Jan. 13-15, 2010 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. 13-15, 2010, during the first three days of the Second Regular Session of the 79th 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 86 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

County boards/superintendents

 

Measure relates to interim county superintendents and county board member training; original of House Bill 3208 introduced last year

Senate Bill 203. Editor’s Note: This is the original language included in the 2009 version of House Bill 3208 and Senate Bill 739.

House Bill 3208 (as amended) was adopted by the Legislature.

It was an omnibus bill relating to county superintendents and county boards, including school board member training-related provisions.

Sponsored by Sen. Bob Plymale, D-Wayne. Introduced Jan. 13, 2010. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB203 intr.htm&yr=2010&sesstype=RS&i=203

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

 

Governor’s Calendar Bills Introduced; requires contingency plans to guarantee 180 “separate days of instruction for students”

Senate Bill 228. Proposed revisions to §18-5-45 would include an instructional term for students of “no less than (180) separate instructional days.”

In order to guarantee students the 180 “separate instructional days,” county boards would be required to develop an “icy conditions and emergencies plan…”

A central bill provision would allow county boards to “select” the beginning and ending dates of the instructional term.

The bill also would amend existing statutes relating to noninstructional days to reflect this proposed statutory change.

Sponsored by Sen. President Earl Ray Tomblin, D-Logan, and Senate Minority Leader Don Caruth, R-Mercer. Introduced Jan. 15. Referred to Senate Education, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB228 intr.htm&yr=2010&sesstype=RS&i=228

The House companion measure is House Bill 4040. Sponsored by House Speaker Rick Thompson, D-Wayne, and House Minority Leader Tim Armstead, R-Kanawha. Introduced Jan. 15. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4040 intr.htm&yr=2010&sesstype=RS&i=4040

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

Public School Facilities

Surveying services to be determined on basis of “demonstrated competence and qualifications”

Senate Bill 20. Proposed revisions to §5G-1-1 would require the state and its political subdivisions to procure surveying services based on demonstrated competence and qualification for the type of surveying services required.

The bill also establishes the selection process for procurement of surveying services both greater than and less than $250,000.

The process is that outlined in statute for receipt of engineering and architectural services. Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Jan. 13. Referred to Senate Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB20 intr.htm&yr=2010&sesstype=RS&i=20

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

 

Public improvement projects totaling less than $250,000 would be exempt from state’s prevailing wage rate

Senate Bill 30. Proposed §21-5A-5 would require calculation of the West Virginia prevailing wage on federally funded construction projects to be identical to the methodology used in the federal Davis-Bacon Act.

Projects under $250,000 would be exempted from the State of West Virginia prevailing wage.

That provision reads: “Notwithstanding any other provision in this code, or for public improvement projects involving federal funding, this article shall otherwise only apply to construction projects exceeding the cost of $250,000.”

Sponsored by Sen. Clark Barnes, R-Randolph. Introduced Jan. 13. Referred to Senate Labor, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB30 intr.htm&yr=2010&sesstype=RS&i=30

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

 

Measure relates to handicap restroom facilities in “all public places”

Senate Bill 86. Proposed revisions to §5-15-4 would require handicap restroom facilities and stalls in all public places be constructed with two handrails or grab bars to accommodate persons in wheelchairs and other persons who need assistance.

Sponsored by Sen. Jeff Kessler, D-Marshall. Introduced Jan. 13. Referred to Senate Health and Human Resources, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB86 intr.htm&yr=2010&sesstype=RS&i=86

 

Governmental Agencies would be able to issue revenue bonds secured by lottery revenue in order to construct public projects

Senate Bill 163. Proposed §13-2H-1 et. seq. would authorize county commissions, municipalities and county boards that receive lottery revenues to issue bonds secured by such lottery revenues to construct public projects.

According to the Bill Note, this would allow county commissions, municipalities and boards of education to “construct more public projects which creates jobs and stimulates the economy.”

The bill would pertain to county boards “…of a growth county…which has enacted the Local Powers Act and in which county a racetrack is located that has participated in the West Virginia Thoroughbred Development Fund since on or before January 1, 1991, and is receiving lottery revenues.”

There are several other provisions.

Sponsored by Sen. Brooks McCabe, D-Kanawha. Introduced Jan. 13. Referred to Senate Government Organization, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB163 intr.htm&yr=2010&sesstype=RS&i=163

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

 

Measure would establish the state Energy Efficient Buildings Program

Senate Bill 184. The purpose of this legislation is to establish the West Virginia Energy Efficient Buildings Program which would concentrate on energy demand-side management in private and public buildings.

The measure would create the West Virginia Energy Efficient Buildings Public Sector Grant Fund and the West Virginia Energy Efficient Buildings Private Sector Loan Revolving Fund.

It would establish criteria for grants and loans made from those Funds.

In terms of various definitions, "Engineered demand-side management project" would include a project undertaken to reduce the amount of energy consumed in an existing structure, including, but not limited to:

• Energy-efficient heating, cooling, ventilation, or hot water systems;
• Energy-efficient interior lighting systems;
• Energy-efficient windows and storm doors;
• Qualified energy property;
• Upgraded insulation;
• Solar water-heating systems; and
• Any other energy efficiency measures that will reduce energy costs, including those that will use solar power, either active or passive.”

"Qualified energy property" means the following property that meets the performance, quality, and certification standards of and that would have been eligible for the federal tax credit under 26 U.S.C. §25C, as of December 31, 2008 including, but not limited to:

• An electric heat pump water heater;
• An electric heat pump;
• A closed loop geothermal heat pump;
• An open loop geothermal heat pump;
• A direct expansion (DX) geothermal heat pump;
• A central air conditioner;
• A natural gas, propane, or oil furnace, boiler or hot water heater; or
• An advanced main air circulating fan.

All recipients of grant money for public sector buildings would make three annual payments to the state Development Office “in arrears, (in regard to) the savings it received due to the completion of the engineered demand-side management project.”

Grant Fund moneys resulting from energy savings captured by the projects undertaken in public sector buildings and certified through an energy audit would not be used to provide grants to the public sector but instead would be deposited in the Revolving Fund on an annual basis to provide low-interest loans to the private sector.

The Revolving Fund would be a “permanent and perpetual fund” administered by the state Economic Development Authority on behalf of the Development Office.

Expenditures from the Fund would be used by the Economic Development Authority, on behalf of the Development Office, to provide low-interest loans to the private sector for engineered demand-side management projects in private sector buildings.

The Authority would not be able to authorize more than one loan outstanding at a time to any private retail, commercial or industrial business.

There are other similar provisions.

The Revolving Fund would be governed by a board of directors.

To be eligible for a grant under the provisions of this bill section, the cost of a proposed engineered demand-side management project would have to be least $5,000 and could not exceed $2 million per project.

The bill specifies various grant application procedures.

Beginning July 1, 2011 and ending June 30, 2015 the payback period for an approved engineered demand-side management project would be no more than 5 years, although, beginning July 1, 2014 the statute would, under some circumstances, allow for a 12-year payback period.

The measure has other provisions, including an extensive section regarding the grant application process.

Sponsored by Sen. McCabe. Introduced Jan. 13. Referred to Senate Transportation and Infrastructure,then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB184 intr.htm&yr=2010&sesstype=RS&i=184

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

Green Building Standards would be required for construction, renovation of public buildings over 5,000 square feet

House Bill 4008. Proposed §22-29-1 et. seq. would require adoption of green building standards for the construction or renovation of public buildings over 5,000 square feet.

