Jan. 22-26, 2007 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. 22-26, 2007 during the third week of the First Regular Session/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 98 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

County Boards

 

County board members would receive $85 per day/expenses for attending training

 

Senate Bill 159. Proposed amendments to §18-5-4 would allow county board members to receive $85 per day and expenses for time spent in “mandatory education.”

The pertinent bill provision reads, “Members also shall be reimbursed, upon presentation of an itemized sworn statement, for all necessary traveling expenses incurred during any mandatory training sessions, and they shall also receive ($85) a day for attendance at mandatory training sessions.”

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 19. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb159%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

English would become state’s ‘official language’ in terms of documents.

 

Senate Bill 173. Proposed §2-1-3 would designate English as the “official language of the State of West Virginia.” Accordingly, “no state agency or political subdivision” would be compelled to provide – nor would they be prohibited from providing – “any documents, information, literature or other written materials in any language other than English.”

Sponsored by Sen. Bailey. Introduced Jan. 23. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb173%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would create the “Student and Family Privacy Protection Act”

 

House Bill 2413. Proposed §18-5-48 would establish the “Student and Family Privacy Protection Act.”

Under terms of the proposed legislation, each county board would be required to develop a policy that would require “high school principals to inform each high school student, or the student's parent or legal guardian, of that student's right under Title IX of the federal No Child Left Behind Act of 2001 (20 U.S.C. 6301 et seq.) to request, pursuant to Section 7908 of Title 20 of the United States Code, that the student's name, address and telephone listing not be released to military service representatives without the prior written consent of the parent, legal guardian or student.”

A form would be provided to the parent, legal guardian or student which “clearly and conspicuously provides notice of the right to choose whether to disclose the information.”

There are nine House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Jan. 22. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2413%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

County board financial statements could be published by Internet

                  
House Bill 2457. Proposed revisions to §18-9-3a would allow county boards to publish annual financial statements via the Internet.

If boards publish the statements in this manner, they must “…publish a notice as a Class I-0 legal advertisement with the county being the publication area notifying the public that: (1) the statement is available via the internet, including the applicable web address; and (2) the address or phone number by which the public may request a copy of the statement.”

There are four House sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. Introduced Jan. 23. 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/hb2457%20intr.htm

Project labor agreements for state-funded projects would be prohibited

 

House Bill 2460. Proposed §5A-3-10d would project labor agreements on state-funded construction projects.

The bill has a finding that the proposed legislation will promote the “…the economical, nondiscriminatory, and efficient expenditures of public funds in connection with publicly funded or assisted construction projects.”

In order to accomplish this aim, the legislation would require public works construction projects “ (to) be awarded to and completed by contractors and subcontractors on a fair and competitive basis.”

Labor union affiliation not required

The measure stipulates that director or other public authority and a contractor or subcontractor are direct parties, do not require a contractor or subcontractor to do any of the following:

1. Enter into agreements with any labor organization on the public improvement;
2. Enter into any agreement that requires the employees of that contractor or subcontractor to do either of the following as a condition of employment or continued employment:
   
(A) “Become members of or affiliated with a labor organization;
(B) “Pay dues or fees to a labor organization;
(C) “Discriminate against bidders, offerors, contractors, or subcontractors for entering or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations.”

NLRB

The bill states that its provisions are not to “prohibit employers or other parties covered by the National Labor Relations Act from entering into agreements or engaging in any other activity arguably protected by law, nor shall any aspect of the previous subsections of this section be interpreted in such a way as to interfere with the labor relations.”

There are three House sponsors, including lead sponsor Del. Daryl Cowles, R-Morgan. Introduced Jan. 23. 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/hb2460%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to school consolidation; voter approval in some instances

House Bill 2480. Proposed revisions to §18-5-13a(5) would require voter approval prior to closure and consolidation of schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue approved by the voters.

The proposed statutory provision would require “…(the closure to be) submitted to the voters of the county and ratified by a majority of all votes for and against the question.”

The proposed provisions don’t apply to “closures or consolidations approved by the county board prior to the effective date of this section, to closures or consolidations resulting from the destruction or ‘unserviceability’ of school buildings due to flood, fire or other natural disaster, and to closures or consolidations otherwise excepted by this section…”

There are six House sponsors, including lead sponsor Del. Larry A. Williams, D-Preston. Introduced Jan. 24. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2480%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would require public works construction projects to meet “time restrictions”

 

House Bill 2496. Proposed §5-22-3 would require each state public works contract include a provision requiring a definitive completion date and that contractors awarded such contracts be required to meet the time restriction.

The bill also defines "public works construction contract" and provides a monetary penalty for failure to complete a public works construction project on the agreed-upon completion date.

Definition of public works construction

Based on terms of the legislation, a public works construction contract is “any contract between a private contractor and any public agency of this state for the construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, increase, equipment, maintenance and repair…of facilities, buildings, engineering and architectural works…other public buildings…stadiums,  gymnasiums, sports arenas, auditoriums…undertaken by a public agency.”

Requests for extensions could be granted “only…in the event of an unforeseeable emergency, to accommodate significant changes made by the public agency with which the contract exists, or because of the fortuitous existence of extreme inclement weather conditions.

(The bill has a lengthy definition for “extreme inclement weather.)

Change orders

In the event of change orders for related additional services, extensions may not be granted which exceed 20 percent, either as to an increase to the original contract price, or as to an extension of time in relation to the agreed upon completion date.

These provisions would not apply in cases where “…an additional service is expressly included as an option in the original contract…”.)

The Secretary of the Department of Administration would be required to propose legislative rules to implement the legislation.

There are three House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Jan. 24. Referred to the House Industry and Labor, Economic Development and Small business Committee, then the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2496%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Home or Private Schooling

 

Tax credit proposed for parents who home school students

 

House Bill 2557. Proposed §11-21-23 would provide a two-tiered personal income tax credit to parents or legal guardians who provide home or private, primary or secondary education for their children. The tax credit will be effective upon the completion of a school year and available at a rate per child of $500 for home schooling and $1,000 for private schooling.

There are nine House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced Jan. 26. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2557%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public School Support

 

Bill provides adjustment for projected fuel costs

 

House Bill 2582. Proposed revisions to §18-9A-7 would change the state’s Public School Support program (School Aid Formula) to allow county boards in high-density counties to receive an SAF “allowance” of 85 percent, and county boards in low-density counties to receive a 90 percent “allowance” for transportation costs (maintenance, operation and related costs except salaries for the latest fiscal year for which the expenditures are available…)

The adjustments would be based on the “portion of the allowance attributable to motor fuel used in student transportation…adjusted based on the projected cost of motor fuel for the current fiscal year.”

Motor fuel projected costs

The “projected cost for motor fuel (would be) determined by multiplying the actual expenditures for motor fuel for student transportation of each county board for the latest fiscal year for which the data is available by the state aggregate average percentage change in expenditures for motor fuel of all county boards for the latest three fiscal years for which the actual expenditures are available…

“Each county board's allowance for motor fuel so determined shall be further adjusted each fiscal year by the difference between the actual expenditures for motor fuel for the latest fiscal year for which the actual expenditures are available and the adjusted amount used for motor fuel cost in determining the county board's allowance for that fiscal year.”

Under the proposed legislation, the SAF transportation would be 85 percent for school transportation costs for high-density counties and 90 percent  for low density counties.

Contracted transportation services

The allowance would include, as under current law, the county board’s costs of contracted transportation services and public utility transportation.

There are nine House sponsors, including lead sponsor Del. Tom Campbell, D-Greenbrier. Introduced Jan. 26. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2582%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School Personnel

 

School psychologists and other professional personnel would receive National Board certification salary reimbursement

 

Senate Bill 213. Proposed revisions to §18A-4-2b would allow school psychologists along with other professional school personnel to receive salary supplements and reimbursement for achieving national board certification.

