Jan. 10-12, 2007 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced Jan. 10-12, 2007 during the first week of the First 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/resolutions 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

 

Bills would raise compulsory schooling from age 16 to 18 House Bill 2088.

 

Proposed revisions to §18-8-1 would change the compulsory school attendance age from 16 to 18.

Sponsored by Del. Karen Spencer, D-Kanawha. Introduced Jan. 12. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/ hb2088%20intr.htm

A related bill, House Bill 2111, would change the compulsory school attendance age from 16 to 18 or “until graduation.”

House Bill 2111 is sponsored by Del. Tom Azinger, R-Wood. Introduced Jan. 12. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/ hb2111%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

County Boards

 

County boards would receive “reimbursement” for “full costs” of providing school nurses

Senate Bill 8. Proposed revisions to §18-5-22 would require the West Virginia Department of Education, through funds provided by the state, to reimburse county boards for the full cost of providing school nurses, as required by this section of law.

There are seven Senate sponsors, including lead sponsor Sen. Roman W. Prezioso Jr., D-Marion. Introduced Jan. 10. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb8%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.
 

Employers would be fined for failure to without child support income

House Bill 2038. Revised §48-14-407 would establish a $100 a day penalty for employers failing to withhold an employee's income for child support obligations.

Sponsored by Del. John Ellem, R-Wood. Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2038%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

County Board members could not act in an “individual capacity”

House Bill 2063. Proposed revisions to §18-5-4 and §18-5-5 would prohibit county board members, except as “expressly authorized by law,” from operating in an “individual capacity separate from the setting of a county board of education convened for the transaction of business.”

Additionally, the county board member, if acting individually, would be prohibited from “(making) obligations on behalf of the board, (from committing) the board’s funds (from utilizing) the board’s property, employees or services without prior knowledge and consent of the board.”

Members, if acting individually, would be prohibited from “administer(ing) the school system, (hiring) board employees, (supervising) or (evaluating) the board’s employees or students, (disregarding) the policies of the board or rules of schools or (attempting) to exercise any other authority relating to the county schools or school board outside the scope of authority expressly provided by statute.”

If violating its statutory provisions, members may be charged with malfeasance and would be subject to removal from office.

Pecuniary interest

The bill has an additional section saying that “when a question is put to a vote of the board, any member having a direct personal or pecuniary interest…shall announce this fact and request to be excused from voting…”

Further, “the member may be excused from voting if in the opinion of the presiding chair the disqualifying interest affects the member directly and not as one of a class.”

Sponsored by Del. David Perry, D-Fayette. Introduced Jan. 12. Referred to House Education, then House Judiciary, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/Bills/hb2063%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School Curricula

 

Instruction in “Founding Documents” would be required before graduation

 

House Bill 2081. Proposed revisions to §18-2-9 would require students to receive one-and one-half years’ instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation.

The bill would require students’ study of the historical, political and social environments at the time these documents were generated.

The above studies would have to be completed before students could study curricular offerings relating to social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history.

Sponsored by Del. John Overington, R-Berkeley. Introduced Jan. 12. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2081%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public School Support

 

Professional educators/school service personnel SAF Foundation Allowance would be increased

 

House Bill 2076. Revised §18-9A-4, -5 would increase the Foundation Allowances for professional educators and service personnel – commonly referred to as School Aid Formula Steps I and II – from 53.5 professional educators per 1,000 students to 55.0 professional educators per 1,000 students, and from 34.0 school service personnel per 1,000 students to 37.0 school service personnel per 1,000 students

Sponsored by Del. Perry. Introduced Jan. 12. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2076%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School Building Authority of West Virginia

 

Bill would establish relating to school facility ingress/egress safety

 

Senate Bill 67. Proposed §18-9F-1 through §18-9F-7 would authorize the School Building Authority of West Virginia to “facilitate” and provide county boards funding for enhancing the safe ingress and egress of pupils, school employees, parents, visitors and emergency personnel to and from West Virginia public schools

The legislation provides for county board submission of school access safety plans, based on guidelines and procedures approved by the SBA relating to school district plans and plan modification as well as Authority criteria for evaluating projects.

The governor has proposed allocating $10 million to fund the program through a special budgetary account.

Senate Bill 67 also outlines school access safety requirements for new school buildings built by the SBA.

There are several other provisions.

Editor’s Note: This proposed legislation will be discussed in the Jan. 19 issue of The Legislature.

Sponsored by Sen. President Earl Ray Tomblin, D-Logan, and Donald Caruth, R-Mercer (at the request of the governor). Introduced Jan. 11. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb67%20intr.htm

 

School Personnel

 

Employees could use accumulated sick leave to care for family members

                  
Senate Bill 51. Proposed revisions to §21-5D-4, -5 would “allow” employees to use paid accumulated sick leave as paid family leave for the purpose of caring for a family member.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 10. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb51%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Bill relates to voluntary resignations and Unemployment Compensation Benefits

 

Senate Bill 54. Proposed revisions to §21A-6-3 allow an individual who provides notice of future voluntary resignation but is required to leave his or her employment prior to the prospective resignation date to remain qualified for unemployment benefits from the time the notice is given to the employer until the end of the notice period or 30, whichever period is shorter.

Sponsored by Sen. Caruth. Introduced Jan. 10. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb54%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Schools would be required to post public notices of teachers’ and staff schedules

 

House Bill 2086. Proposed §18A-2-14 would require every school to post (and make available to the public) the schedule for every teacher and staff personnel in the school.

This information is to be made available by the second week of the school year and is to be “distributed to the staff and to the public without having to comply with the state’s Freedom of Information Act.”