These are among bill provisions:

• All major facility projects of public agencies shall be designed, constructed and certified to at least the LEED silver standard. (LEED Silver Standard is based on the United States Green Building Council Leadership in Energy and Environmental Design green building rating.”)
• Major facility project of public agencies is defined as “A building construction project larger than (5,000) gross square feet of occupied or conditioned space…or a building renovation project when the cost is greater than (50) percent of the assessed value and the project is larger than (5,000) gross square feet of occupied or conditioned space. This provision applies to major facility projects that have not entered the design phase prior to January 1, 2010.
• County “school district projects…where the project receives any state funding, shall be designed, constructed and certified to at least the LEED silver standard. This provision applies to major facility projects that have not entered the design phase prior to January 1, 2011.”
• A major facility project does not have to meet the LEED silver standard if:
  1. There is no appropriate LEED silver standard for that type of building or renovation project. In such case, the department will set lesser green building standards that are appropriate to the project.
  2. There is no practical way to apply the LEED silver standard to a particular building or renovation project. In such case, the department will set lesser green building standards that are appropriate to the project.
  3. The building or renovation project is an electricity transmitter building, a water pumping station or a hospital.

The measure would require the state Department of Administration to propose legislative rules that would, among other things, “include how the department will determine whether a project qualifies for an exception from the LEED silver standard, and the lesser green building standards that may be imposed on projects that are granted exceptions.

Additionally, the Department is responsible for monitoring and documenting “ongoing operating savings that result from major facility projects designed, constructed and certified as meeting the LEED silver standard and annually publish a public report of findings and recommended changes in policy.”

“The report shall also include a description of projects that were granted exceptions from the LEED silver standard, the reasons for exceptions, and the lesser green building standards imposed.”

Finally, the Department of Administration is to establish a “Green Buildings advisory committee composed of representatives from the design and construction industry involved in public works contracting, personnel from affected public agencies and school boards that oversee public works projects, and others at the department's discretion to provide advice on implementing this section.

“The advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this section.”

There are bill provisions that would provide liability protection in certain instances.

The proposed language reads:

“No person, corporation or entity may be held liable for the failure of a major facility project to meet the LEED silver standard or other standard established for the project as long as a good faith attempt was made to achieve the standard set for the project.”

There are seven House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Jan. 13. Referred to House Government Organization, then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4008 intr.htm&yr=2010&sesstype=RS&i=4008

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

 

Measure relates to federal subsidy bonds and bond financing

House Bill 4037. Proposed §13-4-1, -2 would authorize “bond issuers,” including “school districts,” to receive credit payments with respect to federal subsidy bonds.

The bill also would clarify that these bonds are exempt from taxation in the manner prescribed in state Code relating to their issuance.

The bill defines federal subsidy bonds as “…state or local government bonds authorized for sale under the Internal Revenue Code of 1986, as amended, for which a credit payment is available to the issuer or its designee. Certain Build America Bonds authorized under Section 1531 of Title I of Division B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 (2009), codified at Section 54AA(g) of the Internal Revenue Code of 1986, as amended...”

Its provisions define “credit payment” as “any payment to an issuer of federal subsidy bonds or its designee authorized under the provisions of the Internal Revenue Code to offset a portion of the interest paid on the bonds. Periodic credit payments received from the United States Secretary of the Treasury, as described in Section 6431(b) of the Internal Revenue Code, are credit payments.”

Additional bill provisions state that credit payments would be “treated as special revenue in the case of special revenue bonds issued by a government entity or as general revenue in the case of general revenue bonds issued by a government entity.

A government entity may use credit payments to pay future debt service on the federal subsidy bonds or for any other purpose allowable by law.

“Federal subsidy bonds issued by a government entity (would) be exempt from tax in the manner, and subject to the requirements, limitations and conditions, set forth in the provisions of this code that authorize the government entity to issue bonds, notes or other debt obligations.”

The bill provides a definition for General and Special Revenue Bonds.

The former refers to bonds, notes or other debt obligations issued by a governmental entity for which the governmental entity has pledged the “full faith and credit, including a limited pledge, of such government entity to the repayment of the obligation.”

The latter refers to bonds, notes or other debt obligations issued by a government entity for which the government entity “pledges a dedicated revenue stream or other security interest to secure the repayment of the obligation.”

There are other bill provisions.

Sponsored by Dels. Richard Thompson, D-Wayne and Tim Armstead, R-Kanawha (on behalf of the governor). Introduced January 14. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4037 intr.htm&yr=2010&sesstype=RS&i=4037

 

Public School Personnel

 

Principals would “greater authority and control over teachers’ classroom teaching performance”

Senate Bill 15. Proposed revisions to §18A-2-9 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.”

Sponsored by Sen. Frank Deem, R-Wood. Introduced Jan. 13. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB15 intr.htm&yr=2010&sesstype=RS&i=15

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

 

Measure would revamp statues relating to teacher mentors and mentorships

Senate Bill 19. Proposed revisions to §18A-3-2b would increase the stipend paid to mentor teachers; create a mechanism to enforce the teacher mentor requirements; amend the criteria for selection of teacher mentors; allow teacher mentors to be selected from a different school if a qualified teacher is not available in the same school to which the beginning teacher is assigned, and would create a summer academy for beginning teachers after their first year of teaching.

The bill has a legislative finding that there is inconsistent compliance with requirements of law relating to teacher internships.

Thus, in order to “enforce” its provisions:

1. “Each county shall apply to the state superintendent for the funds to pay the stipend to each teacher mentor, and distribution of those funds to each county is conditional pursuant to this subsection; “
2. The state superintendent shall develop an electronic form that allows each member of the professional support team and the beginning teacher to document compliance with this section. This electronic form shall be an online form accessible through the Internet, and is intended to be a simple and efficient form to complete; “
3. The state superintendent shall review at least a representative sample of the forms from each county and make a determination as to the degree of compliance with the teacher mentor requirements. The review shall include a check of the responses of the beginning teacher and each member of the professional support team supporting that beginning teacher to ensure the responses are consistent. If there are any inconsistent responses found among a beginning teacher and any members of the professional support team supporting that beginning teacher, the state superintendent shall investigate.

If the state superintendent makes a determination that there was substantial noncompliance with the requirements of this section to “the degree that beginning teachers employed by a county board derived almost no benefit from the teacher mentor program for any two of the last five years, the superintendent may not distribute any of the stipend funds to that county the year after the second determination of substantial noncompliance was made.”

If the state superintendent finds either substantial noncompliance or a lesser degree of noncompliance for any single year, he or she shall take less harsh action as he or she considers appropriate.

The proposed legislation develops criteria for selecting teacher mentors, giving each criterion “equal weight.” The criteria Include:

1. “Seniority;
2. Whether the teacher has expertise in the same subject matter as the beginning teacher;
3. Whether the teacher has previous experience instructing or supervising adults;
4. Whether the teacher has demonstrated excellence when working outside the classroom in the school or community;
5. Whether the teacher holds National Board for Professional Teaching Standards certification; and
6. Whether the teacher holds the Master Mentor Teacher Advanced Credential or the Mentor Teacher Advanced Credential created by state board rule.”

If no qualified teachers are employed at the school to mentor a beginning teacher, “an experienced classroom teacher may be selected from another school within the county or outside the county to mentor the beginning teacher. To the extent possible, innovative solutions shall be used to overcome the geographic problems associated with selecting a teacher from a different school. These innovative solutions may include communication through telephone and e-mails, observing classroom instruction through live or recorded video and other innovative methods of overcoming the geographic problems.”

The Center for Professional Development would be required to “make available” to each beginning teacher a three-week summer academy “after his or her first year of teaching beginning with the summer after the school year beginning July 1, 2010.” The academy would, at minimum, include instruction on “classroom management, including managing disruptive students.” Although enrollment in the academy is voluntary for the beginning teachers, those beginning teachers who complete the academy after their first year of teaching would receive three hours of credit toward the six semester hours of approved credit required as a condition of certificate renewal.

The Center for Professional Development may charge a fee for enrolling in the academy, but may not charge any amount more than necessary to cover the cost of the academy.

