Jan. 15-19, 2007 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced Jan. 15-19, 2007 during the first full week of the First Regular Session of the 78th West Virginia Legislature.

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

A total  140 bills/resolutions are reviewed.

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

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

Editor’s Note: Listing is not exhaustive.

PUBLIC EDUCATION

Community Education

 

Appalachian Education Initiative would be recognized for promoting art education in West Virginia

 

House Bill 2125. Proposed revisions to §18-2D-1 would provide legislative recognition that the Morgantown-based Appalachian Education Initiative (AEI) “serves a meaningful function in promoting the role of art education in the public schools and the programs provided by this organization and others similar to it benefit the state…”

There are five House sponsors, including lead sponsor Del. Bob Beach, D-Monongalia. Introduced Jan. 15. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2125%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Compulsory Schooling

 

Course credits could be denied for designated numbers of absences during the school year

 

House Bill 2205.  Proposed §18-8-1b would allow schools to deny credits for students’ unexcused absences during the school semester or year.

In schools that use block scheduling, students who are absent for 9 days or more in a semester “and whose absences are unexcused will not receive credit for the semester in the course or courses that were missed.”

Similarly, for students in middle, junior and senior high schools (and high schools that don’t use the block scheduling system), students who have 18 or more unexcused absences in a school year couldn’t receive credit for that year in the “course or courses that were missed.”

There are five House sponsors, including lead sponsor Del. Richard J.Iaquinta,  D-Harrison.  Introduced January 16, 2007. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2205%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

County Boards

 

County boards could use lease-purchase agreements to acquire land, buildings and equipment

 

Senate Bill 84. Proposed revisions to §18-5-9c would allow county boards to “enter into a lease-purchase agreement for land, buildings and equipment…”

The bill provides the following stipulations which must be met prior to a county board being able to enter into lease-purchase agreements:

1. School Building Authority of West Virginia approval is required.
2. Fair minimum wage rates must be honored if “ a building is or has been constructed for the purpose of providing a school through a lease-purchase agreement...”

Sponsored by Senator John B. Hunter, D-Monongalia. Introduced Jan. 15. Referred to the Senate Education  Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb84%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Persons holding public office or employment on part-time basis could serve on county building commissions

 

             
Senate Bill 89. Revised §8-3313 allow persons holding public office or employment on a part-time basis to serve on county building commissions.

 

Editor’s Note: As written, this provision amends a section of law relating to municipal officials. Other sections of law deal with county board members’ service on local governmental or quasi-governmental entities.

 

Sponsored by Sen. Hunter. Introduced Jan. 15. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb89%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.  

 

County boards would have to provide for daily observance of “one minute of silence”

 

House Bill 2128. Proposed §19-5-15g would require county boards to establish the observance of a daily “minute of silence in each classroom of the county.”

As outlined in the bill, “The teacher responsible for each classroom shall take care that all pupils remain seated and silent and make no distracting display to the end that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice, during the one-minute period of silence.”

The bill would require the state Attorney General to “intervene and (to) provide legal defense of (the) law.”

The bill’s preamble says that the moment of silence is necessary so that the “right of every pupil to the free exercise of religion (will be) guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the state either to engage in, or to refrain from, religious observation on school grounds…”

Sponsored by Lidella Hrutkay, D-Logan. Introduced Jan. 15. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2128%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

National Motto display on public buildings would be “encouraged” 

 

House Bill 2159. Proposed §5-6-17 would encourage county boards to “ prominently display on (its properties or buildings), the American national motto, ‘In God We Trust.’”

According to the bill,     The Legislature concurs in the display of the National Motto on public buildings in “honor of this country's heritage...”

Although not specifically referencing county board facilities, the bill’s provisions would apply to “…any public property, public buildings and any building, designed, constructed and maintained with public funds from the state…”

There are five House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2159%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to flying of flag in honor of state residents killed in hostile fire; Other provisions

 

House Bill 2196. Proposed §15-11-3 would  require the U. S. flag to  fly at half-mast for 3 days whenever a state resident soldier is killed by hostile fire or when an in-state law-enforcement officer is killed in the line of duty.

In order to effectuate the bill’s purpose, the Secretary of Military Affairs and Public Safety would be required to send notice to all appropriate state and local governmental agencies directing them to fly flags at half-mast for three days, commencing two days prior to the funeral.

The bill’s provisions, according to the bill title, also relate to deaths involving in-state law enforcement officials killed in the line of duty.

There are four House sponsors, including lead sponsor Del. Stemple. Introduced Jan. 16. Referred to the House Veterans Affairs and Homeland Security Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2196%20intr.htm

 

County boards would be able to lease buses to transport students to educational and cultural events

 

House Bill 2226. Revised §18-5-13(C) (3) would allow county boards to “lease school buses to public and private nonprofit organizations to provide transportation associated with fairs, festivals and other educational and cultural events in accordance with rules established by the county board of education, and if the buses are operated by drivers regularly employed by the county board of education during any lease period. In addition to any other charges that may be required in the lease, a qualified lessee shall pay all costs and expenses incurred by the lessee or incidental to the use of the buses to the county board of education.”

There are six House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Jan. 16. Referred to the House Education  Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2226%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would limit county board use of attorneys in grievance matters; Grievance Board make-up would change

 

House Bill 2327. Proposed revisions to §18-5-13 and §18-29-5 would prohibit county boards from employing “legal counsel for the purpose of dealing with employee grievances.”

Additionally, the bill would remake the state Education and State Employees Grievance Board which would consist of 7 members (currently 4 members).” The Grievance Board then would structured so that “at least 4 board members shall represent the interest of public or education employees as follows: At least 2 of these 4 employee members shall be nominated by the largest labor organization in West Virginia; at least 1 of these 4 employee members shall be nominated by the largest school service personnel organization in West Virginia; at least 1 of these four employee members shall be nominated by the largest teacher organization in West Virginia…”
            Under current law, the grievance board is comprised of three members who are appointed by the governor with consent of the state Senate. They serve overlapping three-year terms.

Sponsored by Dels. Mike Caputo, D-Marion, and Dale Martin, D-Putnam. Introduced January 19. Referred to the House Education Committee, then the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2327%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Aides and paraprofessionals would receive increased pay based on number of students beyond current teacher/student ratio limits

 

House Bill 2298. Proposed revisions to §18-5-18a would provide increased compensation for aides and paraprofessionals who have, in the words of the Bill Title, “large numbers of pupils in Kindergarten and Grades 1-6.”

The pertinent bill language states that “any Kindergarten aide or paraprofessional who has more than (20) pupils per session, or any aide or paraprofessional in grades (1) through (6) who has more than (25) pupils per session, shall be paid additional compensation based on the affected employee's average daily salary divided by (20) for Kindergarten aides or paraprofessionals, or the average daily salary divided by (25) for aides or paraprofessionals in grades (1) through (6), for every day times the number of additional pupils enrolled up to the maximum number of pupils permitted in the classroom.”

There are three House sponsors, including lead sponsor Del. Caputo, D-Marion. Introduced Jan. 18. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2298%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Employers would be prohibited from making some type communications to employees

 

House Bill 2346. Proposed §21-3-22 would make it illegal for employers, public and private, to require its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives, the primary purpose of which is to communicate the employer's opinion about religious or political matters, except that an employer or its agent, representative or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the extent of the legal requirement.