If school officials fail to post the schedules, the principal of that school and the county superintendent “shall” be fined $500 each.

Sponsored by Del. Ron Fragale, D-Harrison. Introduced Jan. 12. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2086%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

$5,000 additional salary would be provided to math, science teachers teaching in field

 

House Bill 2001. Proposed revisions to §18A-4-2 would provide, in addition to current statutory pay, $5,000 annually to each classroom teacher who:
(1) Holds full state certification to teach in the subject area of mathematics and teaches in this subject area in grades 7 through 12; or
(2) Holds full state certification to teach in the subject area of science and teaches in this subject area in grades 7-12; or
(3) Holds full state certification as a reading specialist.

The $5,000 payments would be in addition to any amounts prescribed in the state minimum salary schedule. The moneys would be paid in equal monthly installments and considered a part of the state minimum salaries for teachers.
The payment provision would be applicable beginning July 1, 2008.
Sponsored by Del. Sammy Cann, D-Harrison. Introduced Jan. 11. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2001%20intr.htm
Similar proposals have been introduced/considered in previous legislative sessions.

Extension proposed to allow teacher retirees to substitute in critical need/shortage areas

 
House Bill 2105. Proposed revisions to §18A-2-3 would extend until 2010 the expiration date of current statutory provisions that permit retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits. 

There are 10 House sponsors, including lead sponsor House Education Committee Chairperson Del. Mary Poling, D-Barbour. Introduced Jan. 12. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2001%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

West Virginia Board of Education

 

Tornado safety awareness plan proposed

 

House Bill 2084. Proposed §18-2-5h would require the West Virginia Board of Education to promulgate rules relating to implementation of a tornado safety awareness plan to be utilized in public schools.

The rule, at a minimum, would require schools to:
(1) Designate a tornado shelter area, develop an evacuation plan and provide basic instruction to faculty and students on tornado safety awareness;
(2) Conduct a tornado drill to be practiced at least once during the first week of school each year;
(3) Assign staff members to monitor media for local weather conditions and take appropriate action when necessary; and
(4) Designate a special alarm to indicate when a tornado has been sighted or is approaching.
            Sponsored by Del. Mike Caputo, D-Marion. Introduced Jan. 12. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2084%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Vocational property would be vested with WVBE

 

House Bill 2087. Under terms of this bill, §18-2B-5 would be repealed. In doing so, vocational education property in the state would be vested with the WVDE.

Sponsored by Del. Fragale. Introduced Jan. 12. Referred to House Judiciary Committee. 
http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2018%20intr.htm

 

West Virginia Secondary Schools Activities Commission

 

Neck braces would be required for football players

 

House Bill 2018.  Proposed revisions to §18-2-25 would require the state Secondary School Activities Commission to adopt rules requiring use of neck braces for football players participating in interscholastic athletic football events.

Wearing of neck braces would be in addition to the head gear and other protective equipment “ordinarily worn in those events.”

Sponsored by Del. Caputo. Introduced Jan. 11. Referred to House Education Committee, then House Finance Committee.

http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2018%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Teacher's Retirement System

 

TRS benefits would be exempt from state income tax for some retirees

 

Senate Bill 17. Revised §11-21-12 would provide a state income tax exemption for any TRS member who elected prior to March 6, 1972, to participate to the full extent of their salary in the (TRS).

The income tax exemption would amount to the “extent of the (TRS) benefits received.”

Sponsored by Sen. Prezioso. Introduced Jan. 10. Referred to the Senate Pensions Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb17%20intr.htm

 

“Rule of 80” TRS retirement proposed

 

House 2097. Revised §18-7A-25 would allow a TRS member to retire with full pension “rights” when the member’s age plus years of contributing service equals or exceeds “80.”

Sponsored by Del. Richard Browning, D-Wyoming. Introduced Jan. 12. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2097%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Public Employees Insurance Agency

 

PEIA would cover testing for chronic kidney disease

Senate Bill 18. Proposed §5-16-7f and revised §9-5-20 would require the Public Employees Insurance Agency and Medicaid to cover testing for chronic kidney disease and to provide some outreach by the Bureau for Public Health to providers regarding chronic kidney disease.

The PEIA plan would provide an enrollee or beneficiary having a diagnosis of diabetes or hypertension who has a family history of kidney disease, with coverage for an evaluation for chronic kidney disease through routine clinical laboratory assessments of kidney function.

Generally recognized diagnostic criteria

The diagnostic criteria used to define chronic kidney disease would be that generally recognized through clinical practice guidelines which identify chronic kidney disease or its complications based on the presence of kidney damage and level of kidney function.

Under terms of the proposed legislation, the plan could not deny PEIA enrollees the right to enroll or renew their PEIA coverage “solely for the purpose of avoiding the requirements of this section” nor can it penalize, reduce or limit the “reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section.”

As written, the proposed statute couldn’t be construed to prevent a health benefit plan policy or a health insurer offering health insurance coverage from negotiating the level and type of reimbursement with a care provider.

Policy provisions are to be included in any PEIA insurance plan delivered after July 1, 2006.

Medicaid Enrollees

Medicaid enrollees are to be made aware of:
(1) Managing risk factors, which prolong kidney function or delay progression to kidney replacement therapy;
(2) Managing risk factors for bone disease and cardiovascular disease associated with chronic kidney disease;
(3) Improving nutritional status of chronic kidney disease patients; and
(4) Correcting anemia associated with chronic kidney disease.