Sponsored by Sen. Erik Wells, D-Kanawha. Introduced Jan. 13. Referred to Senate Education, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB19 intr.htm&yr=2010&sesstype=RS&i=19

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

 

Boards would be required to employ most ‘qualified person’ for extracurricular activities

Senate Bill 37. Proposed §18A-2-15 would require county boards to “hire” the “most qualified person for the supervision of all extracurricular activities of the students in public schools.”

Sponsored by Sen. Karen Facemyer, R-Jackson. Introduced Jan. 13. Referred to Senate Education, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB37 intr.htm&yr=2010&sesstype=RS&i=37 Similar proposals have been introduced/considered in a past legislative session or sessions.

 

“Contract term” would apply to employment of retired teachers as substitutes in critical needs areas

Senate Bill 121. Proposed revisions to §18A-2-3 would change the phrase "employment term" to "contract term" as it relates to employment of retired teachers as substitutes in areas of critical need.

Sponsored by Sen. Richard Browning, D-Wyoming. Introduced Jan. 13. Referred to Senate Education, then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB121 intr.htm&yr=2010&sesstype=RS&i=121

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

 

Bill concerns return of personal leave days donated under Leave Donation Program

Senate Bill 131. Proposed revisions to §18A-4-10f would establish a procedure for county boards to return unused donated personal leave days to donors.

These are among bill provisions:

• “If the leave was transferred for the purpose of allowing a receiving employee to provide care to an immediate family member with a medical or physical condition without substantial loss of income to the receiving employee and the immediate family member subsequently dies due to that medical or physical condition, using the leave for any reason related to the death of the immediate family member is considered the same purpose for which the leave was originally transferred. Any transferred days remaining when the catastrophic emergency ends revert to the donor employee&hellip
• “…If personal leave days are transferred from multiple donors to a donee, any unused days shall revert to each donor in an amount that is proportional to the number of days donated by the donor as compared with the total number of days donated …”
• “…If the proportional method described (above) results in fractions of days reverting to the donors, the highest number of the unused days that may be distributed as full days shall be distributed under the proportional method and the remaining day or days that would otherwise cause fractions of days to revert to all donors revert to the maximum number of the most senior school employees, based on seniority as determined (in statute)…”

The bill has some definitional sections and other proposed provisions.

Sponsored by Sen. Michael Oliverio, D-Monongalia. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB13intr.htm&yr=2010&sesstype=RS&i=131

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

 

Measure relates to hiring of service personnel who could be utilized on a daily basis; employment would not “count against” state aid; further School Aid Formula study requested

Senate Bill 192. Proposed revisions to §18-9A-5b and §18-4-15 would allow county superintendents, subject to county board approval, to “… hire 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).

The bill would require an additional $2.5 million to be appropriated for the purpose of increasing school aid formula ratios for school service personnel, with continued funding of the same amount over the next 11 years.

That provision is accompanied by a legislative findings section which states, in part, that changes in the “educational environment,” including declining student enrollments, require further study by the Legislature.

Sponsored by Sen. Oliverio. Introduced Feb. 13. Referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB132 intr.htm&yr=2010&sesstype=RS&i=132

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

 

Substitute teachers in critical shortage areas could be employed by superintendent without posting requirement

 

Senate Bill 133. Proposed revisions to §18A-2-3 would allow school districts flexibility in hiring specialty substitutes for critical need areas.

Under terms of the proposed legislation, “county superintendent(s) shall be given 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 this section. He or she shall be free to offer such employment at the time certified personnel become eligible for hiring.”

Sponsored by Sen. Oliverio. Introduced Feb. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB133 intr.htm&yr=2010&sesstype=RS&i=133

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

 

Bill would provide NBPTS bonus to teachers who subsequently become employed in an instructional leadership capacity

Senate Bill 143. Proposed revisions to §18A-4-2a would pay the National Board for Professional Teaching Standards salary bonus to the holders of certificates awarded to them during employment as a classroom teacher if they are subsequently employed as a school principal, assistant school principal or in another position in an instructional leadership capacity.

Sponsored by Sen. Donna Boley, R-Pleasants. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB143 intr.htm&yr=2010&sesstype=RS&i=143

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

 

Legislation would ban discrimination based on age or sexual orientation in places of ‘public accommodations’

Senate Bill 154. Proposed revisions to §5-11-2, -3, -4, -8, -9, -11 and -13 and proposed revisions to §5-11A-3, -5, -6 and -7 would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It defines "sexual orientation" as "heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived"; and adds to §5-11A-3 a definition of "age" as meaning age 40 and above.

The bill also has a provision which states “Religious organizations shall be exempt from the provisions of section nine of this article as pertaining to sexual orientation discrimination in respect to the employment of: A duly ordained, commissioned or licensed minister of a church in the exercise of his or her ministry; or by a member of a religious order in the exercise of duties required by the order.”

Sponsored by Sen. McCabe. Introduced Feb. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB154 intr.htm&yr=2010&sesstype=RS&i=154

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

 

Bill’s purpose is to alleviate the shortage of certified teachers in West Virginia

Senate Bill 165. This bill amends several sections of Code relating to clarification for graduates of accredited higher education institutions in order to “alleviate” the shortage of certified teachers in the state.

It would appear the proposal, in large part, removes sections of Code referencing “regionally accredited institutions of higher education,” replacing that language with a definition of “accredited institution of higher education.”

The above term, applicable in one’s securing of higher education teacher certification, would be defined as “any public or private college or university accredited by an organization recognized, at the time of the decision under the relevant code provision, by both the Council of Higher Education Accreditation (CHEA) and the United States Department of Education (USDOE).”

Sponsored by Sen. Kessler. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB165 intr.htm&yr=2010&sesstype=RS&i=165

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

 

Employees could copy personnel files

House Bill 4010. Proposed §21-3-22 would give all employees the right to review and copy their respective personnel files.

These are among bill provisions:

• “Every employee, whether public or private, has the right to inspect his or her personnel file, if the file exists. Inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment.
• “Each employer shall, within a reasonable time after receipt of a written request from an employee, provide the employee with a copy of all or any requested portion of his or her personnel file, provided the request reasonably identifies the materials to be copied. The employer may charge a fee of (10) cents per page for copying the file or any part of the file.
• “(Bill) provisions may not be construed to permit an employee to remove the original of his or her personnel file or any part of the file from the employer's premises or where it is made available for inspection.
• “Each employer retains the right to protect his or her files from loss, damage or alteration to ensure their integrity.
• “Each employer may require that inspection of any personnel file take place in the presence of a designated official.”
• The measure has a proviso stating, “…An employer may not be required to provide a copy of an employee's personnel file more than two times in a calendar year, unless the employee requesting the personnel file has been terminated involuntary. In that circumstance, upon written request of the employee after notice of the involuntary termination, the employer will provide another opportunity to review or request a copy of the personnel file.”

There are other provisions.

There are 9 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 13. Referred to House Industry and Labor, Economic Development and Small Business then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4010 intr.htm&yr=2010&sesstype=RS&i=4010

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

 

Public School Support Program (PSSP)

 

Measure adds Professional Student Support Personnel to School Aid Formula Allowance for PEIA coverage

Senate Bill 141. Proposed revisions to §18-9A-24 would add professional student support personnel to the School Aid Foundation Allowance for the Public Employees Insurance Agency for school employees.

The bill also requires the annual contribution established by the Public Employees Insurance Agency Finance Board of any proportionate share of the retiree’s subsidy be added to insurance premiums.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB141 intr.htm&yr=2010&sesstype=RS&i=141

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

 

Public School Transportation

 

Measure would prohibit diesel-powered motor vehicles from ‘excessive idling’

Senate Bill 183. Proposed §17C-13A-1 et. seq. would prohibit diesel powered motor vehicles from excessive idling.