The certification would have to be received from the National Association of School Psychologists.

Sponsored by Sen. Roman W. Prezioso Jr., D-Marion. Introduced Jan. 25. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb213%20intr.htm

 

Bill relates to tenure of coaches who aren’t professional educators

 

Senate Bill 334. Proposed revisions to §18A-3-2a would allow persons employed in the public schools as athletic coaches or other extracurricular activities coaches, but who are not regular professional employees, to continued to be employed in the same position without the position being posted if they have served in the position for three years and received satisfactory evaluations.

Sponsored by Sen. Larry Edgell, D-Wetzel. Introduced Jan. 26. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb334%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Service personnel would receive $500 early retirement notification bonus

House Bill 2373. Proposed revisions to §18A-2-2 would include service personnel for eligibility for the $500 early retirement notification bonus under the Teachers Retirement System.

(Currently only teachers can receive the bonus.)

Sponsored by Del. Douglas K. Stalnaker, D-Lewis. Introduced Jan. 22. Referred to the House Pensions and Retirement Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2373%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Several measures relate to school service personnel salaries, benefits and working conditions

 

House Bill 2381. Revised §18A-2-5 would establish the school service personnel class title and Pay Grade for the positions of “Administrative Assistant” and “Legal Secretary.”

“Administrative Assistant” would be defined as “personnel employed to assist the county superintendent of schools or other administrators in charge of various instructional, maintenance, transportation, food services, operations, health departments, or federal programs or departments with particular responsibilities of purchasing and financial control and who exercise significant administrative duties.

“Legal secretary” would be defined as “personnel employed to assist the board's legal counsel or other employee primarily engaged in the board's legal matters, and who transcribes or prepares transcripts of grievance or other hearings, schedules hearings, transcribes or otherwise prepares notices, correspondence, or other documents pertaining to the board's legal or grievance matters, and conducts research as directed by counsel or others.”

Both positions would be Pay Grade H.

There are five House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 22. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2381%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School service personnel mechanics could count pre-employment experience toward pay rate

 

House Bill 2383. Proposed §18A-4-8j would allow school service personnel to mechanics to have their experience, training and certifications considered toward their rates of pay.

Sponsored by Del. K. Steven Kominar, D-Mingo, and Williams. Introduced Jan. 22. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2383%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Omnibus School Service Personnel Bill

House Bill 2418. This bill would:

• Provide a six percent pay increase to school service personnel;
• Upgrade Pay Grades of cooks and custodians and adding pay grades to the bus operator classification;
• Clarify when aides should be considered supervisory employees for purposes of receiving pay at a higher pay grade;
• Provide that classroom aides in Kindergarten classrooms which have more pupils than the maximum pupil/teacher ratio receive additional compensation as to professional personnel
• Allow service personnel to retain their seniority for purposes of (Reduction in Force) when they move from one classification to another.

These are among specific bill language provisions:

Pre- and Kindergarten aides

• “Any classroom aide assigned to a prekindergarten or kindergarten classroom wherein there are more than (20) pupils enrolled shall also be paid additional compensation based upon his or her daily rate of pay and otherwise utilizing the same calculation used for prekindergarten and kindergarten teachers…”

Bus operator positions

• “Bus operator II" (Pay Grade E) means personnel employed to operate school buses and other transportation vehicles as provided by the state Board of Education, who have served in a position which meets the definition of "Bus operator I" for 10 years;
  
• "Bus operator III" (Pay Grade F)  means personnel employed to operate school buses and other school transportation vehicles as provided by the state Board of Education, who have served in a position which meets the definition of “Bus operator I” or “Bus operator II” for 20 years.”

Cook/Custodian Pay Grades

• Cafeteria Manager would become Pay Grade E (currently D);
  
• All Cook and Custodian positions are increased by one Pay Grade

Position Transfer

• “Service personnel who transfer from one job classification to another shall retain the amount of seniority held at the time of transfer for the purposes of bidding on a job in the previously held job classification and any (RIF)…”
• Service personnel “…subject to release (RIF) shall be employed in any other classification position where the employee is qualified and was previously employed. If the employee's seniority is greater than the seniority of any other employee in that classification, the employee with the least seniority in that classification shall be released and the employee with the greater seniority shall be placed in that position. If there are more than one employee with less seniority than the person to be released in one or more classifications where he/she was previously employed, the employee with the least amount of seniority in any of the affected classifications shall be released and the employee with the greater seniority shall be placed in that position.”

 

There are seven House sponsors, including lead sponsor Del. Charlene Marshall, D-Monongalia. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2418%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Salary increases based on residential housing costs

 

House Bill 2419. Proposed §18A-4-8j would provide school service with three or more years’ experience a 2 percent annual salary increase if the employee “resides in a county where residential home prices are at least (10) percent above the statewide average for residential homes.

“Every eligible” service employee with three or more years of service shall receive an annual salary increase equal to four percent of the employee's regular salary, if that employee resides in a county where residential home prices are at least twenty percent above the statewide average for residential homes.”

The “incremental increases” would be in addition to any across-the-board, cost-of-living or percentage salary increases which may be granted in any fiscal year by the Legislature.

Years of service

If an employee had three or more years of service, he or she would receive an annual salary increase equal to six percent of the employee's regular salary, if that employee resides in a county where residential home prices are at least 30 percent above the statewide average for residential homes.

If an eligible employee having three or more years of service resides in a county where residential home prices are more than 30 percent above the statewide average for residential homes, the employee shall receive an annual salary increase of two percent of the employee's regular salary for every 10 percent that residential home prices in that employee's county exceed the statewide average for residential homes.

Sponsored by Dels. John Doyle, D-Jefferson, and Overington. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2419%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Four percent pay raise

 

House Bill 2429. Similar in most respects to House Bill 2419, this measure would provide school service personnel a four percent across the board pay increase (for those service personnel who work for more than three- and one-half hours daily).

For service personnel who work less than that amount of time daily, the pay increase would be at “least one-half the amount indicated in the ‘state minimum pay scale pay grade I’ plus a four percent across the board increase…”

On July 1, 2008, the across the board pay increases would be set at nine percent. For FY09, the across-the-board increase would be set at 15 percent.

Sponsored by Del. Marshall. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2429%20intr.htm

 

“Sanitation Plant Operator”

 

House Bill 2462. The purpose of this legislation, which would amend §18A-4-8a, is to change the Pay Grade of “sanitation plant operator” from Pay Grade “F” to “G.”

Sponsored by Del. Mary Poling, D-Barbour. Introduced Jan. 24. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2462%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Minimum hourly rate for extracurricular assignments

 

House Bill 2563. Proposed revisions to §18A-4-8a would establish a minimum hourly rate of pay for extracurricular assignments as being “no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds.”

The proposed legislation would allow an “alternative minimum hourly rate of pay for performing extracurricular assignments within a particular category of employment” if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county.

Secret ballot

The vote would be by secret ballot if requested by a service personnel employee within that classification category within that county.

The salary for any fraction of an hour the employee is involved in performing the assignment would be prorated accordingly.

When performing extracurricular assignments, employees who are regularly employed on a one-half day salary basis would receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.

There are eight House sponsors, including lead sponsor  Del. Ricky Moye, D-Raleigh, Introduced Jan. 26. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2563%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Commercial Driver’s License

 

House Bill 2575.  Proposed revisions to §17E-1-3, -6, -7,-8,-13,-20, and -25 would, among other things, update state Code regarding commercial driver’s licenses to conform to federal law.

As noted above, the legislation would amend several sections of existing law.

There are 10 sponsors, including lead sponsor Del. Lidella Wilson Hrutkay, D-Logan. Introduced Jan. 26. Referred to the House Roads and Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2575%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Bills relating to teachers

 

Teachers would receive pay increases based on residential housing costs.

