Friday, April 19, 2024
Friday, April 19, 2024

Senate Legislation Jan. 28-Feb. 1

As of 4 p.m. Friday, February 1, 2019, the 24th day of the first regular session of the 84th Legislature, 511 bills have been introduced to the senate. Of those bills, 48 have passed and have been sent on to the House for further consideration.

SB 4: The Municipal Home Rule Pilot Program will sunset on July 1, 2019. The bill would make the Program become a permanent law, and will no longer sunset.

SB 55: The bill would amend and updates W.Va. Code §17B-2-3a on graduated driver’s licenses. This bill would prohibit a holder of a level three driver’s license who is under 18 from using a wireless communication device while operating a motor vehicle. Such prohibition does not apply if the use of the wireless communication device is for contacting a 9-1-1 system. The bill would make violations of a level three driver’s license condition subject to the section’s penalty provision, which provides monetary fines. The bill would also include stylistic updates and corrections

SB 63: The bill would allow partial filling of prescriptions of controlled substances listed in Schedule II. Partial filling would be permissible if (1) it is written and filled in conformity with this article (2) the partial fill is requested by the patient or prescribing individual practitioner that wrote the prescription (3) the total quantity dispensed in all partial fills does not exceed the total quantity prescribed.

SB 72: This bill would create a section of the code titled Sexual Assault Victims’ Bill of Rights. It gives a sexual assault victim the following rights: 1. The right to receive a forensic medical examination; 2. The right to have a sexual assault evidence collection kit tested and preserved; 3. The right to be informed of the results of any forensic medical examination (if such disclosure would not impede or compromise an ongoing investigation); 4. The right to receive notification of evidence obtained from a forensic medication examination no fewer sixty days prior to the date of the intended destruction or disposal of said evidence; 5. The right to have said evidence to be preserved for an addition period not to exceed ten years as a result of a written request;

SB 101: The purpose of the bill would be to equalize the criminal penalties for intimidating (prior to proceeding) and retaliating (post proceeding) against public officers and employees, jurors and witnesses; increase the penalty for intimidation of such persons to a felony; and to establish criminal penalties.

SB 102:he purpose of the bill is to authorize certain West Virginia courthouse security officers to carry concealed firearms while off duty with court approval.

SB 103: The bill relates to the Public Defenders Services (PDS). The bill would transfer authority from judges to the PDS to review, approve, modify, or refuse panel attorney vouchers.

SB 124: Under the bill, a person who is convicted of cruelty to animals that caused bodily injury to or death of an animal or who is convicted of a second or subsequent violation of cruelty to an animal would be guilty of a felony and subject to confinement in a state correctional facility for 1-5 years and a fine of $1,000 to $5,000. Cruelty includes intentionally, knowingly or recklessly mistreating an animal in a cruel manner, abandoning an animal, and withholding food, water, shelter or medical treatment.

SB 149: The bill would exempt honorably discharged veterans of the Armed Forces of the United States from fees and costs required by this section for a license to carry deadly weapons. This exemption already applies to former law-enforcement officers who are honorably retired.

SB 187: Relates to the State Tax Department and to exchange of information agreements between State Tax Division and certain state agencies.

SB 199: Athletic Commission rule relating to administrative rules of State Athletic Commission. The bill would which allows promoters to schedule single-night semi-professional boxing or kick-boxing events using one of three different formats.

SB 233: The bill would raise the maximum age at which an individual may apply to be a deputy sheriff from 45 to 50 years of age.

SB 236: The bill would provide notice of eligibility to persons to vote after completion of punishment or pardon. The bill would require an agency having custody or supervisory authority over a convicted person who is ineligible to register vote to give notice of the renewed right to register to vote and a voter registration form upon release or discharge from custody.

SB 241: The Committee Substitute for SB241 would allow a county commission to authorize the county clerk to record documents by scanning them in electronic format instead of placing them in books, and not prepare separate indices of those documents. The committee substitute would also allow the county commission to authorize the clerk to scan and replace existing books, but requires that the existing books be retained, either on or off site.

The county commission’s authorization is to be made in accordance with the provisions of West Virginia Code §5A-8-15, which is the section of the Public Records Management and Preservation of Essential Records Act specifically applicable to counties.

SB 243: The bill eliminates the requirement that a county must have participated in the West Virginia Thoroughbred Development Racing Fund in order to receive any amount of net terminal income in excess of the amount of net terminal income generated by a licensed racetrack.

SB 256: The bill would allow certain deductions to be made from individual personal income tax refunds for purposes of providing nursing home and health care for aged and disabled veterans in the West Virginia Veterans Home and for purposes of operating and maintaining the Donel C. Kinnard Memorial State Veterans Cemetery.

SB 258: The bill amends the Uniform Limited Liability Company Act. The bill also nullifies the Supreme Court of Appeals of West Virginia’s decision in Joseph Kubican v. The Tavern.

SB 264: The bill would include the Crime Victim’s Fund as an entity which may obtain reimbursement from defendants for money given a victim.

SB 264: The bill would update the state’s corporate net income tax law to bring terms in conformity to federal law.

SB 269: The bill would update the West Virginia personal income tax to make it conform to federal tax code.

SB 270: The bill would make the process for utilities to gain access to DOH rights-of-way more efficient.

SB 297: The bill would extend the expiration of the driver’s licenses of military members’ spouses until six months after the date on which the person member is separated from active duty in the Armed Forces under honorable circumstances.

SB 331: The bill would authorize the tracking of wounded or injured deer or bear with leashed dogs. The bill also clarifies what is to be done with dogs that have hunted or chased deer.

SB 332: The bill would expand the conditions of permanent disability required for issuance of a Class Q permit.

SB 390: The bill would to require Electric Utilities to submit feasibility studies of potential middle-mile broadband internet service projects to the Broadband Enhancement Council for the council’s consideration.

HB 2351: The bill aims to streamline PEIA authorization documents. House Bill 2351 would establish an objective guideline for forms and deadlines that PEIA, managed care organizations, and private commercial insurers would abide by when it comes to prior authorization.

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