Accordingly, no employer could discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or a suspected violation of the proposed section.

Aggrieved employees

Aggrieved employees would be able to enforce the provisions of statute by means of a civil action brought no later than 90 days after the date of the alleged violation in the circuit court where the violation is alleged to have occurred or where the employer has its principal office.

Courts may award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay and reestablishment of any employee benefits to which the employee would otherwise have been eligible if the violation had not occurred. Employees also could bring lawsuits against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement.

Where not applicable

There are several other provisions, including a section relating to situations in which the bill’s provisions are not applicable, including religious institutions.

There are several other provisions.

There are 8 House sponsors, including lead sponsor Del. Charlene Marshall, D-Monongalia. Introduced Jan. 19. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2346%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public School Support

 

$15,000 per county would be allocated to transport students to school-related activities in the state

 

Senate Bill 98. Proposed revisions to §18-9A-7 would establish a $15,000 appropriation to “each county for transporting students to school-related activities located within the state.”

Permission for any travel  based on the appropriation must be “…obtained in advance from the (county schools superintendent) requesting the funds or his or her designee.”

The funds would be allocated through the transportation “step” of the School Aid Formula, commonly known as “Step IV.”

Any un-utilized funds would be “forfeited…”

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Jan. 16. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb98%20intr.htm

 

Omnibus Public School Support Proposal Introduced; Addresses Regional Education Service Agency (RESA) funding; School Aid Formula “Step VII”; a Proposed Foundation Allowance for “Capacity-building,” moneys for “safe schools,” and a determination that increases in “local share” be devoted to teacher salaries

 

House Bill 2233. Proposed revisions to §18-9A-8a, -10, -11, and -13b relate to public school support generally. Taken collectively, the measures would:

1. Establish RESA funding as “an amount established by the Legislature” rather than a set amount determined, based on a percentage of “Step I” of the state School Aid Formula.
2. Set the Foundation Allowance to Improve Instructional Programs, commonly known as SAF “Step VII,” at a minimum $33 million.
3. Provide at least $5 million for schools identified as “seriously impaired” as well as schools that haven’t met the federal No Child Left Behind (NCLB) Adequate Yearly Progress (AYP) designation for at least two years.

Capacity-building

The allowance for capacity-building would be appropriated to the West Virginia Board of Education. The WVBE, in turn, would be required to adopt rules and procedures for distribution of the state moneys appropriated for these purposes, although the legislation establishes priority funding for schools that are seriously impaired, then schools having failed to meet AYP for two or more “consecutive” years.

The WVBE would be required to report to the Legislative Oversight Commission on Education Accountability (LOCEA) regarding “the number of schools that received capacity building money…and what impact these resources had on removing a school from the seriously impaired list or the list of schools failing to meet (AYP)…”

• Allocate at least $8 million for safe schools, with moneys to be awarded for “pilot or innovative alternative education programs…”

Funds allocation

Funds would be awarded on the following basis, namely to: “1) Programs that will serve the most students in the alternative program; (2) programs in elementary schools that utilize in-school suspension and requirements that alternative students work their way back into the regular classroom through improved behavior; (3) programs in middle/junior high schools and high schools that provide at least (16) hours of instruction per week and requirements that students work their way back to the regular classroom through improved behavior; and (4) other criteria developed by the (WVBE).”

Increment, across-the-board pay

Provide additional dollars to teachers, based on increases in “local share.” The moneys would be used for a $570 increment salary increases, based on the teacher’s degrees.

If the amount of increased local share isn’t great enough to fund a “usual yearly increment,” the salary increment is to be funded “as much as possible.”

A bill proviso states that, “The growth in local share revenues shall continue to be appropriated to fully fund an increment of ($570), or the usual yearly increment whichever is higher, until all teachers who have less than (35) years of service receive the usual increment salary increase. Any additional growth in local share revenues (beyond that necessary to fund the $570 increment supplement is to) be appropriated to fund across-the-board salary increases for teachers and service personnel in proportion to (Steps I and II of the state School Aid Formula)…divided by the total…allowance (SAF Steps I and II).

A final bill provision establishes language for proposed implementation of the salary provisions.

Sponsored by Dels. Richard Browning, D-Wyoming, and Tim Miley, D-Harrison. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2233%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Alternative education proposal

 House Bill 2118, a related bill, would provide an $8 million appropriation for safe schools through establishment of alternative programs, based on this criteria:

1. Programs that will serve the most students in the alternative program;
2. programs in elementary schools that utilize in-school suspension and requirements that alternative students work their way back into the regular classroom through improved behavior;
3. programs in middle and junior high schools and high schools that provide at least sixteen hours of instruction per week and requirements that students work their way back to the regular classroom through improved behavior; and
4. other criteria specifically related to ensuring safety in regular classrooms and alternative education strategies to help improve student behavior and learning.”

Application

Each county board would have to apply to the State Superintendent of Schools in order to receive “its share of the distribution in the manner set forth by the State Superintendent which is consistent with the policies and procedures adopted by the (WVBE) for the establishment and maintenance of alternative education programs.”

There are three House sponsors, including lead sponsor Del. Perry. Introduced Jan. 15. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2118%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School Building Authority of West Virginia

 

Bill would establish relating to school facility ingress/egress safety

 

House Bill 2288. This legislation is the companion to Senate Bill 67.

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

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

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

Senate Bill 67 is the companion Senate measure, also outlining school access safety requirements for new school buildings built by the SBA as well as the other provisions cited above.

There are several other provisions.

Editor’s Note: This proposed legislation will be discussed in the Jan. 26 issue of The Legislature.

Sponsored by House Speaker Rick Thompson, D-Wayne, and House Minority Leader Tim Armstead, R-Kanawha (at the request of the governor). Introduced Jan. 17. Referred to the House Education Committee, then the House Finance Committee,
http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2288%20intr.htm

 

School Personnel

 

Bill relates to school coaches and their terms

 

Senate Bill 88. Proposed §18A-2-14 would allow “a person (who) has served in a public school as a coach for  at least (1) year (to) serve in a public school as a coach for a term of not less than 1 nor more than 3 years,” as approved by the county board.

Sponsored by Sen. Hunter. Introduced Jan. 15. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb88%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to aides trained to work with autistic students

 

Senate Bill 95. Proposed §18-20-1e would require instructional aides to remain in their employment placement for the duration of an instructional term when serving exceptional students.

The bill also allows for preferential placement of aides trained in working with autistic students.

The purpose of the bill is to stem “changes (that) are deemed disruptive to the (autistic) student’s emotional and/or psychological well-being.”

Under terms of the bill, the responsibility for making the above “determination lies with county educators in consultation with parents, teachers, administrators and any other members of the (student’s ‘IEP’ team)…”

Not to limit board “management”

The bill has a section saying that, if implemented, the intent is not to “limit the (county board’s) ability to manage staff in accordance with other provisions of law…”

There are other provisions.

Sponsored by Sen. Clark Barnes, R-Randolph. Introduced January 15. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb95%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Service personnel would be reimbursed for mileage expenses

 

Senate Bill 100. Proposed §18-5-47 would require county boards to reimburse school service personnel for employees’ mileage expended for use of their own vehicles “job-related activities.”