 

House Bill 2397. Proposed §18A-4-2c would provide  salary increases for a teacher based upon residential housing costs. The employee would receive an annual salary increase of two percent of the employee's regular salary for every 10 percent that residential home prices in that employee's county exceed the statewide average for residential homes.

(These are the same provisions as included in House Bill 2419 relating to school service personnel. It is reviewed above.)

There are nine House sponsors, including lead sponsor Del. Overington. Introduced Jan. 22. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2397%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates teacher reimbursement for certificate renewal and additional endorsements

 

House Bill 2415. Proposed revisions to §18A-3-3a would allow more teachers to be reimbursed for approved course work by limiting the amount of course work for which any one teacher may be reimbursed and removing a division between reimbursement for certification renewal and additional endorsement courses of the available funds.

There are eight House sponsors, including lead sponsor Del. Campbell. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2415%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns teacher certificate renewal

 

House Bill 2585. Proposed revisions to §18A-3-3 would allow “permit teachers” to renew certificates within a five-year period if they, among other things, “present an official transcript of six semester hours of approved credit or documentation of equivalent state-approved professional development.”

Teachers holding professional certificates would be able to have their certificates made permanent if they, among other things, complete the requirements listed above and also qualify for certification through the National Board for Professional Teaching Standards (NBPTS).

Sponsored by Dels. Poling and Brady Paxton, D-Putnam (by request). Introduced Jan. 26. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2585%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Teacher shortage areas would become priority for course reimbursement

 

House Bill 2588. Proposed revisions to §18A-3-3a would create a priority for the reimbursement of tuition and fees for courses for the renewal of teaching certificates and additional endorsements in shortage areas if insufficient funds appropriated to reimburse all those who are eligible.

Reimbursement would be limited to 15 semester hours of courses for any teacher. Sponsored by Dels. Poling and Paxton. Introduced Jan. 26. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2588%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Dental hygienists would be able to perform duties without dentists’ supervision

 

House Bill 2398. Proposed revisions to §30-4-3 would allow dental hygienists to perform their duties in some settings, including schools, without direct dentist supervision.

There are five House sponsors, including lead sponsor Del. Barbara A. Hatfield, D-Kanawha. Introduced Jan. 22. 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/hb2398%20intr.htm

 

Bill would increase principals’ salary increments

House Bill 2403. Proposed revisions to §18A-4-3 would provide a one percent increase in principal salary increments “until July 1, 2007.” After July 1, the salary increment, based on number of teachers supervised, would be increased by an additional five percent.

Sponsored by Dels. Campbell and Williams. Introduced Jan. 22. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2403%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Salary augmentation legislation introduced

 

House Bill 2420. Proposed §18A-4-5e and §18A-4-8j would provide a “salary augmentation” for school (and state) employees.

Employees’ salaries would be increased by five percent for every one percent of the employee’s resident per capita income exceeds the average county per capita income for the state.

Sponsored by Del. Doyle. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2420%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Employees would have right to review and copy personnel files

 

House Bill 2461. Proposed §21-3-22 would allow employees (public or private) the right to “review and to be provided one copy of portions or the entire contents of his or her personnel file.”

If “additional information or documents are added to an employee's personnel file, the employee has the right to review and copy the additional information at the employer's expense.”

25 cents per page

If additional copies of the same material previously copied are requested, the employer may require a charge of 25 cents per page of additional material copied.

The bill defines "personnel file" as the “compilation of information that is maintained or stored, at an employer's or employer's agent's direction, in any manner or means whatsoever, and which information has been compiled due to the employee's employment status with the employer.”

There are 12 House sponsors, including lead sponsor Del. Barbara E. Fleishchauer, D-Monongalia. Referred House Political Subdivisions Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2461%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to counseling students regarding sex education

 

House Bill 2538. Proposed §18A-2-14 would allow state Board of Education employees and county boards to educate, counsel or assist “any student” who seeks information regarding sex education, social expectations or birth control.

The pertinent language reads:

• Upon the request of any student, or when it appears to be in the best interest of the student, any person employed by, compensated by or providing any services for the state board or any county board may educate, explain, counsel or assist a student regarding basic sex education, social expectations and roles of men and women, and birth control methods, including abstinence, medications, devices and abortion.

Confidentiality

• Any information exchanged between a student and school employee shall remain confidential, and no person may be compelled to disclose any information given in such confidence: Provided, That if a school employee believes that the student has been the victim of a crime or any form of abuse, the employee may notify the appropriate authorities without being held in violation of this section.
  

There are three House sponsors, including lead sponsor Del. Hatfield. Introduced Jan. 25. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2538%20intr.htm

 

 

School Students

 

DHHR would be required to develop treatment facilities for children with special needs

 

Senate Bill 167. Proposed §49-4-9 would require the state Department of Health and Human Resources to reduce expenditures dedicated to the treatment of children with special needs in out-of-state facilities by 25 percent annually starting on July 1.

Additionally, the bill states: “Beginning at that time, the department shall dedicate the 25 percent of funds so diverted from out-of-state treatment to the development of in-state treatment facilities and in-house treatment programs, (based on legislative rules that effectuate the proposed legislation).”

Findings

There are several findings, including the following statements:

1. (A) significant portion of West Virginia children with special care needs receive treatment under the provisions of this article in out-of-state health care facilities, many times preventing close family members from participating in the treatment process;
   
2. Children respond better in treatment when their families can be involved in the treatment process; and
3. This state is in need of developing more treatment facilities for children with special needs in-state as well as more in-house treatment programs.
   

Sponsored by Sen. Jon Blair Hunter, D-Monongalia. Introduced Jan. 22. 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/sb167%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

West Viriginia Board of Education

 

Bill would create pilot program for school uniforms

 

Senate Bill 165. Proposed §18-2-35a would require the state Board of Education to create a pilot program to provide funding for public elementary schools instituting school uniform policies.

The funding would be for the first 10 elementary schools opting to institute school uniform policies as outlined in the bill.

$250,000

In order to fund the legislation, lawmakers would allocate $250,000 to the state Board of Education for funding the initiative.

School faculty senates would be required to “control and expend funds allocated to the school from the (WVBE). These funds may be expended: to improve school safety; to purchase school uniforms, academic materials, computers and technology, supplies or equipment; to refurbish school playgrounds; to enhance student behavior; to increase academic achievement; to improve self-esteem and to address the problems of students at-risk. Expenditures shall be made upon recommendation from local school improvement councils, and must be approved by school principals.”

There are three Senate sponsors, including Sen. Mike Oliverio, D-Monongalia. Introduced Jan. 22. Referred to the Senate Education Committee, the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb165%20intr.htmSimilar proposals have been introduced/considered in previous legislative sessions.

 

West Virginia Performance Review Act is rewritten

 

Senate Bill 187. This 19-page bill essentially rewrites sections of statute dealing with performance reviews of state agencies, departments, divisions and regulatory boards.

Once reviews are completed, recommendations are made as to how well agencies are completing their statutory or stated missions and goals.

Once the reviews are completed, agencies may be “continued” for another year or several years before another audit is to be completed.

As stated in the legislation, “By establishing a process for the objective review of state agencies and regulatory boards, their programs, functions and activities, the Legislature may evaluate the need for their continued existence, consolidation or termination, and improve government efficiency, effectiveness, and accountability.”

Definition

In the bill’s definition section, agency is defined as ” state governmental entity, including any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity in the State of West Virginia.”

Presentation

Given this definition and other references in the proposed legislation, the state Department of Education is to make a “presentation” to the Joint Committee on Government Operations, a 15-member group (10 legislators and 5 citizen members) in July.