To accomplish this end, the measure would place restrictions on idling, providing some exceptions.

The proposal, to be known as the “Diesel-Powered Motor Vehicle Idling Act,” would establish a misdemeanor offense of excessive idling, including criminal penalties.

The Department of Environmental Protection would enforce the legislation.

School buses would be exempted from some bill provisions, especially when a school bus must idle to provide heating or air conditioning when “nondriver” passengers are onboard.

In this case, the school bus may “ idle for no more than a total of (15) minutes in a continuous (60)-minute period, except when idling is necessary to maintain a safe temperature for students with special needs who are transported by a school bus.”

Another exception for school buses relates to “idling by a school bus off school grounds during queuing for the sequential discharge or pickup of students is necessary because the physical configuration of a school or the school's surrounding streets does not allow for stopping.”

There are several other provisions, including additional exceptions.

Sponsored by Sen. Douglas Facemire, D-Braxton. Introduced Jan. 13.Referred to Senate Transportation then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB183 intr.htm&yr=2010&sesstype=RS&i=183

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

 

County boards would have to provide transportation to all students who ‘need or desire’ such

House Bill 4007. Proposed §18-5-48 would require county boards to set and maintain reliable bussing schedules for bussing students and to limit the duration of travel for the students, based upon their age group.

The proposed statute reads:

• “Beginning the school year 2010-2011 and continuing thereafter, each county board of education shall provide transportation to and from school for each school child in the county that needs or desires transportation.
• Beginning the school year 2011-2012 and continuing thereafter, each county board of education shall establish, maintain and adhere to schedules for the transportation of students to and from school. Those schedules shall set forth the times for picking up and dropping off students. In no event may a board create a new bus route in which the times allotted between initial pick up and final drop off of any student exceed the following times:
  1. For middle school students, (45) minutes; and
  2. For high school students, (60) minutes.”

There are eight House sponsors, including lead sponsor Del. Fleischauer. Introduced Jan. 13. Referred to House Education then House Finance.

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

 

Regional Education Service Agencies (RESAs)

 

RESA funding would be set to not exceed $4.2 million

Senate Bill 217. Proposed revisions to §18-9A-8a would cap the School Aid Formula Foundation Allowance for Regional Education Service Agencies (RESAs) at an amount not to “exceed $4.2 million” for FY11.

Sponsored by Sens. Tomblin and Caruth. Introduced Jan. 14. Referred to Senate Education then Senate Finance.

The House companion measure is House Bill 4031. It is sponsored by Dels. R. Thompson and Armstead. Introduced Jan. 14. Referred to House Education then House Finance.

Both bills were introduced on behalf of the governor.

The references are: Senate Bill 217: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB217 intr.htm&yr=2010&sesstype=RS&i=217 and House Bill 4031: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4031 intr.htm&yr=2010&sesstype=RS&i=4031

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

 

West Virginia Ethics Commission

 

Measure designed to ‘strength public officials’ financial disclosure filing requirements’

House Bill 4016. Proposed revisions to §6B-2-7 would “strengthen the Ethics Act financial disclosure filing requirements,” according to the Bill Note.

Editor’s Note: A Committee Substitute for this legislation, approved by the House Judiciary Committee late last week, is on House of Delegates First Reading Monday. For more information, refer to the Jan. 22, 2010, issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4016 SUB.htm&yr=2010&sesstype=RS&i=4016

House Bill 4042 is a similar measure. There are seven (7) Republican House sponsors, including lead sponsor Del. John Ellem, R- Wood.

Introduced Jan. 15. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4042 intr.htm&yr=2010&sesstype=RS&i=4042

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

 

School Building Authority of West Virginia

 

Bill would allow SBA to issue $500 million of bonds outstanding at any one time

Senate Bill 229. Proposed revisions to §18-9D-8 would authorize the School Building Authority to issue $500 million of bonds outstanding at any time.

Sponsored by Sens. Tomblin and Caruth. Introduced Jan. 15. Referred to Senate Education then Senate Finance.

The House companion is House Bill 4041. Sponsored by Dels. R. Thompson and Armstead. Introduced Jan. 15. Referred to House Education then House Finance.

Both bills were introduced on behalf of the governor.

References: Senate Bill 229: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB229 intr.htm&yr=2010&sesstype=RS&i=229 House Bill 4041: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4041 intr.htm&yr=2010&sesstype=RS&i=4041

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

 

Higher Education Policy Commission

 

Higher education faculty, staff would be able to serve in the Legislature

Senate Bill 6. Proposed revisions to §4-1-24 would allow faculty and staff at state institutions of higher education to be eligible for a seat in the Legislature.

Sponsored by Sen. Plymale. Introduced Jan. 13. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB6 intr.htm&yr=2010&sesstype=RS&i=6

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

 

Higher Education Community Schools” legislation introduced; subject of future legislative newsletter article

Senate Bill 9. This 24-page measure would establish “Higher Education Community Schools,” allowing West Virginia University and Marshall University to operate public schools in cooperation with the Monongalia and Cabell County Boards of Education for school years beginning prior to 2012.

The proposed legislation would establish §18-5C-1 et. seq.

Note: This bill will be the subject of a commentary in a future issue of The Legislature.

Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB9 intr.htm&yr=2010&sesstype=RS&i=9

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

 

Abortions would be prohibited at state college, university facilities unless “necessary to save the life of the woman receiving the abortion”

Senate Bill 28. Proposed revisions to §18B-2A-4 would “prohibit the performance of an abortion at any institution or facility under the respective jurisdiction of the governing boards, except when the performance of the abortion is necessary to save the life of the woman receiving the abortion.”

Sponsored by Sen. Sypolt. Introduced Jan. 13. Referred to Senate Health and Human Resources.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB28 intr.htm&yr=2010&sesstype=RS&i=28

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

 

Jackson’s Mill 4-H Camp tax check off proposed

Senate bill 68. Proposed §18-11-12 would include a “state personal income tax return check off option to donate some or all of any tax refund to the ‘Jackson's Mill 4-H Camp Check off Program’ for the operation of the camp.”

There are four Senate sponsors, including lead sponsor Sen. Joe Minard, D-Harrison. Introduced Jan. 13. Referred to Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB68 intr.htm&yr=2010&sesstype=RS&i=68

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

 

Measure would establish the “West Virginia State Police Higher Education Security Act”

Senate Bill 109. Proposed §15-2F-1, -2 would establish the “West Virginia State Police Higher Education Security Act.”

As stated in the bill, the purpose is to “enhance the safety and security of our instate, publically funded colleges and universities by increasing the number of certified police officers patrolling and providing a police presence at the various campuses.”

An additional intent is to “enhance the higher educational opportunities available to the sworn members of the West Virginia State Police with the goals of attracting and retaining well qualified employees and improving the professionalism of the members through higher education.”

As stated in the bill, the legislation would not provide free books, housing, meals, parking or any other costs associated with higher education nor would it authorize or permit any member of the West Virginia State Police to be compensated for time spent attending courses, studying or otherwise engaging in their higher education.

The bill would permit any “bona fide, nonprobationary member of the West Virginia State Police may enroll and attend college courses, free of tuition charges, at any publicly funded college or university within the boundaries of this state.”

Members who avail “themselves to this educational opportunity are subject to the same entrance, enrollment and acceptance standards applicable to any prospective student.”

State Police members would be required to continue in their employment for five years “following the last day of attendance of his or her higher education enrollment.”

In the event a state Police member’s employment is terminated due to resignation for misconduct, he or she is “obligated to reimburse the appropriate college or university for any tuition charges from which he or she was otherwise exempt.”

Sponsored by Sen. Truman Chafin, D-Mingo. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB109 intr.htm&yr=2010&sesstype=RS&i=109

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

 

Net settlement proceeds held for minor may be invested in Smart 529 plan

Senate Bill 128. Proposed revisions to §44-10-14 would authorize net settlement proceeds held for a minor to be invested in a Smart 529 college savings plan.