Sponsored by Sen. Prezioso. Introduced Jan. 10. Referred to Senate Health and Human Resources Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb18%20intr.htm

 

Bill relates to capping retirees’ PEIA premiums

 

Senate bill 43. Revised §5-16-5 would prohibit retirees premium assessments from exceeding 50 percent of the retired employee's annuity from a public retirement plan administered by the Consolidated Retirement Board, whether calculated on a monthly or annual basis, respectively.

Sponsored by Sen. Caruth. Introduced Jan. 10. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb43%20intr.htm

 

PEIA would be required to cover acupuncture treatment

 

Senate Bill 49. Revised §5-16-7 and proposed §33-15-4i,  §33-16-3s, §33-247i, §33-25-8g and §33-25-8h would require health insurance policies and plans, including those administered by PEIA, to cover 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.

http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb49%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would clarify that county board employees who work for 30 consecutive days qualify for PEIA Coverage

 

House Bill 2070. Revised §5-16-2, -5, and -25 would clarify that  county board employees who work full time for more than 30 consecutive days qualify for PEIA coverage. The measure also would repeal the 80-20 requirements which require payment of 20 percent of the aggregate premium by active employees; and to increase the amount that PEIA can have in their reserve fund from 15 percent to 20 percent.

Sponsored by Del. Browning. Introduced Jan. 12. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2070%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Several optional services would be made available to retired PEIA participants

 

House Bill 2073. Revised §5-16-15 The purpose of this bill would allow PEIA retirees to have access to the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current PEIA participants.

Sponsored by Del. Perry. Introduced Jan. 12. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2073%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would credit deceased PEIA participant’s to spouse/dependents for purposes of extending insurance coverage

 

House Bill 2109. Revised §5-16-13 would credit a deceased teacher's sick leave toward continued insurance coverage for a surviving spouse and other dependents. The bill provides that if a surviving spouse or other dependents are not covered by the deceased spouse's (PEIA) insurance, that they receive the monetary value of the accumulated sick leave.

Sponsored by Del. Caputo. Introduced Jan. 12. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2109%20intr.htm

 

Public Employees Retirement System

 

PERS members would have option to repurchase sick leave for retirement credit if not able to do so originally due to illness

 

Senate Bill 40. Revised §5-10-15a would  allow state employees that were unable to convert accumulated sick leave into credited service for retirement, due to having to use it during times of illness, to have the option to purchase it back by having withholdings taken from future pay.

Sponsored by Sen. Shirley Love, D-Fayette. Introduced Jan. 10. Referred to Senate Pensions Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb40%20intr.htm

 

PERS retirement multiplier would be increased to 2.25 percent

 

Senate Bill 47. Proposed §5-10-22 would provide Public Employees Retirement System retirees to receive a straight life annuity equal to 2.25 percent of his or her final average salary multiplied by the number of years, and fraction of a year, of his or her credited service in force at the time of his or her retirement.

The bill’s provisions would be effective July 1, 2007.

Another proposed revision would strike language deemed void by the state Supreme Court as relating to legislators’ PERS participation. The statutory provision allowed retired legislators to receive PERS annuity payments relative to legislative salary increases.

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced by Sen. Ed Bowman, D-Hancock. Introduced Jan. 10. Referred to the Senate Pensions Committee, then Senate Finance Committee.

The two House companion bills are House Bill 2003 and House Bill 2054. The former is sponsored by Dels. Browning and Perry. Introduced Jan. 11. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2003%20intr.htm

Del. Fragale sponsored House Bill 2054. It was introduced Jan. 11. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2054%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Bill would prevent disability pension reduction

 

House Bill 2013. Revised §5-10-25 would prevent a reduction in the annuity of a person who retires with disability retirement at age 65.

Sponsored by Del. Browning. Introduced Jan. 11. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2013%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

One-time PERS supplement proposed

 

House Bill 2015. Proposed §5-10-22j would provide a one-time supplement retirement supplement (equal to 5 percent of his or her annuity benefit) to PERS retirees who, as of July 1, 2007, are less than age 65 and who have been granted disability retirement  and who have been a PERS annuitant for at least 5 consecutive years.

The same 5 percent supplement would apply to annuitants who have been retired for at least five consecutive years and who is at least age 65.

The one-time supplement provided in this section applies only to members who have retired prior to or as of the effective date allowed by law, or, if applicable, to beneficiaries, regardless of age, receiving PERS benefits prior to or as of the effective date of this proposed statutory provision.

The supplement must be considered within possible IRS taxing guidelines.

There are other provisions.

Sponsored by Del. Browning. Introduced Jan. 11. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2015%20intr.htm

 

PERS, TRS retiree benefits would be increased by total 15 percent

 

House Bill 2017. Proposed §5-10-22j  and §18-7A-26u would give retired state personnel and retired teachers a 5 percent a year increase in retirement benefits over the next 3 years.

Sponsored by Del. Caputo. Introduced Jan.11. Referred to House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2017%20intr.htm

 

Higher Education

 

Bill would allow fee increase for students taking more hours than those necessary for being defined as full-time student

 

Senate Bill 16. Revised §18B-10-1 would authorize each of the state’s higher education governing board to increase fees of students taking more hours of course work than the number of hours of course work defined as full-time.

Sponsored by Sen. Frank Deem, R-Wood. Introduced Jan. 10. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb16%20intr.htm

 

EDUCATION-RELATED

Abortion

 

Senate Bill 72. Proposed revisions to §16-2F-2. ET. Seq. would require 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 medical file of the minor. The bill creates civil liability, criminal penalties, and mandates certain reporting requirements and also 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. 12. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb72%20intr.htm

 

48 hours’ parental notice would be required of minors seeking abortions

 

House Bill 2037. Proposed amendments to §16-2F-3 would require 48 hours’ notice to the parents of a minor seeking an abortion before an abortion could be performed.

