WVSBA The Legislature

January 28, 2008 - Volume 28 / Issue 6

Overview Info

Inside

Jan. 21-25, 2008 Session Bills Reviewed

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

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

Today is the 20th day of the 2008 regular session.

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 51 bills are reviewed.

For a copy of any bill, please contact WVSBA: 304.346.0571 or email me: hocull@wvsba.org

 

PUBLIC EDUCATION


Measure would allow a four-day school week; open fifth day for community organizations that provide student support service


House Bill 4108. Proposed revisions to §18-5-45 (the section of Code relating to the school calendar) would allow county school boards to establish a four-day school week and collect fees for use of school buildings on the fifth day from community organizations that provide student support programs.

The bill would be amended so that: “Nothing in this section prohibits establishing year-round schools, or establishing a four-day school week with increased hours to meet the one hundred eighty day year requirement and shall consider first the well being of the student and in considering what is best for the student, the board will consider the following factors:

  1. "Length of the present school day;
  2. Length of time spent on the bus route;
  3. Any concerns voiced by the parents in accordance with rules to be established by the state board.

“On the fifth day community based organizations may provide student support programs upon approval of the county board of education. The county board of education may choose to charge a fee for use of the school building.”

There are four House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced Jan. 21. Referred to the House Education Committee.  

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4108%20intr.htm

Editor’s Note: This issue was discussed at length in a December 2005 issue of The Legislature. Here is the electronic link: http://www.wvsba.org/publications/The_Legislature/2005PDFs/dec%2022%2005.pdf


U.S., West Virginia flags purchased from public funds would have to be made in the U.S.


House Bill 4150. Proposed revisions to §1-6-1 would require that the purchase of United States flag or flags of the State of West Virginia by the state, counties or boards of education using public funds only be made from manufacturers in the United States.
There are 10 House sponsors, including Del. Jack Yost, D-Brooke. Introduced Jan. 23. Referred to the House Judiciary Committee then the House Finance Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4150%20intr.htm

 

Political subdivisions could invest with state Investment Management Board and the West Virginia Board of Treasury Investments.


House Bill 4287. Proposed revisions to §12-6C-6 would clarify that funds and pools of the West Virginia Management Board and the West Virginia Board of Treasury Investments are authorized investments for funds of political subdivisions.

There are 11 House sponsors, including lead sponsor Del. K. Stephen Kominar, D-Mingo. Introduced Jan. 25. Referred to the House Political Subdivisions Committee then the House Finance Committee. 

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4287%20intr.htm

 


County superintendents would have to notify public of school cancellations by 7 a.m.; 5 a.m. for delays


Senate Bill 314. Proposed revisions to §18-4-10 would amend a primary section of Code relating to duties of county schools superintendents by adding that, in “(Closing) e a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils, School districts must notify the public of any school delay by five a.m. on the day of the delay. School districts must notify the public of any school closure by seven a.m. on the day of closure.”

According to the Bill Note, “The purpose of this bill is to notify the public at a set time of school cancellation and delays to allow working parents sufficient time to make arrangements for child care.”

Sponsored by Sen. Shirley Love, D-Fayette. Introduced Jan. 23. Referred to the Senate Education Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb314%20intr.htm

 


Bill would prohibit employers from mandating communication with employees regarding employer beliefs and activities


Senate Bill 303. Proposed §21-3-22 would prohibit employers from mandated captive meetings with their employees on political or religious matters. The bill provides a prohibition on these meetings and allows employees to recover damages for any adverse actions taken against them for refusal to participate in such meetings.

Under terms of this legislation, “Employers,”  including their agents, representatives or designees, would be prohibited from “(requiring)  its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents, representatives, or any invitee of the employer, when the primary purpose is to communicate the employer's opinion about religious or political matters.”

The term “employer” would include county boards as a “political subdivision” of the state.

Employers would be prohibited from “discharge(ing), discipline(ing), or otherwise penalize(ing)  or threaten(ing)  to discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith complaint, verbally or in writing, of a violation or a suspected violation of this section.”

This provision would be inapplicable “when the employee knows that the complaint is false.”

“Aggrieved” employees could enforce the bill’s provisions through civil actions brought within 90 days of the alleged violation(s).

The action would have to be filed with the circuit court of the county where the violation were alleged to have occurred or where the employer has its principal office or principal place of doing business.

Courts could award prevailing employees “all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay and reestablishment of any employee benefits to which the employee would otherwise have been eligible if the violation had not occurred. The court shall award a prevailing employee treble damages, together with reasonable attorneys' fees and costs.”

There are three general exceptions to bill provisions relating to collective bargaining agreements, the federal National Labor Relations Act [29 U.S.C. §158] and if the “employer is a religious, educational, labor, political, or similar organization when the employee's work activities require the employee to have knowledge of those positions or beliefs. “
 
The bill defines both “political matters” and “religious matters.”  In terms of the former it would exclude communications about the “expression of support or opposition to any candidate for elective office,” among other definitional considerations.

There are three Senate sponsors, including lead sponsor Sen. Jon Blair Hunter, D-Monongalia. Introduced Jan. 23. Referred to the Senate Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb303%20intr.htm

The House companion measure is House Bill 4132. There are six House sponsors, including lead sponsor Del. Mike Burdiss, D-Wyoming. Introduced Jan. 22. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4132%20intr.htm

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


Bill would allow school nurses and school psychologists to receive salary supplements and reimbursement for achieving national board certification


Senate Bill 329. Proposed revisions to §18A-4-2b would include school psychologists and school nurses with other professional school personnel for a salary supplement and reimbursement for achieving national board certification.

Recent legislation permitted school counselors, speech-language pathologists, and audiologists to receive reimbursement of expenses and salary bonuses for advanced certification through either the National Board of Certified Counselors or the state Board of Examiners in Counseling.