Sponsored by Sen. Corey Palumbo, D-Kanawha. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB128 intr.htm&yr=2010&sesstype=RS&i=128

 

Fees could increase for students taking more hours of course work than the number of hours defined as full time

Senate Bill 166. Proposed revisions to §18B-10-1 would authorize a higher education governing board to increase the fees of undergraduate students taking more than 16 hours in a regular term pro rata based upon one-twelfth of the full-time rate per credit hour.

Additionally, a governing board could 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. 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB166 intr.htm&yr=2010&sesstype=RS&i=166

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

 

Omnibus bill relates to higher education capital facilities

Senate Bill 212. One purpose of this 121-page bill is to establish a capital maintenance fund for each state institution of higher education.

The bill has numerous other provisions, repealing some sections of law concerning higher education capital facilities generally and replacing them with new provisions.

Additionally, the legislation would eliminate various obligations concerning capital construction and repair duties and the authority of certain state institutions from selling certain properties and lease back provisions.

The bill also provides for tuition and fee increases, review and approval of capital project planning, financing, management and maintenance, acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property, construction and operation of capital facilities as well as coordination of system facilities and institution facilities planning.

There are 15 Senate sponsors, including lead sponsor Sen. Plymale. Introduced Jan. 13. Referred to Senate Education then Senate Finance.

The House companion measure is House Bill 4026.

There are 11 House sponsors, including lead sponsor Del. Mary Poling, D-Barbour. Introduced Jan. 13. Referred to House Education.

NOTE: A version of this legislation failed to pass during the 2009 regular session.

This bill has been recommended for passage by an interim legislative committee.

References: Senate Bill 212:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB212 intr.htm&yr=2010&sesstype=RS&i=212

The reference for House Bill 4026 is
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4026 intr.htm&yr=2010&sesstype=RS&i=4026

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

 

Childbirth leave would be provided for higher education personnel

House Bill 4009. Proposed §18B-7-12a would provide paid childbirth leave for higher education personnel.

Under terms of the legislation, state higher education governing boards would be required to submit plans to the Higher Education Policy Commission and the Legislative Oversight Commission on Education Accountability (LOCEA) “detailing how paid childbirth leave of at least six weeks would be made available to nine-month faculty employees.”

Plans would have to be submitted by no later than October.

Before submitting their plans, HEPC governing boards would be required to “consult with affected faculty members of both genders before submitting their plans. The plans should also specify how leaves would be funded and include proposed rules for using paid childbirth leave.”

Submitted plans must “identify which types of employees to which the plans would apply, with the goal of providing broad coverage.”

“Any particular groups of employees who are being excluded should be identified and an explanation for their exclusion must be included. The plans may discuss challenges and suggested short-term or long-term methods of resolving the challenges.”

Additional bill provisions that if “any institution of higher education has a paid childbirth leave policy, the term of that childbirth leave policy must be submitted, together with information identifying which groups, if any, are excluded from the policy and the reasons for exclusion. If the institution of higher education has identified any challenges to providing broad coverage, suggested short-term and long-term methods for resolving any challenges to providing broad coverage may also be submitted.”

There are 9 House sponsors, including lead sponsor Del. Fleischauer. Introduced Jan. 13. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4009 intr.htm&yr=2010&sesstype=RS&i=4009

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

 

Teachers Retirement System (TRS)

 

Supplement would be provided to TRS and PERS annuitants when they reach age 70

Senate Bill 53. Proposed §5-10-22k and §18-7A-26v would provide a three percent supplement for all Teachers Retirement System and Public Employees' Retirement System annuitants when they reach age 70.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB53 intr.htm&yr=2010&sesstype=RS&i=53

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

 

Bill concerns TRS members’ contributions during periods of temporary total disability (Workers Compensation)

Senate Bill 124. Proposed revisions to §18-7A-14b would increase the time for a member of the State Teachers Retirement System to make retirement contributions for credited service, during periods of temporary total disability with a workers' compensation injury, from two years to three years. It also provides for additional retroactive period of two years from effective date of amendment.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB124 intr.htm&yr=2010&sesstype=RS&i=124

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

 

Some TRS annuitants’ benefits would be exempted from state income tax

Senate Bill 125. Proposed §11-21-97 would exempt any TRS member having elected on or before March 6, 1972, to participate to the full extent of their salary in the TRS from paying income tax on Teachers Retirement System benefits received.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB125 intr.htm&yr=2010&sesstype=RS&i=125

Also refer to Senate Bill 135 which is an identical measure. Sponsored by Sen. Oliverio. Introduced Jan. 13. Referred to Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB135 intr.htm&yr=2010&sesstype=RS&i=135

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

 

County board service could be counted toward TRS credit

Senate Bill 140. Proposed §18-7A-3 would count service as a member of a county board of education to be included as credit for service for the State Teachers Retirement System.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB140 intr.htm&yr=2010&sesstype=RS&i=140

 

Bill would lift cap on number of days TRS members would be able to be employed by institutions of higher education and for the state

Senate Bill 151. Proposed §18-7A-13a would lift the cap on the number of days that certain retired teachers can work and continue to draw their retirement benefits from the State Teachers Retirement System, including – among other instances – higher education employment.

Sponsored by Sen. Randy White, D-Webster. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB151 intr.htm&yr=2010&sesstype=RS&i=151

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

 

Public Employees Insurance Agency (PEIA)

 

Acupuncture treatment would be covered by PEIA

Senate Bill 113. Proposed revisions to §5-16-7, proposed §33-15-4k, 33-16-3v, 33-25-8i, -j would require health insurance policies to cover acupuncture treatment performed by a licensed acupuncturist.

Sponsored by Sen. John Pat Fanning, D-McDowell. Introduced Jan. 13. Referred to Senate Banking and Insurance then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB113 intr.htm&yr=2010&sesstype=RS&i=113

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

 

Bill concerns PEIA Nonstate groups

Senate Bill 138. Proposed §5-16-18a would authorize the Director of the Public Employees Insurance Agency to promulgate rules for underwriting requirements for Nonstate employers which participate with the agency.

Sponsored by Sen. Minard. Introduced Jan. 13. Referred to Senate Banking and Insurance then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB138 intr.htm&yr=2010&sesstype=RS&i=138

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

 

Health insurance providers would be required to cover autism spectrum disorders

Senate Bill 145. Proposed 33-16-18, 33-16D-17 would require health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.

Sponsored by Sen. Kessler. Introduced Jan. 13. Referred to Senate Banking and Insurance then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB145 intr.htm&yr=2010&sesstype=RS&i=145

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

 

Public Employees Retirement System (PERS)

 

Armed forces service would be credited toward PERS service

Senate Bill 74. Proposed revisions to §5-10-15 would allow up to five years’ service in the United States armed forces to be credited service toward retirement for members of the Public Employees Retirement System.

Sponsored by Sen. Roman Prezioso, D-Marion. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB74 intr.htm&yr=2010&sesstype=RS&i=74

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

 

PERS disability benefits could not be reduced at age 65

Senate Bill 146. Proposed revisions to §5-10-25 would prevent a reduction in a PERS retiree’s annuity having retired with disability retirement at age 65.

Sponsored by Sen. Kessler. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB146 intr.htm&yr=2010&sesstype=RS&i=146

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

 

Higher education employees who become PERS members would be able to transfer HEPC retirement credit to the Public Employees Retirement System

Senate Bill 190. This measure would amend several sections of Code relating to PERS.

It would allow former state higher education employees who become members of the Public Employees Retirement System to transfer credit in their Higher Education Retirement Plan to the Public Employees Retirement System.