Introduced by Del. Larry Border, R-Wood. Introduced Feb. 2. Referred to House Health and Human Resources, then House Judiciary, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2037%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Child Welfare

 

Bill would recognize health benefits of breast-feeding for infants

 

Senate Bill 7. Proposed §16-1-19 and §52-18 would require the Secretary of the Department of Health and Human Resources to develop a program to encourage employers to provide safe and convenient facilities for mothers who are breast feeding, and to provide for designation and public recognition of those mother/infant-friendly employers who facilitate breast feeding by employees by providing breaks from work, convenient facilities including available refrigerated storage, flexible schedules, or other means.

Another bill provision would permit breast-feeding mothers to be excused from jury duty.

Sponsored by Sen. Foster. Introduced Jan. 10. Referred to the Senate Health and Human Resources Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb7%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Factors outlined for grandparent visitations

 

Senate Bill 31. Revised §48-10-502 would revise the state’s grandparent visitation statute to include additional factors for circuit court determination of visitation rights, including the child's relationship with the parent contesting grandparent visitation; any history of abuse by the parent, any criminal activity or history on the part of the parent and the amount of time the child spent with the grandparents prior to the absence of contact.

Sponsored by Sen. Caruth. Introduced Jan. 10. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb31%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure establishes procedure for males to protest paternity allegations

 

House Bill 2030.  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.

Based on the above two consideration, 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 Del. Azinger. Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2030%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Crimes

 

Law enforcement officials could detain suspects to inquire about crimes where probable cause seems to exist

 

Senate Bill 9. Proposed §62-1-1a would allow law-enforcement officers who encounter “any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person's presence in the place which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.”

No individual could be temporarily detained longer than is “reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof,” although arrests could be made if “probable cause for arrest of person shall appear…”

The individual arrested can be released if, “after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear…”

Searches

The bill permits detainees to be searched but “only” if the law enforcement official has probable cause to “believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses a weapon or any evidence of a criminal offense, it may be seized.”

“No evidence seized by a law-enforcement officer in any search (under this proposed section of law would be) admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the (statutory section)…”

Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Jan. 10. Referred to Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb9%20intr.htm

 

Bill relates to un-licensed establishments providing “free beer”

 

House Bill 2012. Proposed §11-16-5, ET. Seq. would allow counties and the Alcohol Beverage Control Commissioner a means to curb proliferation of unlicensed establishments that "give away" nonintoxicating beer upon the payment of an entertainment cover charge. According to the Bill Note, this would be accomplished by establishing the same kind of public nuisance provisions with relation to nonintoxicating beer as there currently exist for alcoholic liquor.

There are several bill provisions.

Sponsored by Del. Cann (by request). Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2012%20intr.htm

 

Bills relate to setting fires in public right-of-ways

 

House Bill 2014. Proposed §61-3-6a would prohibit individuals from “willfully and maliciously set fire to or burn, or cause to be burned, or aid, counsel, procure, persuade, incite, entice or solicit any other person to burn any property in a public right-of-way or public road.”

Persons who violate the statute would for the first time would, upon conviction, be guilty of a misdemeanor.

Persons convicted for violating the law for second or subsequent offenses would be guilty of a felony and could face a one- to three-year prison sentence as well as a $10,000 fine.

Sponsored by Dels. Charlene Marshall and Robert Beach, both D-Monongalia. Introduced Jan. 11. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2014%20intr.htm

Also refer to House Bill 2045. It would allow paid municipal fire departments to investigate suspicious or illegal fires set in public rights-of-ways. It also would allow these fire departments to gather evidence at the scenes of such fires.

Sponsored by Del. Marshall. Introduced Jan. 11. Referred to House Political Subdivisions Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2045%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Falsely reporting child abuse would become criminal offense

 

House Bill 2033. Proposed §61-8D-10 would establish the criminal offense of falsely reporting “sexual or physical abuse of a child to any law-enforcement agency or to any Child Protective Services.”

Those convicted of the crime would be guilty of a misdemeanor and, upon conviction, would be sentenced to no less than 40 hours of community service.

In addition to the criminal penalty, the person convicted is also liable to the person falsely accused of child abuse for the reasonable attorney fees, court costs and lost income he or she incurred as a result of the false charge of child abuse.
There are other provisions.

Sponsored by Del. Bonnie Brown, D-Kanawha. Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2033%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to bond in domestic violence cases

 

House Bill 2040. Revised §62-1C-17c would allow, as a condition of bond in domestic violence cases, stipulations that a household member charged with the offense(s)”may not initiate contact with the victim or the complainant, come within one hundred feet of the victim or complainant, enter the complainant's residence, school, business or place of employment.”

These provisions would replace current language which allows sentencing authorities to set bail conditions.

Sponsored by Del. Ellem. Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2040%20intr.htm

 

Bill defines impersonation of public officials in terms of operating vehicles

 

House Bill 2052. Revised §61-5-27a would specify that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship.

There are four House sponsors, including lead sponsor Del. William Stemple, D-Calhoun. Introduced Jan. 11. Referred to House Judiciary Committee. Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure creates offense of sexual battery

 

House Bill 2053. Proposed §61-8B-6 would create the offense of sexual battery which is defined as occurring when any person who, “without consent, subjects another person to any sexual contact…”

Sexual battery is a misdemeanor.

