Jan. 9-11, 2008 Session Bills Reviewed

By Howard M. O’Cull, Ed.D.,
West Virginia School Board Association Executive Director

Listed below are West Virginia Senate and House of Delegates bills introduced Jan. 9-11, 2008 during the first three days of the Second Regular Session of the 78th West Virginia Legislature.

Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.

A total 77 bills are reviewed.

For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org.

Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us

Editor’s Note: Listing is not exhaustive.

 

PUBLIC EDUCATION

Compulsory Schooling

 

Measure would deny/suspend license of students ages 15-18 who quit school or don’t receive passing grades – governor’s proposal

 

Senate Bill 205. Revised §17B-2-3a, §17B-3-6, and §18-8-11 would deny/suspends the driver’s license of any student age 15-18 who withdraws from school or fails to receive passing grades.

Note: Underlining has been placed to emphasize proposed statutory changes.

Under terms of the bill – proposed revisions to  §18-8-11 (c)  - when students withdraw from school, the “attendance director or chief administrator shall notify the Division of Motor Vehicles of the student's withdrawal no later than five days from the date of the withdrawal.

“ Within five days of receipt of the notice, the Division of Motor Vehicles shall send notice to the student that the student's instruction permit or license to operate a motor vehicle will be suspended…on the thirtieth day following the date the notice was sent…

“…The notice shall also advise the student that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether the student's withdrawal from school was due to severe hardship resulting from circumstances beyond the control of the student.

“If suspended, the division may not reinstate an instruction permit or license until such time as the student returns to school and shows satisfactory academic progress or until such time as the student attains (age 18).

“Whenever (students ages 15-18) who are enrolled in a secondary school…(fail) to maintain satisfactory academic progress, the attendance director or chief administrator shall…notify the Division of Motor Vehicles.

“Within five days of receipt of the notice, the Division of Motor Vehicles shall send notice to the student that the student's instruction permit or license will be suspended…on the thirtieth day following the date the notice was sent…

Hearing
“… The notice shall also advise the student that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether the student's failure to make satisfactory academic progress was due to severe hardship resulting from circumstances beyond the control of the student. If suspended, the division may not reinstate an instruction permit or license until such time as the student shows satisfactory academic progress or until such time as the student attains eighteen years of age.

“ Upon written request of a student, within ten days of receipt of a notice of suspension as provided by this section, the Division of Motor Vehicles shall afford the student the opportunity for an administrative hearing. The scope of the hearing shall be limited to determining if there is a question of improper identity, incorrect age, or some other bookkeeping error.”

Definitions
The bill defines “withdrawal” as more than 10 consecutive or 15 “total days’ unexcused absences during a school year…”

It defines “satisfactory progress” as a “grade point average of at least 2.0 on a 4.0 grading scale at the conclusion of any grading period.”

Additionally, the bill states that “suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility (would not be a) severe hardship resulting from circumstances beyond the control of the student.”

“ Whenever the withdrawal from school of the student, or the student's failure to enroll in a course leading to or to obtain a GED or high school diploma, is or the student's failure to make satisfactory academic progress is due to severe hardship resulting from circumstances beyond the control of the student, or the withdrawal from school is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, no notice shall be sent to the Division of Motor Vehicles to suspend the student's motor vehicle operator's license and if the student is applying for a license, the attendance director or chief administrator shall provide the student with documentation to present to the Division of Motor Vehicles to excuse the student from the provisions of this section.

Determining “severe hardship”
“The school district superintendent (or the appropriate school official of any private secondary school) with the assistance of the county attendance director and any other staff or school personnel shall be the sole judge of whether any of the grounds for denial or suspension of a license as provided by this section are due to severe hardship resulting from circumstances beyond the control of the student.”

The above provisions would amend §18-8-11 (c), (d), (e), (f), and (g).

Proposed revisions to §17B-2-3a and§17B-3-6 include operable language relating to denial/suspension of a student’s license for withdrawing from school or failing to receive passing grades.

Sponsored by Sens. Earl Ray Tomblin, D-Logan, and Donald  Caruth, R-Mercer. Introduced Jan. 10, 2008. Referred to the Senate Education Committee, then Senate Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb205%20intr.htm

The House companion measure is House Bill 4023. It is sponsored by House Speaker Ron Thompson, D-Wayne  and Tim Armstead,  R-Kanawha. Introduced Jan. 10. Referred to the House Education Committee then House Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4023%20intr.htm

Both measures, as stated, were introduced on behalf of the governor. 

County Boards

County board members would receive $85 per day and expenses for time spent in training

Senate Bill 6. Proposed revisions to §18-5-4 would provide county board members $85 per day for “attendance at mandatory training sessions.”

Members would have to present an “itemized sworn statement (documenting) all necessary training expenses incurred during any mandatory training sessions.”

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 9. Referred to the Senate Education Committee then the Senate Finance Committee.

The bill has a Fiscal Note.

There is no House companion measure.

Similar proposals have been introduced/considered in a past legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb6%20intr.htm

Bill prohibits employer communications about politics, religion or labor-organizing activities

Senate Bill 14. Under terms of this proposed legislation, which would be contained in §21-3-22,  “employers,” including “the state and any political subdivision,” would be prohibited from requiring “its employees to “attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives, the primary purpose of which is to communicate the employer's opinion about religious or political matters, except that an employer or its agent, representative or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the extent of the legal requirement.”

Under terms of the legislation, employers couldn’t “penalize or threaten to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or a suspected violation of this (proposed law). The provisions of this subsection shall not be applicable when the employee knows that the report is false.”

Aggrieved employees
“Aggrieved employees” could use civil action through circuit courts to enforce the statute’s provisions. The court then may “…award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay and reestablishment of any employee benefits to which the employee would otherwise have been eligible if the violation had not occurred. The court shall award a prevailing employee treble damages, together with reasonable attorneys' fees and costs.”

Exceptions

The bill has three exceptions, one relating to religious organizations and their employees if the “primary purpose is for such an institution to require employees to attend an employer-sponsored meeting or to participate in any communications whereby the “employer’s” primary purpose is to “communicate the employer's religious beliefs, practices or tenets.”

 A similar provision relates to political organizations.

A final exception relates to educational institutions being able to require student instructors to attend “lectures on political or religious matters that are part of the regular course work at the institution.”

There are other provisions.

Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb6%20intr.htm

Bill would allow county boards to enter into lease-purchase agreements for school facilities

Senate Bill 57. Proposed §18-5-9c would allow county boards to “enter into a lease-purchase agreement for land, buildings and equipment.”

The bill stipulates that if a “building is or has been constructed for the purpose of providing a school…, the board may not enter into the lease-purchase agreement…unless the lessor (complies with statutes regarding the fair minimum wage rate as stipulated in §21-5a-1 et. seq.)

Sponsored by Sen. Jon Blair Hunter, D-Monongalia. Introduced Jan. 9. Referred to the Senate Education Committee then the Senate Judiciary Committee.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb57%20intr.htm

Bill would prohibit county boards from contracting with health departments for nursing services

Senate Bill 91. Proposed revisions to §18-5-22 would disallow county boards from “(contracting) with a public health department for services” considered equivalent to those required in terms of school nurses per student ratios.

Additionally, the bill would require one school nurse per 750 students – currently one school nurse per 1,500 students – by the FY09 school year.

Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Jan. 9. Referred to the Senate Education Committee then the Senate Finance Committee.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb91%20intr.htm

 

Public School Curricula

 

Course in firearms and firearms safety would be required

Senate Bill 9. Proposed revisions to §18-2-8a would require the state Board of Education to prescribe an orientation program in firearms and firearms safety in the state’s public schools.

(The existing statute permits the WVBE to make prescribe these courses.)

As with current law, the program is to be established with the advice of the Division of Natural Resources.

