As of 4 p.m., Friday, March 17, 2017, the 38th day of the regular session of the 83rd Legislature, 648 bills have been introduced in the West Virginia Senate. Of those bills, 31 have passed this week along with one bill from the House, all of which have been sent to the House for further consideration. The Senate has also completed legislation on six bills. Among those:
Senate Bill 330 would provide technical corrections to the definitions of the West Virginia Workplace Freedom Act and repeal provisions relating to the statutory construction of the act.
House Bill 2318 would generally strengthen and establish criminal offenses relating to human trafficking.
House Bill 2542 provides more flexibility in human resources and personnel to institutions of higher education.
House Bill 2590 updates the meaning of “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for Internal Revenue Code’s definitions. This bill is effective from passage. This bill was made effective from passage.
House Bill 2594 updates the meaning of “federal adjusted gross income” and certain other terms used in the West Virginia Personal Income Tax Act. This bill is effective from passage. This bill was made effective from passage.
House Bill 2678 would change the amounts of prejudgment and post-judgment interest in trials to reflect today’s economic conditions.
Bills Passed from the Senate
Senate Bill 25 would establish a credit against personal and corporate income taxes for farmers who donate edible agricultural products to food banks and other nonprofit food programs serving needy persons.
Senate Bill 28 would create a new system for three or more contiguous counties to create a regional recreation authority for off- highway vehicle trail riding and for other recreational purposes.
Senate Bill 186 would adjust the date upon which children become eligible for certain school programs and school attendance requirements. The bill changes the kindergarten age attainment requirement from age five prior to September 1, to age five prior to July 1. The bill changes the early childhood education program age attainment date requirement from age four prior to September 1, to age four prior to July 1. The bill changes the age for which compulsory attendance begins to those who attain age six by July 1, of each year.
Senate Bill 187 would provide for confidentiality of medical records for patients’ physical, mental or emotional conditions.
Senate Bill 192 would exempt licensed surveyors from liability for defamation or slander of title when performing their professional duties, except in the case of malicious intent.
Senate Bill 212 would remove the Division of Motor Vehicles from the administration of license suspension and revocation in cases where an individual is charged with driving under the influence. Broadly, the bill transfers all decision-making concerning the suspension, revocation and/or reinstatement of an individual’s driver’s license to the courts. The courts then make determinations concerning a driver’s license in accordance with certain procedures, and all within the context of the criminal action.
Senate Bill 255 would reform the procedures for the appointment of county officials in the event of a vacancy by requiring that the appointee be of the former official’s party affiliation upon resignation.
Senate Bill 256 would prohibit school personnel who have engaged in sexual misconduct with students or minors from being assisted to find new employment without having that misconduct reported to the appropriate authorities and investigated.
Senate Bill 299 would supplement, amend, decrease and increase items of appropriations from the State Road Fund to the Department of Highways.
Senate Bill 300 would supplement appropriations from unappropriated balance in the Treasury to the Division of Personnel.
Senate Bill 301 would supplement the appropriation of federal funds from the Treasury to the State Board of Education for the School Lunch Program.
Senate Bill 302 would supplement the appropriation of federal funds from the Treasury to the Division of Human Services.
Senate Bill 303 would supplement the appropriation of public moneys from the Treasury to the Department of Health and Human Resources.
Senate Bill 305 would supplement the appropriation of public moneys from the Treasury to the Fire Commission.
Senate Bill 306 would supplement the appropriation of federal funds from the Treasury to Workforce West Virginia.
Senate Bill 326 would require department of defense family advocacy groups to be notified about any abuse or neglect of a child of a military person.
Senate Bill 344 would eliminate conflicting provisions within current code relating to the application of payments and the assessment of delinquency fees on consumer credit sales and consumer loans. The bill also permits a lender to hold a partial or nonconforming payment in suspense until such time as a full payment can be applied.
Senate Bill 364 would incorporate changes made to the Streamlined Sales and Use Tax Agreement.
Senate Bill 413 would limit the number of alternate proposals in bidding for government construction projects and set forth procedures for consideration of alternate bids.
Senate Bill 440 would specify where the Regional Jail and Correctional Facility Authority may invest its excess funds.
Senate Bill 444 would establish a new special revenue fund to collect and remit moneys to the Court Advanced Technology Subscription Fund in the State Treasury for the use of certain advanced technology provided by the judiciary.
Senate Bill 454 would eliminate certain fees generated by suggestee executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology.