Sponsored by Sen. Hunter. Introduced Jan. 16. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb100%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to school service personnel substitute seniority

 

House Bill 2189. Proposed revisions to §18A-4-8g would clarify existing law so that, upon termination of a service personnel’s leave or absence or suspension, the substitute employee “shall return to the status previously held…”

Language would be stricken saying that the substitute employee, if returning to “substitute status,” that he or she would “retain any regular employee seniority accrued…”

Under current law, seniority accrued in the above fashion can be used in the “bidding process for regular positions unless the employee again attains regular employee status or has attained preferred recall status…”

There are five House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2189%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Employees would have ability to decline to work for more than 40 hours per week

 

House Bill 2230. Revised §21-5C-3 would allow an employee to decline to work more than 40 hours per week.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 16. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2230%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Good Friday would become legal holiday

 

House Bill 2241. Proposed revisions to §2-2-1 would designate “Good Friday” as a legal holiday in West Virginia.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 16. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2241%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

TRS retirees would be able to serve in areas of critical need and shortage for unlimited days

 

House Bill 2265. Proposed revisions to §18A-2-3 would allow retired teachers to accept employment in areas of critical need and shortage for an unlimited number of days without affecting their retirement benefits.

Editor’s Note: This legislation is the same as House Bill 2105 which has been adopted by the House of Delegates.

Sponsored by Del. Perry and seven other Delegates. Introduced Jan. 16. Referred to House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2265%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Bus operators’ seniority would “carry-over” for seniority purposes

House Bill 2272. Proposed revisions to §18A-4-8g would allow school bus operators to receive “credit,” for purposes of determining seniority, for “…years of experience operating a school bus in another state or county…”
            Sponsored by Del. Craig Blair, R-Berkeley. Introduced Jan. 17. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2272%20intr.htm

 

Bill would increase principals’ increment pay

 

House Bill 2292. Proposed revisions to §18A-4-3 would provide a 5 percent increase in principals’ salary increments, based on the number of teachers supervised.

Sponsored by Del. Roger Romine, R-Tyler. Introduced Jan. 18. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2292%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would allow unlimited transfer of sick leave

 

House Bill 2324. Proposed §18A-4-10e would “(allow) any (county board) employee whose spouse is also employed by the same county board (to) transfer accumulate sick leave to his or her spouse without limitation.”

Sponsored by Del. Tim Ennis, D-Brooke. Introduced Jan. 19. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2324%20intr.htm

 

Legislation would provide additional compensation for fully-certified math and science teachers

 

House Bill 2329. Proposed revisions to §18A-4-2 would provide an additional $5,000 in salary to fully certified math and science teachers who teach those subjects in grades 7-12 and to certified reading specialists.

Sponsored by Del. Sammy Cann, D-Harrison. Introduced Jan. 19. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2329%20intr.htm

Editor’s Note: This proposal appears the same as House Bill 2001 which was reviewed in the Jan. 15 issue of The Legislature. The Web site link for that bill is  http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2001%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would allow school service personnel to vote on transfer preference from a merged or consolidated school

 

House Bill 2336. Proposed revisions to §18A-4-8f would allow school service personnel the ability to vote on giving transfer preference to employees from a merged or consolidated school, with the “most senior school service personnel within the closed school or schools (then having) priority in filling any position within his or her classification category…”

The “second most senior service personnel within the closed school or schools (then would have) priority in filling remaining vacancies and so on until all available positions are filled.”

The proposed legislation outlines voting procedures relating to the bill’s intent.

Teachers currently have the ability to vote on filling positions a new school created by merger or consolidation.

There are six House sponsors, including lead sponsor Del. Marshall. Introduced Jan. 19. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2336%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

School Transportation

 

County boards would be exempt from West Virginia Turnpike fees

 

House Bill 2198. Proposed revisions to §17-16A-6a would exempt county board buses from paying West Virginia Turnpike tolls as well as “any (West Virginia) Parkways Authority Project.”

There are eight House sponsors, including lead sponsor Del. Perry. Introduced Jan. 16. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2198%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Local authorities would be able to lower speed limits where school buses travel

 

House Bill 2252. Proposed revisions to §17C-6-3 would allow “local authorities within their respective jurisdictions (to) determine upon the basis of an engineering and traffic investigation (whether or not) the speed…upon streets and highways where school buses travel is greater than is reasonable or safe under the conditions found to exist upon the street or highway…”

Based on these studies, local authorities may “determine and declare a reasonable and safe limit” on the streets or routes in questions, reducing the speed limit accordingly.

Sponsored by Dels. Caputo and Del. Linda Longstreth, D-Marion. Introduced Jan. 16. Referred to the House Roads and Transportation Committee, then the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2252%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

West Virginia Board of Education

 

Bill would allow military personnel enlistees to receive high school diplomas

 

Senate Bill 125. Proposed revisions to §18-2-34 would allow any U.S. military veteran who served during “any period of war or armed conflict” prior to completing their high school education to receive their diploma, based on rules to be determined by the state Board of Education and the West Virginia Veterans’ Council.

The rules must include an application process and the credentials necessary to receive the high school diplomas as well as defining the terms “war and armed conflict.”

Editor’s Note: Exiting law defines the wars and conflicts for which the diplomas may be granted. This legislation would strike that language, as well as a provision of current law relating to the Korean and Vietnam Conflicts. Existing law says that, in order to be eligible for the diplomas, veterans of these two wars must have been attending high school at the time they left prior to graduating and “(having) served in the armed forces…”

There are other revisions.

Sponsored by Sen. Randy White, D-Webster. Introduced Jan. 18. Referred to the Senate Military Committee, then the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb125%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

State superintendent would be required to employ 1 trained public school campus police officer at each public school

 

House Bill 2153. Proposed §18-3-3a would require the State Superintendent of Schools to employ and place “campus police officers on every public school campus in this state…”

The bill outlines qualifications for these personnel, including employment of persons who are trained in “nonlethal submission techniques, de-escalation of behavior technics and negotiation techniques in relation to school age children…”

Qualified personnel also must have “training, education or experience associated with child development, mental health and social behaviors and characteristics of school age children.”

Previously employed law-enforcement personnel would qualify to be employed as public school campus police if they possess the above 2 qualifications.

No guns

The officers couldn’t carry a gun or any other “dangerous weapon while on duty.”

The officers have the primary duty of “(preserving) law and order…on school premises (as well as) on any street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through premises…”

The officers are permitted to exercise all powers and duties of law enforcement officials.

There are several other provisions, including a proposed section that would allow the public school campus police officials to assist law enforcement agencies “in any public school location where he or she is assigned.”

Paid by state superintendent

These officers would be paid by the “State Superintendent of Schools and the State Superintendent of Schools or his or her designee shall employ, supervise and assign (the) public school campus police (officers) to each public school campus in this state.”

The State Superintendent also is responsible for providing “each public school campus police officer with an official uniform and identification and to require each officer while on duty, to wear a shield with appropriate inscription and to carry credentials of office.”

Two final bill provisions relate to revocation of public school campus police credentials as well as a requirement that county boards and county superintendents “cooperate” with the State Superintendent to implement the legislation.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2153%20intr.htm

 

WVBE would be required to limit class sizes

 

House Bill 2195. Proposed §18-2-9a would require the state Board of Education to “establish rules regarding class size for all public schools (in West Virginia).

“With respect to classrooms in (Grades 7-12), no class size shall be greater than a (25 to 1) student to teacher ratio.”

The legislation would require the state Board to “enforce this class size standard on all public school classes for (Grades 7-12).”