This bill’s intent is to accomplish the same for school psychologists and school nurses through achieving certification through the National Association of School Psychologists with school nurses to achieve this standing through “national professional certification.”

The bill would amend existing law so that no more than 100 speech-language pathologists, audiologists, school psychologists, school nurses or school counselors could receive funds for national certification – limited to one-half the expenses for such not to exceed $600 – as well as a $2,500 annual salary supplements which are to continue for the life of the certification(s) or for 10 years, whichever expires first.
Sponsored by Sen. Mike Oliverio, D-Monongalia. Introduced Jan. 24. Referred to the Senate Education Committee then the Senate Finance Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb329%20intr.htm

House Bill 4117 is a related measure. Its proposed  revisions to §18A-4-2a would make several changes in a statute relating to National Board of Professional Teaching Standards (NBPTS) Certification, including provision of $3,000 in annual salary supplements to persons achieving NBPTS Certification. (The current amount is $2,000.)

Classroom teachers who become principals also would be eligible to continue to receive the NBPTS supplements. 

Additionally, that proposal, as with Senate Bill 329, would include school psychologists and school nurses as persons who could receive reimbursement for certification expenses as well as salary supplements.

House Bill 4117, however, would require school nurses to be certified by the National Board for Certification for School Nurses.

It would limit certification reimbursements and salary supplements to “no more than 25 “qualified school psychologists and school nurses, “combined total,” in any one fiscal year.

Sponsored by Del. Richard Browning, D-Wyoming. Introduced Jan. 21. Referred to the House Education Committee then the House Finance Committee.

A Fiscal Note has been requested.

 Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4117%20intr.htm

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


Teachers would be allowed $100 for classroom expenditures – faculty senate funds; current amount is $50


House Bill 4125. Proposed revisions to §18-5A-5 would increase the faculty senate funds available to classroom teachers and librarians from $50 to $100 for use in buying academic materials, supplies or equipment.

Faculty senates would continue to receive $200 for each professional instructional personnel employed at the school, with $100 of those funds allocated as stipulated above.

There are nine House sponsors, including lead sponsor Del. Richard J. Iaquinta, D-Harrison. Introduced Jan. 22. Referred to the House Education Committee then the House Finance Committee.

Note: A House Education Subcommittee has endorsed this legislation. Refer to the Jan. 25 issue of The Legislature.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4125%20intr.htm


Measure addresses teacher “transfer”; provides definition


House Bill 4123. Proposed revisions to §18A-2-7 would define “transfer” as relating to school personnel.
Under bill provisions, “transfer for a classroom teacher (would mean) a substantial change in the teacher's assignment which includes, but is not limited to, the following:
  1. “Assigning the teacher to a different school;
  2. Assigning the teacher to teach one or more classes in a certification area not utilized by the teacher in his or her present assignment; and
  3. Assigning an elementary grade classroom teacher to teach a different grade level than his or her present assignment or to a split grade.”

Note: This section of Code relates to a superintendent’s recommendation(s) for  assignment, transfer, promotion, demotion, suspension and recommendations of dismissal of school personnel, and includes a  requirement for preliminary notice of transfer and transfer hearings.

There are seven House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Jan. 22. Referred to the House Education Committee then the House Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4123%20intr.htm


Discrimination based on age and sexual orientation would be prohibited


House Bill 4164. Proposed revisions to §5-11-2, -3, -4, -8, -9 and -13 as well as §5-11A-3, -5, -6, and -7 would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It also defines "sexual orientation"  as "heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived.”

There are 11 sponsors, including lead sponsor Del. John Doyle, D-Jefferson. Introduced Jan. 24. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4164%20intr.htm

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


"School Personnel” would receive a salary increase


House Bill 4155. Proposed §18A-4-21 would provide “all school personnel, including teachers, service personnel and retired teachers shall receive a six percent salary increase.”

There are 11 sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Jan. 23. Referred to the House Education Committee  then the House Finance Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4155%20intr.htm

A Fiscal Note is requested.

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


Public School Employment Relations Act Introduced


House Bill 4293. This measure is essentially a collective bargaining bill for public school employees as the Bill Title denotes.

The bill’s provisions would require county boards, multicounty vocational centers, public institutions of higher education and the state Board of Education, as “employers,” to bargain with employees.

The new article would be known as the “Public School Employment Relations Act.”

Arbitration, mediation, collective bargaining

One purpose of the legislation, as outlined in the legislative findings, is to “(encourage) labor peace through the establishment of standards and procedures which protect the rights of the public school employer, the public school employee and the citizens of this state.”

The bill features binding arbitration, grievance arbitration – defined as “arbitration of disputes arising over the interpretation or application of a collective bargaining agreement” – and “interest arbitration.” The latter is defined  as “arbitration of disputes arising during the course of contract negotiations resulting in incorporation of the arbitrator’s decision into the collective bargaining agreement.”

The measure also emphasizes mediation.

Bargaining would occur through auspices of a  state Public School Employment Relations Board to facilitate bargaining – one of whose members would represent public school “employers.”

There are extensive sections relating to the Board’s duties, including appointment – by the governor - meetings, powers and duties.

The Board must meet at least six times each Fiscal Year, including an annual meeting.

In terms of powers and duties, the Board would be required to “hold hearings and make inquiries necessary to carry out its functions and duties and may conduct studies on problems pertaining to employee-employer relations, including methods by which labor management cooperation may be improved.”

Additionally, “the board shall request from public employers and labor organizations the information and data necessary to carry out its functions and duties.”

Subpoenas

“The Board also could issue subpoenas requiring, upon reasonable notice, the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents relating to any matter at issue.”

Public school employers would be required to “…negotiate over any matter with respect to wages, hours and terms and conditions of employment and other issues agreed to by the parties,” with a written contract to incorporate bargained agreements.