It would be applicable in grades 7-9 and offered “over a two-week period  during the school year.”

Current law as to course content is maintained, namely firearms instruction would relate to “the protection of lives and property against loss or damage as a result of improper use of firearms. The orientation program shall also include instruction about the proper use of firearms in hunting, sport competition and care and safety of firearms in the home and may utilize materials prepared by any national nonprofit membership organization which has as one of its purposes the training of people in marksmanship and the safe handling and use of firearms.”

Under terms of the proposed bill, county superintendents would “arrange for the orientation program…and its use in each school in the county.”

Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Education Committee then the Senate Judiciary Committee.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

The bill has a Fiscal Note request.

There is no House companion measure.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb9%20intr.htm

 

 

Public School Personnel

 

Bill concerns Parental Leave Act

Senate Bill 18. Proposed revisions to §21-5D-4 and§21-5D-5  would allow employees to utilize “accumulated sick leave…for family leave to care for a family member…”

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 9. Referred to the Senate Finance Committee.  A Fiscal Note has been requested.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb165%20intr.htm

Bill would require school principals to assume greater control over teachers’ classroom teaching performance

Senate Bill 132. Proposed revisions to §18A-2-9 and §18A-3A-2b would require principals to take on greater authority and control over teachers' classroom teaching performance.

As stipulated in the bill, the WVBE is to propose rules for legislative approval designed to develop and implement a program to train principals to act with greater control and authority over the teachers in their schools in a manner similar to corporate CEO's in order to maintain higher standards in the classroom and promote constant professional improvement of teachers.

“Higher standards of teaching performance”
The pertinent language, which would amend a section of Code relating to the state Center for Professional Development, cites a “legislative finding” that in order to “foster and develop higher standards of teaching performance within the classroom of this state that principles need greater control and authority to hold teachers accountable for classroom performance in a similar manner in which a chief executive officer is responsible for corporate performance.

“The state board is therefore directed to propose rules for legislative approval…designed to develop and implement an intensive program of training, with the intended goal to train principals to act with greater control and authority, in similar fashion and with similar methodology as corporate chief executive officers, charged with meeting operational goals in the management of the schools for which they are individually responsible and to develop and enforce minimum standards of classroom performance by classroom teachers while striving for continued professional development and improvement of teachers in the classroom.

Incentives
“The proposed rules for legislative approval shall also include the requirement that principals, upon being trained to act with greater control and authority, shall enter into performance contracts with the (WVBE) which shall require principals to uphold minimum/mandatory standards within the classrooms and that each principal's performance in this regard shall be commensurately tied to employment-related incentives and disincentives, whichever is appropriate.”

Sponsored by Sen. Frank Deem, R-Wood. Introduced Jan. 9. Referred to the Senate Education Committee.

There is no House companion measure.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb132%20intr.htm

Measure concerns donated personal leave days

Senate Bill 165. Proposed revisions to §18A-4-10f would allow return of donated leave days. The operable language reads:

1. Any donee receiving personal days, from one donor, which subsequently go unused are returned to that donor as full days of personal leave.


2. Any donee receiving personal days, from multiple donors, which subsequently go unused are returned as full days to the donors in order of seniority… A donor may not receive more personal days than he or she donated to the donee.

Sponsored by Sen. Michael Oliverio, D-Monongalia. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.

There is no companion House Bill.

Similar proposals have been introduced/considered  in a previous legislative session or sessions.

Boards would be granted flexibility in hiring substitute teachers  in critical needs areas

Senate Bill 191. Proposed revisions to §18A-2-3 would allow county superintendents “sole discretion in hiring substitute teachers in specialty areas of critical need such as science, math, special education, autism, and other such areas as deemed necessary by the superintendent. The superintendent shall have the authority to offer early placement within these specialty areas without being held to the requirement of posting this position or offering a contract as specified otherwise in (law). He or she shall be free to offer such employment at the time certified personnel become eligible for hiring.”

Sponsored by Sen. Oliverio. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.

“Flexibility” proposed in terms of school service personnel substitutes

Senate  Bill 192. Proposed revisions to §18-9A-5b and §18-4-15 would allow county superintendents, subject to county board approval, to “…three service personnel workers from the substitute list, based on seniority, on a full-time basis as itinerates to meet the day-to-day need for substitutes in the service personnel areas. These three itinerates are not counted against the county in the calculation of the school aid formula.”

If the proposed provisions are “insufficient to meet the needs for substitute service personnel on any given day,” existing law is to be followed, with these employees to be hired based on seniority (§18-4-15).

Sponsored by Sen. Oliverio. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.

 

Public School Support

 

$15,000 would be set aside for transporting students to school-related activities in the state

Senate Bill 99.  Proposed revisions to §18-9A-7 would, beginning in the FY09 school year, allow each county board $15,000 for “transporting students to school related activities located within the state, if approval for the travel is obtained in advance from the superintendent of schools of the county requesting the funds or his or her designee. Any funds not allocated in accordance with this subdivision prior to the thirtieth day of June of each fiscal year are forfeited.”

The bill also omits dated language relating to field trip allocations to county boards and obsolete language relating to the state’s bus replacement cycle.

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Jan. 9. Referred to the Senate Education Committee then Senate Finance Committee.

There is no House companion measure.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb99%20intr.htm

 

West Virginia Board of Education (WVBE)

 

Bill relates to sale/serving of soft drinks in public schools

Senate Bill 37. Proposed revisions to §18-2-6a would amend a section of law relating to “sale of healthy beverages and soft drinks in schools,” saying soft drinks could not be sold or served during the school day in areas “accessible to students in an elementary school, middle school or junior high school through vending machines, school stores, school canteens, fund raisers by students, teachers, groups or any other means.”

Similarly, the bill says that in elementary, middle school or junior high school, only healthy beverages may be sold or “served during the school day through vending machines, school canteens, fund raisers by students, teachers, groups or any other means.”

The measure would allow high schools to “permit the sale or the serving of soft drinks during the school day except during breakfast and lunch periods. Those high schools which permit the sale or serving of soft drinks during the school day… shall sell and make equally accessible to students healthy beverages. Of the total beverages offered for sale or offered to be served, at least fifty percent shall be healthy beverages. Vending machines containing healthy beverages shall be in the same location or substantially similar location as vending machines containing soft drinks.”

In addition to some apparent clean-up in the Code section, the bill would require “…profits from the sale of healthy beverages offered through school nutrition programs shall accrue to the benefit of the nutrition program. In accordance with 7 CFR §210.11(2006), all sales of competitive foods and beverages of minimal nutritional value are prohibited in the food service areas during the meal service periods.”

Sponsored by Sen. Foster. Introduced Jan. 9. Referred to the Senate Committee on Health and Human Resources then the Senate Education Committee.

Similar proposals have been introduced/considered in a past legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb37%20intr.htm

Pilot uniforms plan bill reintroduced

Senate Bill 65. Proposed §18-2-35a would create the School Uniforms Incentive Plan Pilot Program which provide funding for elementary schools that adopt and implement school uniform policies.

The bill would require the Legislature to allocate $100,000 to the WVBE to provide program funding for up to 10 public elementary schools to participate in the pilot program during the upcoming school year.

The WVBE “shall select to “participate in the pilot program the first (10) public elementary schools which apply and which meet the criteria of this section by adopting and implementing school uniform policies…”

Each participating elementary school would receive a $10,000 grant, with the faculty senate at each school – and with advice of the school’s Local School Improvement Council – to “(control) and (expend) the funds allocated in accordance with (this section.”)

Funds could be used to benefit the school and its students in the following ways:

1. To improve school safety;
2. To purchase school uniforms, academic materials, computers and technology, supplies or equipment;
3. To refurbish school playgrounds;
4. To enhance student behavior;
5. To increase academic achievement;
6. To improve self-esteem; and
7. To address the problems of at-risk students.
   