There are five House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2195%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would establish adult literacy council

 

House Bill 2232. Proposed §18-7-4 would establish the state Adult Literacy Council.

According to the bill, the purpose of the Council is to serve as the “infrastructure through which individuals, organizations and agencies, both public and private, having an interest in achieving the goal that all working-age adults are functionally literate.”

The Council, appointed by the governor with consent of the state Senate, would be comprised of no more than 25 members, including ex officio members.

The membership could include persons in the field of public education.

Several provisions

1. The bill has several provisions regarding how the Council would operate, especially in terms of organization and meetings.
2. These are among Council responsibilities, namely to:
3. Work to integrate planning and formalize coordination and collaboration among adult literacy delivery systems in the state, and facilitate the involvement of people and agencies statewide in the formulation and implementation of adult literacy policies and programs;
4. Provide information on the dimensions of the literacy problem within West Virginia to serve as a baseline for measuring progress toward meeting the goal of functional literacy for all working-age adults and as a framework for setting priorities, identifying gaps in service and targeting services to key populations, industries, economic sectors and geographic areas;

“learner outcomes”

• Set priorities and performance expectations for all programs funded by the council. Performance objectives would be based on learner outcomes. Incentives should be offered to encourage programs of high quality that are sustainable, that are coordinated with other resources in the community and that encourage students to continue learning throughout their lifetimes, including, but not limited to, activities to:
  - Promote professional development for instructors in the adult learning systems;
  - Promote opportunities for lifelong learning through scholarships and similar support for continued education and training;
  - Provide opportunities for the expansion and strengthening of adult literacy programs that demonstrate effective practices; and;
  - Recognize and honor achievements of adult learners who improve their literacy skills or businesses that promote lifelong learning;

Coordination

1. Coordinate efforts with public and private agencies to develop reliable and consistent information on the availability and quality of adult literacy programs and make this information readily available to adult learners, employers and service providers through the state's one-stop career center system;

2. Promote the development of programs that provide learning within a real-life context, such as workplace literacy and family literacy programs. The literacy effort should recognize the diversity of individual abilities, skill levels, circumstances and life goals, and should include efforts to enhance program access as well as a variety of instructional methods; and
3. Promote lifelong learning to maximize the potential of both the individual and the state, and advocate for adequate resources to support lifelong learning systems.
   

The West Virginia Department of Education would provide administrative and other services to the Council “as the Council requires.”

There are four House sponsors, including lead sponsor Del. Frederick. Introduced Jan. 16. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2232%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

WVBE would be required to  develop “School Drug Safety Program”

 

House Bill 2338. Proposed §18-2-38 would require the state Board of Education to “create a school drug safety program which shall include drug testing of all individuals prior to hiring, transferring or promoting to positions within a school.”

Additionally, the program must include “random drug testing of all individuals employed in a school.”

The bill has a section that would prohibit county board employees from “manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance if duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any controlled substance…”

Urinalysis

The bill has several other provisions, including requirement of an urinalysis test to detect “illegal use of drugs,” initial drug testing when the program takes effect in the schools, development of a process to “reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable.”

Other provisions address confidentiality, restrictions on “access to drug results on a need-to-know basis,” and a sections specifying that county boards are responsible for “the cost of all testing required under the program,” as well as provisions for disciplinary action for persons found in violation of the program.

Definition of individuals employed in a school

The bill defines “individuals employed in a school” to mean all county board employees “who may have contact with students as a part of their job responsibilities and all other persons who are permitted by school or a county board to have contact with students either on or off of school property, including but not limited to, field trips and athletic events.”

There are nine House sponsors, including lead sponsor Del. Perry. Introduced Jan. 19. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2238%20intr.htm

 

Bill would require WVBE to establish residential school for juvenile status offenders

 

House Bill 2356. Proposed revisions to §18-2-13i would require the state Board of Education to create a secure residential school for juvenile status offenders.

The measure also provides an alternative school for students who are expelled or suspended from “regular” school by permitting these pupils to attend evening classes or night school.

Sponsored by Del. John Doyle, D-Jefferson. Introduced Jan. 19. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2356%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

West Virginia Secondary Schools Activities Commission

 

Mandatory drug-testing program proposed for student athletes

 

Senate Bill 154. Proposed §18-2-25a would require the state Secondary Schools Activities Commission (WVSASC) to establish a “mandatory drug testing program for student athletes who have qualified, as individuals or as members of a team, for state championship competition.”

As part of the program, student-athlete could not use “…any substance on the list of banned substances, without written prescription by a fully licensed physician (as necessary)…to treat a medical condition with which the student-athlete has been diagnosed.”

The WVSSAC would be required to create a medical advisory committee which would be responsible for preparing a list of “all banned substances.”

The list would be published, with the WVSSAC making it “available to all participating members, student-athletes or any other interested persons.”

Rules

Rules would be established in relation to the program.

Student-athletes and parents would have to consent to random testing, with the Commission being responsible for establishing the “manner in which a random sample of student-athletes participating in championship competition will be tested.”

The proposals outlines that 60 percent of “all tests” will be from football, wrestling, track and field, swimming and baseball, with the remaining 40 percent of all tests to be “from all other WVSSAC sports.”

No test would be considered “positive” unless an approved laboratory reports a positive result, with the WVSSAC medical advisory committee confirming that “there was no medical reason for the positive result.”

Test “positive”

For student-athletes who test “positive” for use of banned substances, the WVSSAC is required to impose penalties on the student, based on promulgated Commission rules and appeals procedures, including forfeiture of eligibility to participate in WVSSAC competition for a 1-year period and will “forfeit any individual honor earned while in violation…”

WVSSAC-sponsored sports eligibility would not be attained unless the suspended student-athlete tests “negative” and after having completed WVSSAC-sponsored “counseling.”

Tests would be considered confidential and will only be disclosed to the “individual, his or her parent or legal guardian, and his or her school.”

The WVSSA is required to make an annual report regarding testing program “results,” with Commission officials “annually (determining) whether the (testing program) shall be renewed or discontinued.”

There are other provisions.

There are six Senate sponsors, including lead sponsor Sen. Barnes. Introduced Jan. 19. Referred to the Senate Education Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb154%20intr.htm

Football players would be required to wear neck braces

 

House Bill 2330. Proposed  revisions to §18-2-25 would require the state Secondary School Activities Commission to adopt rules requiring use of neck braces for football players participating in interscholastic athletic football events.

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

Sponsored by Del. Caputo. Introduced Jan. 19. Referred to the House Education Committee, then  the House Judiciary Committee,  http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2330%20intr.htm

Also refer to House Bill 2018 which was reviewed last week. That bill had a second reference to the House Finance Committee. It also is sponsored by Del. Caputo. The Legislature’s Web site link is http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2018%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Higher Education Generally

 

Wheeling Jesuit license plate propose

 

Senate Bill 128. Revised §17A-3-14 would authorize the state Division of Motor Vehicles to create and issue a license plate featuring Wheeling Jesuit University the institution’s insignia displayed on it.

Sponsored by Sen. Andy McKenzie, R-Ohio. Introduced Jan. 18. Referred to the Senate Transportation and Infrastructure Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb128%20intr.htm

 

Bill would prohibit abortions being performed at state college or university “medical facilities”; exceptions; Various other measures

 

House Bill 2138. Proposed revisions to §18B-2A-4 would “prohibit the performance of an abortion at any institution or facility under the respective jurisdiction of the (various higher education Institutional Boards of Governors), except when the performance of the abortion is necessary to save the life of the woman receiving the abortion.”