Bargaining items

Public school employers would not be required to bargain over matters of inherent managerial policy, which shall include the following:

  1. The establishment of the functions and programs of the public school employer;
  2. Standards for services provided by the public school employer;
  3. Organizational structure of the public school employer;
  4. The preparation and administration of the public school employer's budget:

As stated in the bill, however, “…the impact of the exercise of these management rights on public school employees shall be a proper subject of collective bargaining.”

Strikes prohibited

Strikes would be prohibited. If a strike were to occur, however, the public employer could seek an injunction from the circuit court to stop the strike.

There are numerous other provisions, including provisions relating to which employees can belong to a recognized bargaining unit, procedures regarding impasses and arbitration which may result, payroll deductions, a stipulation about payment of a service fee by employees who do not wish to belong to a bargaining unit, various employer and employee prohibited actions, etc.

The 33-page bill has numerous other provisions. There are 10 House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced Jan. 25. Referred to the House Education Committee then the House Finance Committee.  

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4293%20intr.htm

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

 

 

Measure relates to public library funding; proposed revisions concerning levy elections


House Bill 4163.  Proposed revisions to §18-9A-11 would “clarify” that if  a county board moved the library funding obligation of a "special act library" from the regular tax levy to the excess levy, the library funding obligation under the special act would cease in the fiscal year in which the excess levy became effective or would have become effective if it had been passed by the voters.

There are seven House sponsors, including lead sponsor Del. Corey Palumbo, D-Kanawha. Introduced Jan. 24. Referred to the House Education Committee then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4163%20intr.htm

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

 

 

Excess Lottery Funds would be sold to develop long-term SBA school facilities funding

Senate Bill 297. Proposed revisions to §18-9D-2, -6, -8, 13, and 15 and proposed §18-9D-4b and proposed revisions to §29-22-18a would authorize the School Building Authority to issue revenue bonds by using $19 million in State Excess Lottery Fund proceeds.

According to the Bill Note, “This increased bonding capacity will permit the School Building Authority increased capacity to build additional schools and make substantial improvements to existing schools.”

In the bill’s definition section, it would define “Construction project” to mean “a project in the furtherance of a facilities plan with a cost greater than ($1 million) for the new construction, expansion or major renovation of facilities, buildings and structures for school purposes…”

The current figure is $500,000.

Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Minority Leader Don Caruth, D-Mercer. Introduced Jan. 22. Referred to the Senate Education Committee then the Senate Finance Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb297%20intr.htm

The House companion measure is House Bill 4131. Sponsored by House Speaker Richard Thompson, D-Wayne, and Minority Leader Tim Armstead, R-Kanawha.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4131%20intr.htm

Both bills have been introduced on behalf of the governor.

For additional information on these proposals, refer to the Jan. 11, 18 and 25 issues of The Legislature.

 


CPR training would be required in health curricula

House Bill 4124. Proposed revisions to §18-2-9 would require the addition of CPR and First Aid training to the health education curriculum in secondary schools. According to the Bill Note, the purpose of the legislation is to “further protect the safety of children in our schools.”

There are 11 House sponsors, including lead sponsor Del. Margaret Anne Staggers, D-Fayette. Introduced Jan. 22. Referred to the House Health and Human Resources Committee then the House Education Committee.

 

Governor proposes to create West Virginia Research Trust Fund

Senate Bill 287.  Proposed §18B-18A-1, et. seq. would establish directed research endowment funds at Marshall University and West Virginia University for the purpose of promoting research, scholarship, and economic development in areas of study, including energy, national security technology, environmental sciences, health and biomedical sciences, biometrics, biotechnology and nanotechnology.

Legislative findings

In an extended section of Legislative Findings, the proposal states, “the continued expansion of the national economy will be dependent upon the ability of its institutions of higher education to increase the quantity, productivity, and quality of its citizens in scientific and technical fields of study. Indeed, the failure of the United States to compete in these areas could lead to lower standards of living, dependence upon foreign intellectual capital, and international insecurity…

“…(The) future of the economy of the State of West Virginia is equally dependent upon the ability of Marshall University and West Virginia University, the state's two doctoral- granting, public research universities, to promote and train scholars, researchers, and technicians in these diverse fields of study…”

The19-page proposal would establish a program whereby eligible private donations are matched by the allocation and distribution of state moneys from the West Virginia Research Trust Fund.

The fund would consist of “any moneys appropriated by the Legislature and any interest or other return on the moneys in the fund. Any moneys remaining in the account at the end of a fiscal year, including accrued interest, do not revert to the General Revenue Fund, but remain in the account.”

WVU – 70 percent of funds; Marshall – 30 percent of funds

 Based upon the amount of moneys appropriated for deposit into this account, the commission would allocate 70 percent of the moneys for distribution to West Virginia University and 30 percent of the funds for distribution to Marshall University.

Expenditure of funds

The governing board of the participating institutions could invest moneys deposited into a directed research endowment with its nonprofit foundation that has been established to receive contributions exclusively for that institution.

The bill has extensive language relating to governing boards’ operations and expenditures of these funds, including the requirement that the participating institutions “adopt policies and procedures for the administration of directed research endowments consistent with the requirements of  (the proposed statute)…”

Minimum $50,000 donation

Matching private donations would have to be at least $50,000 and could be accepted from “individuals, partnerships, associations, public and private corporations, whether for profit or nonprofit, nongovernmental foundations, and hospitals.”

Among other additional reportage requirements, college presidents would be required to “provide periodic reports, at least annually each fiscal year, to the appropriate governing board regarding the amount of qualified private donations and qualified private donation pledges received.”

Use of funds

Endowment moneys could be used for several purposes, including paying the “base salaries of newly-endowed department chairs, new professorship positions, new research scientists, and new research staff positions, including, but not limited to, research technicians and support personnel, and to fund affiliated graduate or undergraduate student research fellowships.”

