HOUSE OF DELEGATES
BILLS INTRODUCED
Friday, March 25, 2005
3226.By Del. Tucker, Yost, Caputo and Butcher - Providing a credit from the B & O Tax for
power plants located in West Virginia that burn coal produced in West Virginia for the
generation of electricity (FN) - To Finance
3227.By Del. Trump - Supplemental appropriation to the State Department of Education - To
Finance
3228.By Del. Michael and Kominar - Providing that in determining West Virginia taxable income
of electing small business trusts, income attributable to S corporation stock held by the trust
shall be included - To Finance
3229.By Del. Michael and Kominar - Clarifying the definition of "tangible personal property" and
the definitions of "transmission" and "transportation" with respect to the exemption for
certain purchases by transmission or transportation businesses - To Finance
3230.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Limiting the exemptions certain
insurance companies have from Business Franchise Tax and Corporation Net Income Tax
to the portion of the tax base which is based on income subject to a tax upon premiums - To
Finance
3231.By Mr. Speaker (Mr. Kiss), Del. Frederick, Kominar, H. White, Varner, Porter, Long,
Michael and Moore - Creating a credit against the severance tax to encourage private
companies to make infrastructure improvements to highways, roads and bridges in this state
(FN) - To Finance
3232.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Making a technical change in the
computation of personal income tax on income of nonresidents and part-year residents (FN)
- To Finance
3233.By Del. Michael and Kominar - Amending the definition of "capital" to include loans from
stockholders - To Finance
3234.By Del. Tabb - Increasing the amount of moneys placed in the General Purse Fund for
restricted thoroughbred races - To Finance
3235.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Authorizing those who sell or deliver
motor fuel to the federal government, or one of its agencies, and to whom the federal government refuses to pay the Motor Fuel Excise Tax to claim a refund of the tax - To
Finance
3236.By Del. Michael and Kominar - Relating to the special reclamation tax and special tax on
coal production, providing that both of these taxes apply to thin seam coal and providing that
the special reclamation tax subject to the West Virginia Tax Crimes and Penalties Act and
the West Virginia Tax Procedure and Administration Act - To Finance
3237.By Del. Kominar, G. White and Michael - Providing that the exemption from consumers
sales and service tax for drugs, durable medical goods, mobility enhancing devices,
prosthetic devices and insulin does not apply to purchases by health care providers for use
in providing professional services - To Finance
3238.By Del. Ellem and Wells - Providing an exemption from mandatory immunizations for
school children on the basis of conscientious or religious belief - To Education then Judiciary
3239.By Del. Tabb - Removing the requirement that a State Superintendent master's degree has
to be in educational administration - To Education
3240.By Del. Marshall - Rectifying inequities in the salary schedule and pay grades for service
personnel by upgrading the pay grade of cooks and custodians - To Education then Finance
3241.By Del. Overington, Roberts, Tabb, Wysong, Blair, Doyle, Trump, Rowan and Duke -
Relating to salary increases for teachers based upon residential housing costs (FN) - To
Education then Finance
3242.By Del. Sumner, Duke, Sobonya, Stevens, Anderson and Poling - Relating to prohibiting
fighting by juveniles on school grounds - To Education then Judiciary
3243.By Del. Morgan - Including children of deceased members of the armed forces called to
active duty for the purposes of entering into armed combat in the educational opportunities
appropriation and removing requirement that the children attend a state institution (FN) - To
Education then Finance
3244.By Del. Louisos - Requiring the State Board of Education to implement a program to teach
religion in the public schools - To Education then Judiciary
3245.By Del. Iaquinta, Cann, Talbott, Stephens, Martin, Fragale, Webster, Barker, Perdue and
Miley - Requiring the Division of Highways to remediate any waste tire pile in the state
consisting of more than twenty-five tires (FN) - To Judiciary then Finance
3246.By Del. Canterbury - Adding language regarding spyware to the West Virginia Computer
Crime and Abuse Act - To Judiciary
3247.By Del. Armstead - Relating to increasing the penalty for the felony offense of driving under
the influence causing death - To Judiciary
3248.By Del. DeLong, Mahan, Stephens, Wells, Caputo, Manchin, Paxton, Longstreth, R.