Those convicted would face a jail sentence and could be fined up to $1,000 per occurrence.

Sponsored by Del. Greg Tansill, R-Taylor. Introduced Jan. 11. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2053%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns Meth registry circuit clerks would maintain

 

House Bill 2089. Proposed §60A-10-16 would require the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution; and, requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons relative to methamphetamine production or distribution.

Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Jan. 12. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2089%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill concerns continuation of misdemeanor/felony cases

 

House Bill 2090. Proposed §50-5-7 would allow for the continuation of misdemeanor prosecutions in cases where a defendant is charged by complaint with both a felony and misdemeanor.

Sponsored by Del. Jack Yost, D-Brooke. Introduced Jan. 12. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2090%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would ban soliciting on highways

 

House Bill 2100. Proposed §17-19-13a would prohibit charitable organizations from soliciting donations or contributions on public highways.

As stated in the proposed legislation, “no person may approach a motor vehicle on a public highway with a federal or state highway designation for the purpose of soliciting a contribution from the occupant of the motor vehicle on behalf of a charitable organization.”

A person violating the provisions of the statute would be issued a warning citation for the first offense, and the name of the charitable organization conducting the solicitation would be forwarded to the Secretary of State for investigation to determine whether the charitable organization is properly with that office.

The name of the organization also would be forwarded to U.S. Department of Revenue for investigation to determine whether the charitable organization is in compliance with state tax laws.

For a second or subsequent offense, a person convicted of violating the statute would be guilty of a misdemeanor and would be fined from $50 to $500.

Sponsored by Del. Bill Hamilton, R-Upshur. Introduced Jan. 12. Referred to the House Judiciary Committee,             http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2100%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Armed assault on school property would be felony

 

House Bill 2108. Proposed §61-2-15b would make armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students who are on school property, a felony punishable by 25 years imprisonment and a $10,000 fine.

The bill defines “armed assault” as “an aggressive attack upon school property, or upon school personnel or students who are on school property, using weapons of deadly force including, but not limited to, guns, bombs or other explosive devices, and knives, spears or arrows.”

The term conspire, as included with the bill definition, means “two or more persons joining in an agreement to plot or contrive an armed assault upon school property, or upon school personnel or students on school property, and who have acquired or made positive steps to acquire weapons of deadly force to carry out such an assault.”

Sponsored by Del. Caputo. Introduced Jan. 12. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2108%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Elections

 

Bill concerns campaign contributions threshold reporting

 

House Bill 2066. Proposed §3-8-5a would lower the threshold required for reporting certain information about individuals, firms, associations or committees contributing to a campaign from two hundred fifty dollars to one hundred dollars.

The pertinent language reads, “(Each campaign financial statement shall include) the name of any person making a contribution and the amount of the contribution. If the total contributions of any one person amount to $100 (currently $250) or more, the residence and mailing address of the contributor and, if the contributor is an individual, his or her major business affiliation and occupation shall also be reported.

“A contribution totaling more than $50 (U.S. currency) or of any foreign country by any one contributor is prohibited…"

“The statement on which contributions are required to be reported by this subdivision may not distinguish between contributions made by individuals and contributions made by partnerships, firms, associations, committees, organizations or groups.”

Sponsored by Dels. Overington and Linda Sumner, D-Raleigh. Introduced Jan. 12. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2066%20intr.htm

 

Juveniles

 

Underage drinking fine status would change

 

Senate Bill 76. Revised §60-3-22a would include underage drinking as an unlawful act rather than a status offense.

Sponsored by Sen. Jeffrey Kessler, D-Marshall, and four other senators. Introduced Jan. 12. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb76%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure creates offense of failing to supervise a child

 

House Bill 2002. Proposed §61-8D-3b would create the offense of failing to supervise a child; it provides affirmative defenses; allows a court to order payment of restitution; provides that a court may give a warning and suspension of imposition of sentence for first offense; allows a court to order, for second offense, parent and child to complete a parent effectiveness program in lieu of fine; and punishes violations by a maximum fine of $1000.00 or community service.

As defined in the proposed legislation, a parent, guardian or custodian would commit the offense of failing to supervise a child under age 18 if the child:
(1) Commits an act that brings the child within the jurisdiction of the juvenile court;
(2) Violates a curfew law of a municipality, county or any other political subdivision of this state;
(3) Fails to attend school as required under the provisions of §18-8-1.

Sponsored by Del. Eustace Frederick, D-Mercer. Introduced Jan. 11. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2002%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure increases parental liability for crimes committed by juveniles

 

House Bill 2023. Revised §55-7A-2 would clarify that a "victim" under the Victim Protection Act includes that person damaged by the acts of juveniles

According to the Bill Note, the proposed legislation also would increase the liability of parents for the malicious or criminal acts of their children.

Sponsored by Del. Ellem. Introduced Jan. 11. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2023%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Taxation

 

Property Taxation

Bill would allow property tax deferral

 

Senate Bill 53. Proposed §11-6B-8 would permit county commissions to allow resident homeowners age 65 and older to defer the payment of property tax increases to their residential property during their lifetime.

As stated in the bill, “Upon the death of the homeowner or his or her spouse, whichever is later, the deferred taxes shall be recaptured, without interest, upon the sale or transfer of the house.”

Sponsored by Sen. John Yoder, D-Jefferson. Introduced Jan. 10. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb53%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Five-year cycle would be established for property valuations

 

House Bill 2022. Revised §11-1C-9 would change the property periodic valuation cycle from 3 years to 5 years.

The measure also would provide for a 10 percent cap on any increase in assessment in any one year.