These positions or fellowships would have to be “engaged primarily in one of the following areas of research: (A) Energy and environmental sciences; (B) Nanotechnology and materials science; (C) Biological, biotechnological and biomedical sciences; or (D) Biometrics, security, sensing and related identification technologies….”

Funds also could be used to “purchase basic infrastructure directly related to an area of research… including, but not limited to, laboratory and scientific equipment, and other essential equipment and materials.”

Reportage

The Marshall and West Virginia University Board of Governors would be required to submit a directed research endowment plan to the Higher Education Policy Commission. It would have to include:

  1. “An assessment of the participating institution's current research initiatives, including any initiatives falling within an area of research identified in subdivision (1), subsection (a), section six of this article;
  2. A discussion of the manner in which those current research initiatives could be enhanced;
  3. A projected outline for the participating institution's proposed use(s) of directed research endowment proceeds, including the identification of any specific disciplinary hires, collaborations, or acquisitions currently under consideration;
  4. A list of prioritization of each proposed use contained in the plan, including the anticipated costs associated with each proposed use;
  5. A discussion of how the anticipated costs correspond to the directed research endowment proceeds expected to be available to the institution;
  6. An evaluation of how the plan furthers the goals of this article and addresses the research needs of the institution;
  7. The identification of those proposed uses for which alternative funding sources, other than qualified private donations, matching moneys from the fund, and the directed research endowment proceeds generated therefrom, may be sought to enhance the comprehensive research initiatives contemplated by the participating institution including, but not limited to, any funds received pursuant to the America Competes Act of 2007, Public Law 110-69…”

Each institution’s governing board would “submit its directed research endowment plan to the (HEPC) prior to submitting its first request for a distribution of matching moneys from the fund.”

Accordingly, the HEPC would be required to

  1. “Establish documentation standards and review procedures to determine whether a donation or pledge, when initially received or when the terms of such donation or pledge are materially altered, meets the criteria of a qualified private donation or qualified private donation pledge;
  2. Develop guidelines and procedures establishing eligibility criteria regarding the expenditure of directed endowment proceeds to pay the base salaries of personnel, to fund student fellowships, and to purchase basic infrastructure…
  3. Develop guidelines and procedures to ensure that directed research endowment proceeds are expended in compliance with this article; and
  4. Require each participating institution to report on the total amount of qualified private donations received, the investment earnings realized, and any anticipated expenditures from its directed research endowment(s) in its annual operating budget.”

The bill has several provisions relating to distribution of matching funds and reallocation of moneys for the Research Trust Fund.

Finally, the bill would require the  HEPC to submit annual reports to the Governor, the Senate President, House Speaker and the Legislative Oversight Commission on Education Accountability “…detailing the implementation of the directed research endowments at each participating institution, the amount of qualified private donations received by each participating institution in the preceding fiscal year, the amount of any distributions made from the fund, and a description of the scholarship or research supported by those moneys.”

There are several other sections.

Sponsored by Sens. Tomblin and Caruth. Introduced Jan. 22. Referred to the Senate Education Committee then the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb287%20intr.htm

The House companion measure is House Bill 4130. It is sponsored by Dels. Thompson and Armstead. Introduced Jan. 22. Referred to the House Education Committee then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4130%20intr.htm

 

Marriage and Family Therapy Board of Examiners would regulate marriage/family counseling

House Bill 4146. Proposed §30-41-1 et. seq. would regulate the practice of marriage and family therapy by establishing the Marriage and Family Therapy Board, a five-member body consisting of four licensed marriage and family therapists nominated by the state Association for Marriage and Family Therapy and one citizen member.

Most bill provisions do not relate to higher education (or public education) except for sections regarding higher institutions of learning preparation and training.

One bill section would exempt the following persons:

  1. “A person teaching, lecturing or engaging in research in marriage and family therapy which does not involve the practice of marriage and family therapy and does not directly affect the welfare of a person;
  2. A person employed by the United States of America, the State of West Virginia or its political subdivisions who is engaged in his or her official duties;
  3. A person acting in official duties as a volunteer or for compensation or other personal gain, in any public or private nonprofit corporations, organizations, associations or charities determined by the board to meet community needs;
  4. A person under qualified supervision in a training institution or facility, or in a supervisory arrangement recognized and approved by the board: Provided, That the person is designated "marriage and family therapy intern", "marriage therapy intern" or "family therapy intern" and do not present themselves as a licensee;
  5. A student studying counseling which is part of the prescribed course of study at an accredited educational institution and are supervised by a licensed professional counselor or by a teacher, instructor or professor of counseling acting within his or her official duties…”

The 25-page bill has several other sections and proposed provisions.

There are four House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Jan. 23. Referred to the House Government Organization Committee then the House
Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4146%20intr.htm

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

 

Minors’ injury settlement moneys could be used for Smart529 college savings plan investments

House Bill 4148. Proposed revisions to §44-10-14 states that if a “minor suffers injury to his or her person or property, the parent, guardian or next friend of the minor may negotiate a settlement of the minor's claim for damages prior to or subsequent to the filing of an action for damages.”

All existing stator provisions would remain the same, except that the settlement funds could be invested in a Smart529 college savings plan.

There are six House sponsors, including lead sponsor Del. Palumbo. Introduced Jan. 23. Referred to the House Education Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4148%20intr.htm

 

Bill would rescind higher education financial aid under some circumstances

House Bill 4159. Proposed §18C-1-6 would rescind state financial assistance from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor.

There are nine House sponsors, including lead sponsor Del. Louis Gall, D-Raleigh. Introduced Jan. 24. Referred to the House Education Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4159%20intr.htm

 

 

Measure would increase TRS retirees’ benefits by three percent initially

Senate Bill 322. Proposed §18-7A-26u would give retired teachers who have been retired for five  years or longer, a three percent increase in retirement benefits in July, 2008. Benefits then would be increased by three percent every five years afterwards.