Based on provisions in the proposed legislation, agencies, including the WVDE, would make a written presentation including the following components:

1. A departmental chart designating each agency under the purview of the department;
2. An analysis of the department's internal performance measures and self-assessment systems; and
3. For each agency under the purview of the department, the following:
(A) The mission, goals and functions of the agency;
(B) The statutory or other legal authority under which the agency operates;
(C) The number of employees of the agency for the immediate past ten years;
(D) The budget for the agency for the immediate past ten years;
(E) Any potential or actual loss of revenue due to operations, changes in law or any other reason;
(F) The extent to which the agency has operated in the public interest;
(G) The extent to which the agency has complied with state personnel practices, including affirmative action requirements;
(H) The extent to which the agency has encouraged public participation in the making of its rules and decisions, and has encouraged interested persons to report to it on the impact of its rules and decisions on the effectiveness, economy and availability of services that it has provided;
(I) The efficiency with which public inquiries or complaints regarding the activities of the agency have been processed and resolved;
(J) The extent to which statutory, regulatory, budgeting or other changes are necessary to enable the agency to better serve the interests of the public and to comply with the factors enumerated in this subsection;
(K) A recommendation as to whether the agency should be continued, consolidated or terminated

Agency review

            Agency reviews also would be conducted and are to include the following components, namely:

The agency review shall include, but is not limited to:

1. An identification and description of the agency under review;
2. The number of employees of the agency for the immediate past ten years;
3. The budget for the agency for the immediate past ten years;
4. Whether the agency is effectively and efficiently carrying out its statutory duties or legal authority;
5. Whether the activities of the agency duplicate or overlap with those of other agencies, and if so, how these activities could be consolidated;
6. A cost-benefit analysis, as described in subsection (d) of this section, on state services that are privatized or contemplated to be privatized;
7. An analysis of the extent to which agency Web sites are accurate, updated, and user-friendly;
8. An assessment of the utilization of information technology systems within the agency, including interagency and interagency communications;
9. An analysis of any issues raised by the presentation made by the department pursuant to the provisions of this article;
10. An analysis of any other issues as the committee or the Joint Standing Committee may direct; and

Once this review is completed, the Legislature’s Joint Committee on Government and Finance may vote on whether the agency under review should be continued, consolidated or terminated.

The WVDE’s agency review would occur in 2009.

There are numerous other provisions.

There are six Senate sponsors, including lead sponsor Sen. Ed Bowman, D-Hancock. Introduced Jan. 24. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb187%20intr.htm

 

Course in firearms safety would be required

 

Senate Bill 200. Revised §18-2-8a would require the state Board of Education to prescribe an orientation program in firearms and firearms safety in the public schools of this state with the advice of the Division of Natural Resources.

County schools superintendents would arrange for the orientation program in the safety of firearms and its use in “each school in the county.”

There are five sponsors, including lead sponsor Sen. Bailey. Introduced Jan. 24. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb200%20intr.htm

The House companion measure is House Bill 2529. There are eight House sponsors, including lead sponsor Del.  Hatfield. Introduced Jan. 25. Referred to he House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2529%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Areas could be designated as “School Choice Zones”

 

House Bill 2489. Proposed §18-5-16 would allow the state superintendent of schools to designate some geographical areas as “School Choice Zones” which would enable students residing in the designated area of a county to attend school in a neighboring county if they opt for that selection.

The proposed amendment states in part, “(when)multiple appeals are received -from the same geographical area of a county, the state superintendent may designate that geographical area a school choice zone, and any student residing in the school choice zone may transfer from the sending county to the receiving county if the student wishes.”

Language would be stricken which would require the “receiving county to accept all students in that geographical area of the sending county who wish to transfer to the receiving county.”

Other proposed bill language states that if “a student transfers to a receiving county after his or her area of residence has been designated a school choice zone, the student shall be counted in the net enrollment of the receiving county.”

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 24. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2489%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Higher Education Generally

 

Tax deduction would apply for student loans and automobile interest

 

Senate Bill 215. Proposed §11-21-12h would provide a tax deduction on interest paid on student loans and automobile loans.

Sponsored by Sen. Bailey. Introduced Jan. 25. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb215%20intr.htm

 

Tuition waivers proposed for children/spouses of National Guard killed in line of duty

 

Senate Bill 332. Proposed revisions to §18B-10-7 would grant tuition waivers to the children and spouses of National Guard and active military duty personnel killed in the line of duty.

Other similar measures have been introduced.

Sponsored by Sen. John Unger, D-Berkeley. Introduced Jan. 26. Referred to the Senate Education Committee, then Senate Finance Committee,
http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb332%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to transfer of property for research and development

 

House Bill 2453. Proposed revisions to §18B-12-10 would provide that the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes includes housing projects.

Sponsored by Dels. John Pino and David Perry, both D-Fayette. Introduced Jan. 23. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2453%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Institute for Increased Postsecondary Education would be established

 

House Bill 2556. Proposed §18-19-1 et. seq. would establish the Institute for Increased Postsecondary Education Participation.

The bill has a section relating to several legislative findings, including statements relating to West Virginia having one of the lowest rates of high school graduates attending college “immediately upon graduation from high school.”

Findings also relate to the number of West Virginia adults who have a post-secondary education as also being “one of the lowest in the United States” as is the percentage of state residents who pursue community college education or workforce training.

A final finding states that “the ability of West Virginia to attract good-paying jobs and stimulate economic growth is dependent in part on the overall education of the  workforce.”

There are several other similar findings and the concluding statement that “…there exists no comprehensive program or strategy to address the problems cited (above).”

Institute’s roles/duties

Part of the Institute’s duties would be to determine reasons for the findings alluded to above and to “cause research to be conducted to address the findings…(as well as) study strategies for increasing postsecondary education participation (and to) implement efficient strategies for increasing postsecondary education participation.”

The management and control of the institute, its property, operations, business and affairs is vested in a board of nine members. They would include:

• The chancellor for higher education or the chancellor's designee.
• The Secretary of the Department of Education and the Arts or the secretary's designee.
• The State Superintendent of Schools or the superintendent's designee.
• Six members shall be appointed by the Governor, with the advice and consent of the Senate.

The legislation itemizes members’ terms and Institute operations. All appointees must be state citizens.

Primary purposes

As stated earlier, the primary duty of the institute is to increase postsecondary education participation among West Virginia citizens. To accomplish that goal, the institution would:

1. Cause research to be conducted determining why postsecondary participation in West Virginia is low;
2. Where appropriate, research strategies used in other states to increase postsecondary participation; and
3. Develop strategies, based upon the research, to increase the rate of postsecondary participation in West Virginia.

Institute officials would submit a report to the Legislative Oversight Commission on Education Accountability by Dec. 1, detailing the results of its research and the strategies it develops. The report would include estimates of the costs of any actions recommended by the institute.

Employ staff

The Institute could employ staff, enter into contracts with “any person, agency, governmental department, firm or corporation, including both public and private corporations, and generally to do any and all things necessary or convenient for carrying out the purposes of (the statute), including applying for grants and to employ consultants.

Members would receive no compensation for serving as on the Institute’s board.

The statute creating the Institute is to be “liberally construed.”

There are several other provisions.

The Institute would be “sunsetted” July 1, 2008, unless continued upon  a vote by the Legislature.

Sponsored by Del. Doyle. Introduced Jan. 26. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2556%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Consolidated Public Retirement Board

 

Public Employees Insurance Agency (PEIA)

 

House Bill 2523. Proposed §5-10D-9 would codify existing practice by establishing the day of the month (the 25th except in December when payments would be made on the 18th of the month) annuities would be paid to retireants enrolled in plans administered by the Consolidation Retirement Board.

There are seven House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha.

Introduced Jan. 24. 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/hb2523%20intr.htm

Also refer to the companion measure, Senate Bill 104.