Sponsored by Del. Ellem. Introduced Jan. 11. Referred to the House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2022%20intr.htm

Also refer to House Bill 2074. This measure would provide for a 5 percent cap on any property valuation increase in any one year.

There are three House sponsors, including lead sponsor Del. Tim Manchin, D-Marion. Introduced Jan. 12. Referred to House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2074%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns Class II property definition

 

House Bill 2029. Revised §11-8-5 would make a change in the definition of Class II property so that it would include, in addition to property owned, used and occupied by the owner exclusively for residential purposes or “used and occupied by the owner's immediate family member or members exclusively for residential purposes without compensation for the use being paid to the owner by the immediate family member or members.”

Sponsored by Del. Fragale. Introduced Jan. 11. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2029%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to business inventory for resale

 

House Bill 2050. Revised §11-3-1 would allow county assessors to “choose not to impose…property tax…” for business inventory property for a particular county if the business inventory is intended for resale by a business.

Sponsored by Del. Brent Boggs, D-Braxton. Introduced Jan. 11. Referred to House Political Subdivisions Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2050%20intr.htm

 

Vehicle tax exemption amount would be revised

 

House Bill 2055. Revised §11-5-15 would reduce the personal  property tax valuation of motor vehicles by $10,000, not to exceed a value of less than zero.

Sponsored by Del. Spencer. Introduced Jan. 11. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2055%20intr.htm

 

Crafts people property taxation proposed

 

House Bill 2067. Revised §11-5-1 would exempt from personal property taxation, the equipment, inventory and raw materials of crafts people who have had their work evaluated and accepted or juried and accepted by the West Virginia Arts and Crafts Guild or by a similar organization.

There are three House sponsors, including lead sponsor Del. David Perdue, D-Wayne. Introduced Jan. 12. Referred to House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2067%20intr.htm

 

Consumers Sales Tax

Bill would gradually eliminate food sales tax

 

Senate Bill 52. Revised §11-15-3a would gradually remove the sales tax on food by June 30, 2008.

Sponsored by Sen. Jenkins. Introduced Jan. 10. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb52%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Commercial laundry/linen services would be exempt from consumers sales tax

 

Senate Bill 58. Revised §11-15-2 would include the persons, firms and corporations defined as "commercial laundry" and "linen and garment rental services" conducting business in this state within the definition of manufacturing for consumer sales and use tax purposes. This bill will insure that "commercial laundry" and "linen and garment rental services" are treated, for consumer sales and use tax purposes, the same as other manufacturing activities.

Sponsored by Sen. William Sharpe, D-Lewis. Introduced Jan. 10. Referred to Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb58%20intr.htm

 

Bill would remove consumers sales tax on clothing

 

House Bill 2032. Proposed §11-15C-1, -2 would establish the “Tax Relief Act of 2007.”

The measure would remove the consumer's sales tax on sales of clothing. The tax commissioner is authorized to propose rules to further the intent of the article.

As specified in the bill, “clothing” would  mean any article of wearing apparel, including footwear, intended to be worn on or about the human body.

It would not include watches, watchbands, jewelry, handbags, handkerchiefs, umbrellas, scarves, ties, headbands or belt buckles.

Sponsored by Del. Mitch Carmichael, R-Jackson. Introduced Jan. 11. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2032%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Income Tax

Bill relates to Earned Income Tax Credit

 

Senate Bill 75.  Revised §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% of the federal credit.

Sponsored by Sen. Jon Blair Hunter, D-Monongalia. Introduced Jan. 12. Referred to Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb75%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would redirect budget surplus to needy families

 

House Bill 2103. Proposed §4-1-2a would direct one half of any budget surplus in a fiscal year equally to every West Virginia family or individual whose gross income is within 200% of the poverty line in the form of a tax rebate to be mailed on July 1, 2007.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced Jan. 12. Referred to House Finance Committee.

 

Tobacco

 

Candy- or fruit-flavored cigarettes sales would be banned

 

Senate Bill 1.  Proposed §16-9A-9a would prohibit the sale of candy or fruit-flavored cigarettes in West Virginia.

Sponsored by Sen. Foster. Introduced Jan. 10. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee,
http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb1%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would increase cigarette taxes

 

House Bill 2082. Revised §11-17-3 would increase from 55 cents to $1.55 the rate of the tax on cigarettes. The bill also dedicates the first $5 million to the Department of Agriculture crop transition programs.

Sponsored by Del. Carmichael. Introduced Jan. 12. Referred to House Health and Human Resources Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2082%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Miscellaneous

 

Legislators

Legislative Pay increase proposed

 

Senate Bill 38. Revised §4-2A-2 would set legislative compensation at $25,000 annually. There are other provisions relating to per diem pay.

Sponsored by Sen. Yoder. Introduced Jan. 10. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb38%20intr.htm

 

Non-profit organizations

Training would be required for non-profit organizations who receive state funds

 

Senate Bill 10.Revised §31E-8-802 would require “any director or member of the board of directors of a nonprofit corporation as provided in this chapter that receives any money from a state agency of West Virginia or receives funding by the federal government where the money is disbursed through an agency of the state must complete at least three hours of training in the administration and operation of nonprofit corporations. It is the responsibility of the state agency that provides funding for the nonprofit corporation or the state agency from which federal money is disbursed to the nonprofit corporation to establish, develop and provide the required training. The training is to be provided by the particular state agency to a director or member of the board of directors of a nonprofit corporation within the first six months of his or her appointment to the position. The director or members of the board of directors who are required to participate in this training are entitled to reimbursement from the nonprofit corporation for all reasonable expenses and travel that is incurred in participating in the training.”