The bill provides definitions; provisions for conversion of assets; service credit in the Public Employees Retirement System following transfer, vesting and minimum guarantees.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB190 intr.htm&yr=2010&sesstype=RS&i=190

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

 

Workers Compensation

 

Bill would extend Workers Compensation total disability benefits to claimants for life

Senate Bill 48. Proposed revisions to §23-4-6 would extend permanent total disability benefits to claimants for life.

Sponsored by Sen. White. Introduced Jan. 13. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB48 intr.htm&yr=2010&sesstype=RS&i=48

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

 

Measure relates to Workers Compensation deliberate intention litigation

Senate Bill 200. Proposed revisions to §23-4-6 would make several revisions in statutes relating to Workers Compensation deliberate intention litigation.

The bill would define "Serious injury" (in terms of Workers Compensation Coverage) as meaning “an injury that in and of itself and not in combination with any other compensable injury or condition results in a permanent total disability award…

“If an employee suffers serious injury or death as a result of the "deliberate intention" of his or her employer to produce such serious injury or death:

1. In the case of serious injury, the employee has a cause of action against the employer for excess damages over and above amounts received or receivable in a claim for benefits under this chapter; or”
2. In the case of death, the employee's dependents as defined in this chapter, have a cause of action against the employer for excess damages over and above amounts received or receivable in a claim for benefits under this chapter. This cause of action must be maintained by the personal representative of the deceased employee for the benefit of the employee's dependents. In the event no such dependents exist, no cause of action may be maintained under this section for the employee's death.”

There are numerous other provisions.

Sponsored by Sen. Caruth. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB200 intr.htm&yr=2010&sesstype=RS&i=200

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

 

EDUCATION-RELATED

Abortion

 

Bill would make it illegal to transport minor across state lines in order for abortion procedure

Senate Bill 152. Proposed §61-2-8a would make it a misdemeanor if any person transports a minor across state lines to obtain an abortion, without the written consent of both parents or the legal guardians of the minor.

If convicted the person could be fined not less than $500 or more than $1,000, or confined in jail not more than 6 months, or both fined and confined.

Sponsored by Sen. Mike Green, D-Raleigh. Introduced Jan. 13. Referred to Senate Health and Human Resources then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB152 intr.htm&yr=2010&sesstype=RS&i=152

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

 

Child Welfare

 

Permanent parenting plans required for parents facing possible deployment or call to duty or for National Guard or military reserve service

Senate Bill 51. Proposed §48-9-205 would require permanent parenting plans to contain a provision concerning a possible deployment or call to duty if either parent is a member of the National Guard or military reserves.

Sponsored by Sen. Wells. Introduced Jan. 13. Referred to Senate Military then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB51 intr.htm&yr=2010&sesstype=RS&i=51

A related bill, Senate Bill 67, would prohibit military service from being a factor in a permanent modification to an existing parenting plan.

Sponsored by Sen. Wells. Introduced Jan. 13. Referred to Senate Military then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB67 intr.htm&yr=2010&sesstype=RS&i=67

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

 

Minor could nominate his or her guardian for the purpose of managing his or her estate

Senate Bill 107. Proposed §44-10-4 would allow a minor age 14 or older to nominate his or her own guardian for the purposes of managing the estate of the minor.

Sponsored by Sen. Tomblin. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB107 intr.htm&yr=2010&sesstype=RS&i=107

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

 

Minors would have to have consent to use tanning ‘devices’

Senate Bill 118. Proposed §16-43-1 would require parental consent for minors to use a tanning device.

Sponsored by Sen. Ron Stollings, D-Boone. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB118 intr.htm&yr=2010&sesstype=RS&i=118

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

 

Dental examination would be required for students entering public or private school for the first time

Senate Bill 120. Proposed §16-3-4a and proposed revisions to §18-28-6 would require all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to prove adequate proof of having undergone a dental examination by a licensed dentist.

Sponsored by Sen. Stollings. Introduced Jan. 13. Referred to Senate Health and Human Resources then Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB120 intr.htm&yr=2010&sesstype=RS&i=120

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

 

Bill would increase age of consent that a minor may refuse mental health treatment from age 12 to age 18; other provisions

Senate Bill 122. Proposed revisions to §27-4-1, -3 would change the age of consent for refusal of mental health treatment from age 12 to age 18. The bill also clarifies that the state is not obligated to pay for voluntary hospitalizations.

Sponsored by Sen. Browning. Introduced Jan. 13. Referred to Senate Health and Human Resources then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB122 intr.htm&yr=2010&sesstype=RS&i=122

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

 

Names of juveniles ages 10 and older could be released in cases where they commit crimes which would be considered a misdemeanor or felony if committed by an adult

Senate Bill 148. Proposed revisions to §49-7-1 would allow the name and age of a child who has attained the age of 10 years, and the type of offense with which he or she is charged, to be released to the general public in cases in which the child has been found guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.

Sponsored by Sen. Boley. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB148 intr.htm&yr=2010&sesstype=RS&i=148

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

 

Bill would provide both medical and non-medical exemptions from required immunizations for public school students

Senate Bill 157. Proposed revisions to §16-3-4, -5 would establish medical and non-medical 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.

Additionally, the bill would remove students who are not immunized from school in times of emergency or epidemics.

A final bill provision would allow the Commissioner of the Bureau of Public Health to 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. 13. Referred to Senate Health and Human Resources then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB157 intr.htm&yr=2010&sesstype=RS&i=157

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

 

Earned income tax credit equal to 20 percent of the federal credit would be made available to qualifying parents

Senate Bill 172. Proposed §11-21-10b would provide an earned income tax credit from the state personal income tax for taxpayers with qualifying children. The earned income tax credit would be equal to 20 percent of the federal credit.

Sponsored by Sen. Jenkins. Introduced Jan. 13. Referred to Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB172 intr.htm&yr=2010&sesstype=RS&i=172

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

 

“Protect Children From Dangerous Lighters Act” introduced

Senate Bill 227. Proposed §47-26-1 et. seq. would establish the "Protect Children from Dangerous Lighters Act."

The bill prohibits the sale of novelty lighters and provides for exceptions.

Novelty lighters are defined as “a mechanical or electrical device typically used for the igniting or lighting of cigarettes, cigars or pipes that has a toy like appearance, has entertaining audio or visual effects, or resembles in any way in form or function an item that is commonly recognized as appealing, attractive or intended for use by young children, particularly those (10) years of age or younger, including such a device that takes toy like physical forms, including but not limited to toy animals, cartoon characters, cars, boats, airplanes, common household items, weapons, cell phones, batteries, food, beverages, musical instruments and watches or has flashing lights or other entertaining features.

“Novelty lighters may operate on any fuel, including butane or liquid fuel.”

There are several exemptions, including Novelty lighters that were made before January 1, 1980, lighters that are collectible, and lighters primarily used to ignite fuel for fireplaces or for charcoal or gas grills.”

Further, the bill provides a civil penalty and requires the destruction seized novelty lighters.

Sponsored by Sen. Foster. Introduced Jan. 15. Referred to Health and Human Resources then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB227 intr.htm&yr=2010&sesstype=RS&i=227

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

 

Crimes

 

Bill would increase penalties for trespassing offenses

Senate Bill 13. Proposed revisions to §61-3B-2 would increase penalties for those convicted of trespassing on various “structures and conveyances.”

Under existing law, the fine for those convicted of trespassing is $100. The proposed legislation would increase the fine to $500.

If the offender were to have a firearm, he or she could be fined from $1,000-$2,000 with a possible jail term.

There are other provisions.

Sponsored by Sen. Barnes. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB13 intr.htm&yr=2010&sesstype=RS&i=13

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

 

Bills relate to using cell phones and wireless communications while driving

Senate Bill 52. Proposed §17C-14-3 would prohibit the use of handheld cellular telephones while driving.