 

Public Employees Insurance Agency (PEIA)

 

Measure concerns Medicare Advantage Program

 

Senate Bill 209.  Proposed revisions to  §5-16-5 would require the PEIA Finance Board to assume responsibility for medical and prescription coverage of retirees in the event any Medicare Advantage Program contract is not renewed or is otherwise terminated.

Sponsored by Sen. Hunter. Introduced Jan. 25. 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/sb209%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to PEIA “excess funds”

 

House Bill 2353. 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 House Speaker Rick Thompson, D-Wayne, and Tim Armstead, R-Kanawha (at request of the governor).
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

There is a companion Senate measure. 

 

Teacher's Retirement System

 

Bills would provide supplemental benefits to some retirees

 

Senate Bill 202. Proposed §18-7A-26u would provide a cost-of-living increase for the 2007 and 2008 years to Teachers' Retirement System annuitants who are receiving disability annuities and who have been retired for at least five years or retirees who are at least age 62 and who have been retired for five years.

The supplement is equal to the percentage increase in the Consumer Price Index or three percent, whichever is less, multiplied by the first $18,000 of the retiree's annual annuity.

The supplemental benefit is restricted to 2007 and 2008.

There are eight Senate sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 24. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb202%20intr.htm

Also refer to House Bill 2400. There are four House sponsors, including lead sponsor Del. Dale Martin, D-Putnam. Introduced Jan. 22. 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/hb2400%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

‘One-time’ supplement

House Bill 2502 would provide a one-time supplement to retirees who have been retired for five consecutive years.

The TRS (and Public Employees Retirement System) supplementswould equal five percent of the retirees’ annuity benefit up to $30,000.
The supplement would be provided to survivor beneficiaries receiving benefits prior to the bill’s passage.

The supplement would remain as part of the “annuitant’s future benefits,” and is subject to federal Internal Revenue Service laws and regulations.

As noted, the also affects Public Employees Retirement System members.

The proposed new section is §18-7A-26u.

There are 10 sponsors, including lead sponsor Del. Marshall. Introduced Jan. 24. 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/hb2502%20intr.htm

Also refer to Senate Bill 211. Its provisions would provide a one-time three percent supplement to all TRS and PERS annuitants once they reach age 70.

The supplement also applies to beneficiaries of deceased members who have been receiving benefits from either retirement system.
Again, IRS regulations apply as to taxation.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 25. Referred to the Senate Pensions Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb211%20intr.htm

 

Employers would have to provide information regarding TRS contributions

 

House Bill 2521. 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.”

There are seven House sponsors, including lead sponsor Del. Spencer. Introduced Jan. 24. 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/hb2521%20intr.htm

The companion measure is Senate Bill 134. Similar proposals have been introduced/considered in previous legislative sessions.

 

Public Employees Retirement System

 

Bill would make several changes regarding PERS retirees who are disabled

Senate Bill 166. Proposed revisions to §5-10-26, -44 and -54 would remove the requirement that an employee no longer disabled must be returned to his or her former job.

Among other bill provisions, the measure would permit administrative hearings before disability retirement termination. It also allows the PERS Board to terminate not only early retirement benefits but also regular or disability retirement benefits of someone who has fraudulently obtained them, and may act to recover benefits gained by misrepresentation.

Various penalties are provided.

There are several other bill provisions.

Sponsored by Sens. Foster and Brooks McCabe, D-Kanawha. Introduced Jan. 22. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb166%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

The companion House measure is House Bill 2524. There are six House sponsors, including lead sponsor Del. Spencer. Introduced Jan. 24. Referred to the House Pensions and Retirement Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2524%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

U.S. armed forces would be credited toward PERS retirement

 

Senate Bill 212. Proposed revisions to §5-10-15 would allow up to five years’ service in the United States Armed Forces up to be credited service toward retirement for members of the Public Employees Retirement System.

Sponsored by Sen. Prezioso. Introduced Jan. 25. Referred to the Senate Military Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb212%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Pre-retirement death benefit could be received in lump sum payments

 

House Bill 2387. Proposed revisions to §5-10-27 would 1) Remove the ability of a member to choose a beneficiary who has an insurable interest, other than his or her spouse or disabled dependent child, to receive an annuity; and 2) allow a member or former member to choose to have the pre-retirement death benefit paid in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
There are four House sponsors, including lead sponsor Del. Stalnaker. Introduced Jan. 22. 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/hb2387%20intr.htm

 

Bill would increase PERS multiplier; Provisions also relate to legislators

 

House Bill 2456. Proposed revisions to §5-10-22 would  increase the multiplier for a retirement annuity in the public employees retirement system from 2.0 percent to 2.5 percent of the retirees’ final average salary multiplied by the number of years of credited service in force at the time of a PERS member’s service.

There are other provisions.

Sponsored by Del. Caputo. Introduced Jan.23. 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/hb2456%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would increase the existing limit on post-retirement employment

 

House Bill 2566. Proposed revisions to §5-10-48 would increase from $15,000 to $20,000 the limit on PERS members’ post retirement employment.

There are seven House sponsors, including lead sponsor Del. Perry. Introduced Jan. 26. 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/hb2566%20intr.htm

 

EDUCATION-RELATED

Child Welfare

 

Bill would create office of Family and Foster Child Protection Ombudsman

 

Senate Bill 195. Proposed §49-6F-1 et. seq. would create the Office of Family and Foster Child Protection Ombudsman.

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

The ombudsman would be required to investigate and monitor the Department of Health and Human Resources, Division of Child Protective Services (CPS).
These are among the powers and duties of the ombudsman, namely to:

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

   Mandamus
   

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

The ombudsman would be appointed by the governor.

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

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

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

Sponsored by Sen. Hunter. Introduced Jan. 24. 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/sb195%20intr.htm

 

Several bills deal with child support

House Bill 2421. Proposed revisions to §48-11-105 would ensure that a non-custodial parent’s college attendance could not be used as grounds to modify a child support order.

There are three House sponsors, including lead sponsor Del. Brown. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2421%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Modifications in child support

House Bill 2477. Under terms of this legislation, the definition of "substantial change in circumstances" – as used for modification of child support – would be defined as either a 15 percent change or a $75 change in support, whichever is less.

There are three House sponsors, including lead sponsor Del. Kominar. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2477%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Education-related expenses

House Bill 2486 would include education-related child care expenses in the child support calculation.

There are other provisions.

There are three House sponsors, including lead sponsor Del. Kominar. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2486%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Exclusions to child support

House Bill 2509 would exclude certain expenses such as professional organization dues, union dues, professional licensure and certification fees, as well as fees for mandatory continuing education to maintain professional licensure, and fees for enrollment, training or certification in apprenticeship or journeyman programs from the definition of gross income as used in calculating child support.

The measure is sponsored by Del. Patti Eagloski Schoen, R-Putnam, and Caputo. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2509%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Letter would be required for DHHR visits to children at school

 

House Bill 2508. Proposed revisions to §49-6A-9a would require a letter of explanation from the Department of Health and Human Resources to be provided to parents whose children are contacted at school for purposes of investigating reports of abuse or neglect.

Sponsored by Dels. Randy Swartzmiller, D-Hancock, and Virginia Mahan, D-Summers. Introduced Jan. 24. 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/hb2508%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Child advocacy center legislation proposed

 

House Bill 2537. Proposed §7-1-300 would allow county commission and a municipality (or any combination of county commissions and municipalities) to establish  “Child  Advocacy Centers" which would be used for the purpose of  “development and management of safe and appropriate facilities for multidisciplinary interviews of children who are suspected of being or alleged to have been abused or neglected.”

Each authority would be governed by an 11-member board appointed by the participating local governments as “agreed between the participating governmental entities or if a single entity as set out in the ordinance creating the authority.”

The bill has sections relating to authority meetings and functions, their organizational meetings, powers and duties.

Authorities are provided statutory sanction to acquire grants and other such funds to further their mission and goals.