No funds may be expended without the approval of the school principal.

The legislation would require the state superintendent to report to the Legislative Oversight Commission on Education Accountability progress in implementing the provisions of this section.

Sponsored by Sen. Oliverio. Introduced Jan. 9. Referred to the Senate Education Committee then the Senate Finance Committee.
Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb65%20intr.htm

Measure would allow payment of GED examination fees

Senate Bill 161. Proposed revisions to §18-5-19c would require the WVBE to “develop and administer a program to provide the GED exam fee for an eligible individual pursuing a High School Equivalency Diploma. The state board shall establish a rule to implement the program.”

The rule is to have these eligibility requirements:

1. Successful completion of a GED preparation program;
2. Successful completion of the GED Official Practice Test;
3. Standards for measuring successful completion of the program and test required by this subdivision;
4. GED exam registration with a GED testing center that is approved by the state board; and
5. Any other requirements established by the state board.

The WVBE is to provide the GED exam fee directly to the GED testing center.

In its legislative findings, the bill states that a GED – General Educational Development – examination is “an implement for success that can transform the future of the graduate,” increasing employment opportunities for recipients and earning potential but that persons who could benefit from a GED “often lack the resources to afford the costs of the GED exam,” which may lead some of these individuals to “remain in a state of poverty.”

The bill makes  a technical clean-up amendment in referring to the West Virginia Department of Education’s Office of Technical and Adult Education Services instead of the “Division of Veteran and Adult Education.”

There are other provisions.

Sponsored by Sen. Prezioso. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb161%20intr.htm


GED Assistance Incentive Tax Credit

Senate Bill 153 is a related measure.

It would allow an employee a minimum of five hours per week paid release time to study for the General Education Degree (GED) through a “learning contract.” Participating firms, companies, organizations, etc., would be given a tax credit “in an amount equal to half of the employee's hourly salary for release time, up to a maximum ($1,250).”

(Learning contracts are defined and governed in a separate section of Code - §18B-10-7c.)

If a firm enters into a learning contract and allows more than one employee a minimum of five hours per week paid release time to study for the general education degree, the credit would be multiplied by the number of such employees.

The credit would apply to personal income tax liabilities, corporation net income tax liabilities and business franchise tax liabilities arising after December 31, 2008.

Additionally, the bill would require higher education governing boards to award a tuition discount for undergraduate courses for students who: “(1)( Have) been out of secondary school for at least three years; (2) (have) entered into a learning contract with an adult education program and their employer and completed such learning contract; and (3) (have) earned a GED within the preceding one-year period.”

The discount would be $250 per semester for a maximum four semesters.

Under terms of the legislation, further student discounts would not be available to eligible students, and documentation is required relating to the learning contract.

There are several other provisions.

Sponsored by Sen. John Unger, D-Berkeley. Introduced Jan. 10. Referred to the  Senate Education Committee then Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb153%20intr.htm

Teachers in critical need areas would receive tax credit

House Bill 4015. Proposed revisions to §11-13Y-1 and §18-2-5 would authorize a tax credit for new teachers in critical needs areas.

The measure would require the WVBE to determine standards defining "critical needs areas" in both subject areas and geographic areas.

The tax credits for the first three years’ employment in a critical need area would equal the teachers' liability for personal income taxes.

 If the teacher continues to teach in a critical needs area for another five years, the tax credit is equal to 50 percent of the tax liability.

The state Tax Commissioner would be required to propose a legislative rule to implement the legislation.

Under terms of the bill, “Critical needs areas" shall include both subject areas and geographic areas.”

There are nine House sponsors, including lead sponsor Del. Larry A. Williams, D-Preston. Introduced Jan. 10. Referred to the House Education Committee then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4015%20intr.htm

 

West Virginia Secondary Schools Activities Commission (WVSSAC)

 

WVSSAC would be subject to evaluation by Legislative Auditor

Senate Bill 4. Proposed §18-2-25 would subject the West Virginia Secondary School Activities Commission (WVSSAC) to evaluation by the Legislative Auditor and require board members and officers to comply with ethical standards for elected and appointed officials.

The bill stipulates that the legislative auditor’s evaluation is to “assess whether the commission complies with the policies and provisions applicable to commissions authorized by this code and other applicable laws and rules, whether the board follows a disciplinary procedure which observes due process rights and protects the public interest and whether the public interest requires that the board be continued.”

As stated above, a final bill provision makes the WVSSAC members and officers subject to the state Ethics Act.

Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Jan. 9. Referred to the Senate Education Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb4%20intr.htm

 

West Virginia Higher Education Policy Commission (HEPC)

 

Students  taking more hours than what is defined as “full time” could be charged additional dollars

Senate Bill 46. Proposed §18B-10-1 would have the higher education “governing (boards to) increase the fees of undergraduate students taking more than sixteen hours in a regular term pro rata based upon one twelfth of the full-time rate per credit hour and a governing board may increase the fees of graduate students taking more than nine credit hours in a regular term pro rata based upon one ninth of the full-time rate per credit hour.”

Sponsored by Sen. Deem. Introduced Jan. 9. Referred to the Senate Finance Committee.

A Fiscal Note is requested.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb46%20intr.htm

Bill would fee waiver for health sciences and technology academy programs

Senate Bill 57. Proposed revisions to §18B-10-4b would require “state institutions of higher learning (to) waive all fees for resident students who successfully complete the health sciences and technology academy affiliated programs.”

(Current law defines those programs as  offerings in the “health sciences designed to assist junior high and high school students in conjunction with their parents and teachers, to enhance their knowledge and abilities in subject matters which will further a career in the field of health sciences.”)

Sponsored by Sen. Shirley Love, D-Fayette. Introduced Jan. 9. Referred to the Senate Education Committee then Senate Finance Committee.

A Fiscal Note has been requested.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb56%20intr.htm

Abortions would be prohibited at state higher education institutions; exceptions

Senate Bill 149. Proposed revisions to §18B-2A-4 would prohibit abortions at state college or university medical facilities, except when the abortion is necessary to save the life of the woman receiving the abortion.

Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Jan. 9. Referred to the Senate Health and Human Resources Committee.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb149%20intr.htm

Also refer to Senate Bill 115. Among other measures, the bill would allow pharmacy interns to refuse to fill prescriptions or dispense substances that can be used as abortifacients or that can be used as part of an abortion procedure.

The proposed statute is §30-5-30.

Sponsored by Sen. Sypolt. Introduced Jan. 9. Referred to the Senate Health and Human Resources Committee  then the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb115%20intr.htm

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Bill would grant tuition waivers to children and spouse of officers and firefighters killed in line of duty

Senate Bill 156. Proposed revisions to §18B-10-7 would require higher education institutions to “permit any person to attend its undergraduate courses and classes if classroom space is available without charging the person any tuition or any fees if the person is the child or spouse of:

1. " A National Guard member killed in the line of duty. A member of the National Guard who is deemed to have been killed in the performance of his or her duties if his or her death results from performance of a duty required by his or her orders or commander while in an official duty status, other than on federal active duty, authorized under federal or state law ; or


2. A person on federal or state active military duty who is a resident of this state and is killed in the line of duty. A person on federal or state active military duty who is a resident of this state is deemed to have been killed in the performance of duty if death results from performance of a duty required by his or her orders or commander while in an official duty status.”

Sponsored by Sen. Unger. Introduced Jan. 10. Referred to the Senate Education Committee then Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb156%20intr.htm

Measure would remove cap on scholarship funds for surviving dependent children of deceased State Police members

Senate Bill 174. Proposed revisions to §15-2-33 and §15-2A-12 would remove the cap on scholarship funds for surviving dependent children of certain deceased members of the West Virginia State Police. The current cap is $7,500.