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Jan. 23. Referred to the Senate Education Committee then  the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb322%20intr.htm

PERS Bill

For a similar measure relating to Public Employees Retirement System (PERS) retirees, refer to Senate Bill 321. It also is introduced by Sen. Bowman. Referred to the Senate Pensions Committee then Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb321%20intr.htm

Fiscal Notes have been requested.

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

“Pregnancy leave buy-back” proposed for teachers currently employed or retried

House Bill 4136. Proposed §18-7A-14c would allow a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the Teachers Retirement System.

The provision would apply for up to a period of one year after the statute has been enacted, allowing “any public school or employee or retiree who was required to resign, take a leave or otherwise be absent from work due to pregnancy prior to the time it was medically necessary, may purchase service credit for the period of the resignation, leave or absence during which she did not make contributions to the Teachers Retirement System if the employee or retiree meets all of the following conditions:”

  1. “The employee or retiree was a member on the date she was required to leave employment.
  2. The employee or retiree has earned a minimum of one year of service credit to the date of her return to employment a contributor to the Teachers Retirement System.
  3. The employee or retiree is presently a member of the Teachers Retirement System or a retiree receiving benefits under that system.”

The total service credit that could be purchased could not exceed five years, with applicants having to submit various documentation that they “meet the requirements of this section,” including a “sworn and notarized statement that she was required by school policy, practice or administrators to be absent from work due to pregnancy prior to the time it was medically necessary, constitutes satisfactory evidence.”

The bill has other provisions relating to purchase of TRS service credit, including a requirement that the “applicant shall pay the (TRS) an amount equal to the contributions she would have paid for the period had she not been absent as a contributor.”

There are other sections.

Sponsored by Del. Carrie Webster, D-Kanawha. Introduced Jan. 23. Referred to the House Education Committee then House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4136%20intr.htm

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

 

Bill would provide COLA benefits to TRS retirees based on natural gas severance taxes

House Bill 4152. Proposed amendments to §18-7A-28e would provide all TRS annuitants who are at least age 60 and who have been receiving an annuity for at least five years a “Cost-Of-Living adjustment in his or her monthly annuity in an amount equal to five percent of the benefits received by that annuitant.

“Thereafter all annuitants shall receive Cost-of-Living benefits equal to the annual increase in the consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics.

“These Cost-of-Living benefits shall be funded from the severance tax on natural gas…”

There are four House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Jan. 23. Referred to the House Education Committee then House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4152%20intr.htm

A Fiscal Note has been requested.

 

Bill would repeal TRS/Defined Contribution System merger statutory provision

House Bill 4154. Proposed revisions to §18-7C-6 would provide members of the Defined Contribution Retirement System a one-time option to transfer into the State Teachers' Retirement System.

The above would be accomplished by “repealing” a section of law relating to merging the Defined Contribution Retirement System into the TRS.

There are other provisions.

There are eight sponsors, including lead sponsor Del. Kevin Craig, D-Cabell. Introduced Jan. 23. Referred to the House Education Committee then the House Finance Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4154%20intr.htm

A Fiscal Note has been requested.

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

 

Insurance Commissioner would have to provide notice regarding rules affecting Workers Compensation

Senate Bill 304. Proposed revisions to §23-1-2 would provide for legislative notice by the Insurance Commissioner whenever a rule, policy or guideline that affects the Workers’ Compensation insurance system is implemented.

There are three Senate sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 23. Referred to the Senate Banking and Insurance Committee then the Senate Judiciary Committee.

Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb304%20intr.htm

 

 

Bill would establish a Joint Parenting Act

Senate Bill 316. Proposed §48-9A-101, -102, -103, -104, -105, and -106 would establish a Joint Parenting Act, relating to custody of children after divorce.

This measure, in terms of its companion House Bill 4042 , is reviewed in the Jan. 21 issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4042%20intr.htm

The Senate Bill is sponsored by Sen. Love. Introduced Jan. 23. Referred to the Senate Judiciary Committee. 

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb316%20intr.htm

 

Measure would expand definition of “imminent danger to the physical well-being of the child”

Senate Bill 298. Proposed revisions of §49-1-3 would expand the definition of child abuse and neglect to include alcohol and substance abuse on the part of the parent or parents, custodian or custodians, or guardians.

The pertinent language reads: “Imminent danger to the physical well-being of the child" means “an emergency situation in which the welfare or the life of the child is threatened. Such emergency situation exists when there is reasonable cause to believe that any child in the home is or has been sexually abused or sexually exploited, or reasonable cause to believe that the following conditions threaten the health or life of any child in the home including, but not limited to:

  1. “Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling or a babysitter or other caretaker;
  2. A combination of physical and other signs indicating a pattern of abuse which may be medically diagnosed as battered child syndrome;
  3. Nutritional deprivation;
  4. Abandonment by the parent, guardian or custodian;
  5. Inadequate treatment of serious illness or disease;
  6. Substantial emotional injury inflicted by a parent, guardian or custodian; or
  7. Sale or attempted sale of the child by the parent, guardian or custodian.
  8. The abusing parent or parents, custodian or custodian, guardian or guardians have habitually abused or are addicted to alcoholic liquor as that term is defined in section five, article one, chapter sixty of this code, or controlled substances or drugs as those terms are defined in section one hundred one, article one of chapter sixty-a of this code to the extent that proper parenting skills have been seriously impaired as a result of the abuse or addiction.” 

Note: the underlined provisions are proposed language.

There are 11 Senate sponsors, including lead sponsor Sen. Roman W. Prezioso Jr., D-Marion. Introduced Jan. 22. Referred to the Senate Health and Human Resources Committee then the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb298%20intr.htm

This bill is similar to House Bill 4102.

That proposal includes several definitional changes.

One would define “serious physical abuse" as “bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.”

The second would define “sexually violent predator"  as “a person found by a court to be a sexually violent predator” in terms of existing law - §15-12-2(A).