Under terms of the legislation, 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-Monroe. Introduced Jan. 13. Referred to Senate Transportation and Infrastructure then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB52 intr.htm&yr=2010&sesstype=RS&i=52

House Bill 4013 is a related measure. It would establish the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway.

Generally speaking, its provisions would not apply to circumstances when a “driver immediately fears for his, her or another person's life or safety, or the driver believes that he, she or another person is, or is about to become, the victim of a criminal act; The driver uses the wireless communication device to contact law-enforcement authorities, emergency personnel for the purpose of reporting criminal activity, a fire, a traffic accident, a serious road hazard, a medical emergency, a hazardous materials emergency or any other condition which threatens bodily injury, public health, welfare or safety”

It makes a violation a misdemeanor criminal offense with a fine and provides a limitation of enforcement, meaning a violation would be considered only as a secondary action when a driver has been detained for probable cause of violating another section of this code or a municipal ordinance.

There are five House sponsors, including lead sponsor Del. Nancy Guthrie, D-Kanawha. Introduced Jan. 13. Referred to House Roads and Transportation then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4013 intr.htm&yr=2010&sesstype=RS&i=4013

Also refer to Senate Bill 167. Introduced by Sen. John Unger, D-Berkeley, this bill is similar to House Bill 4013.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB167 intr.htm&yr=2010&sesstype=RS&i=167

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

 

Penalties would be established for persons who manufacture, sell or dispense controlled drugs such as Methamphetamine

Senate Bill 88. Proposed §60A-4-413 would establish penalties for any person who manufactures, sells or dispenses controlled drugs classified in Schedules I, II or II where a death results from the injection, inhalation or ingestion of the controlled substance.

(One example of a drug included here is Methamphetamine.)

Persons convicted of these crimes could face life in prison.

There are three Senate sponsors, including lead sponsor Sen. Plymale. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB88 intr.htm&yr=2010&sesstype=RS&i=88

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

 

Manufacturing of burglary tools would be a criminal act

Senate Bill 90. Proposed §61-3-11a would make the manufacture or possession of burglary tools a criminal act.

Sponsored by Sens. Plymale and Jenkins. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB90 intr.htm&yr=2010&sesstype=RS&i=90

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

 

Legislation relates to firearms in school zones, among other provisions

Senate Bill 164. This 23-page measure would repeal the prohibition on bringing weapons upon the state Capitol Complex.

The bill also would permit loaded firearms in locked motor vehicles, other than school buses, on school property.

The bill permits property owners to prohibit deadly weapons on his or her property. The bill defines “School Safety Zone” as:

1. “Any public or private primary or secondary school building and its improved grounds, whether leased or owned by the school, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted;
2. The interior of a school bus when that school bus is actually in use by any school described in paragraph (A) of this subdivision for the purpose of transporting one or more primary or secondary school students to or from school or school-related activities, including curricular, co-curricular, noncurricular, extracurricular and supplementary activities; or
3. That portion of any property not described in paragraph (A) of this subdivision that is open to the public and then exclusively used for school-sponsored functions or extracurricular activities, while those functions or activities are occurring.”

While persons would not be able to posses firearms or deadly weapons “within any school safety zone…,” the bill’s provisions do not apply to persons who “possesses any deadly weapon other than a loaded firearm, in a motor vehicle other than a school bus, or leaves any deadly weapon other than a loaded firearm in a locked motor vehicle other than a school bus.’’

Additionally, provisions would not apply to “Programs or raffles conducted with the approval of the county board of education or school which include the display of deadly weapons other than loaded firearms.”

There are several other provisions.

Sponsored by Sen. Sypolt. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB164 intr.htm&yr=2010&sesstype=RS&i=164

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

 

Bill would prohibit “obscene, anonymous, harassing and threatening communications” via computer

Senate Bill 173. Proposed revisions to §61-3C-14a would make it unlawful to send obscene, anonymous, harassing and threatening communications by computer. The bill also provides that a third or subsequent offense is a felony and, establishes penalties of imprisonment for not more than two years, a fine of not more than $5,000, or both.

Sponsored by Sen. Green. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB173 intr.htm&yr=2010&sesstype=RS&i=173

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

 

Apportionment of damages relating to torts would be spelled out in statute

Senate Bill 198. Proposed revisions to §55-7-24 would, in cases relating to “any cause of action involving the tortuous conduct of more than one party,” require the trial court to “instruct the jury to determine, or, if there is no jury, find, the total amount of damages sustained by the plaintiff or plaintiffs who remain parties at the time the verdict is rendered and the proportionate fault of each defendant whose tortuous conduct contributed to causing the incident, injuries, or damages notwithstanding whether any such defendant or defendants have previously settled the claims with such plaintiff or plaintiffs.

“However, any such defendant who has previously made a good-faith settlement with the plaintiff or plaintiffs will not be required to pay any amount assessed under the rules of joint and several liability as such defendants inclusion in the assessment…are simply for the purpose of determining the negligence which is attributable to any party that has not settled with the plaintiff or plaintiffs”

There are other provisions.

Sponsored by Sen. Caruth. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB198 intr.htm&yr=2010&sesstype=RS&i=198

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

 

Bill would prohibit consumption of salvia divinorum

House Bill 4018. Proposed §60A-4-413 would establish that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful. Various criminal penalties would be established for violation of the statute.

Salvia divinorum is a psychoactive mint, used in traditional spiritual practices by the Mazatec people of Mexico and is legal in both Mexico and the United States. However, three states have banned the leafy green, making its possession -- like that of heroin or cocaine -- a felony.

Salvinorin-A, the active property of salvia divinorum, is considered to be the most potent, selective and naturally occurring hallucinogen when smoked -- rivaling the potency of the synthetic hallucinogens like LSD.

According to various law enforcement sources and People for a Drug-Free America among other groups, use of the plant, its extracts, or for human consumption has become more widespread among young people.

For more information, refer to http://www.drugfree.org/portal/drug_guide/salvia_divinorum

There are three House sponsors, including lead sponsor Del. Daniel Poling, D-Wood. Introduced Jan. 13. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4018 intr.htm&yr=2010&sesstype=RS&i=4018

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

 

Elections

 

Police officers could run for office except in the municipality in which they work

Senate Bill 43. Proposed §8-14-19 would allow professional police officers to run for office except in the municipality where they work.

Sponsored by Sen. Oliverio. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB43 intr.htm&yr=2010&sesstype=RS&i=43

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

 

Bill would place limitation(s) on public officials’ distributing, handing out or dispensing of public moneys within 90 days of an election

Senate Bill 66. Proposed revisions to §3-8-12 would prohibit distribution, handing out or otherwise dispensing of public moneys by elected officials within ninety days of elections.

Sponsored by Sen. Barnes. Introduced Jan. 13. Referred to Senate Judiciary then Senate Finance.

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

 

Governmental Entities

 

Culture Center would be “placed under” Department of Administration

Senate Bill 35. Proposed revisions to §5A-4-2 would place the West Virginia Science and Cultural Center under the authority and control of the General Services Division of the Department of Administration.

Sponsored by Sen. Deem. Introduced Jan. 13. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB35 intr.htm&yr=2010&sesstype=RS&i=35

 

‘Jobs Impact Statement’ would be required

Senate Bill 82. Proposed §5B-2H-2 et. seq. would require a “Jobs Impact Statement” for legislation that would impact both short-term and long-term jobs in this state.

The proposed “Jobs Impact Statement” would be completed by the West Virginia Development Office.

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. 13. Referred to Senate Economic Development Committee then Senate Judiciary.

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

 

“West Virginia Patriots of World War II Day” would become state holiday

Senate Bill 92. Proposed revisions to §2-2-1 would designate December 7 of each year as "West Virginia Patriots of World War II Day,” making it a state holiday.