Contracts

The authorities also may enter into various type contracts to  “carry out the purposes of this section with any person, public corporation, state or any agency or political subdivision thereof and the federal government and any department or agency thereof, including, without limitation, contracts and agreements for the joint use of any property and rights by the authority and any person or authority operating any system, whether within or without the jurisdictional limits of the authorizing entities establishing the authority, and contracts and agreements with any person or authority for the maintenance, servicing, storage, operation or use of any system or part thereof, facility or equipment on such basis as shall seem proper to its board.”;

Contributions to an authority would be deductible charitable contributions.

Authorities would be responsible for providing a “facility permitting the interview and treatment of child victims of physical and sexual abuse at one location and at one time by involved multidisciplinary representatives of health care organizations, child protective services, law enforcement and the courts.”

There are other provisions.

There are five House sponsors, including lead sponsor Del. Doyle. Introduced Jan. 25. 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/hb2537%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

New-born screenings would include tests recommended by the March of Dimes and the American Academy of Pediatrics

 

House Bill 2583. Proposed revisions to §16-22-3 would expand newborn screening  from the current eight required tests to all 29 newborn screenings recommended by the March of Dimes and the American Academy of Pediatrics.

Tests would be phased in over a two year period.

Battery of tests

The entire battery of tests would include the following as outlined in the proposed legislation:
sickle cell anemia, congenital adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, isovaleric acidemia, glutaric acidemia type I, 3-Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency, methylmalonic acidemia-mutase deficiency form, 3-methylcrotonyl-CoA carboxylase deficiency, methylmalonic acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase deficiency, medium-chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydronenase deficiency, long-chain acyl-CoA dehydronenase deficiency, trifunctional protein deficiency, carnitine uptake defeat, maple syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease and hearing deficiency.

There are five House sponsors, including lead sponsor Del. Hatfield. Introduced Jan. 26. 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/hb2583%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Crimes

 

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

 

House Bill 2426. Proposed revisions to §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.

There are six House sponsors, including lead sponsor Del. Overington. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2426%20intr.htm

The companion measure is Senate Bill 80. Similar proposals have been introduced/considered in previous legislative sessions.

Measures concerning clandestine drug laboratories

Senate Bill 175. This rather extensive bill would authorize the Department of Health and Human Resources to promulgate legislative rules regulating the remediation, certification, licensing and property owner disclosure requirements for clandestine drug laboratories.
The proposed legislation lists the responsibilities of the department, law enforcement and property owners and provides immunity to property owners who successfully remediate clandestine drug laboratories.

Additionally, the bill provides liability for the costs of remediation of a clandestine drug laboratory.

Sponsored by Sen. Prezioso. Introduced Jan. 23. Referred to the Senate Government Organization Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb175%20intr.htm

Registry

House Bill 2465 would create a registry of persons convicted of operating a clandestine drug laboratory. The proposal includes provisions designating certain information to be contained on the registry, including the following information:

1. The convicted person's full name;
   
2. Sufficient information to identify the convicted person, including date of birth, social security number and fingerprints, if available;
   
3. Identification of the criminal offense to the extent the date of conviction, the county of conviction and the particular drug for which the person was convicted of manufacturing or attempting to manufacture is provided;
   
4. Whether children were present during the time the convicted person operated or attempted to operate the clandestine drug laboratory; and
   
5. Any statement by the individual disputing the conviction, if he or she chooses to make and file one.
   

The bill would direct the;Criminal Identification Bureau of the State Police to create a Web site using descriptive terms for the public to access relative to the information in the registry.

There are other provisions.

Sponsored by Del. Spencer and Del. Jeff Eldridge, D-Lincoln. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2465%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

No open alcohol container in passenger area of vehicle

 

House Bill 2379. Proposed §17C-5-1 et. seq. would prohibit the consumption of an alcoholic beverage as well as the possession of an open alcoholic beverage container in a motor vehicle.

According to the Bill Title, this provision is required by federal law.

Sponsored by Del. William Stemple, D-Calhoun. Introduced Jan. 22. Referred to the House Roads and Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2379%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Scanner technology

House Bill 2473 would provide a defense to licensees civilly or criminally charged with selling alcoholic liquors, nonintoxicating beer or wine to minors when the licensees have responsibly used scanner technology to verify age.

There are three House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2473%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to impersonation of public official

 

House Bill 2402. Proposed revisions to §61-5-27a would establish that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship.
There are three House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Jan. 22. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2402%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.
           

“Right to Work” measure introduced

 

House Bill 2408. Proposed §21-11B-1 et. seq. would create the “West Virginia Right To Work Law.”

The bill would prohibit employers and labor unions from requiring employees to become or remain members of labor unions as a condition of employment, according to the Bill Note.

There are five House sponsors, including lead sponsor Del. Overington. Introduced Jan. 22. 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/hb2408%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns false bomb or explosive threats

 

House Bill 2469. Proposed amendments to §61-6-17 would  increase the criminal fines for conviction of the crime of making a false bomb threat and to provide that a minor accused of making a false bomb threat shall be tried as an adult.

Fines for conviction of making a false bomb threat would range from $1,000 to $5,000 (currently $100 to $500) and up to three years in prison.

Sponsored by Dels. Jeffrey Tansill, R-Taylor and Corey Palumbo, D-Kanawha. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2469%20intr.htm

 

Clergy confidentiality privilege would be removed as relating to abuse

 

House Bill 2494. Proposed revisions to §57-3-9 would remove the confidentiality privilege in communications to clergy when the communication involves sexual abuse of a minor child, unless the communication was made as a recognized, privileged confession.

There are three House sponsors, including Del. Brown. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2494%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill concerns enhanced penalties for indecent exposure if the victim is a child

 

House Bill 2498. Proposed revisions to §61-8-9 would create an enhanced penalty for indecent exposure where the victim is less than 14 years of age and the exposure is done for the purpose of sexual gratification.

Additionally, the measure expands the definition of sexual contact to include the touching of the buttocks.

Those convicted of violating the statute would be guilty of a misdemeanor. They would face a $500 fine or a years’ jail sentence, or both.
For a second offense, the person would be guilty of a felony, subject to a possible $1,000 fine and up  to one-three years’ imprisonment.
For a third or subsequent offense, the person would be guilty of a felony and could face a $3,000 fine and up to five years in prison.

Sponsored by Dels. Tom Azinger, D-Wood, and Kevin Craig, D-Cabell. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2498%20intr.htm

 

Bill concerns controlled substances delivered on school property

 

House Bill 2565. Proposed §60A-1-101 would prohibit the delivery or distribution of illegal drugs to students in and around the schools of the state, which includes drugs that are not listed as a statutorily-defined controlled substance.

The bill also establishes the offense of delivery of drugs as a criminal offense when taking place on or near a school.

There eight House sponsors, including lead sponsor Del. Larry W. Barker, D-Boone. Introduced Jan. 26. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2565%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Elections

 

Bill relates to disclosure requirements for political advertisements

 

House Bill 2432. Proposed §3-8A-1 et. seq. set up procedures relating to disclosure requirements for political campaign advertisements – both electronic and print media.

Various procedures are outlined as to how a candidate can find legal relief when persons, including other candidates, violate the statutory provisions – one remedy of such would be monetary awards for damages.

There are three House sponsors, including lead sponsor Del. Hatfield. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2432%20intr.htm

 

Convicted felons could not vote

 

House Bill 2468. Proposed revisions to §3-1-3 would prohibit anyone convicted of a felony from voting in a state election.

There are three House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced Jan. 24. Referred to the House Judiciary Committee,  http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2468%20intr.htm

 

Measure relates to temporary campaign signs along highway rights-of-way

House Bill 2567. Proposed §3-8-5g would allow a political candidate to place temporary campaign signs within highway rights-of-way in a candidate’s “political district.”