Accordingly, the bill would prohibit parents, guardians or custodians from allowing sexually violent predators and registered child abusers access to children.

Bill provisions do not apply when the “parent, custodian or guardian cannot prevent the prohibited person from interacting with the child because the person has such legal right because of a familial relationship to the child.”

There are other provisions.

There are nine House sponsors, including lead sponsor Del. Mahan. Introduced Jan. 18. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4102%20intr.htm

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

 

Limited driving privileges would be allowed for those having suspended driver’s licenses

House Bill 4098. Proposed §17B-2-10 would provide a procedure by which a person whose driver's license is suspended for certain reasons may obtain a restricted driver's license in order to drive in the course of the person's employment or occupation, to and from the person's residence, work location, an alcohol or drug education or treatment program as ordered by the court, the court's probation department, a court-ordered community service program, an educational institution at which the person is enrolled as a student or a place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family.

There are eight House sponsors, including lead sponsor Del. Perry. Introduced Jan. 21. Referred to the House Roads and Transportation Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4098%20intr.htm

Penalty would apply for parents who leave children unattended in motor vehicles

House Bill 4162. Proposed §17C-14-15 would prohibit a “parent, legal guardian or other person responsible for a child younger than six years of age unattended or unsupervised in a motor vehicle,” based on the following conditions:

  1. For a period in excess of 15 minutes;
  2. For any period of time if the motor vehicle is running or the health of the child is in danger.

Persons violating bill provisions could face both misdemeanor fines or penalty fine of $50 to $500 and could face from 60 days to five years’ jail time, or both.

Felonies would apply in cases where “great bodily harm, permanent disability or permanent disfigurement to a child” occurs as a result of being left unattended in a motor vehicle.

Law enforcement officers

The bill has a proposed subsection which says “Any law-enforcement officer who observes a child left unattended or unsupervised in a motor vehicle…”may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.”

Removal from “immediate area”

In case the child is removed from the “immediate area, notification shall be placed on the vehicle…The child shall be remanded to the custody of the Department of Health and Human Resources pursuant to article two, chapter forty-nine, unless the law-enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.”

There are 11 House sponsors, including lead sponsor Del. Doug Reynolds, D-Wayne. Introduced Jan. 24. Referred to the House Roads and Transportation Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4162%20intr.htm

 

 

Text-messaging while operating a motor vehicle would be illegal

Senate Bill 313. Proposed §17C-14-15 would bill is to make it unlawful to engage in text-messaging while one is operating a motor vehicle.

Various penalties would apply, including $100 - $500 fines.

Bill provisions would not apply to persons operating:

  1. “An authorized emergency vehicle; or
  2. A moving motor vehicle while using an electronic wireless communications device  to:

Sponsored by Sen. John Yoder, D-Jefferson. Introduced Jan. 23. Referred to the Senate Roads and Transportation and Infrastructure Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb313%20intr.htm

 

 

 

Early in-person ballots could be delivered to precincts as absentee ballots

House Bill 4127. Proposed revisions to would “authorize governing bodies of municipalities and county commissions to transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered, which is one day before the election.”

Sponsored by Del. Spencer. Introduced Jan. 27. Referred to the House Political Subdivisions Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4127%20intr.htm

 

Election officials would have to have training 30 days prior to elections

House Bill 4291. Proposed revisions to §3-1-46 would require election officials and poll workers to be trained within 30 days prior to a scheduled election. Current law requires training to be completed within seven days of an election.

There are five House sponsors, including lead sponsor Del. Spencer. Introduced Jan. 25. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4291%20intr.htm

 

 

County commissions and municipalities could participate in purchase card program

Senate Bill 320. Proposed §6-9-2a, 2b, and 2c and §7-5-7a and 8-12-5 would authorize participation of local governments in a purchasing card program to be administered by the state Auditor as chief inspector of public offices.

Note: This proposal relates only to county governments and municipalities, although a 2007 interim legislative commission discussed a similar measure for county boards.

There are six Senate sponsors, including lead sponsor Sen. Bowman. Introduced Jan. 23. Referred to the Senate Government Organization Committee then the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb320%20intr.htm

The House companion measure is House Bill 4121. There are five House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced Jan. 22. Referred to the House Finance Committee .

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4121%20intr.htm

 

Bill would reduce the number of written status reports regarding civil actions brought against state governmental entities.

Senate Bill 338. Proposed revisions to §55-17-3 would reduce the number of written status reports on civil actions brought against state government agencies that are required to be provided by the chief officer of the government agency to the President of the Senate and the Speaker of the House of Delegates.

Currently, agencies are required to furnish one report every sixty days in every case pending against a state government agency.

The bill would provide that reports are required only as requested by the President and the Speaker.

Sponsored by Sen. Jeffrey Kessler, D-Marshall, and Walt Helmick, D-Pocahontas. Introduced Jan. 24. Referred to the Senate Judiciary Committee then the Senate Finance Committee.

Reference : http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb338%20intr.htm

The House companion measure is House Bill 4141. Sponsored by Dels. Harry Keith White, D-Mingo, and Webster. Introduced Jan. 23. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4141%20intr.htm

 

“Sudan Divestment Procedure” introduced in House of Delegates

House Bill 4096. Proposed §12-6D-1 et. seq. would create a "Sudan Divestment Task Procedure.”

The proposed legislation provides a statutory method for how state funds or trustees of those funds, including pension fund systems or other affected entities of the state, are to address investments relating to Sudan and divestment.

There is an extensive listing of legislative findings, including a statement that in 2004 “the U.S. Congress noted that the genocidal policy in Darfur has led to reports of "systematic rape of thousands of women and girls, the abduction of women and children, and the destruction of hundreds of ethnically African villages, including the poisoning of their wells and the plunder of their crops and cattle upon which the people of such villages sustain themselves."

Other Legislative findings state that the “Sudan is a country the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan.”