Sponsored by Sen. Unger. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb174%20intr.htm

Special automobile license plate proposed for Wheeling Jesuit University alumni

Senate Bill 180. Proposed revisions to §17A-3-14 would authorize the state Division of Motor Vehicles to create/issue a license plate featuring Wheeling Jesuit University’s educational insignia.

Sponsored by Sen. Andy McKenzie, R-Ohio. Introduced Jan. 10. Referred to the Senate Transportation and Infrastructure Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

A similar proposal has been introduced/considered in a previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb180%20intr.htm

Measure would provide electronic materials to dyslexic students

Senate Bill 194. Proposed §18B-1-12 et. seq. would provide electronic instructional materials to visually-disabled students.

There are several provisions, including definitions.

Bill provisions would apply only to “instructional material in Braille, large print, audio format, digital text, or any other medium or any apparatus that conveys information to or otherwise contributes to the learning process of a blind or visually impaired student or a student with dyslexia.”

Additionally, these materials must be:

1. “Written and published primarily for post-secondary instruction of students; and
   
   
2. Required or essential for a student's success in a course at an institution of higher education, as identified by the instructor of the course for which the instructional material will be used, in consultation with the person at the institution with primary responsibility for services for students with disabilities.”

There are several other provisions in the 8-page bill.

Sponsored by Sen. Hunter. Introduced Jan. 10. Referred to the Senate Education Committee then the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb194%20intr.htm

Bill would rescind scholarships for DUI, similar offenses

Senate Bill 199. Proposed §18C-1-6 would rescind Scholarship and related forms of state financial aid moneys  to college/university students who “ receive two or more citations for a violation of a state law or municipal ordinance which pertains to illegal possession or consumption of alcohol, including, but not limited to, underage consumption or possession, open container violation, DUI, public intoxication or contributing to the delinquency of a minor.”

The bill’s provisions would become effective after July 1.

Sponsored by Sen.  Mike Green, D-Raleigh. Introduced Jan. 10. Referred to the Senate Education Committee  then the Senate Judiciary Committee.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb199%20intr.htm

Governor’s Promise Scholarship Rule Introduced

Senate Bill 213. Proposed revisions to §18C-7-6 would authorize the state PROMISE Scholarship Board to recommend a legislative rule to the West Virginia Higher Education Policy Commission requiring repayment, in whole or in part, of a PROMISE scholarship award if the recipient chooses to work outside of West Virginia following graduation.

Sponsored by Sens. Tomblin and Caruth. Introduced Jan. 11. Referred to the Senate Education Committee then Senate Finance Committee.

The bill was introduced by request of the governor.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb213%20intr.htm

The House companion measure is House Bill 4033. Sponsored by Dels. R. Thompson and Armstead. Introduced Jan. 11. Referred to the House Education Committee, then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4033%20intr.htm

Similar proposals have been introduced/considered in a previous legislative session or sessions.

School dental hygienists could be appointed to state Board of Dental Examiners

House Bill 4009. Proposed revisions to §30-4-4 would, among other things, allow school dental hygienists to be appointed to the state Board of Dental Examiners.

The bill has other provisions relating to tenure on the board and a stipulation that  persons “connected with a dental college, school or dental department of a university…must recuse himself or herself from the licensure examination of a former student.”

Sponsored by Del. Dale Martin, D-Putnam. Introduced Jan. 9. Referred to the House Government Organization Committee.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4009%20intr.htm

 

 

Teachers Retirement System (TRS)

 

Bill would allow Teachers Defined Contribution Retirement System members to join TRS

Senate Bill 68. Proposed revisions to §18-7C-6 would allow a member of the Defined Contribution Retirement System to have a “one-time option” to transfer into the State Teachers Retirement System (TRS). The option must be exercised in writing, signed by the member and be received by the TRS not later than September 30, 2008. A member failing to exercise the one-time option would remain in the Defined Contribution Retirement System permanently. The proposed statutory provision would become effective October 1, 2008.

Sponsored by Sen. Hunter. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

Similar proposals have been introduced in a previous legislative session or sessions. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb68%20intr.htm

TRS members would receive supplemental benefits; also covers PERS retirees

Senate Bill 77. Proposed §18-7A-26u (and for Public Employees Retirement System retirants §5-10-22j) would provide an additional supplemental retirement benefit to TRS and PERS retirees who are receiving a disability annuity and who have been retired for at least five years, or who are receiving a retirement annuity and who are at least age 62 and have been retired for at least five years.

The supplemental benefit would include an annual cost-of-living supplement which is equal to the percentage increase in the Consumer Price Index as published by the United States Department of Labor or three percent, whichever is less, multiplied by the first eighteen thousand dollars of the retiree's annual annuity.

The benefit would apply for the years 2008 and 2009 only.

Sponsored by Sen. Hunter. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

Also refer to Senate Bill 54. That measure, which would revise §5-10-22j and §18-7A-26u, would provide a three percent supplement to all TRS and PERS annuitants when they reach age 70.

Sponsored by Sen. Foster. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.
A Fiscal Note has been requested.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb54%20intr.htm

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Bill would disqualify retirees from receiving benefits if terminated for “less than honorable service”

Senate Bill 201. Proposed revisions to §5-10A-2, -3, -4,-5,-6, -7 and -8 would terminating retirement benefits in all public retirement plans of former and present participants who have rendered less than honorable service, with circuit courts having jurisdiction to make the “determinations.”

(Most of these Code sections relate to the Public Employees Retirement System.)

The bill also would allow for retention of vested employer contributions for members of the Teachers' Defined Contribution Retirement System whose benefits are terminated for less than honorable service. As stated in the bill, “members of the Teachers' Defined Contribution Retirement System whose benefits have been terminated…shall be refunded only (their) employee contributions and the earnings on those contributions. Any vested employer contributions shall remain in the Teachers' Defined Contribution Retirement System and be used to offset future employer contributions for each contributing employer.”

Sponsored by Sen. Foster. Introduced Jan. 10. Referred to the Senate Pensions Committee then the Senate Finance Committee.

 

Public Employees Insurance Agency (PEIA)

PEIA Finance Board would cover retirees if Medicare Advantage Program isn’t renewed

Senate Bill 125. Proposed revisions to §5-16-5 would require the PEIA Finance Board to assume responsibility for medical and prescription coverage of retirees in the event any Medicare Advantage Program contract is not renewed or is otherwise terminated.

Sponsored by Sen. Hunter. Introduced Jan. 9. Referred to the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb125%20intr.htm

Insurance plans would cover smoking cessation programs

Senate Bill 130. Proposed §33-16G-1 et. seq. would require health insurance plans to cover the cost of smoking cessation programs services for their insureds.

Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Banking and Insurance Committee then the Senate Finance Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb130%20intr.htm

Health insurers would have to provide coverage for autism spectrum disorder

Senate Bill 146. Proposed §33-15-22 et. seq. would require health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.

The bill’s provisions would affect “every (insurance) policy which provides coverage for hospital, surgical, or medical care coverage shall include full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder, regardless of whether such prevention, early detection, diagnosis or treatment methods are research based or experimental. Each policy will also provide full (in-state or in-network) coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder even if the individual is unable to receive a service, or treatment, within the State of West Virginia and must receive this service, or treatment, form a out-of-state provider.”

The legislation defines autism spectrum disorder as a “a neurobiological condition that includes Autism, ADD, ADHD, Asperger syndrome, Rett's syndrome, or Pervasive Developmental Disorder.”

There are several other provisions.

Sponsored by Sen. Jeffrey Kessler, D-Marshall. Introduced Jan. 9. Referred to the Senate Banking and Insurance Committee then the Senate Finance Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb146%20intr.htm

PEIA would cover acupuncture treatments

Senate Bill 202. Proposed revisions to §33-15-4j, §33-15-4t, §33-24-7j and proposed §33-25-8h, and 33-25A-8i would require health insurance providers, including the Public Employees Insurance Agency, to provide insurance coverage for acupuncture treatment performed by a licensed acupuncturist.