There are five House sponsors, including lead sponsor Del. Robert A. Schadler, R-Mineral. Introduced Jan. 26. Referred to the House Roads and  Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2567%20intr.htm

 

Governmental Entities

 

Measure relates to state purchasing card program

 

Senate Bill 203. This bill has several sections. Its main purpose is to create the purchasing improvement fund to receive a share of the rebates received from purchasing card vendors and to authorize the use of purchasing cards for regular routine payments, travel and emergency purchases, and cash advances for travel purchases.

Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Minority Leader Don Caruth, R-Mercer (at the request of the governor). Introduced Jan. 24. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb203%20intr.htm

The House companion measure is House Bill 2549. It, too, is sponsored by the House Speaker and House Minority Leader at request of the governor. Introduced Jan. 25. 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/hb2549%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to venue for suits

 

House Bill 2355. Proposed revisions to §14-2-2 would allow actions in which the state is a party to be brought in the county which is affected or related to the legal controversy.

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

 

Public employee collective bargaining act introduced

 

House Bill 2433. This 37-page bill would establish the state Public Employment Relations Act – essentially a collective bargaining statute.

Under the bill’s definitions section, county board would be required to bargain with employees as would “public and quasi-public corporations,” although that term is not defined.

The PERA would be implemented by a three-member board comprised of representatives of public employers, public employees and a citizen representative.

PERB operations

The bill has extensive procedures detailing PERB operations, terms of office, filling of vacancies, staffing, organizational meeting, and various Board powers and duties, including the ability to issue subpoenas, conduct research relative to employer-employee relations in the state, and considerable rule-making latitude.

The legislation gives employees the right to “to organize, form, join or assist in employee organizations and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection and to bargain collectively through representatives of their own free choice without interference, restraint or coercion.

“Employees also have the right to refrain from these activities, except to the extent that the rights may be effected by agreements between the public employer and a labor organization which is the exclusive bargaining representative requiring, as a condition of employment, the payment of a service fee in lieu of, and in an amount not greater than, dues which are payable by members of the labor organization, to cover such costs as collective bargaining and contract administration…”

Exclusive bargaining representative

Other bill provisions relate to employee choice of an exclusive bargaining representative which the employer must “…recognize and bargain with,” including “bargaining units that existed prior to (Jan. 1, 2008)…”

In terms of the scope of bargaining, employers and the exclusive bargaining representative are required to bargain over the following:

“…any matter with respect to wages, hours and terms and conditions of employment and other issues agreed to by the parties…”

Public employers

Public 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 employer;
   
2. Standards for services provided by the public employer;
   
3. Organizational structure of the public employer;
   
4. The ability to recruit, hire and retain employees, direct the work of employees and discipline and discharge employees for just cause; and
   
5. The preparation and administration of the public employer's budget: Provided, That the impact of the exercise of these management rights on public employees shall be a proper subject of collective bargaining.
   

All bargained agreements would have to be reduced to writing.

Arbitration is required for impasses.

Bargained costs

Costs would be “subject to the approval by the appropriate legislative or governing bodies, with state employees who bargain with a state agency to begin bargaining at least 130 days prior to the impending legislative session, with negotiations to be completed 10 days prior to the session.

In terms of costs, employers “shall fully support the passage of any negotiated cost items by every reasonable means before the State Legislature or other legislative body.

“All cost items submitted to the Legislature, or other legislative body, under this section shall become effective, and shall be considered approved, unless rejected by formal action of the body, within 21 days of submission.

“ If the appropriate legislative body is not in session at the time a negotiated agreement has been reached by both parties, or a final and binding arbitration decision has been rendered…the cost items shall be submitted to the Legislature or other appropriate legislative body within fourteen days after it next convenes.’

Under terms of the legislation, nothing in statute would “permit a public employer to reject cost items in an agreement that has been approved by the Legislature or other legislative body…”

Strikes

The legislation prohibits strikes “at any time.”

If strikes were to occur, “the labor organization conducting the strike shall be fined an amount reasonable and necessary to end the strike” if such is deemed contempt.

The bill has numerous other sections which relate to prohibited practices, payroll deductions, financial reportage to employees who are members of the exclusive bargaining unit and a listing which is to be made of employee organizations and exclusive bargaining representatives.

Bargained agreements take precedence over current law or practice, and the statute is to be “liberally construed.”

There are numerous other sections.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 23, Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2433%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Standards would be set for state employees’ Internet usage

 

House Bill 2434. Proposed §5A-1-12 would require the Secretary of Administration to propose a legislative rule implementing public employee “acceptable use standards for the Internet.”

There are four House sponsors, including lead sponsor Del. Marshall Long, D-Mercer. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2434%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

State Energy Coordinator Office Proposed

House Bill 2446. Proposed §5-1F-1 et. seq. would establish the office of State Energy Coordinator.
            The office would have the following powers and duties, namely to:

1. Develop and implement plans and programs for promoting the state's energy resources, regionally, nationally and internationally;
   
2. Establish working relationships and lines of communication with and between the energy industries, the Public Energy Authority, the Department of Environmental Protection, the Public Service Commission, the West Virginia Development Office, state representatives to the Southern States Energy Board, state colleges and universities, federal energy agencies and any other entities that will enhance the gathering of knowledge and planning capabilities for development of energy resources and technologies in the state;
   
3. Pursue the development of new energy production projects and utilization of new energy technologies in the state;
   
4. Recommend to the governor policies and programs that will enhance the development and utilization of the state's energy resources and technologies; and
   
5. Perform other duties as assigned by the governor.

The state Energy Coordinator would be able to employ personnel.

He or she would report annually to the Legislature’s Joint Committee on Government and Finance on “activities of his or her office.”

Sponsored by Del. Kevin J. Craig, D-Cabell. Introduced Jan. 23. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2446%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Bills relate to floods and flooding

 

Public Land Corporation would be able to condemn abandoned structures

 

House Bill 2483. Proposed revisions to §20-1A-3 would allow the Public Land Corporation to “condemn by right of eminent domain…any structure, including, but not limited to, culverts, pipes, bridges, railroad trestles and low water crossings located in a streambed of the state, which was granted a right of entry by the public land corporation, upon a finding that the structure is abandoned, that the structure obstructs, inhibits or otherwise alters the flow of the watercourse and causes or increases the likelihood of flooding or streambed erosion, or causes accumulation of materials behind the structure that alters or otherwise inhibits the flow and direction of the watercourse.

Structures that have been placed in a streambed without the required right of entry into the streambed from the PLC o structures that vary from the structure which was granted a right of entry, would be removed at the owner's expense upon request of the PLC.

Any such structure which is not removed within a reasonable amount of time by the owner would be removed by the PLC at the owner's expense, with the PLC given authority to use any “lawful means necessary to collect reimbursement from the owner.”

There are other provisions.

There are five House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2483%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Manufactured Housing in flood plain to be ‘properly secured’

House Bill 2484. This intent of this legislation, which amends §21-9-4, -12, is to require manufactured housing, fuel oil and propane tanks and other items to be properly secured when in flood plain.

There are various other provisions.

There are five House sponsors, including lead sponsor Del. DeLong. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2484%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

House Bill 2485 is a related measure. It would require flood plain management plans to prohibit or regulate placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards.

It also would require local governments to establish penalties for violations of flood plain management plans.

A final provision authorizes the State Conservation Agency (under auspices of the state Department of Agriculture) to remove debris and other impediments during flood emergencies.

There are five House sponsors, including lead sponsor Del. DeLong. Introduced Jan. 24. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2485%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would establish Office of Administrative Hearings

 

House Bill 2555. Proposed §29A-8-1 et. seq. would create an office of Administrative Hearings in the Department of Administration which would operate within the executive branch of state government.