Sponsored by Dels. Patti Eagloski Schoen, R-Putnam, and Blair. Introduced Jan. 15. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2138%20intr.htm

A related bill, House Bill 2210, would prohibit employees of higher education institutions from assisting students in securing abortions. Those convicted of violating the law would be guilty of a misdemeanor.

That bill has a provision stating that its provisions are not “intended to interfere with the teaching or performing of medical procedures which have valid uses apart from the performing of abortions.”

House Bill 2210 is sponsored by Del. Thomas Mike Porter, R-Mercer. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2210%20intr.htm

Also refer to House Bill 2273. It would prohibit a business or organization from performing abortions in “any public facility.”

That bill is sponsored by Del. Blair. Introduced Jan. 17. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2273%20intr.htm

No subsidies to governments

Also refer to House Bill 2228. Its provisions would prohibit “subsidies or financial assistance or any kind of assistance from the state of West Virginia or from any of its counties or municipalities…” from going to “any entity, organization, business or individual that performs abortions or assists or contributes to the performing of any abortion…”

There are five House sponsors, including lead sponsor Del. Lane. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2228%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would establish the “Supplement to West Virginia Veterans Education Benefits Program Fund”

 

House Bill 2154. Proposed §18-22E-1, et. seq. would establish a provide a $50 per month stipend to honorably discharged U.S. military veterans who attend a state institution of higher education.

The program, to be known as the “Supplement to West Virginia Veterans Higher Education Benefits Program Fund,” would be established to provide “a source of economic assistance to resident veterans of this state who were residents when they began their military service who, upon honorable discharge from military service, “choose to attend a public institution of higher education located in the state.”

Funding

In addition to state dollars, the Program Fund would be set up to receive cash donations, gifs of property, or “donations from any source whatsoever.”

Funds, however, could be expended only through legislative appropriation.

A seven-member commission would govern the program, one member of which must be a Certified Public Accountant (CPA).

The bill has several provisions relating to the commission, including sections relating to its inaugural meeting, its roles and functions and investment of funds provided to the Commission.

There are several other proposed provisions.

Sponsored by Del. John Pino, D-Fayette. Introduced Jan. 16. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2154%20intr.htm

 

Penalties would be established for credit card solicitation on college campuses

 

House Bill  2168. Proposed revisions to §18B-14-10 would make it a misdemeanor for those convicted of violating existing rules regarding credit card solicitation on college campuses.

(Current laws require governing boards of higher education institutions to propose rules that regulate “marketing practices used on  (college/university) campuses by credit card companies.” The statute is fairly specific as to the ‘content’ to be included in the rules, but provided no penalties or guidance for rules violations.’ The proposed legislation would state that those persons who violate the bill’s provisions are guilty of engaging in “unfair and deceptive act[s] or practice[s].)

There are four House sponsors, including lead sponsor Del. Jeff  Eldridge, D-Lincoln. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2168%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

HEAPS funds could be used for costs associated with the GED examination

 

House Bill 2187. Proposed revisions to §18C-5-7 would allow Higher Education Adult Part-time Student Grant Program funds (HEAPS) to be used to defray costs of taking a GED examination.

Current law establishes funding for the HEAPS program, which is listed as a state budget line item.

Program funds are disbursed in various ways for students to take distance learning courses, vocational-occupational education courses, and various skill development courses, especially those which prepare students for “job opportunities in ‘demand occupations.’

There are several other program-related provisions, including those relating to acquiring a post-secondary certification for program participation.

There are four House sponsors, including Del. Eustace Frederick, D-Mercer. Introduced Jan. 16. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2187%20intr.htm

Employers encouraged to allow employees to get GED

Also refer to House Bill 2215. It is a similar measure, having provisions that encourage employers to allow employees to prepare for and obtain a GED, including an income tax credit.

There are five House sponsors, including lead sponsor Del. Frederick. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2187%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Higher education start-up businesses would be exempt from various taxes

 

House Bill 2191. Proposed §18-21-1 would exempt start-up businesses founded by state colleges or university graduates from state, county and municipal taxes for the first three years of business operations.

Sponsored by Dels. Pino and Cann. Introduced Jan. 16. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2191%20intr.htm

 

Measure relates to law-enforcement powers at private higher education institutions

 

House Bill 2202. Proposed §18B-4-5b would grant campus police officers law-enforcement powers at private institutions of higher education.

There are four House sponsors, including Del. Perry. Introduced Jan. 16. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2202%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Educational Scholarships

 

Spouses of deceased school service personnel would be eligible for state-funded financial aid dollars

 

Senate Bill 135. Proposed revisions to §18-19-1 et. seq. would allow spouses of deceased school service personnel to receive funds from a state scholarship program established for children of deceased soldiers, sailors, marines and airmen.

There are 24 Senate sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 18. Referred to the Senate Military Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb135%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would remove cap on scholarship funds received by dependent children of deceased state police

 

Senate Bill 156. Revised §15-2-33 would remove the cap on scholarship funds for surviving dependent children of State Police losing their lives in the line of duty. There are other provisions.

Sponsored by Sen. John Unger, D-Berkeley. Introduced Jan. 19. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb156%20intr.htm

 

Students attending out-of-state institutions would be eligible for PROMISE

 

House Bill 2114. Proposed revisions to §18C-7-3 would allow a student commuting to classes from his or her home in this state to an accredited out-of-state institution (not more than 50 miles from the boundary of West Virginia) to be eligible to receive a PROMISE Scholarship.

Sponsored by Del. Frederick. Introduced Jan. 15. Referred to the House Education Committee, then House Finance Committee,

A related measure, House Bill 2270, would allow a West Virginia student to receive 50 percent of the cost of tuition at an out-of-state institution of higher education if the course or courses desired by the student aren’t available through an state institution of higher learning.

The bill amends §18C-7-3.

Sponsored by Del. Blair. Introduced Jan. 17. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2114%20intr.htm

 

Bill would establish means to enhance PROMISE funding

 

House Bill 2133. Proposed revisions to §18C-7-7 would, in essence, used enhanced proceeds from video lottery to “raise additional revenue to meet any projected revenue shortfalls in the PROMISE Scholarship program the following (fiscal year).”

There are various other provisions, including a requirement for legislative rules to implement the proposed law as well as projecting PROMISE costs.

Sponsored by Del. Lane. Introduced Jan. 15. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2133%20intr.htm

 

PROMISE would become “forgivable loan program”

 

House Bill 2316. Proposed revisions to §18C-7-1 et. seq. would change the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program.

The measure would establish deferment and forgiveness conditions.

There are three House sponsors, including lead sponsor Del. Mitch Carmichael, R-Jackson. Introduced Jan. 19. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2316%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Consolidated Public Retirement Board

 

Senate Bill 104. Proposed §5-10D-9 would codify existing practice by establishing the day of the month on which annuities would be paid to retireants enrolled in plans administered by the Consolidation Retirement Board.