Sponsored by Sen. Jack Yost, D-Brooke. Introduced Jan. 13. Referred to Senate Military then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB92 intr.htm&yr=2010&sesstype=RS&i=92

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

 

“Fleet Management Office” would be established

Senate Bill 219. Proposed revisions to §5A-1-2 would remove all state agency exemptions from the travel rules of the Secretary of the Department of Administration; authorize emergency rules.

Additionally, the measure would authorize the establishment of a Fleet Management Office within the Department of Administration.

Sponsored by Sens. Tomblin and Caruth. Introduced Jan. 14. Referred to Senate Government Organization then Senate Finance.

The House companion – both bills were introduced on behalf of the governor – is House Bill 4033.

Senate Bill 219 Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB219 intr.htm&yr=2010&sesstype=RS&i=219

House Bill 4033 Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4033 intr.htm&yr=2010&sesstype=RS&i=4033

Infrastructure projects would have to provide broadband services

House Bill 4002. The purpose of this legislation, which was endorsed by a 2008 interim legislative committee, is to specify that infrastructure projects providing broadband services facilities be included in infrastructure projects eligible for funding from the West Virginia Infrastructure Fund.

The bill also provides for including the feasibility of including broadband transmission lines concomitant with the construction of new roads and that construction of broadband transmission lines may be funded from the Infrastructure Road Improvement Reserve Account (established within the West Virginia Infrastructure Fund.)

The bill also removes the limitation of the amount of funds which may be annually transferred to the account.

There are some other provisions.

There are four House sponsors, including lead sponsor Del. Brent Boggs, D-Braxton. Introduced Jan. 13. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4002 intr.htm&yr=2010&sesstype=RS&i=4002

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

 

Governmental records would have to be “in English”

House Bill 4027. Proposed revisions to §2-2-13 would require state government to “conduct all activities in English unless use of another language is required to provide Constitutional protections or is required for activities related to the teaching of a foreign language.”

Accordingly, “all official papers, records and documents produced or used by the state, including ballots and other election materials, must be in English: Provided, That papers or documents in another language may be kept for historical or cultural purposes,” as stated in the bill.

There are 11 House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced Jan. 14. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4027 intr.htm&yr=2010&sesstype=RS&i=4027

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

 

Taxation

Timberland valuations would be limited

Senate Bill 33. Proposed revisions to §11-1C-11would limit the classification of real property as managed timberland to prevent county property tax revenues from decreasing by more than 4 percent.

Sponsored by Sen. Deem. Introduced Jan. 11. Referred to Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB33 intr.htm&yr=2010&sesstype=RS&i=33

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

 

Portions of Severance Tax revenues would be dedicated to counties and municipalities

Senate Bill 108. Proposed revisions to §11-13A-5a would dedicate 5 percent of every $1 million of certain severance taxes for the use and benefit of the counties and municipalities from which those taxes were generated.

Sponsored by Sen. Chafin. Introduced Jan. 13. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB108 intr.htm&yr=2010&sesstype=RS&i=108

(Also refer to Senate Bill 144. The language appears to be identical to that of Senate Bill 108.)

Sponsored by Sen. Chafin. Introduced Jan. 13. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB144 intr.htm&yr=2010&sesstype=RS&i=144

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

 

Measure concerns property tax assessments when 10 percent or more of real estate sales are foreclosure sales

Senate Bill 116. Proposed §11-4-21 would require property value assessment adjustments when 10 percent or more of sales of real property in a county are foreclosure sales.

Sponsored by Sen. K. Facemyer. Introduced Jan. 13. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB116 intr.htm&yr=2010&sesstype=RS&i=116

 

Tobacco

 

Municipal courts would have jurisdiction over juveniles who violate laws relating to tobacco usage

Senate Bill 55. Proposed revisions to §16-9A-3 and §49-5-2 would grant municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.

Sponsored by Sen. K. Facemyer. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB55 intr.htm&yr=2010&sesstype=RS&i=55

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

 

Penalties for juveniles’ usage of tobacco products would be increased

Senate Bill 56. Proposed revisions to §16-9A-3 would increase the penalties for use or possession of tobacco or tobacco products by a person under age 18.

The bill increases fines and community service requirements, and upon a second offense, provides for revocation of the person's Junior or Graduated Driver’s License until the minor attains age 18.

If the minor does not have a Junior or Graduated Driver’s License, the person is ineligible to apply for any type of driver's license until the minor becomes age 18.

Sponsored by Sen. K. Facemyer. Introduced Jan. 13. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB56 intr.htm&yr=2010&sesstype=RS&i=56

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

 

 Briefly

Senate Bill 16 would establish a phased-in allowance of credits against corporation net income tax and personal income tax for ad valorem property and tax on industrial tangible personal property such as machinery and equipment. There are numerous other provisions…Senate Bill 22 would change the qualifier for low income to 300 percent or less of the federal poverty guidelines. The current “level” is 150 percent or less of the federal poverty guidelines. These provisions would apply as guidelines for senior citizens’ Homestead Tax credits…Senate Bill 23 would require equal number of members from each magisterial district as members of County Planning Commissions…Senate Bill 40 would expand the counties covered by the West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson Counties…Senate Bill 42 would revise the Municipal Economic Opportunity Development District Act. Also refer to Senate Bill 41 which relates to “Community Enhancement Districts”…Senate Bill 47 relates to divestiture of state moneys from companies that do business in countries that sponsor or promote terrorist activities…Senate Bill 63 would authorize the state Athletic Commission to issue rules relative to mixed martial arts competitions…Senate Bill 70 relates to counties’ and municipalities’ issuance of general revenue bonds…Senate Bill 73 would expand the number of hours temporary state employees may work during a given calendar year…Senate Bill 96 is a “collective bargaining” bill apparently for state employees “only”. Also refer to House Bill 4011, a “meet and confer” bill for police and fire departments…Senate Bill 115 would raise the tax credit for non-family adoptions to $4,000…Senate Bill 119 would designate an additional deputy clerk for Braxton County…Senate Bill 126 relates to exemptions from disclosure under the state’s Freedom of Information Act (FOIA), especially in cases of jails or correctional facilities…Senate Bill 127 would reinstate the high-growth Business Investment Tax Credit…Senate Bill 129 relates to small, women- and minority-owned businesses, and would create reciprocity for such businesses who receive similar preference in other states. The companion is House Bill 4004…Senate Bill 149 would limit the liability of medical and osteopathic physicians and those who may work under their supervision or direction, as volunteers to provide medical care at a youth camp or program…Senate Bill 169 states the state Economic Development Authority, in developing criteria for loans to a tourism project, would be prohibited from requiring that any specific number of jobs to created are to meet any specific compensation levels or levels for employee benefits…Senate Bill 175 would revise and codify laws relating to fireworks…Senate Bill 178 would disallow liability “protection” for a qualified director or a nonprofit entity if that individual is found to have intentionally caused damage or injury to another in the performance  of his or her duties. ..Senate Bill 182 would terminate tolls on the West Virginia Turnpike before 2020…Senate Bill 188 relates to further development of Stonewall Jackson Lake State Park…Senate Bill 195 would allow for non-partisan election of judges…Senate Bill 199 would require the Parkways Authority to provide financial accounting on an annual basis (to the Legislative Auditor)…Senate Bill 215 would establish crimes of malicious assault, unlawful assault, battery and assault on volunteer firefighters, Emergency Medical Technicians, and Emergency Medical Service employees. The companion measure is House Bill 4029…Senate Bill 223 would establish a Judicial Vacancy Advisory Commission. Also refer to House Bill 4036…Senate Bill 226 relates to standards for surveyors…House Bill 4003 would recognize GIS user Groups to assist in the development of a state GIS Plan…House Bill 4019 would increase the maximum cash award the Employee Suggestion Award Board may make…House Bill 4039 would increase the number of persons that may be appointed to the Marshall County Park and Recreation Board.

 

Marketplace

 

 

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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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