The bill, through the definition of “public fund,” would require “…the public fund (to) make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings or could possibly have holdings in the future. These efforts shall include, as appropriate:

  1. “Reviewing and relying, as appropriate in the public fund's judgment, on publicly available information regarding companies with business operations in Sudan, including information provided by nonprofit organizations, research firms, international organizations and government entities; or
  2. Contacting asset managers contracted by the public fund that invest in companies with business operations in Sudan; or
  3. Contacting other institutional investors that have divested from or engaged with companies that have business operations in Sudan.”

“Scrutinized company”/Percentage of investment

“Scrutinized" company generally means any company that has business operations that involve contracts with or provision of supplies or services to:

Accordingly, those companies would have assets linked to oil-related activities or mineral extraction activities, power production activities, and/or the  company supplies military equipment within Sudan.

In determining any linkages, the bill requires that a company’s percentage of investment meet certain percentage thresholds or that the “company is complicit in the Darfur genocide.”

“Public fund”

The bill defines “Public fund (to mean) the state's pension fund systems and other affected assets or the trustees and other appropriate designates in charge of the state's pension fund systems and other assets targeted by this (bill), and includes public securities as defined in section one, article five of this chapter, and all state funds subject to the administration by the West Virginia Investment Management Board…”

Possible divestiture

Within 90 days of the bill’s passage, the public fund is to assemble all scrutinized companies identified into a "scrutinized companies list."

From this point, the “public fund” is to begin to determine the degree to which it invests in “scrutinized companies.” If a company’s involvement in Sudan is inactive, the “public fund (is to) encourage it to continue to refrain from initiating business operations in Sudan until it is able to avoid scrutinized business operations.”

Companies actively involved with Sudan are to be notified that the public fund may “become subject to divestment.” If, within 90 days, the company were to cease scrutinized business operations in Sudan, the company would be removed from the scrutinized countries list.

If a scrutinized company seeks to continue to do business with Sudan, it may be subject to divesture, with 100 percent of the public funds to be removed within 15 months.

Exceptions

The bill’s provisions would not apply to “indirect holdings in actively managed investment funds.”

Reportage

The bill requires various degrees of reportage, including required reports to be filed with the Legislature and state Attorney General as well communications to be forwarded to the U.S. Presidential Special Envoy to  Sudan or designee or successor.

These reports would refer to divestitures.

The bill has an internal expiration date, including a declaration by the Congress or President “that the Darfur genocide has been halted for at least (12) months.”

There are several other sections relating to reinvestment, enforcement – a responsibility of the state Attorney General – and severability.

There are nine House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Jan. 21. Referred to the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4096%20intr.htm

 

Public buildings could not be named for a living, elected official

House Bill 4113. Proposed §4-13-1 would prohibit the naming of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers for a living, elected official by any governmental entity.

The bill also provides that any responsible governmental official authorizing the naming of a building, road, structure or project for a living elected official is liable to the governmental entity for any costs incurred by a violation.

There are four House sponsors, including lead sponsor Del. Linda Sumner, D-Raleigh. Introduced Jan. 21. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4113%20intr.htm

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

 

Local health boards would inspect primary and secondary schools; standards to be established for the inspections

House Bill 4167. Proposed revisions to §16-1-6 would establish an inspection procedure for primary and secondary schools by local boards of health may be reported to the principal of the school, the county superintendent and the president of the county board, or to persons of like responsibility in the case of a private, parochial, church or other school operated by a religious order .

 The bill also authorizes the Commissioner of the Bureau for Public Health to promulgate and establish standards for these inspections.

There are five House sponsors, including lead sponsor Del. Bill Proudfoot, D-Randolph. Introduced Jan. 24. Referred to the House Government Organization Committee then the House Education Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4167%20intr.htm

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

 

Measure grants the State Auditor and Treasurer ability to require electronic commerce, electronic filings

House Bill 4290.    Proposed §12-3A-2 would permit the State Auditor and Treasurer discretion to require electronic filing of documents and to waive any requirements in the filing and the certification, notarization or verification of those documents.

The bill also defines the term "document" and permits the sale or disposal of property by electronic commerce.

“Document” would be defined as “any authentication, certificate, claim, form, invoice, record, report, requisition, security, statement or other similar item that may be in a tangible or electronic form.”

There are nine House sponsors, including lead sponsor Del. Swartzmiller. Introduced Jan. 25. Referred to the House Government Organization Committee then the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4290%20intr.htm

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

 

 

 

Bill would change qualifier for low income threshold – Homestead Exemption tax credit

Senate Bill 283. Proposed revisions to §11-21-21 would change the qualifier for a senior citizens' homestead tax credit low income from 150 or less of the federal poverty guideline.
 to 300 percent or less of the federal poverty guideline.

Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Jan. 21. Referred to the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb283%20intr.htm

A Fiscal Note has been requested.

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

 

Bill would require property owners to provide evidence to justify Class II property classification; certain address requirements

Senate Bill 296. Proposed revisions to §11-8-5 would require assessors to verify with the Tax Commissioner that Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of the property is the residential address of the owner or owners.

The bill also requires the Tax Commissioner to develop and implement a computerized system by which an assessor can confirm whether Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of their property is their residential address.

Additionally, the measure requires owners to justify the classification of their Class II property if their tax returns do not indicate that their address is the address of the property, and provides that the return is presumptive evidence that the subject property is owned, used and occupied by the owner exclusively for residential purposes or that farm property is occupied by the owners.

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 22. Referred to the Senate Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb296%20intr.htm

A Fiscal Note has been requested.

Procedure would be developed for aircraft tax valuation

House Bill 4093. Proposed §11-6H-1 et. seq. would develop a method to valuate aircraft. This bill is the same as Senate Bill 265 which was reviewed in the Jan. 21 issue of The Legislature.