There are six Senate sponsors, including lead sponsor Sen. Dan Foster, D-Kanawha. Introduced Jan. 17. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb104%20intr.htm

 

Public Employees Insurance Agency (PEIA)

 

Retirees’ PEIA premium increases would be capped

 

Senate Bill 120.  Proposed revisions to  §5-16-5 would prevent retirants’ PEIA premiums from being increased more than 5 percent beyond premium rates effective Jan. 1, 2007, until the Legislature enacts a Cost-Of-Living adjustment for retired employees who receive annuities from retirement plans administered by the Consolidated Retirement Board.

Sponsored by Sen. Hunter. Introduced Jan. 17. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb120%20intr.htm

House Bill 2354 is a related bill. It would cap premium increases for PEIA retirees at 5 percent.

Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Jan. 19. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2354%20intr.htm

 

Bill relates to PEIA “excess funds”

 

Senate Bill 129. Proposed §5-16-25 would authorize the transfer of a portion of PEIA excess reserves to the state Retiree Health Benefit Trust Fund.

Sponsored by Sen. President Earl Ray Tomblin, D-Logan and Senate Minority Leader Sen. Don Caruth, R-Mercer (at the request of the governor). Introduced Jan. 18. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb129%20intr.htm

The House companion measure is House Bill 2353. It is sponsored by House Speaker Thompson, and House Minority Leader Armstead. Introduced Jan. 19. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2353%20intr.htm

Bill relates to some ABCC employees’ “gap” in PEIA coverage

 

House Bill  2142. Proposed revisions to §5-16-13 would eliminate a “gap” in employment for Alcohol Beverage Control Commission employees who, as a result of privatization of ABCC functions in 1990 and resulting employee reductions in force, were reemployed within 20 months of the RIF with another employer having PEIA coverage.\

Sponsored by Dels. Locke Wysong, D-Jefferson, and Doyle. Introduced Jan. 15. Referred to the House Banking and Insurance Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2242%20intr.htm

 

Medical coverage would be continued for spouses of deceased retirees

 

House Bill 2188. Proposed revisions to §5-16-13 would allow for continued medical coverage (PEIA) for the spouse of a deceased retired employee for any period previously purchased with accumulated leave.

There are three House sponsors, including lead sponsor Del. Bill Hamilton, R-Upshur. Introduced Jan. 16. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2188%20intr.htm

 

Teacher's Retirement System

 

Employers would have to provide information regarding TRS contributions

 

Senate Bill 134. Proposed revisions to §18-7A-13a, -14, -23, and -24 would employers to submit member contributions, including a summary of member contributions, to the TRS within 15 days following the end of the calendar month.

The Bill Note says the proposed legislation also makes some technical changes in TRS statutes relating to the definition of “accumulated contributions.”

Sponsored by Sen. Foster. Introduced Jan. 18. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb134%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bills relate to providing TRS retiree supplements

 

House Bill 2211. would provide a Cost-Of-Living increase to TRS retirees who are receiving a disability annuity and who have been retired for at least 5 years, or who are at least age 60 and who have been retired for at least 5 years and who are receiving a retirement annuity.

The COLA increase would be effective July 1 and would be based on increases in the Consumer Price Index or 3 percent, whichever is less, multiplied by the first $18,000 of the retiree’s annual annuity.

A second measure, House Bill 2229, is similar to House Bill 2211 except that it applies only to those age 60 as specified above.

House Bill 2211 is sponsored by Del. Pino. Introduced Jan. 16.  Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2211%20intr.htm

House Bill 2229 is sponsored by Del. Jim Morgan, D-Cabell. Introduced Jan. 16. It has been referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2229%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would allow teachers to apply up to 7 years toward TRS retirement

 

House Bill 2365. Proposed revisions to §18-7A-17 would allow teachers who transfer out-of-state service credit to apply up to 7 years toward TRS eligibility for retirement. (Current law specifies no limitation.)

Sponsored by Del. Douglas K. Stalnaker, D-Lewis. Introduced Jan. 19. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2365%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public Employees Retirement System

 

National Guard members could receive credit for PERS service

 

House Bill 2238. Proposed revisions to §5-10-15 would allow service credits, for purposes of Public Employees Retirement System, to West Virginia National Guard and Reserve members.

An additional bill provision relates to Civil Service Testing Credits for National Guard and Reserve members.

Sponsored by Dels. Hrutkay and Iaquinta. Introduced Jan. 16. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2238%20intr.htm

 

Unemployment Compensation

 

Bill would change the amount of UC an individual can earn without benefit change

 

House Bill 2113. Proposed revisions to §21A-1A-27 would change the amount a person can earn while receiving Unemployment Compensation benefits, without a change in benefits received, from $60 per week to 40 percent of the person’s weekly benefit rate.

Sponsored by Del. Caputo. Introduced Jan. 15. Referred to the House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2113%20intr.htm

 

Governor would be able to extend UC benefits during times when “special economic circumstances exist…”

 

House Bill 2310. Proposed §21A-6A-3 would provide the governor authority to grant an extension for Unemployment Compensation benefits when he or she determines that “special economic circumstances exist that otherwise justify the payment of the benefits.”

Sponsored by Dels. Caputo and Kenneth Tucker, D-Marshall. Introduced Jan. 18. Referred to the House Government Organization Committee, then  House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2310%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

EDUCATION-RELATED

Abortion

 

Abortion statistics would have to be maintained

 

House Bill 2149. Proposed §16-5-20a would require collection of statistics regarding abortions performed in West Virginia.

Based on information provided at the county level, the state Division of Health would maintain statistics relating to abortions performed in West Virginia.

There are three House sponsors, including lead sponsor Del. Overington. Introduced Jan. 15. Referred to the House Health and Human Resources Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2149%20intr.htm

Information regarding abortions

House Bill 2245 is a similar bill. It would require the Department of Health and Human Resources to maintain information for public dissemination regarding judicial bypasses in regard to current law relating to parental notification concerning abortions performed on minors.

There are three House sponsors, including lead sponsor Del. Porter. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2245%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Circuit courts and family courts would have concurrent jurisdiction regarding parental notification for abortions

 

House Bill 2151. Proposed §16-2F-1a et. seq. would require “abortion providers” to obtain proof of age prior to the performance of an abortion on a pregnant woman.

In cases involving minors, abortion providers would have to provide “actual or constructive notice” to parents of minors and to maintain certifications of these notices as well as parent’s proof of notification for at least seven years.

There are several other provisions, including sections regarding determination of the age of a pregnant woman seeking an abortion and the statutory determination that circuit and family courts have concurrent jurisdiction in regard to the proposed statute..

There are 11 House sponsors, including lead sponsor Del. Cann. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2151%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Written consent would be required prior to performance of abortion procedure

 

House Bill 2219. Proposed revisions to §16-2F-3 would require a physician to receive written consent from at least 1 parent or legal guardian before an abortion is performed on an unemancipated minor.

Failure to comply with the statute would constitute a misdemeanor.

Sponsored by Dels. Blair and Linda Sumner, D-Raleigh. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2219%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Child Welfare

 

Bill would require establishments selling beer to be located 300 feet from a school, church

 

Senate Bill 80. §11-16-8 would increase the distance that a beer licensee must be located from a school or church from three hundred to one thousand feet and include public playgrounds and daycare facilities as locations requiring a 1000 foot distance for a beer licensee business.

The bill exempts current licensees from the stricter distance provisions.

Sponsored by Sen. Hunter. Introduced Jan. 15. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb80%20intr.htm  Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to exemptions from mandatory immunizations of children

 

Senate Bill 91. Revised §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.