Sponsored by Sen. John Pat Fanning, D-McDowell. Introduced Jan. 10. Referred to the Senate Banking and Insurance Committee  then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb202%20intr.htm

 

Public Employees Retirement System (PERS)

Omnibus proposal relates to PERS disability recipients’ benefits

Senate Bill 20. Proposed revisions to §5-10-26, -44 and -54 and proposed repeal of §5-10-43 would, among other things, remove the requirement that an employee no longer disabled must be returned to his or her former job; provide for reemployment; permit administrative hearings before disability retirement termination and clarify procedures for reapplication by disability retirants whose benefits were terminated for economic causes.

The bill also would specify that the PERS board may terminate not only early retirement benefits but also regular or disability retirement benefits of someone who has fraudulently obtained them, and may act to recover benefits gained by misrepresentation. Current code establishes misdemeanor jail and monetary penalties for fraud.

According to the Bill Note, §5-10-43 would be repealed because of obsolete provisions.

There are several other bill provisions.

Sponsored by Sen. Foster. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb20%20intr.htm

Bill would increase PERS multiplier

Senate Bill 26. Proposed revisions to §5-10-22 would increase the PERS multiplier for a retirement annuity from two to two and one-quarter percent. The bill also deletes language found to be void by the Supreme Court of Appeals relating to legislators’ PERS participation.

Sponsored by Sen. Bowman. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb26%20intr.htm

PERS disability benefits couldn’t be reduced at age 65

Senate Bill 40. Proposed revisions to §5-10-25 would prevent a reduction in annuities for persons  who retired at age 65 with PERS disability retirement.

Sponsored by Sen. Kessler. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb40%20intr.htm

Measure concerns US Armed Forces PERS credit

Senate Bill 95. Proposed revisions to §5-10-15 would allow up to five years’ service in the US Armed Forces to be counted toward PERS retirement credit.

Sponsored by Sen. Prezioso. Introduced Jan. 9. Referred to the Senate Pensions Committee then the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb95%20intr.htm

Also refer to House Bill 4029. In addition to any benefit provided by federal law, its provisions would allow any member of PERS who has “previously served in or enters the active service of the Peace Corps (to) receive credited service for the time spent in the Peace Corps, not to exceed five years, if the member substantiates by appropriate documentation or evidence his or her active Peace Corps service and entry into Peace Corps service.”

Additionally, the bill states that “any member of (PERS) who enters the active service of the Peace Corps shall receive the credit provided by this section regardless of whether he or she was a public employee at the time of entering the Peace Corps.”

If there is “doubt as to the period of service to be credited a member under the provisions of this section, the (PERS) board of trustees has the final power to determine this period.”

Sponsored by Del. Larry A. Border, R-Wood. Introduced Jan. 11. Referred to the House Pensions and Retirement Committee then the House Finance Committee.

A Fiscal Note has been requested.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4029%20intr.htm

Similar proposals have been introduced/considered in a previous legislative session or sessions.

 

 

EDUCATION-RELATED

Abortion

 

Measure concerns parental involvement in minor’s decision to have an abortion

Senate Bill 92. Proposed revisions to §16-2F-2 et. seq., wouldrequire abortion providers to obtain proof of age prior to the performance of an abortion on a pregnant woman. The bill provides for a judicial bypass. Abortion providers must provide actual or constructive notice to parents of minors, and maintain certifications of such notice as well as parent's proof of identification for a minimum time period in the minor’s medical file. The bill creates civil liability, criminal penalties, and mandates certain reporting requirements, including the collection of fetal tissue in instances when the minor alleges sexual assault.

The bill contains a severability clause which would allow the “balance” of the proposed statute to remain in effect if part of the law were declared unconstitutional.

Sponsored by Sen. Prezioso. Introduced Jan. 9. Referred to the Senate Health and Human Resources Committee then Senate Judiciary Committee and then the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb92%20intr.htm

 

Alcohol

 

Bill increases distance beer licensee’s establishment must be located from a school

Senate Bill 148. Proposed revisions to §11-16-8 would revise current law so that No retail outlet may be located within 1,000 feet of any public playground, day care facility, school or church.

Proposed provisions would not apply to “any college or university that has…no objection to the location of any limited video lottery retailer licensee within 1,000 feet of the college or university” nor do bill provisions apply to “…to the location of licensees operating under a valid license on the effective date of this section” but would be operable to any “any current location that ceases to be licensed and an applicant applies for a new license at that location.”

(Existing law states that such establishments cannot be located with the “immediate vicinity of a school or church.”)

There are other provisions.

Sponsored by Sen. Hunter. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb148%20intr.htm

 

Child Welfare

 

Bill relates to assignment of youthful offenders

Senate Bill 2. Proposed revisions to would allow “ a circuit judge discretion to impose the original sentence on a youthful offender who has successfully completed a youthful offender training program but who has been charged with committing another crime between his or her release from the youthful offender center and the sentencing hearing.”

Sponsored by Sen. Randy White, D-Webster. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb2%20intr.htm

Measure concerns medical and nonmedical exemptions for mandatory immunizations

Senate Bill 19. Proposed revisions to §16-3-4- and -5 would provide medical and nonmedical exemptions from mandatory immunizations for school children.

The bill would require parents and guardians to assert their conscientious or religious beliefs in an affidavit.

Parents or guardians seeking an exemption for a child would be required to present an affidavit affirming that they have completed and understood an educational course approved by the Commissioner of Public Health regarding the risks and benefits of immunizations, to be provided by the Bureau for Public Health, before the exemption could apply.

 Further, the bill would remove students who are not immunized from school in times of emergency or epidemics. The bill provides that the Commissioner of the Bureau of Health may by rule add or delete diseases for which vaccines are required for school attendance and to reconstitute the Immunization Advisory Committee.

Sponsored by Sen. Foster. Introduced Jan. 9. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee.

A Fiscal Note is requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb19%20intr.htm

Proposal relates to statute of limitations for child support matters

Senate Bill 28. Proposed revisions to §38-3-18 would specify that the statute of limitations of child support cases becomes applicable  when the last child in the order emancipates.

There are other provisions.

Sponsored by Sen. Prezioso. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb28%20intr.htm

Court could determine if limitations to custody apply in cases of unsubstantiated or false reports of domestic violence or child abuse

Senate Bill 41. Proposed revisions to §48-9-209 would be revised to state that if a parent has made two or more unsubstantiated or false reports of domestic violence or child abuse, then upon the request of either parent, a court may determine if limitations should be imposed upon the allocated responsibility.

Sponsored by Sen. Kessler. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb41%20intr.htm

Measure establishes procedure for males to protest paternity allegations

 

Senate Bill 43.  Proposed §48-18-105a would allow males who are required to pay child support as the father of a child to seek a court motion to set aside a determination of paternity, based on the grounds established in the bill, including an affidavit executed by the “ movant”  that newly discovered evidence has come to the “movant's”  knowledge since entry of judgment; and that the results from scientifically credible parentage-determination genetic testing, administered within 90 days prior to the filing of the motion, demonstrates there is zero percent probability that the male ordered to pay child support is the father of the child for whom support is required.

Given the above two considerations, courts can grant relief to the” movant,” based on the following and similar determination such as the male having been ordered to pay child support has not adopted the child;  the child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock;  the male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and similar findings.

Sponsored by Sen. Donna Boley, R-Pleasants. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb43%20intr.htm

Also refer to House Bill 4002. The companion bill, it is sponsored by Del. Tom Azinger, R-Wood. Introduced Jan. 9. Referred to the House Judiciary Committee.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4002%20intr.htm

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Bill would create office of Family and Foster Child Protection Ombudsman

 

Senate Bill 7.  Proposed  revisions to §49-6F-1 et. seq. would create the Office of Family and Foster Child Protection Ombudsman.

