Monday, April 29, 2024
Monday, April 29, 2024

Senate Bills Passed

Senate Bill 14 would create a new article in code that provides for the authorization of public charter schools. One year after public charter schools have been in operation, and each year thereafter, the bill requires the state superintendent to issue to the Governor, the Legislature and the general public a report on the state’s public charter school program. The bill allows any student residing in the state to apply to a public charter school, and includes provisions relating to enrollment.

Senate Bill 248 would add a requirement to provide proof of insurance and the policy number for the vehicle, as well as the name and address of the owner of the vehicle, if such owner is different from the driver. Under current law, the driver of any vehicle involved in a crash resulting in injury, death or damage to any vehicle is required to give, to the person struck or the driver or occupant of or person attending any vehicle collided with, certain information. This information includes his or her name, address and the registration number of the vehicle he or she is driving.

Senate Bill 254 would move the responsibility for payment of the beneficiaries of a public safety officer killed in the line of duty from the Governor’s Office to Dept. Of Military Affairs and Public Safety, Office of the Secretary and establishes a procedure for receiving same.

Senate Bill 278 would clarify lawful and unlawful methods of hunting. The bill prohibits hunting with night vision technology, drones or other unmanned aircraft. It permits a person to carry a gun for self-defense while in the woods. It clarifies that a person must have an unloaded or detached magazine for a shotgun or rifle in a vehicle. Further, the bill permits hunting with crossbows during big game firearms season, and requires the director to designate a separate season for crossbow hunting. Other code sections addressing crossbows, Class Y licenses and bear hunting, including electronic checking, were also updated.

Senate Bill 377 would seek to reestablish and codify the “learned intermediary” doctrine which was abrogated by Supreme Court of Appeals decision in 2007. The learned intermediary doctrine provides an exception to the general rule imposing a duty on manufacturers to warn consumers about the potential risks of their products because a prescribing physician or healthcare provider acts as a “learned intermediary” between the manufacturer and the ultimate consumer.

Senate Bill 439 would clarify the roles of each institution of higher learning, the Higher Education Policy Commission, and the Council for Community and Technical College Education by creating a system whereby legislative policy maximizes the ability of organizations to attract, recruit, retain, and motivate highly qualified and diverse employees, including compensating employees within an organization fairly and at levels that are competitive with appropriate external markets. The bill sets forth certain specific powers, duties, and limitations of the Higher Education Policy Commission, the Council for Community and Technical College Education whereby those entities provide appropriate oversight without redundancy and the provides certain human resources services to the institutions.

Senate Bill 447 would allow a person who administers a program of secondary education at a public, private, or home school that meets the requirements of this chapter to issue a diploma or other appropriate credential to a person who has completed the program of secondary education. The bill declares that the credential is legally sufficient to demonstrate that the person meets the definition of having a high school diploma or its equivalent. State agencies and institutions of higher learning in this state are prohibited from rejecting or otherwise treating a person differently solely on the grounds of the source of the diploma or credential. The bill also provides that nothing prevents any agency or institution of higher learning from inquiring into the substance or content of the program to assess the content of the program for the purposes of determining whether a person meets other specific requirements.

Senate Bill 457 would remove the condition that for issuance of a certificate for persons to serve as coaches that a currently employed certified professional educator not have applied for the position.

Senate Bill 502 would clarify that reclamation or remediation performed prior to July 13, 2013 will not be granted a tax credit unless a written application for the tax credit was submitted to the Tax Commissioner prior to September 1, 2014.

Senate Bill 530 would continue until 2018 the current personal income tax adjustment for those retirees receiving pensions from defined benefit plans that terminated and are being paid a reduced maximum benefit guarantee.

Senate Bill 541 would make changes concerning the regulation and control of elections. The bill modifies what qualifies as a federal reporting exemption. The bill requires certain contributions be reported to the State Election Commission within forty-eight hours of their receipt. The bill deletes certain reports by membership organizations that raise funds for political purposes by payroll. The bill permits certain financial statements by mail or in person. The bill requires the Secretary of State to maintain an online database. The bill sets forth additional powers of the State Election Commission

The bill requires the Attorney General to provide assistance when requested. The bill permits a political committee to transfer funds to a national, state or local committee of a political party without limitation. The bill permits a candidate committee to contribute to another candidate committee for the purpose of retiring debt incurred during a prior election. The bill permits a political action committee to contribute to another political action committee. The bill establishes expenditure limits by political party committees, political party caucuses and candidates. The bill permits candidates, after a general election, to transfer any unused contributions to state part executive committees, state party legislative caucus committees, local committees of a political party or any other candidate for public office without limitation. The bill modifies and adds definitions. The bill creates criminal penalties.

Senate Bill 574 would foster craft distilling in West Virginia. Craft distilleries are tourist destinations, which create agriculture, tourism and manufacturing jobs, and spawn small business investment. This bill would eliminate that burden by lowering the percentage markup, and eliminating the bailment fee. The bill would reduce service charges imposed on craft distillers from 28% to 5% and eliminates $ 2.30 /case bailment fee for which no service is provided. Distilleries may not sell product below the state minimum price under this bill, so retail liquor stores are protected from distillers underpricing. The Market Zone Fee paid to retailers would be reduced from 10% of gross sales at distillery to 2% of gross sales and capped at $15,000. Craft distilleries would be allowed to produce up to 50k gallons/yr instead of 20k cap today.

Senate Bill 580 would revise the statute of limitations on actions by minors under the Medical Professional Liability Act to make the current statute consistent with other provisions of the code governing statute of limitations on claims by minors.

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