Thompson, Yost and Ellem - Creating criminal penalties for a railroad company or employee
who denies, delays or interferes with medical treatment to a railroad employee injured on the
job - To Judiciary
3249.By Del. Trump - Providing the Secretary of State the authority to publish the names of any
candidate, financial agent or treasurer of a political party committee who fails to file
campaign finance reports in a timely manner - To Judiciary
3250.By Del. Schoen - Deleting certain language involving controlled substances by excluding
compounding by an individual for his or her own use from the definition of "manufacture"
- To Judiciary
3251.By Del. Williams, Stemple, Tabb, Long, Hartman, Proudfoot and Amores - Requiring
judgement debtors to report to the court wherein final judgement was rendered against them
changes in employment - To Judiciary
3252.By Del. Brown - Providing for civil liability of a person falsely accusing another of child
abuse and establishing the criminal offense of falsely reporting child abuse - To Judiciary
3253.By Del. Morgan (By Request) - Relating to liability of persons voluntarily rendering aid to
another in peril - To Judiciary
3254.By Del. Louisos - Relating to designating English as the official state language - To Judiciary
3255.By Del. Schoen, Craig, Hall, Louisos, Martin, Morgan and Paxton - Prohibiting solid waste
authorities from duplicating or competing with private recycling businesses - To Judiciary
3256.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Correcting definitions applicable to
the assessment of real property and to homestead property tax exemption (FN) - To Judiciary
then Finance
3257.By Del. Michael, Kominar, Craig and Pino - Clarifying that the 60 day time limit for filing
an appeal with the Office of Tax Appeals does not apply when other provisions of the West
Virginia Code set forth different times - To Judiciary
3258.By Del. Doyle - Permitting the sale of nonintoxicating beer within a certain distance from
a church that consents to the sale - To Judiciary
3259.By Del. Michael and Kominar - Requiring the Tax Commissioner's consent in order for a case to be conducted as a small claims hearing - To Judiciary
3260.By Mr. Speaker (Mr. Kiss) - Prohibiting an employee from recovering for an injury that was
self-inflicted and establishing the Asbestos and Silica Compensation Fairness Act of 2005
- To Judiciary
3261.By Del. Wysong, Tabb and Doyle - Relating to changing certain dates for action relative to
the duties and procedures of the Planning Commission - To Government Organization
3262.By Del. Trump - Requiring a woman, prior to an abortion, to have a pregnancy test
administered at the facility where the abortion is to be performed - To Health and Human
Resources then Judiciary
3263.By Del. Varner - Providing a third actuarial option for determining a municipality's annual
contribution to its municipal policemen's or firemen's retirement fund - To Pensions and
Retirement then Finance
3264.By Del. Armstead - Relating to establishing a maximum number of employees allowed in
a department or separate spending unit of the state, effective July 1, 2005 - To Industry and
Labor, Economic Development and Small Business then Finance
3265.By Del. Armstead, Lane, Sobonya, Carmichael and Anderson - Relating to the "senior
citizens prescription drug subsidy program" (FN) - To Health and Human Resources then
Finance
3266.By Del. Perry and Louisos - Requiring physicians to file regular reports with the DHHR,
regarding patients who require medical treatment as a result of an abortion and providing
criminal penalties - To Health and Human Resources then Judiciary
3267.By Del. Overington, Schadler, Evans and Roberts - Exempting construction performed on
behalf of educational authorities from prevailing wage requirements - To Industry and Labor,
Economic Development and Small Business then Judiciary
3268.By Del. Sobonya, Sumner, Rowan, Butcher, Beach, Howard, Roberts, Kominar, Tabb, Long
and Stevens - Relating to discounts at state parks for elderly and disabled persons (FN) - To
Agriculture and Natural Resources then Finance
3269.By Del. Mahan and Overington - Establishing a system for issuing permits for the
