Monday, December 23, 2024

In the Senate

As of 4 p.m., Thursday, February 6th, 2014, the 30th day of the 2nd session of the 81st Legislature, 507 bills have been introduced in the Senate. Of those, 35 passed and have been sent to the House of Delegates for consideration. A sample of these bills include:

Senate Bill 32 would authorize the Legislative Auditor to collect sunrise application review fees.

Senate Bill 257 would not require a possessor of real property to owe duty of care to a trespasser, unless a common-law right-of-action exists, such as the duty to refrain from willfully or wantonly causing the trespasser injury. The possessor of real property would be able to use justifiable force to force back a trespasser.

Senate Bill 267 would ensure that state courts have jurisdiction to prosecute fraudulent or unauthorized uses of purchasing card. If convicted, the person would be guilty of larceny and would be required to restitute all losses.

Senate Bill 325 would require the State Fire Marshal to serve at the will and pleasure of the state fire commission. The State Fire Marshal would be exempt from coverage under the classified civil system.

Senate Bill 353 would provide the Division of Forestry with the authority to investigate and enforce timber theft violations in state forests. If the value of the illegally cut timber is $25,000 or less, it would be a misdemeanor resulting in up to a year in prison, a $500 fine or both. If the amount exceeds $25,000, it would be a felony resulting in up to three years in in a state correctional facility, a $10,000 fine or both.

Senate Bill 357 would make it illegal for someone to conduct timbering operations and purchase timber or logs for resale without having a valid license from the Director of the Division of Forestry. Notice would have to be provided to the Director before conducting operations. A violation would result in a misdemeanor

Senate Bill 380 would redefine “all-terrain and utility terrain vehicles.” “All-terrain vehicle” would be any motor vehicle designed to travel off-highway and on more than three low-pressure or non-highway tires. They would be 50 inches or less wide and be intended to be used by a single operator or designed by the manufacturer to have seating for each passenger. “Utility terrain vehicles” would have at least four low pressure or non-highway tires designed for off-highway use and be greater than 50 inches in width.

Senate Bill 381 would require CPR and the Heimlich maneuver to be taught in public schools once between grades nine and 12 as a requirement for graduation. This would be instructed by emergency medical technicians, paramedics, police officers, firefighters, or representatives of the American Heart Association or the American Red Cross at no cost to the schools.

Senate Bill 387 would clarify that authorized law enforcement officers transporting prisoners through West Virginia have lawful custody of the prisoners while in this state.

Senate Bill 395 would grant certain subpoena power to the Investigations and Fraud Management Division of the Department of Health and Human Resources to investigate welfare fraud. It would also authorize them to request search warrants, swear to complaint, seek relevant orders from circuit courts, provide access to out-of-state documents, and prohibit disclosure of people under investigation.

Senate Bill 405 would require a presiding judge’s permission to release juror qualification forms after the trial is concluded.

Senate Bill 408 would entitle inmates in the custody of the commissioner to a timely parole hearing regardless the location.

Senate Bill 415 would change the due date of certain county commission tax reports to on or before October 15 of each fiscal year.

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