Sponsored by Dels. Thompson and Armstead. Introduced Jan. 21. Referred to the House Judiciary Committee then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4093%20intr.htm

The Senate reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb265%20intr.htm

 

Bill would increase retirement income tax exemption from $8,000 to $15,000

House Bill 4115. Proposed revisions to §11-21-12 would increase the exemption on retirement income from taxation on persons age 65 older or a surviving spouse of such persons from $8,000 to $15,000 a year.

There are 10 House sponsors, including lead sponsor Del. Linda Longstreth, D-Marion. Introduced Jan. 21. Referred to the House Pensions and Retirement Committee then the House Finance Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4115%20intr.htm

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

 

Tobacco would have to be sold in original factory-wrapped packages

Senate Bill 288. Proposed revisions to §16-9A-8 would prohibit the sale of tobacco products in anything other than original factory wrapped package.

It also would  prohibit the sale of cigarettes in packages of less than 20 and would prohibit the sale of single cigarettes.

Federal warning labels would have to be affixed to each tobacco package sold.

The bill has penalties for violating its provisions.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 23. Referred to the Senate Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb288%20intr.htm

The House companion measure is House Bill 4134. There are 11 House sponsors, including lead sponsor Del. Palumbo. Introduced Jan. 23. Referred to the House Judiciary Committee.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4134%20intr.htm

 

 

Senate Bill 280 would modify the Downtown Redevelopment Act to promote development of municipal areas which are unusable without extraordinary expenditures…Senate Bill 286 would grant permanent immunity from civil liability for adult protective service workers and child protective service workers performing employment-related duties and responsibilities within their official capacity. Also refer to House Bill 4104 the companion measure and House Bill 4103 which relates to crimes against public safety, service or enforcement officers as well as specified Department of Health and Human Resources employees…Senate Bill 389 would require Driver’s License examinations be administered in English only in West Virginia. A related bill, Senate Bill 294, would require all applications for licenses or registrations and examinations pertaining to professions to be in English only…Senate Bill 291 would require appointment of an additional circuit court judge in the 22nd Judicial Circuit…Senate Bill 293 would permit retired state Supreme Court of Appeals employees who have retired on senior status to draw both Public Employees Retirement System benefits and temporary or per diem compensation from the state Supreme Court up to $20,000 annually…Senate Bill 299 would phase in requirements for electricity providers to add renewable energy systems to “help sustain and protect the environment”….Senate Bill 300 would disallow accelerated rate recovery for adverse effects of constructing electric transmission facilities…Senate Bill 307 would prohibit state funding of abortions…Senate Bill 308 would require the appropriate governmental entity to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period that a defendant remains incarcerated in connection with the case…

Senate Bill 310 would require equal pay for all state magistrates…Senate Bill 311 would authorize judges to order jurors to be drawn from another county/counties when jurors cannot be seated from the county in which the trial will be held…Senate Bill 315 would county commissions with the authority to regulate the location of businesses selling sexually-oriented materials…Senate Bill 324 relates to the regulation of parking for state office buildings in Charleston. House Bill 4147 is its companion…Senate Bill 325 would clarify existing law to say that employee must have received pay every payday during a Fiscal Year to qualify for participation in the matching program of the state’s Deferred Compensation plan for state employees. House Bill 4288 is the House companion measure…Senate Bill 333 would change the timetable and responsibilities for the Municipal Home Rule Pilot Program…Senate Bill 334 would create a panel of senior status family court judges…Senate Bill 339 would enact the Uniform Real Property Electronic Recording Act which would provide for recording of electronic real property documents (county clerks), including validity of real property documents with electronic signatures…Senate Bill 340 would authorize a procedure to notify consumers when the acquisition of data that compromises the security, confidentiality or integrity of personal information maintained by the data collector occurs. There are other provisions…Senate Bill 342 would exempt race tracks from the private club requirements in regard to the time to “cease selling, giving or dispensing alcohol in private clubs…”

House Bill 4094 would authorize state agencies to condition compensation paid to employees for job-related training, education or professional development on continued employment with that state agency. This bill was introduced on behalf of the governor. There is a Senate companion measure…House Bill 4095 would create a commission to study the impact of global warming on the state…House Bill 4097 would provide retention salary increases for Division of Corrections and Division of Juvenile Services employees, based on years of service…House Bill 4110 would increase the barrel tax on nonintoxicating beer, allocating 50 percent of the tax to the Regional Jail Operations Partial Reimbursement Fund…

House Bill 4116 would authorize a refundable tax credit based on federal poverty guidelines. Current law, according to the Bill Note, provides for a nonrefundable tax credit…House Bill 4118 would authorize the Alcohol Beverage Control Commissioner to enter into cooperative agreements for assistance with state, county and municipal police officers to investigate and enforce law relative to sales of alcohol…House Bill 4119 would allow for voter-approved zoning ordinances, requiring voter approval for county commission amendments…House Bill 4120 would prohibit inclusion of specific dollar amounts/figures related to damages in complaints for personal injury or wrongful death actions…House Bill 4122 would reduce state income tax for state/federal retirees by increasing the modification for military retirement of no more than a total $22,000…House Bill 4128 would provide a tax credit for firefighters that work in a critical needs area of the state… House Bill 4135 would allow adult adoptees to obtain noncertified copies of their original birth certificates and would provide birth parents with consent preference and medical history forms…House Bill 4137 would clarify that a  municipality and county will be notified by an insurance company when a total loss to a structure occurs within that county or municipality…House Bill 4138 would require notice review of all DHHR rules, policies and plans by the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA)…House Bill 4139 would allow persons who use bioptic telescopic devices to receive driver’s licenses if they complete an approved driver training program…House Bill 4145 would establish accredited convention and visitor bureaus, including standards for accreditation…House Bill 4156 would  permit the governing body of a municipality to place a lien on property in an amount equal to the demolition and removal costs of a hazardous structure. 

 

West Virginia School Board Association
PO Box 1008
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Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

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sdavidson@wvsba.org

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