Senate Bill 455 would remove archaic language regarding commitment orders and to require that the sentencing court complete a certified commitment order in the form provided in this section or in a similar form containing the same information. This bill also clarifies that the sentencing court is required to transmit the certified commitment order to the Commissioner of the Division of Corrections.
Senate Bill 471 would make the definition of wildlife consistent with the existing definition of wildlife contained in WV Code §20-1-2.
Senate Bill 474 would exempt the list of names, addresses and contact information for hunting license holders from public disclosure with certain exceptions.
Senate Bill 495 would create greater efficiency in the operation of the West Virginia State Athletic Commission and to provide it the flexibility to respond to the needs of the fight industry. The bill updates and clarifies the sections of the code related to licenses of contestants and provides for a yearly fee for amateur contestants.
Senate Bill 497 would modify the liability of a physician offering volunteer care at school sporting events to provide that they may only be held liable for acts of gross negligence or willful misconduct.
Senate Bill 522 would define audit procedures between pharmacy benefits managers and pharmacies.
Senate Bill 531 would permit the annual renewal date for apiary certificates of registration to be June 30 beginning in 2018.
Senate Bill 536 would authorize the tracking of wounded or injured deer or bear with leashed dogs.
Senate Bill 575 would limit nuisance actions against shooting ranges for noises. The bill prohibits ordinances regulating to shooting ranges that are more stringent than such ordinances in effect at the time a shooting range was constructed or planned.
House Bill 2167 would add senior citizens to the Silver Alert program.
Additional Senate Bills
Senate Bill 31 would prohibit abortion coverage in qualified health care plans on or after January 1, 2018, with the exception for coverage when a mother’s life is in danger.
Senate Bill 32 would require that higher education course catalogs include certain information relating to employment rate, compensation, etc. to help students decide on an area of study, as well as create a voluntary college completion incentive program whereby an institution of higher education accepts less state funding in return for certain incentive bonuses relating to student graduation and employment of graduates. The bill would also create a tax credit for West Virginia resident students successfully completing certain courses of study.
Senate Bill 191 would remove the requirement that programs be jointly administered by labor and management trustees in order to qualify for tax credits for apprenticeship training in construction trades.
Senate Bill 289 would help level the playing field between local stores in West Virginia and online competitors by clarifying that the sales tax applies to digital goods.
Senate Bill 335 would repeal the personal income tax over the course of four years and replace it with a general consumption tax that broadens the consumer sales tax by an additional two percent and get rid of most sales tax exemptions.
Senate Bill 360 would create a legislative coalition to study and report to the Legislature on diabetes in the state.
Senate Bill 401 would permit a county board of education to base its employment decisions, transfers, reassignments, reductions in classroom teaching positions and reductions in the workforce on an individual’s qualifications, rather than on his or her seniority.
Senate Bill 457 would eliminate the Health Care Authority and Certificate of Need, as well as transfer the state Privacy Office to the Office of the Governor and transfer the West Virginia Health Information Network to the Office of Technology.
Senate Bill 462 would exempt all monetary benefits derived from military retirement from personal income tax obligations.
Senate Bill 539 would make significant revisions to the law regulating election financing to increase transparency in campaign contributions and reduce potential electoral corruption.
Senate Bill 546 would create an emergency text number system for children to escape violence and other emergencies.
Senate Bill 555 would dissolve the Public Employees Insurance Agency and convert it to an employer-owned mutual insurance company.
Senate Bill 561 would allow severely economically depressed counties to retain 50 percent of coal severance tax collected in those counties for economic development and education.
Senate Bill 576 would provide an exception to waste for certain oil and gas development and encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass.
Senate Bill 582 would enhance coal mining safety and environmental protection by enacting several measures including the establishment of a Special Reclamation Water Trust Fund, the formation of a staff of mine rescue teams and the creation of new mine inspection requirements.
Senate Bill 607 would allow the use of larger horsepower boats on limited horsepower lakes under certain circumstances.
Senate Bill 610 would require all newly constructed, state assisted, detached single family houses, townhouses or multilevel dwelling units (whether detached or attached to other units or structures), or ground-floor units in a building of three or fewer dwelling units to meet minimum standards of universal design for persons with disabilities.
Senate Bill 620 would increase penalties for vehicles driving slow in the passing lane or for overtaking a vehicle or turning or making a lane change without giving a signal.
Senate Bill 627 would establish an 80 miles per hour speed limit on state highways.
Senate Bill 643 would create a preference for state citizens in construction contracts for public improvement projects.