Under terms of the legislation, the ombudsman is empowered to hire staff.

The ombudsman would be required to investigate and monitor the Department of Health and Human Resources, Division of Child Protective Services (CPS).

These are among the powers and duties of the ombudsman, namely to:

1. Review, monitor and investigate  the performance of (CPS services) rendered by the Department of Health and Human Resources in child abuse and neglect matters;
   
   
2. Inspect and review of the operations, policies and procedures of foster homes, group homes, residential treatment facilities, shelters for the care of foster children and the care of abused or neglected children, or any other public or private residential setting in which a child has been placed by the department.
   
   
3. Intervene in pending litigation involving abused or neglected children in order to ensure Circuit or Family Court Judges and prosecuting attorneys comply with legal requirements related to abused or neglected children, and to appeal judicial acts or orders to the West Virginia Supreme Court of Appeals in the event the acts or orders appear not to be in compliance with applicable legal requirements;
   
   
4. Report to the Legislature’s Joint Committee on Government and Finance annually concerning the state of the DHHR and the judiciary relative to each entity's specific duties in placement foster children and child abuse and neglect matters;
   
   
5. Act as a neutral and non-adversarial arbiter in disputes between citizens and CPS;
   
   
6. Make recommendations to the Legislature and the Governor for legislative or administrative changes designed to improve DHHR’s performance in responding to foster care problems and child abuse and neglect cases as well as the prosecuting attorney and judiciary's role in the protection of children from child abuse and child neglect and children in foster care;
   
   
7. Review, evaluate, report on and making recommendations concerning the procedures established by the department in providing services to children who are at risk of abuse or neglect, child in department custody, or any child who receives child protective services;
   
   
8. Remain knowledgeable and informed regarding current law, changes in the law and trends in the law vis a vis foster care, child abuse and child neglect and to answer queries from the public regarding same;
   
   
9. Remain knowledgeable and informed concerning the department's administrative practices, procedures and policies as they relate to the protection of children;

Mandamus

10. File legal actions, including, but not limited to, actions in mandamus, prohibition, or declaratory judgment actions, that seek to require governmental officials to perform necessary activities to adequately serve and protect children or to prohibit those officials from engaging in actions that are counterproductive to the protection and welfare of children;
    
    
11. Disseminate information to the public on the objectives of the office, the services the office provides and the methods by which the office may be contacted, including, but not limited to a toll-free telephone number to receive and respond to calls from citizens and a web page describing the services available through the office;
    
    
12. Aid the Governor and the Legislature in proposing methods of achieving increased coordination and collaboration among state agencies and entities, including the judiciary, to ensure maximum effectiveness and efficiency in the provision of services to children;
    
    
13. Provide training and technical assistance to CPS, prosecuting attorneys and the judiciary on issues relevant to the performance of their respective duties with regard to child abuse and child neglect and foster care; and
    
    
14. Doing all necessary activities intended to improve CPS and DHHR’s foster care program.

The ombudsman would be appointed by the governor.

In performing his or her duties, the ombudsman would have access to written reports concerning child abuse and neglect matters, including reports of the Child Fatality Review Team, as well as “all state institutions serving children, and state-licensed facilities or residences including all foster homes and facilities…”

Information and records obtained by the ombudsman remain confidential, and would not be admissible in court.

There are several other provisions, including a bill section which says that the Office of Family and Foster Child Ombudsman is not liable for good faith performance of its functions as enumerated by law.

Sponsored by Sen. Hunter. Introduced Jan. 9.  Referred to the Senate Government Organization Committee  then the Senate Finance Committee,

Similar proposals have been introduced/c considered in a previous legislative session or sessions.  Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb76%20intr.htm

Imminent danger considerations would be enhanced

 

Senate Bill 187. Proposed revisions to §49-1-3, -6-3 and 6-5 would prohibit parents, guardians or custodians from allowing registered sexual offenders access to children in their custody.

The bill also defines key terms and makes technical changes for purposes of consistency.

One provision would identify "Imminent danger to the physical well-being of the child" as including situations where “the abusing parent, guardian or custodian's abuse of alcoholic liquor…or drugs or other controlled substance…has seriously impaired his or her parenting skills.”

Sponsored by Sen. Prezioso. Introduced Jan. 10. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb187%20intr.htm

 

Crimes

 

Bill would protect “privacy rights” of individuals by making voyeurism a criminal offense

Senate Bill 42. Proposed revisions to §61-8-28 would make amendments to existing law for the purpose of protecting the privacy rights of an individual by making it a criminal offense to engage in voyeurism where an individual has expectation of privacy. This bill makes an exception for law-enforcement and security surveillance. This bill also limits a criminal prosecution for a misdemeanor pursuant to the section to three years.

Sponsored by Sen. McKenzie. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a  previous legislative session or sessions.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb42%20intr.htm

 

Measure would clarify state statute relating to stalking

Senate Bill 105. Proposed revisions to §61-2-9a would expand a state statute relating to stalking. Various penalties are increased, and some existing statutory provisions are clarified, including a provision adding the definition “course of conduct” which would mean “a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose” in order to harass a person with whom “(the perpetrator) has or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney or another person due to a relationship…without a legitimate purpose.”

Under terms of the legislation, "harasses" would mean willful conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distress and may include “credible threats” which is defined as a “a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat could be carried out.”

“Legitimate purpose”
“Legitimate purpose" would be defined as any “legally recognized profession or governmental service which requires investigation of, interaction with or collection of information or fees from the person being followed or a familial relationship requiring custodial supervision of a minor or supervision of an incompetent or incapacitated adult or any labor dispute.”

In addition to these and other enhanced definitions, fines are increased for both initial and subsequent statutory offenses.

Domestic violence order
An additional bill provision relates to such harassing in terms of violations of domestic violence orders, parole and probation stipulations. In these situations, harassment penalties also would be increased to felonies if involving protective orders designed to  would be increased to “protect the person who is the alleged victim of a violation of the provisions of this (statue).”

If threats are made with intent to use a deadly weapon, the perpetrator would be guilty of a felony and could face a one-five-year jail term and $10,000 fine or both.

A last bill provision would require the governor’s Committee on Crime, Delinquency and Correction to “…develop and promulgate, in consultation with representatives of labor, rules on the response to stalking for state, county and municipal law-enforcement officers, law-enforcement agencies and communications and emergency operations centers which dispatch law-enforcement officers.”

Sponsored by Sen. Kessler. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb105%20intr.htm

Handheld cell phones would be prohibited while one is driving.

Senate Bill 137. Proposed §17C-14-3 would prohibit the use of handheld cellular telephones while driving and to provide a penalty for violations. Under the bill, a person may be fined for a violation, but no points may be assessed against his or her driver's license.

Sponsored by Sen. Jesse Guills, R-Greenbrier. Introduced Jan. 9. Referred to the Senate Transportation and Infrastructure Committee then the Senate Judiciary Committee.

Similar proposals have been introduced/considered in  a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb137%20intr.htm

 

Certain criminal records for those ages 18-26 could be expunged

 

Senate Bill 142. Proposed §61-11-26 would  allow for “limited expungement” of some criminal records for a nonviolent crime committed by a person between the ages of 18-26, including misdemeanors which were not a “crime of violence against the person.”

Courts could make a determination to expunge records relating to arrests, charges or “other matters arising out of the arrest or charge.”

If the court finds that there are no current charges or proceedings pending in relation to the matter for which the expungement is sought and that the petitioner has not been convicted of a felony or misdemeanor involving violence to the person of another or any sexual offense involving a minor, the court can grant the motion and order the sealing of all records in the custody of the court and expungement of any records in the custody of any other agency or official including law-enforcement records.