rehabilitation of orphaned, sick and injured wildlife (FN) - To Agriculture and Natural
Resources then Finance
3270.By Del. Morgan and Stemple - Limiting liability for volunteers and Division of Forestry
employees for damages caused when fighting forest fighters - To Agriculture and Natural Resources then Judiciary
3271.By Del. Blair, Boggs, Brown, Morgan, Duke and Walters - Requiring that certain insurance
documents include a notice regarding the absence of flood insurance and the possible
availability of such insurance from other sources - To Banking and Insurance then Judiciary
3272.By Del. Hamilton and Eldridge - Requiring an upland game bird conservation stamp (FN)
- To Agriculture and Natural Resources then Finance
3273.By Del. Wakim, Stemple and Argento - Relating to the application and enforcement of rules
or orders of local boards of health regulating, restricting or prohibiting the use of tobacco
products within the service area - To Health and Human Resources then Judiciary
3274.By Del. R. M. Thompson, H. White, Perry, Hrutkay and Canterbury - Providing that bank
holding companies should provide lists of stockholders to the Commissioner - To Banking
and Insurance then Judiciary
3275.By Del. R. M. Thompson, H. White, Perry, Hrutkay and Canterbury - Requiring banking
institutions to post bond or other security for the deposit of county, municipal, or county
board of education funds - To Banking and Insurance then Judiciary
3276.By Del. Talbott - Prohibiting discrimination in rates by insurance companies because of
having filed claims under the uninsured and under insured coverage of an automobile policy
- To Banking and Insurance then Judiciary
3277.By Del. Doyle - Prohibiting the demolition of a historic structure prior to a review of and the
issuance of a permit by the Commissioner of the Division of Culture and History - To
Government Organization then Judiciary
3278.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Relating to delaying the effective
dates of the Municipal Sales and Service Tax and Municipal Use Tax (FN) - To Political
Subdivisions then Finance
3279.By Del. Doyle - Excluding certain taxes imposed on certain utilities and extractive activities
from those that municipality must cease to impose before being authorized to impose a
municipal sales and service tax and a municipal use tax - To Pensions and Retirement then
Finance
3280.By Del. Staton, Browning, Pino, Varner, Ennis, Yost and DeLong - Relating to modifying
the review by the Public Service Commission of public convenience and necessity
applications where the project has been approved by the Infrastructure and Jobs Development
Council - To Judiciary
3281.By Del. Amores and Craig - Relating to making it a crime to alter, destroy, or tamper with
computer equipment containing voter registration information - To Judiciary
3282.By Del. Staton, Pino, Mahan, Webster and Beane - Relating to taking pictures of a
non-consenting individual in public and private places - To Judiciary
3283.By Del. Sobonya, Stevens, Butcher, Beach, Sumner, Howard, Roberts, Kominar, Rowan,
Long and Tabb - Relating to providing that an applicant for a farm use exemption certificate
may not be required to appear before any assessor for renewal - To Roads and Transportation
then Judiciary
3284.By Del. Lane (By Request) and Walters - Relating to requiring that persons accused of
committing battery submit to a test for infectious diseases and that the accused person pay
for such test - To Judiciary
3285.By Mr. Speaker (Mr. Kiss), Del. Perry and Tabb - Relating to authorizing county
commissions to adopt ordinances to reduce false alarms - To Political Subdivisions then
Judiciary
3286.By Del. Caputo, Tucker, Butcher, Mahan, Varner, Boggs, Manchin, Longstreth, Fragale,
Barker and Hrutkay - Authorizing the Governor to appoint an additional member to the
Surface Mine Board that represents the interest of labor - To Industry and Labor, Economic
Development and Small Business then Government Organization
3287.By Mr. Speaker (Mr. Kiss), Del. Manchin, Caputo, Trump and Walters - Increasing the
salaries of Supreme Court Justices, circuit court judges, family court judges and magistrates
- To Judiciary then Finance
3288.By Del. Overington and Blair - Providing that members of a county planning commission
