Thursday, April 25, 2024
Thursday, April 25, 2024

In the Senate

As of 4 p.m., Friday, February 26th, 2016, the 45th day of the second session of the 82nd Legislature, 705 bills have been introduced in the Senate. Of those, 232 of the bills have passed and have been sent to the House for further consideration.

Senate Bill 252(Amending Wiretapping and Electronic Surveillance Act excluding from protection oral communications) would exclude from protection under the act any oral communication uttered in a child care center where there are notices posted informing persons that their oral communications are being intercepted.

Senate Bill 274 (Relating to increasing civil jurisdictional amount in magistrate courts) would increase the amount that magistrate courts have jurisdiction of not more than $10,000. Circuit courts can send any civil cases where the amount in controversy is $10,000 or less to magistrate courts for trial.

Senate Bill 291 (Law enforcement use of unmanned aircraft system) would require the compliance with federal laws and regulations relating to unmanned aircraft vehicles. Law-enforcement can use the unmanned aircraft system as long as they follow the required provisions.

Senate Bill 339 (Establishing Judicial Compensation Commission) would create the Judicial Compensation Commission. The commission shall be responsible for studying the compensation structures for justices of the Supreme Court of Appeals, circuit court judges, family court judges, magistrates and any other judicial officer subject to election and which office requires the judge to hold a professional license to serve in that position.

Senate Bill 376 (Expanding authority of Secretary of State and State Police) would allow the Secretary of State to request each applicant submit a full set of fingerprints for the purpose of conducting a criminal history record check.

Senate Bill 416 (Allowing terminally ill patients access to investigational products) would give terminally ill patients access to investigational products that have not been approved by the Food and Drug Administration that other patients have access to when they participate in clinical trials.

Senate Bill 420 (Increasing tax rate on cigarette and tobacco products) would increase the tax on cigarettes from 55 cents to $1.55 and increase tax product tax to twelve percent of the wholesale value.

Senate Bill 438 (Requiring DHHR be present at judicial proceedings) would require the Department of Health and Human Resources be given notice of the hearing and an opportunity to provide recommendation concerning placement of the defendant with the department. A court of competent jurisdiction will provide the notice if it is determined a hearing is necessary for purposes of adjudicating whether a criminal defendant shall be placed in an inpatient mental health facility operated by the state.

Senate Bill 478 (Authorizing licenses who sell growlers to offer samples) would be allowed to offer samples of non-intoxicating beer or non-intoxicating craft beer. They may be no greater than two ounces per sample per patron and the sampling may not exceed three complimentary two-ounce samples per patron per day.

Senate Bill 481 (Authorizing distillery operators to offer liquor for purchase and consumption of premises) would allow liquor for retail sale to customers to a licensed Class A private club is operating on the premises, in which case the Class A private club may offer liquor for retail sale and consumption on the premises.

Senate Bill 485(Establishing regional recreation authorities and areas) would establish trails for off-highway recreational vehicle use. It would also allow the creation of a regional recreation authority as a joint development entity formed by three or more contiguous counties.

Senate Bill 500 (Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network) would allow the superintendent to hold training classes for certification to access and use the West Virginia Automated Police Network (WEAPON) for a reasonable daily fee per student not to exceed $100.

Senate Bill 505 (Exempting certain uses of field gas from motor fuel excise taxes) would exempt certain field gases from motor fuel excise taxes. Field gas means “natural gas” or any derived thereof, extracted from a production well, storage well, gathering system, pipeline, main or transmission line that is used as fuel to power field equipment.

Senate Bill 508 (Relating to civil claims for private nuisance) would require the persons filing a claim for private nuisance in any court of competent jurisdiction to provide notice to all defendants of intent to bring a claim for private nuisance. The notice must specify the conditions forming the basis of the claim for private nuisance in sufficient detail and must also advise the defendants of the opportunity to participate in mediation within sixty days of the notice.

Senate Bill 520 (Allowing PEIA ability to recover benefits or claims obtained through fraud) would have any person who violated any of the foregoing provisions in the bill to be civilly liable for the amount of benefits, overpayment or other sums improperly received in addition to any other relief available in a court of competent jurisdiction.

Senate Bill 581 (Eliminating sunset provision terminating pilot domestic violence court program) would prevent the termination of the pilot domestic violence court program. The program was originally written to be terminated on December 31, 2016.

Senate Bill 591 (Relating to voter registration list maintenance and combined voter registration and driver licensing fund) would authorize Secretary of State to enter into an agreement with the Division of Motor Vehicles for Division of Motor Vehicles to provide certain information. The Secretary of State would be able to use information for voter registration list maintenance comparison through interstate data-sharing agreement as designated by Secretary of State.

Senate Bill 592 (Relating to pipeline safety) would relate to calculating the amount of special license fees paid by pipeline companies to the Public Service Commission.

Senate Bill 621 (Exempting taxicab companies with independent contract drivers from providing workers’ compensation coverage) would not require a taxicab company to provide workers’ compensation coverage to a driver who provides taxicab service pursuant to a written or electronic agreement that identifies the taxicab driver as an independent contractor.

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