In the above case, every agency with “records relating to the arrest, charge or other matters arising out of the arrest or charge, that is ordered to expunge records, shall certify to the court within sixty days of the entry of the expungement order that the required expungement has been completed. All orders enforcing the expungement procedure shall also be sealed.”

There are several other provisions, including the declaration that – upon expungement – “proceedings in the matter shall be considered never to have occurred.”

Sponsored by Sen. Kessler. Introduced Jan. 9. Referred to the Senate Judiciary Committee.
Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb142%20intr.htm

Criminal offense would be established for employers who facilitate intrastate employment who are guilty of sexual offense with minor

Senate Bill 160. Proposed §61-8-29 would establish a criminal offense for employers who facilitate employment of any employee to other intrastate employment when such employee is known by the employer to have had sexual relations with an individual under age 18.

Proposed language
The proposed language reads:

“Whoever, being an employer within this state, directs, causes, persuades, induces, or entices the travel intrastate of an employee with the purpose or effect of facilitating the employment of such employee with another employer, if the employer knows that such employee engaged in sexual conduct with an individual who was under the age of (18) at the time of such sexual conduct, shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $500 nor more than $3,000, or confined in a correctional facility not more than five years, or both fined and confined.

“For purposes of this section, the term "sexual conduct" means: (1) Any conduct which would constitute a felony offense against a minor under (provisions of current law)…” which occurred during the course of employment.

Sponsored by Sen. Vic Sprouse, R-Kanawha. Introduced Feb. 10. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb160%20intr.htm

 

Criminal penalty would be established for parent who engages in manufacture of controlled substances while child is present

 

Senate Bill 177.  Proposed revisions to §49-6-5 and §61-8D-4 would make it a felony for “any person who has a child present in a home or other facility during the manufacture, possession or distribution of a controlled substance…”

If convicted, the individual(s) could receive a 10-35 year prison sentence.

In terms of a section of law regarding child abuse and neglect, the state would not be “required to make reasonable efforts to preserve the family if the court determines...the abusing parent or parents are found to have had the child present in the home or other facility during the manufacture, possession or distribution of a controlled substance…”

Sponsored by Sen. Unger. Introduced Jan. 31. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference:http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb177%20intr.htm

 

Measure relates to trafficking of persons and involuntary servitude

 

House Bill 4003. Proposed §61-2A-1 et. seq. would establish the crimes of human trafficking and involuntary servitude, providing criminal penalties for persons convicted of being involved in these crimes. 

One bill section relates to “sexual servitude of a minor” which would be defined as when “any person… knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, provide or obtain by any means, another person under (age 18), knowing that the minor will engage in commercial sexual activity, sexually-explicit performance or the production of obscene matter…or causes or attempts to cause a minor to engage in commercial sexual activity, sexually-explicit performance or the production of obscene matter…”

In those cases, the individual or individuals would be guilty of a felony and, in some cases primarily dependent upon  the minor’s age, could face up to a 35-year jail sentence if the violation involved “overt force or threat.”

Under bill provisions relate to trafficking of persons for forced labor or services and a provision relating to restitution for victims of these crimes.

There are several other bill sections, including an extensive definitions section.

Sponsored by Del. Bonnie Brown, D-Kanawha. Introduced Jan. 9. Referred to the House Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4003%20intr.html

Bill would define “acts of violence” in statute relating to “crimes against the peace”

 

House Bill 4024. Proposed revisions to §61-6-17 would, in a section of statute relating to “crimes against the peace,” define what is meant by false reports concerning “acts of violence.” The statutory provision also covers bombs or other explosive devices and false reporting regarding these instruments.

The proposed statutory definition of “acts of violence” would mean:

1. The presence of unauthorized armed individual on school property;
2. Individuals committing life threatening action which causes or is likely to cause serious bodily injury upon any other individual while on school property; or
3. The kidnapping or holding hostage of any student, faculty or staff or any other individual on school property.

Sponsored by Dels. Bill Hamilton, R-Upshur, and Mary Poling, D-Barbour. Introduced Jan. 10. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4024%20intr.htm

 

Elections

 

Additional sites could be established for early voting

Senate Bill 170. Proposed revisions to §3-3-5 would allow early voting to occur “in locations in addition to the county courthouse… as authorized by the clerk to provide convenient access for all voters, including, but not limited to, volunteer fire departments, public schools, or any location necessary for the convenience of early voters and deemed appropriate by the county clerk. The county clerk will insure that proper advertising and notice of additional early voting locations is accessible to the general voting population prior to the commencement of the early voting period. All satellite locations will be required to meet all of the standards and conditions set forth in this section. The county clerk shall designate one additional voting location in each magisterial district and each location will be available an equal amount of days and hours at each satellite location.”

Sponsored by Sen. Bailey. Introduced Jan. 10. Referred to the Senate Judiciary Committee then the Senate Finance Committee.

 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb170%20intr.htm

 

Governmental Entities

 

State Flood Protection Planning Council would be established

 

Senate Bill 7. Proposed §29-29-1, et. seq. would establish the state Flood Protection Planning Council whose purpose is to coordinate flood protection programs and to review and abate state flood protection plans.

The bill also would establish a Legislative Oversight Commission on Flooding.

The Council would be comprised of five members, including the Secretary of the Department of Military Affairs and Public Safety.

The bill itemizes 11 Commission powers and duties, including recommendation of legislation to “reduce and mitigate flood damage,” various public outreach and news media informational efforts regarding flooding and flood planning coordination with federal agencies.
Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Natural Resources Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb7%20intr.htm

Fleet fuel efficiency measure proposed

 

Senate Bill 11. Proposed §5A-3-49a would be to “ensure that state government exercises leadership in the reduction of petroleum based fuel consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels.

“Reduced petroleum use and the displacement of petroleum by alternative fuels will help promote markets for more alternative fuel and fuel efficient vehicles, encourage new technologies, enhance West Virginia's energy self-sufficiency and security, and ensure a healthier environment.

‘The bill provides preferences for providers of alternative fuel capable vehicles and combustion powered machines, and providers of fuels that contain not less than 20 percent alternative fuels.

“The bill also requires certification of the plans to reduce fuel consumption for state-owned vehicles to eighty percent of their 2006 by 2011 and for state subdivisions to 80 percent of their 2009 levels by 2014.”

(The above is taken from the Bill Note.)

Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Government Organization Committee then the Senate Finance Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb11%20intr.htm

State Agencies

Jobs Impact Statement would be required

 

Senate Bill 71. Proposed §5B-2F-1, et. seq. would require a Jobs Impact Statement to be completed by the West Virginia Development Office for certain proposed legislation which may impact both short-term and long-term jobs in this state.
Based on terms of the legislation, the bill applies to “proposed legislation which has an impact on the state's economy…”

Various types of reportage are required.

Statement components

According to the bill, the Jobs Impact Statement, using generally accepted methodology, would detail both short-term and long-term job effects of the proposed legislation and must include at least the following information:

1. A determination of the probable result of the legislation in terms of the number of West Virginia jobs which will be created, retained or eliminated;
   
   
2. A statement of the probable net impact of the legislation on employment levels and employment patterns in West Virginia; and
   
   
3. A determination of the relative impact on the number of West Virginia jobs by broad industrial sector (two-digit standard industrial classification).

There are several other provisions, including filing of the statements, etc.

Sponsored by Sen. Jenkins. Introduced Jan. 9. Referred to the Senate Economic Development Committee then the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a  previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb71%20intr.htm

 

Bill concerns information technology donations by state Treasurer

 

Senate Bill 85. Proposed §12-3A-7 would allow the State Treasurer to donate surplus information technology to political subdivision, educational, nonprofit, and charitable organizations. Recipients of donated technology are liable for all matters associated with the donated information technology.