are elected on a nonpartisan basis - To Judiciary
3289.By Del. R. M. Thompson (By Request) - Removing language that will make the restrictions
regarding default charges applicable to all lenders - To Banking and Insurance then Judiciary
3290.By Del. Cann - Relating to providing additional state minimum salary for certain teachers
- To Education then Finance
3291.By Del. Rowan and Trump - Relating to reforming, altering and modifying the county
commission of Hampshire County - To Political Subdivisions then Judiciary
3292.By Del. Doyle, Tabb and Wysong - Amending certain provisions of the code involving horse
and dog racing - To Government Organization then Finance
3293.By Mr. Speaker (Mr. Kiss), Del. Amores, Craig, Staton, Webster, Palumbo and Kominar -
Establishing residential treatment programs for regional jail inmates who are abusers of
alcohol and other drugs - To Judiciary
3294.By Del. Staton, Browning and G. White - Changing the documentation necessary to prove
payment of personal property taxes prior to renewing a vehicle or motorboat registration -
To Finance
3295.By Del. Morgan, Howard and Sobonya - Increasing certain fees charged to collect delinquent
taxes - To Judiciary then Finance
3296.By Del. Morgan, Howard and Sobonya - Limiting the time in which a purchaser of
erroneously assessed or nonexistent real estate at a sheriff's tax sale may claim a refund - To
Judiciary
3297.By Del. Brown, Hrutkay, Webster and Hatfield - Making it a misdemeanor to fail to provide
a woman with information regarding all available reproductive alternatives - To Judiciary
3298.By Del. Brown, Hrutkay, Poling, Webster and Hatfield - Requiring faith-based,
abstinence-only and antichoice facilities to have written policies and procedures - To
Judiciary
3299.By Del. Brown, Hrutkay, Webster and Hatfield - Requiring faith-based, abstinence-only and
antichoice facilities that counsel women regarding pregnancy, contraceptives, abortions or
childbirth to warn women of the risks inherent to each option - To Health and Human
Resources then Judiciary
3300.By Del. Brown, Hrutkay, Poling, Webster and Hatfield - Requiring any faith-based facility
that counsels women regarding contraception, abortion or pregnancy to maintain a quality
assurance program - To Judiciary
3301.By Del. Williams, Campbell, Stemple, Proudfoot, Michael and Hartman - Providing for a
two percent rebate to the taxpayer of the timber severance tax - To Finance
3302.By Del. Azinger (By Request) - Requiring the Public Service Commission's consumer
advocate's office to review all rate cases filed by public and private utilities - To Judiciary
3303.By Del. Frich, Walters, Hamilton, Tansill and Stevens - Financing the West Virginia
University rifle team with the support of the student body - To Education then Finance
3304.By Del. Azinger (By Request) - Reducing the term of Public Service Commission members
from six to three years - To Judiciary
3305.By Del. Azinger (By Request) - Regulating telemarketing for quasi-state agencies - To
Judiciary
3306.By Del. Michael - Allowing fees charged for requests for information from the central abuse
registry to be used for criminal record keeping - To Judiciary then Finance
3307.By Del. H. White and R. M. Thompson - Expanding eligible groups for group health
insurance to include trusts established by eligible associations and discretionary groups with
approval of the Insurance Commissioner - To Banking and Insurance then Judiciary
3308.By Del. Spencer, Caputo, Trump, Hrutkay, Campbell, Varner, Leach, Marshall, Wells,
Webster and Moore - Eliminating the provision that allowed private clubs segregated on the
basis of race or color to obtain a license to sell alcoholic beverages - To Judiciary
3309.By Mr. Speaker (Mr. Kiss), Del. R. M. Thompson, Susman, Mahan and Sumner - Exempting
Mental-Health Retardation Centers from payment of the privilege tax and providing that
Mental-Health Retardation Centers are covered by the Board of Risk and Insurance
Management without the requirement to pay a premium - To Finance
3310.By Del. Barker, Hrutkay and R. Thompson - Transferring the enforcement powers from the
state police to the county sheriff when a person fails to maintain liability insurance - To