Sponsored by Sen. Caruth. Introduced Jan. 10. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb10%20intr.htm

 

Non-profit organizations wouldn’t have to pay for vehicle registrations

 

House Bill 2091. Under terms of this proposed legislation nonprofit organizations would be exempt from paying an annual motor vehicle registration fee for vehicles used exclusively to carry out its goals and purposes.

Sponsored By Del. Perry. Introduced Jan. 12. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2091%20intr.htm

 

State Agencies

Jobs Impact Statement would be required

 

Senate Bill 19. 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 reportage is 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. 10. Referred to Senate Economic Development Committee, then Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb19%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Commission for a Drug-Free West Virginia Proposed

 

Senate Bill 27. Proposed §7-4-6b would establish the commission for a drug-free West Virginia, and to provide for the creation of local coordinating councils to plan, monitor, and evaluate local comprehensive drug abuse programs.

The purpose of the Council is to “improve the coordination of alcohol and other drug abuse efforts at both the state and local levels in an effort to eliminate duplication of efforts while ensuring that comprehensive alcohol and other drug programs are available throughout West Virginia.”

 

Responsibilities

 

Accordingly, the Commission’s responsibilities include the following:

(1) Establishing an interagency council on drugs to coordinate the alcohol and other drug education, prevention, treatment, and justice programming and funding responsibilities of state agencies, commissions, and boards including the approval of alcohol and other drug plans and funding applications by state agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and other drug abuse and the needs, programming, and effectiveness of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating councils with technical assistance, guidance, or direct funding resources.
(4) Continuing to assist the development of local coordinating councils to identify community drug programs, coordinate community initiatives, design comprehensive, collaborative community strategies, and monitor anti-drug activities at the local level.
(5) Establishing roles, responsibilities, and performance standards for the local coordinating councils.
(6) Recommending to the Governor and Legislature long and short range goals, objectives, and strategies, including legislative proposals to be implemented on the state and local level to reduce drug abuse.
(7) Assisting local communities in the development of citizen based drug related crime control efforts.

 

Council Membership

 

The Council would be comprised of the governor and 15 members he or she would appoint, including representatives from the family relations, education, religious, civic, news media, and civic groups, etc.

Four members of the Legislature shall serve as nonvoting members of the commission. The President of the Senate would appoint two senators, both of whom may not be members of the same political party. The Speaker of the House of Delegates would appoint two delegates, both of whom may not be members of the same political party.

The governor or his or her designee would

There are several other bill provisions relating to coordinating council operations.

Sponsored by Sen. Caruth. Introduced Jan. 10. Referred to the Senate Health and Human Resources Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb27%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to Investment Management Board and its investing authority

 

Senate Bill 46. Proposed §12-6-8, as stated in the Bill Note, would “give the West Virginia Investment Management Board flexibility when making investments.”

Accordingly, the bill relaxes certain existing investment restrictions; permits investment in alternative investments that are commonly invested in by other, similar pension funds; permits market transactions that are commonly engaged in by other similar pension funds; and provides that the investment powers of the board are to be liberally construed to permit the board to achieve its corporate purposes, at all times in a manner consistent with the prudent investor standard.

Sponsored by Sen. Foster. Introduced Jan. 10. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb46%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill aims at purchasing card uniformity among agencies

 

Senate Bill 56. Proposed amendments to §12-3-10a, -d, -e would provide purchasing card uniformity throughout state agencies.
            As stated in the bill, purchasing cards could be use to purchase the following:

(1) Travel expenses directly related to the job duties of the traveling employee, including fuel and food;
(2) any routine, regularly scheduled payment, including utility payments and real property rental fees;
(3) Emergency payments authorized by the Auditor; and
(4) any other payment authorized by the Auditor.

 

Purchasing Card “amounts” to be determined Auditor/Laws

 

The amount of the purchases made by a purchasing card would be determined by the Auditor and all laws, rules and regulations of the Purchasing Division shall be followed for all nonexempt purchases made with the purchasing card. Purchasing cards issued under the provisions of this section shall only be used for official state purchases.

The auditor would be required to report to the Joint Committee on Government and Finance all goods or services for which payment was made by a purchasing card during that fiscal year.

There are several other bill provisions.

Sponsored by Sen. Joseph Minard, D-Harrison. Introduced Jan. 10. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb56%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to venue for suits

 

Senate Bill 60. Revised §14-2-2  would remove the requirement that various lawsuits must be brought in Kanawha County Circuit Court, including suits which involve the governor, state officers, or state agencies (except as garnishee or suggestee).

Sponsored by Sen. Bowman. Introduced Jan. 10. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb60%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public works projects receiving federal funds would be exempt from prevailing wage laws

 

House Bill 2049. Proposed §21-5A-12 would exempt public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws.

Sponsored by Del. Overington. Introduced Jan. 11. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2049%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would establish state Transportation Oversight Commission

 

House Bill 2106. Proposed §17-2E-1, ET. Seq. would establish the West Virginia Transportation Oversight Commission.

These are among bill provisions:

The commission shall consist of 25 members, 3 from each of the 5 designated transportation districts; 2 from each of the three congressional districts and 4 at-large members.

The members are private citizens and selected as follows:

1. 6 members, 2 from each of the 3 state congressional districts, appointed by the governor, with the advice and consent of the Senate;
2. 4 at-large members from any part of the state, appointed by the Governor, with the advice and consent of the Senate;
3. 15 members, 3 from each of the five transportation districts, as designated in the legislation, “elected” by the state legislative delegations from each of those districts.