Sponsored by Sen. Truman Chafin, D-Mingo. Introduced Jan. 9. Referred to the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb85%20intr.htm

 

$100 per month penalties would be imposed for failing to comply with Freedom of Information Requests – in addition to criminal penalties

 

Senate Bill 195. Proposed §29B-1-8 would impose civil penalties for failure to comply with Freedom of Information Act requests. The penalty is in increments of $100 for each month a custodian fails to comply or until a court orders compliance and is in addition to statutory criminal penalties currently existing.

Sponsored by Sen. White. Introduced Jan. 10. Referred to the Senate Judiciary Committee.

There is no House companion measure.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb195%20intr.htm

 

Bill removes term limitation for library boards of directors

 

House Bill 4010. Proposed revisions to §10-1-5 would remove the limitation on terms for members of public library boards of directors. (Current law specifies that directors can serve only two consecutive five-year terms.)

Sponsored by Dels. James Morgan, D-Cabell, and Del. Harold Michael, D-Hardy. Introduced Jan. 9. Referred to the House Government Organization Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4010%20intr.htm

 

Taxation

 

Personal Income Tax

Student loan interest could be deducted

 

Senate Bill 10. Proposed §11-21-12i would provide a tax deduction on interest paid on student loans and automobile loans.

Sponsored by Sen. Bailey. Introduced Jan. 9. Referred to the Senate Finance Committee.

A Fiscal Note is requested.

Similar proposals have been introduced/considered in a past legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb10%20intr.htm

 

Earned income tax credit proposed

 

Senate Bill 122. Proposed §11-21-10b would provide a nonrefundable earned income tax credit from the state personal income tax for taxpayers with qualifying children. The earned income tax credit is equal to 15 percent of  the federal tax credit.

Sponsored by Sen. Hunter. Introduced Jan. 9. Referred to the Senate Finance Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb122%20intr.htm

 

Unauthorized Substances Taxes

Bill would tax “unauthorized substances” such as cocaine, marijuana, “illicit alcoholic liquor”

 

Senate Bill 131. Proposed §11-28-1 et. seq. would impose excise taxes on certain unauthorized substances, including cocaine, certain low-street-value drugs, marijuana, certain controlled substances, illicit alcoholic liquor, certain beer, certain wine and mash.

Sponsored by Sen. Jenkins. Introduced Jan. 9. Referred to the Senate Finance Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb131%20intr.htm

Note: Senate Bill 133 will be reviewed in a subsequent issue of The Legislature. It relates to the state’s Payment In Lieu of Taxes legislation.

Also various consumers’ sales tax bills are not reviewed unless having direct bearing on public education, public education para-groups or similar attributes.

 

 

Tobacco

 

Bill would increase penalties for youth under age 18 who possess tobacco or tobacco products

Senate Bill 27. Proposed amendments to §16-9A-3 would increase the penalties for use or possession of tobacco or tobacco products by a person under age 18, eighteen years of age.

For a first offense the fine would be increased from $25 to $100 plus 40 hours community service (currently 8 hours).

For a second or subsequent violation, the fine would increase to $150, along with 60 hours community service along with revocation of the person's junior or graduated driver's license until age 18, or if the person does not yet have a junior or graduated driver's license, the person is ineligible to apply for any type of driver's license until age 18.

Sponsored by Sen.  Karen Facemyer, R-Jackson. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Similar legislation has been introduced/considered in a previous legislative session or sessions.

Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb27%20intr.htm

Bill would prohibit tobacco-smoking in vehicle when minor under age 14 is present

Senate Bill 96. Proposed §16-9A-10 would prohibit the use of lit tobacco products in a motor vehicle while individuals fourteen years of age or under are present.

Sponsored by Sen. Prezioso. Introduced Jan. 9. Referred to the Senate Transportation and Infrastructure Committee then the Senate Judiciary Committee.

Municipal courts could have jurisdiction for juveniles who violate tobacco laws/ordinances

 

Senate 103. Proposed amendments to §16-9A-3 would grant municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.

Sponsored by Sen. Facemyer. Introduced Jan. 9. Referred to the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb103%20intr.htm

Selling of candy or fruit-flavored cigarettes would be prohibited

Senate Bill 138. Proposed §16-9A-10 would prohibit the sale of candy or fruit-flavored cigarettes in this state.

Sponsored by Sen. Bailey. Introduced Jan 9. Referred to the Senate Judiciary Committee.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb138%20intr.htm

Measure would fund program to discourage tobacco use

 

Senate Bill 181. Proposed amendments to §4-11A-2, §5A-3-37, §11-17-3, and proposed §16-9A-1a and §16-9A-5 and proposed §33-16G-1 et. seq. would seek promote better health among the citizens of West Virginia by providing for funding for programs to discourage tobacco use, giving preference in state bidding procedures to employers who offer health insurance to employees, requiring health insurance plans to cover the cost of smoking cessation programs; to allow personal and corporate tax credits for smoking cessation programs and providing for or paying for exercise programs; prohibiting the advertisement of tobacco products at certain events; limiting sponsorship by tobacco interest; increasing the tobacco excise tax on all tobacco products; and, creating a special revenue account to cover the expenses of tobacco cessation advertising.

There are other provisions.

Sponsored by Sen. Prezioso. Introduced Jan. 10. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a previous legislative session or sessions.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb145%20intr.htm

Smoking would be prohibited in public places of employment and government vehicles

 

Senate Bill 209. Proposed §16-9G-1 et. seq. would prohibit smoking in public places of employment and government vehicles.

Sponsored by Sen. Foster. Introduced Jan. 11. Referred to the Senate Transportation and Infrastructure Committee then the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb209%20intr.htm

 

Briefly...

Senate Bill 21 would increase the barrel tax on nonintoxicating beer, allocating 50 percent of the tax to the Regional Jail Operations Partial Reimbursement Fund…Senate Bill 39 would increase the number of allowable magistrate court deputy clerks, designating an additional clerk for Braxton County…Senate Bill 53 would relates to a reduction of state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the adjusted gross income for state personal income tax purposes…Senate Bill 64 would place a limitation on the distribution, handing-out and/or dispensing public moneys by elected officials within 90 days of elections…Senate Bill 69 would increase the amount of incremental salary increases for eligible state employees from $50 to $75. Additionally, it would require the state Auditor to provide a benefits statement with a state officer’s or employee’s net wages. (The bill would apply to state employees having three or more years’ service.)…Senate Bill 72 would expand the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason, and Jackson Counties…Senate Bill 102 would include a checkoff option on state personal income tax returns to donate some or all of the tax refund to the Jackson’s Mill 4-H Camp (Checkoff Program)…

Senate Bill 117, a 56-page bill, would establish a tax incentive for the creation, construction or enlargement of tourism attractions or amenities, including bed and breakfast facilities, tourism attractions or amenities, through offsetting consumers sales and service taxes…Senate Bill 126 would require (private) employers to receive 50 percent of their revenues, or greater, from state funds to remain neutral in union issues, disputes and controversies…Senate Bill 129 would designate English as the official language of West Virginia…Senate Bill 151 would increase legislators’ compensation to $20,000 per calendar year (currently $15,000). The bill also would increase legislators’ expense reimbursements…Senate Bill 163 would create a state Criminal Justice Policy Council…Senate Bill 167 would authorize municipalities to enter into contracts for energy-savings contracts. Also refer to House Bill 4028…Senate Bill 168 would insert additional language in statute to make it harder for annexation of property without an election (from the Bill Note)…House Bill 4001 allow county commissions to regulate location of businesses selling sexually-explicit materials…House Bill 4034 would allow public employees to acquire a lump sum payment for unused annual leave days in excess of those that can be carried over annually.

         

The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

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