Judiciary then Finance
3311.By Del. Miley and R. Thompson - Prohibiting the number of inquiries reflected in a credit
report, credit score report or CLUE report from adversely affecting an application for
insurance - To Banking and Insurance then Judiciary
3312.By Del. Miley and R. Thompson - Providing prerequisites to filing third-party bad faith
claims under the West Virginia Unfair Trade Practices Act - To Banking and Insurance then
Judiciary
3313.By Del. Miley and R. Thompson - Requiring rate filings, both with respect to property and
casualty insurance , and medical malpractice insurance, contain data for informational
purposes regarding payments made for bad faith - To Banking and Insurance then Judiciary
3314.By Del. Miley, Manchin and R. Thompson - Requiring that insurance rates be rolled back
by specific percentages - To Banking and Insurance then Judiciary
3315.By Del. Miley and R. Thompson - Relating to contractual relationship between insurance
agents and insurance companies - To Banking and Insurance then Judiciary
3316.By Del. Miley and R. Thompson - Relating to total fire loss - To Banking and Insurance then
Judiciary
3317.By Del. Miley and R. Thompson - Relating to subrogation for reimbursement under liability,
uninsured or underinsured coverage, or any coverage issued by the same carrier - To Banking
and Insurance then Judiciary
3318.By Del. Armstead, Carmichael, Walters and Sobonya - Requiring jobs impact statement for
certain proposed legislation - To Industry and Labor, Economic Development and Small
Business then Judiciary
3319.By Mr. Speaker (Mr. Kiss), Del. Palumbo, Amores, Morgan and Armstead - Eliminating the
legal doctrine of "constructive exhaustion" relative to an insured's claim for underinsurance
under his or her motor vehicle insurance policy - To Banking and Insurance then Judiciary
3320.By Del. Stephens, Porter, Perry, Sumner, Long, Hrutkay, Eldridge and Lane - Exempting
motor vehicles in funeral processions from the requirement to pay tolls on parkway projects
- To Finance
3321.By Del. Palumbo, Manchin, Amores, Staton, Webster and Morgan - Relating to the creation
of the Judicial Compensation Commission - To Judiciary
3322.By Del. Miley and R. Thompson - Making the Office of Consumer Advocacy independent
of the Insurance Commission - To Banking and Insurance then Judiciary
3323.By Del. Miley and R. Thompson - Prohibiting retaliation by an insurer against an employee
or agent - To Banking and Insurance then Judiciary
3324.By Del. Azinger (By Request) - Providing that a Public Service District Commissioner may
be removed forthwith and without cause upon the filing with the county commission, a
petition containing a simple majority of a public service district's customer accounts - To
Judiciary
3325.By Del. Azinger - Requiring hospitals to disclose the results of clinical trials to physicians
and the public - To Health and Human Resources then Judiciary
3326.By Del. Amores - Eliminating the exception to the prohibition against allowing passengers
under eighteen years of age on All-terrain vehicles - To Judiciary
3327.By Del. R. Thompson, Staton, Walters, H. White, Moore, Ellem, DeLong, Caputo, Beane
and Hunt - Providing for insurance reform by expanding and providing for funding, and
expanded powers for the office of consumer advocacy - To Banking and Insurance then
Judiciary
3328.By Mr. Speaker (Mr. Kiss) and Del. Trump [By Request of the Executive] - Changing the
name of the office of emergency services and specifying additional responsibilities - To Government Organization
3329.By Del. Armstead, Lane, Blair, Sobonya and Howard - Reducing by five cents the excise tax
on all gasoline and special fuel sold in this state (FN) - To Roads and Transportation then
Finance
3330.By Del. Overington, Frich, Blair, Canterbury, Romine, Leggett and Lane - Protecting
academic freedom in higher education - To Education then Judiciary
3331.By Del. Armstead, Walters, Carmichael and Lane - Creating the crime of chemical battery
- To Judiciary
3332.By Del. Roberts, Blair, Overington, Duke and Tabb - Authorizing the county commission
of Berkeley County and the incorporated municipalities therein to adopt official maps - To