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

Diseases for which vaccines are required

The bill provides that the Commissioner of the Bureau of Health may, through legislative rules, add or delete diseases for which vaccines are required for school attendance.

The measure has other provisions including establishment of an immunization advisory committee which would be reconstituted to include designees and appointees of the Secretary of the Department of Health and Human Resources.

Under current law, various interests must be represented on the panel, including representatives of the medical community, health care providers and representatives of the insurance industry.

Sponsored by Sen. Foster. Introduced Jan. 15. Referred to the Senate Health and Human Resources Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb91%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bills relate to breast feeding of infants

 

Senate Bill 148. Proposed §61-8-9 would declare, by amending a section of law relating to “Crimes Against Chastity, Morality and Decency,” that breast feeding in public does not constitute public indecency.

Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Jan. 19. Referred to the Senate Health and Human Resources Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb148%20intr.htm

House Bill 2244 would promote the breastfeeding of infants as a public safety initiative.

The bill would:

1. Require the Secretary of the State Department of Health and Human Resources to establish a program to encourage and recognize mother/infant-friendly employers;
2. Protects a mother's right to breastfeed a child in any location where the mother and child are otherwise authorized to be present;
3. Clarify that a mother breastfeeding a child is not engaging in lewd conduct or violating nudity laws and is entitled to an expectation of privacy;
4. Require the Secretary of the Department of Health and Human Resources develop various agency and legislative rules; and,
5. Permit breastfeeding mothers to be excused from jury duty.

           
The bill has several other provisions, including a stipulation that “a mother breastfeeding her child has an expectation of privacy…, except for security cameras as they are regularly employed.”

There are eight House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2244%20intr.htm

 

Bill relates to mothers breastfeeding in public, private places

 

House Bill 2248 is a related bill, in terms of locations where mothers may breastfeed an infant. The proposed section of statute, §16-1-19, would allow mothers to breastfeed infants in any “location, public of private, where the mother and child are otherwise authorized to be.”

There are five House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Jan. 16. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2248%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

In-state placement fund section would be repealed

 

Senate Bill 149. This legislation would repeal §49-7-31 of the Code which would establishes a special account in the Department of Health and Human Resources Budget relating to the “Child Assessment or In-state Placement Fund.”

Sponsored by Sen. Prezioso. Introduced Jan. 19. Referred to the Senate Health and Human Resources Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb149%20intr.htm

 

Parents whose parental rights are terminated would continue to be responsible for supporting child or children

 

House Bill 2136. Proposed §48-11-101 would establish that parents whose parental rights are terminated continue to be responsible for support of the child until the child is adopted, reaches age of majority or is otherwise emancipated.

Sponsored by Del. Schoen. Introduced Jan. 15. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2136%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill increases penalties for child abuse

 

House Bill 2193. Revised §61-8D-3 would increase penalties for child abuse, making those found guilty of the crime serve longer jail sentences.

There are six House sponsors, including lead sponsor Del. Wysong. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2193%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns timely return of child after custody visitation

House Bill 2209. Revised §61-2-14d would make it a misdemeanor if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period.

Sponsored by Del. Stalnaker. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2209%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would allow Social Security benefits to be used in calculating child support

 

House Bill 2274. Proposed amendments to  §48-13-502, -603 and proposed §48-13-504 would establish allow family court judges to consider Social Security benefits and ability to pay when calculating child support awards under extended share parenting plans.

Sponsored by Del. K. Steven Kominar, D-Mingo. Introduced Jan. 17. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2274%20intr.htm

House Bill 2308 is a related measure. It would provide for liens on child support obligors proceeds from workers' compensation awards, civil settlements, judgments, arbitration and other alterative dispute resolution awards.

Sponsored by House Majority Leader Joe DeLong, D-Hancock. Introduced Jan. 18. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2308%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Crimes

 

Bill would prohibit voyeurism

 

Senate Bill 116. Proposed revisions to §61-8-28 would make it a criminal offense to engage in voyeurism where an individual has expectation of privacy. This bill makes an exception for law-enforcement and security surveillance. This bill also limits a criminal prosecution pursuant to the section to 3 years

Sponsored by Sen. McKenzie. Introduced Jan. 17. Referred to Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb116%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill states that all persons have right to be “free from violence”

 

House Bill 2148. Revised §61-6-21 would establish the statutory right that all persons have the right to be free from violence without regard to the motivation behind the violence.

The above provisions would delete language in existing law which enumerates that persons in West Virginia have the right to be free of violence due to their “race, color, religion, ancestry or property.”

There are additional stylistic changes.

There are three House sponsors, including lead sponsor Del. Overington. Introduced Jan. 15. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2148%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to search and seizures

 

House Bill 2201. Proposed amendments to §61-1A-6 would establish a statutory good faith exception to the exclusionary rule when evidence has been obtained during an execution of a search warrant, arrest warrant or capias, which is later determined to be invalid, as long as the officer obtaining the evidence has relied in good faith on the search warrant, arrest warrant or capias. violations of persons’ human rights, based on various itemized forms of discrimination.

Sponsored by Dels. Perry and William Stemple, D-Calhoun. Introduced Jan. 16. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2201%20intr.htm

 

Legislation would establish thresholds regarding quantities of controlled substances necessary to establish intent to deliver

 

House Bill 2305. Proposed §60A-4-401a would establish threshold quantities of controlled substances, including marijuana, cocaine, and methamphetamine necessary to constitute evidence of intent to deliver if possessed by an individual.

Sponsored by Dels. Iaquinta and Del. Joe Talbott, D-Webster. Introduced Jan. 18. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2305%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Fines would be increased for domestic battery

 

House Bill 2360. Proposed amendments to §61-2-28 would, among other things, increase penalties for persons convicted of domestic battery and domestic assault, including the requirement that they attend an approved batterers’ course.

Under terms of the bill, those convicted of domestic battery would serve at least one day in jail and could serve up to six months.

There are other provisions.

Sponsored by Del. Miley. Introduced Jan. 19. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2360%20intr.htm

 

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

 

House Bill 2361. Proposed §11-16-5, ET. Seq. would allow counties and the Alcohol Beverage Control Commissioner a means to curb proliferation of unlicensed establishments that "give away" nonintoxicating beer upon the payment of an entertainment cover charge.

According to the Bill Note, this would be accomplished by establishing the same kind of public nuisance provisions with relation to nonintoxicating beer as there currently exist for alcoholic liquor.

There are several bill provisions.

Sponsored by Del. Miley. Introduced Jan. 19. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2361%20intr.htm

Also refer to House Bill 2012 which was reviewed in the Jan. 15 issue of The Legislature.

Sponsored by Del. Miley. Introduced Jan. 19. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2361%20intr.htm

An additional bill is House Bill 2135. It would allow municipalities to regulate the hours of sale for alcohol by private club owners, especially to ensure that sales of alcohol do not occur during periods of time prohibited by ABCC rules.

There are other provisions.

Sponsored by Del. Robert A. Schadler, R-Mineral. Introduced Jan. 15. Referred to the House Political Subdivisions Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2135%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Elections

 

Bill would require non-partisan election of state Supreme Court of Appeals Justices

 

Senate Bill 110. This measure would require state Supreme Court of Appeals Justices to be elected on nonpartisan ballots.

Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Jan. 17. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb110%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

House and Senate election campaigns would be publicly financed

 

Senate Bill 118. This 36-page bill would establish an alternate means to finance House and Senate legislative campaigns, namely if candidates would agree to restrictions on campaign contributions from private sources and limits on campaign spending.

There are 9 Senate sponsors, including lead sponsor Sen. Jeffrey V. Kessler, D-Marshall. Introduced Jan. 17. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb118%20intr.htm

The House companion measure is House Bill 2371. There are 11 House sponsors, including lead sponsor Del. John Amores, D-Kanawha. Introduced Jan. 19. Referred to the House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb150%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would regulate public officials’ dispensing moneys prior to election campaigns

Senate Bill 150. Proposed revisions to §3-8-12 would prohibit distribution, handing out or otherwise dispensing of public moneys by elected officials within 90 days of elections.

Sponsored by Sen. Barnes. Introduced Jan. 19. Referred to the Senate Judiciary Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb150%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Voters would have to identify themselves prior to voting

 

House Bill 2144. Proposed §3-1-4 would require voters to identify themselves prior to voting  by providing voter’s registration card along with one form of government-issued photo identification, or in lieu of photo identification, “the voter must present a current utility bill, current bank statement, current pay stub or government check.”

Sponsored by Del. Jeff Tansill, R-Taylor. Introduced Jan. 15. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2144%20intr.htm

 

Deputy sheriffs could campaign for nonpartisan political offices

 

House Bill 2335. Revised §7-14-15 would allow deputy sheriffs to campaign for non-partisan elected political offices.

This provision is among several in a bill relating to political activities of deputy sheriffs.

Sponsored by Dels. Randy Swartzmiller, D-Hancock and Stemple. Introduced Jan. 19. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2335%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Governmental Entities

 

State Flood Protection Planning Council would be established

 

Senate Bill 160. Proposed §29-29-1, et. seq. would establish the state Flood Protection Planning Council whose purpose is to coordinate flood protection programs and to review and abate state flood protection plans.

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

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

The bill itemizes 11 Commission powers and duties, including recommendation of legislation to “reduce and mitigate flood damage,” various public outreach and news media informational efforts regarding flooding and flood planning coordination with federal agencies.

Sponsored by Sen. Bailey. Introduced Jan. 19. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb160%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would establish Legislative Commission on Technology and Advanced Communications

 

House Bill 2174. This bill has numerous proposed sections of law relating to establishment of a Joint Commission on Technology and Advanced Communications which would include non-legislative members.

The primary purpose of the legislation is to develop and maintain “an overall technology policy for (the state)” in regard to:

1. Application of technology to free state employees from repetitive tasks so the employees may focus on more important tasks;
2. application of technology to speed information flow and information management to achieve a faster response time to users of government services, including businesses, individuals and intergovernmental users;
3. minimization of transaction costs; and.
4. meeting the demands of constituents for use of technology

Findings

The bill has various findings, including the statement that the expansion and efficient use of technology should be coordinated among the several “state and federal agencies, commissions, boards, committees, associations and other entities (in the state)…"

Other bill provisions outline the membership of the 18-membership commission which, besides legislators, would include 4 representatives of the technology industry or from “major users of technology in this state.”

Remaining bill provisions outline Commission powers and duties, including evaluation of the “impact of existing statutes and proposed legislation relating to technology in the state…”

There are several other bill provisions.

Sponsored by Del. Brent Boggs, D-Braxton, and Campbell. Introduced Jan. 16. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2174%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Reports could be submitted via CD-Rom

 

House Bill 2181. Revised §4-1-23 would allow various state agencies (including licensing boards) to submit reports, including annual reports, to the Legislature and governor by CD-Rom.

Sponsored by Dels. Boggs and Hamilton. Introduced Jan. 16. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2181%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns Rehabilitation Service counselors’ pay

 

House Bill 2182. Revised §18-10A-2a would require rehabilitation counselors employed by the Division of Rehabilitation Services to be paid a rate equivalent to public school counselors.

There are four House sponsors, including lead sponsor Del. Brown. Introduced Jan. 16. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2182%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bills relate to Attorney General’s Office

 

House Bill 2239 relates to the Attorney General’s contracting of external legal counsel to represent his or her office, including a cap on fees contracted attorneys may be paid, semi-annual reporting regarding arrangements with external counsel and the requirement that all attorney fees or costs awarded to the Attorney General’s Office be deposited with the state.

There are numerous other provisions.

Sponsored by Dels. Frederick and Carmichael. Introduced Jan. 16. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2239%20intr.htm
 

Settlements

House Bill 2254 would require the Joint Committee on Government and Finance to approve any proposed settlement involving the Attorney General’s Office. It also has a provision relating to depositing “proceeds” from civil actions into the state’s General Revenue Fund.

There are seven House sponsors, including lead sponsor Del. Lane. Introduced Jan. 16. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2254%20intr.htm

Also refer to House Bill 2268. It is a related measure. Sponsored by Del. Lane. Introduced Jan. 17. Referred to the House Government Organization Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2268%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

State contract bids would have to specify location of work to be performed; authority to terminate contracts

 

House Bill 2255. Proposed §5A-3-10d would require work bids (state contracts) to disclose the location of the work to be performed. If not, the Purchasing Division could terminate the contract.

There are five House sponsors, including lead sponsor Del. Martin. Introduced Jan. 16. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2255%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to venue for suits

 

House Bill 2355. Revised §14-2-2  would remove the requirement that various lawsuits must be brought in Kanawha County Circuit Court, including suits which involve the governor, state officers, or state agencies (except as garnishee or suggestee).

Sponsored by Del. Doyle. Introduced Jan. 19. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2355%20intr.htm

There is a companion Senate bill. Similar proposals have been introduced/considered in previous legislative sessions.

 

Juveniles

 

Bill would allow release of juveniles’ names

 

House Bill 2300. Proposed revisions to §49-7-1 would allow the release of the name and identification of an adjudicated or convicted juvenile to victims of the offense(s) convicted by the juvenile.

There are three House sponsors, including lead sponsor Del. John Ellem, R-Wood. Introduced Jan. 18. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2300%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public Employees

 

Several measures relate to public employees’ pay

 

Senate Bill 114. This is the governor’s pay plan for public employees – a 2.5 percent monetary incentive for state employees, with the minimum state employees would receive being $600 and the maximum $1,200.

The incentive is in addition to other pay raises that may be granted by the Legislature or through incremental salary increases.

There are other provisions.

The legislation is sponsored by the Senate President and Senate Minority Leader on behalf of the governor. Introduced Jan. 17. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb114%20intr.htm

The House companion measure is House Bill 2286. It is sponsored by Speaker Thompson and Minority Leader Armstead on behalf of the governor. Introduced Jan. 17. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2007&sessiontype=RS

House Bill 2220 would raise the “years of service” supplemental salary increase for public employees which is currently $50 times the employee’s years of service. Under the proposed legislation the increment would become $31 times the employee’s years of service, with eligible employees receiving an annual increment of $372 for the fiscal year.

There are various years of service requirements, and the legislation has other provisions.

There are 10 House sponsors, including lead sponsor Del. DeLong. Introduced Jan. 16. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2220%20intr.htm

House Bill 2278 would provide for state employees’ salary increases based on residential housing costs in a county.

It is sponsored by Dels. Doyle and Overington. Introduced Jan. 17. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2278%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns Government Employees Deferred Compensation Plans