Transportation Districts

 

The bill establishes five transportation districts. The districts would be comprised of these counties:

(1) District One: Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler, Pleasants, Monongalia, Marion, Taylor, Ritchie and Doddridge;
(2) District Two: Wood, Wirt, Calhoun, Gilmer, Lewis, Harrison, Barbour, Mason, Jackson, Roane, Clay, Braxton, Upshur, Nicholas and Webster;
(3) District Three: Putnam, Kanawha, Boone and Raleigh;
(4) District Four: Cabell, Wayne, Lincoln, Mingo, Logan, McDowell, Wyoming and Mercer;
(5) District Five: Fayette, Summers, Monroe, Greenbrier, Pocahontas, Randolph, Pendleton, Tucker, Preston, Grant, Hardy, Mineral, Hampshire, Morgan, Berkeley and Jefferson.

Each legislative delegation, consisting of the senators and delegates from each of the transportation districts created would elect 3 members to the Transportation Oversight Commission.

For purposes of the bill, a senatorial district which may be contained in two or more transportation districts would be considered in the transportation district which contains the largest number of residents from that transportation district.

The bill has numerous provisions relating to commission functions, meetings, and its scope and purpose.

 

Powers and Duties

 

As stated in the proposed legislation, the commission has the following powers and duties, namely to:

(a) To study current and proposed transportation plans for the state, including, but not limited to, construction and design of transportation systems, preservation and revitalization of existing transportation systems, construction and design of local and statewide mass transit systems;
(b) To develop local and statewide strategic highway proposals;
(c) To develop local and statewide mass transit proposals;
(d) To develop local and statewide transportation system proposals;
(e) To deliver an annual report to the governor and the Legislature, on or before the January 1 of each year, beginning on or before (January 1, 2007).
(f) To attend public meetings and hearings on proposed transportation projects to give the views of the commission.

There are numerous other provisions.

Sponsored by Del. Frederick. Introduced Jan. 12. Referred to the House Government Organization Committee, then the House Finance Committee,  http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2106%20intr.htm

House Bill 2044, a related bill which revises §8-27-12,  would designate urban mass transportation authorities as transportation coordinating bodies for their service areas.

Sponsored by Del. Marshall. Introduced Jan. 11. Referred to the House Roads and Transportation Committee, then the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2044%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Certain income would be excluded for at-risk families covered under the West Virginia Jobs Act

 

House Bill 2065. Revised §9-9-3 wouldexclude as income, school loans, scholarships and grants, received by a parent of an at-risk family under the WV Works Act.

Sponsored by Del. Caputo. Introduced Jan. 12. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2065%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Briefly

Senate Bill 2 would allow county commissions to provide, through ordinances, regulation and restrictions for video lottery locations…Senate Bill 15 would provide salary increases for Division of Corrections’ and Division of Juveniles Services’ employees, based on years of experience…Senate Bill 5 would “place” the West Virginia Science and Cultural Center under the authority and control of the General Services Division – Department of Administration…Senate Bill 22 would provide a housing supplement for members of the State Police…Senate Bill 25 would require attendance by elected/appointed officials at official meetings of the governing bodies and committees of municipalities. Mandamus could be sought to enforce the legislation…Senate Bill 64 would include Cabell,  Mason  and Jackson Counties as part of the Route 2/Interstate 68 Authority…Senate Bill 73 relates to regulating the sale and use of fireworks…

House Bill 2005 would establish a procedure where a Public Service District Commissioner could be removed from office “forthwith and without cause,” based on a petition containing a simple majority of the public service district’s customer accounts. The petition must request the removal of the PSD Commissioner. There are other provisions…House Bill 2006 would allow income deductions for tax purposes for gifts to West Virginia charities…House Bill 2016 relates to municipal elections and includes a provision that would allow an unopposed candidate to win election if no write-in ballots for other candidates are filed within a specified time…House Bill 2041 would require courthouse records to be preserved indefinitely…House Bill 2046, among other provisions, would allow a horse theme park as a pari-mutuel racing facility in North Central West Virginia…House Bill 2047 would reduce the term of PSD commissioners from 6 years to 3 years…House Bill 2048 would clarify library board service areas as determined by the state Library Commission. The bill also provides for appointment of members at large from the service areas…House Bill 2056 would require the state Personnel Board to consider public employees’ seniority as the prevailing factor when awarding benefits or withdrawing benefits under the state’s Classified Services procedures. There are other provisions…House Bill 2058 would increase the percentages payable to counties, municipalities and retailers from video lottery proceeds…House Bill 2004 would regulate telemarketing for quasi-state agencies such as the state Troopers Association…House Bill 2062 would establish a program fro reprogramming cellular telephones for senior citizens without a cellular phone to make emergency calls…House Bill 2101 would provide for a modification in state income tax so that the federal adjusted income for motor fuel expense incurred from commuting to and from work is used…House Bill 2107 would allow one to receive a tax reduction for contributions to the maintenance and improvement of state, county and municipal parks.  
         

The Legislature is published by the West Virginia School Boards 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.

West Virginia School Boards Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Kim Cooper (Raleigh), President
dukecoop77@yahoo.com

Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
Ljwm1108@ruralnet.org

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org

Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

* Committee on Communications: Judi Almond (Raleigh), Beth
Cercone (Clay), Bob Duckworth (Taylor), David McCutcheon (Roane),
Mike Mitchem (McDowell), Nancy Walker
(Monongalia), Don Tuttle (Wetzel)

Vincit omnia veritas
“Truth conquers all”