Political Subdivisions then Judiciary
3333.By Del. Spencer - Appropriating money from the State Lottery Fund to the Bureau of Senior
Services to pay for delegates to the National Silver Haired Congress meetings - To Finance
3334.By Del. Armstead, DeLong, Campbell, Pino, Lane, Craig, Sobonya and Howard -
Establishing the "West Virginia Remembers Program" for veterans to share their experience
in the military with public school children - To Veterans Affairs and Homeland Security
then Education
3335.By Del. Armstead, Walters and Carmichael - Providing for a tax credit for educational
expenses incurred for school age children (FN) - To Finance
3336.By Del. Carmichael, Walters, Armstead and Sobonya - Restricting a registered sex offender
from knowingly entering the proximity of a school or other facility for minors - To Judiciary
3337.By Del. Armstead, Walters, Howard and Sobonya - Creating a sentencing commission and
setting forth its membership, responsibilities, powers and duties - To Government
Organization
3338.By Del. Armstead, Carmichael, Walters, Trump and Lane - Transferring the powers of
construction and maintenance activities of the Parkways Authority, to the Division of
Highways - To Government Organization
3339.By Del. Hamilton, Sobonya, Ellem, Howard, Porter, Poling, Crosier, H. White, Stalnaker and
Yost - Relating to motor vehicle inspections and eliminating the headlight adjustment
provisions of the inspection fee - To Roads and Transportation then Judiciary
3340.By Del. Schoen, Martin and Amores - Excluding certain employment-related expenses from the definition of gross income for purposes of determining child support - To Judiciary
3341.By Del. Eldridge, Hunt, Stemple, Louisos, Walters, Argento, R. Thompson, Cann, DeLong,
Butcher and Browning - Providing that male child molesters are subjected to a life sentence
unless they choose to undergo an orchiectomy - To Judiciary
3342.By Del. Poling, Iaquinta, G. White, Hrutkay, Barker, Hamilton, R. Thompson, Long, Miley
and Paxton - Providing a one thousand dollar increase to all state employees who do not
otherwise receive a salary increase during the two thousand five regular session of the
Legislature (FN) - To Finance
3343.By Del. Frederick, Porter, Long, Varner and Kominar - Defining "fill material" in the Water
Pollution Control Act - To Judiciary
3344.By Del. Frederick, Porter, Long, Varner and Kominar - Prohibiting the Division of Natural
Resources from approving or rejecting any certification issued under the provisions of 33 U.
S. C. section 1344 - To Judiciary
3345.By Del. Lane (By Request), Armstead and Walters - Requiring that employers perform
criminal history background checks for employees working as in-home health care providers
- To Health and Human Resources then Judiciary
3346.By Del. Palumbo (By Request) - Reducing the period within which the tenancy of a
factory-built home site may be terminated from three months to forty-five days - To Judiciary
3348.By Del. Sobonya, Howard and Sumner - Providing that the arresting agency pays the cost
incurred for initial twenty-four hours of incarceration for each inmate they arrest and
incarcerate, and defining "arresting agency" - To Judiciary then Finance
3349.By Del. Spencer - Changing the cut-off date for attaining the age of five prior to being
eligible to attend kindergarten - To Education then Finance
3350.By Del. Spencer - Deleting the requirement that school personnel with five or more years
experience, who have not received an unsatisfactory rating, receive evaluations, except at the
discretion of the principal - To Education then Finance
3351.By Mr. Speaker (Mr. Kiss), Del. Amores, Beane, Campbell, Kominar, Mahan, Michael,
Perry, Pino, Staton and Varner - Creating the West Virginia Byrd Scholarship Program - To
Education then Finance
3352.By Del. Stemple, Sobonya, Howard, Rowan and Stevens - Relating to petition for adoption
and modifying qualifications of person who may adopt - To Judiciary
3353.By Del. Trump, Ellem, Howard, Amores, Schoen and Staton - Increasing salaries for
magistrates, magistrates clerks, magistrate assistants, deputy magistrate clerks, Supreme
Court Justices, circuit court judges and family court judges - To Judiciary then Finance