Under terms of the bill, “agency" or "administrative agency" would mean any “administrative unit of state government, including any authority, board, bureau, commission, committee, division, section or office authorized by law to conduct adjudicatory proceedings, except those in the legislative or judicial branches and the office of the Governor.”

Chief administrative law judge

The office would have a chief administrative law judge or chief judge.

The bill also would create a seven-member Administrative Law Commission who would recommend the administrative law judge who would oversee several hearing examiners.

All functions performed prior to June 30 by administrative law judges, hearing officers or other persons previously utilized by the agencies would be transferred to the office of administrative hearings.

The proposal would  not affect any proceeding before any agency or component of an agency which is pending at the time the legislation becomes effective.

State agency cooperation

Other bill provisions require cooperation of state agencies with the Commission, confidentiality considerations regarding information and records furnished to the Commission, and powers of adjudicators relative to hearings.

There are numerous other provisions.

There are five House sponsors, including lead sponsor Del. DeLong. Introduced Jan. 26. 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/hb2555%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Surplus computers could be donated to schools

 

House Bill 2558. Proposed §5A-6-9 would permit donation and transfer of personal computers and other information systems to county boards when these commodities are being disposed of by state agencies.

There are nine House sponsors, including lead sponsor Del. Campbell. Introduced Jan. 26. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2558%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Juveniles

 

Bill relates to taking juveniles into custody

 

Senate Bill 196. Revised §49-5-8 would clarify that the law-enforcement agency that takes a juvenile into custody or places a juvenile under arrest is responsible for the juvenile's initial transportation to a juvenile detention center, or other Division of Juvenile Services residential facility.

‘Medical attention’

The bill also specifies that a juvenile detention center, or other Division of Juvenile Services residential facility, is not required to accept a juvenile if the juvenile appears to be in need of medical attention of a degree necessitating treatment by a physician.

These provisions are similar to existing statutory provisions that relate to persons delivered to jails, according to the Bill Note.

There are four House sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 24. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb196%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to Youthful Offender Program

 

Senate Bill 331. Proposed revisions to §25-4-6 would give a circuit judge discretion to impose the original sentence on a youthful offender who has successfully completed a youthful offender training program but who has been charged with committing another crime between his or her release from the youthful offender center and the sentencing hearing.

Sponsored by Sen. Randy White, D-Webster. Introduced Jan. 26. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb331%20intr.htm

 

Magistrate and circuit courts have concurrent jurisdiction regarding minors’ tobacco use laws

 

House Bill 2451. Proposed revisions to §49-5-2 would clarify that magistrate courts have concurrent juvenile jurisdiction with the circuit court with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors. The bill also gives to concurrent juvenile jurisdiction to municipal courts.

There are six House sponsors, including lead sponsor Del. Perry. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2451%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Taxation

 

Consumers Sales Tax

The following bills exempt various items from the Consumers Sales Tax.

 

House Bill 2380 would provide health care providers an exemption from sales tax for purchases of drugs, durable medical goods, mobility enhancing equipment and prosthetic devices to be dispensed upon prescription and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.

Sponsored by Speaker Thompson and Minority Leader Armstead (by request of the governor). Introduced Jan. 22. 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/hb2380%20intr.htm

A related bill, House Bill 2500 would make a sales tax exemption for exempt from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities and to exclude the value of the equipment when determining the value of the vehicle for imposing the vehicle privilege tax.

There are six House sponsors, including lead sponsor Del. Marshall. Introduced Jan. 24. Referred to the House Roads and Transportation Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2500%20intr.htm

House Bill 2382 would exempt funeral-related retail sales from the consumer’s sales tax.

Sponsored by Dels. Stemple and Scott Varner, D-Marshall. Introduced Jan. 22. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2382%20intr.htm

House Bill 2431 would exempt sales of personal property and services associated with the burial of an infant who dies before reaching the age one, including costs of the casket.

There are three House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Jan. 23. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2431%20intr.htm

House Bill 2464 which ostensibly would create the Economic Development Enterprise Zone Act of 2007, would allow businesses in border areas to receive tax exemptions for excise taxes and consumer sales taxes applicable to sales of gasoline, special fuels and food so they will be better situated to compete with businesses closely located in contiguous states.

Sponsored by Dels. White and Eustace Frederick, D-Mercer. Introduced Jan. 24. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2464%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Tax receipts to be used for maintenance of secondary roads

 

House Bill 2584. Proposed revisions to §11-15-3a would dedicate a portion of the receipts from the tax on food products to be distributed equally to each district of the Division of Highways for the maintenance of secondary roads.

There are three House sponsors, including lead sponsor Del. Stan Shaver, D-Preston. Introduced Jan. 26. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2584%20intr.htm

Personal Income Tax

Senate Bill 210, which would amend §11-221-12, is designed to reduce state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes, according to the Bill Note.

Sponsored by Sen. Foster. Introduced Jan. 25. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb210%20intr.htm

House Bill 2559 would increase the homestead exemption for low-income taxpayers who qualify for the homestead exemption for ad valorem property taxation purposes by $10,000.

There are four House sponsors, including lead sponsor Del. Campbell. Introduced Jan. 26. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2559%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Tobacco

 

Bill would prohibit smoking in motor vehicle when someone under age 18 is present

 

Senate Bill 219. Proposed §16-9A-10 would prohibit the use of lit tobacco products in a motor vehicle where individuals under the age 18 are present.

Sponsored by Sen. Prezioso. Introduced Jan. 26. Referred to the Senate Health and Human Resources Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb219%20intr.htm

 

Sales of candy- or fruit-flavored cigarettes would be banned

 

House Bill 2435. Proposed §16-9A-9a would prohibit the sale of candy or fruit-flavored cigarettes in this state.

There are three House sponsors, including lead sponsor Del. Brown. Introduced Jan. 23. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2435%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Briefly

 

Senate Bill 178 would increase the hotel occupancy tax to “not more than six percent…” Also refer to House Bill 2520…Senate Bill 185 would allow for the sale of all or a portion of revenues received under the Master Settlement Agreement to a new state Tobacco Settlement Finance Authority, with dollars used to retire unfunded actuarial liabilities of the Teachers Retirement System and similar agency/retirement fund liabilities…The House companion measure is House Bill 2519...Senate Bill 188 would provide substantial revisions to state regulated professions and practices statutes. Also refer to House Bill 2527. The statute would be known as the “Sunrise review process.”…Senate Bill 191 would require the Division of Rehabilitation Services to visit the residence of a recipient of services from the Ron Yost Personal Assistance Services Fund at least annually…. Senate Bill 193 would prohibit the establishment of methadone treatment programs and clinics in West Virginia except for programs and clinics operated by comprehensive community mental health centers. Also refer to House Bill 2572…
                                                                                                                  
House Bill 2384 would allow legislators and staff who are attorneys to receive one-fourth of their CLE credits for regular session work. The bill also provides that CLE should “never have applied” to those persons who were already admitted to practice law when the requirement was promulgated…House Bill 2389 would attempt to thwart outsourcing projects funded with local moneys…House Bill 2410 would remove the exemption for government employees performing electrical work on government property from having to possess an electrician’s license… House Bill 2411 would prohibit a person convicted of a felony from holding any public office… House Bill 2412 would create the Indigent Defense Commission which would allow public defender organizations to contract with private attorneys, among other bill provisions… House Bill 2438 would require employers to provide health insurance to employees working on public improvement projects… House Bill 2454 would allow counties and municipalities to regulate placement and location of businesses providing video lottery games or other gambling games…
House Bill 2476 would authorize the Commissioner of the Department of Highways to establish speed limits lower than 25 MPH….

House Bill 2491 would grant meet-and-confer rights to members of fire departments employed by political subdivisions…House Bill 2503 would allow persons who possess a driver’s license to also obtain an identification card…House Bill 2510 would provide a special fund for the Economic Development Authority to address employment and economic development needs of minority populations in West Virginia… …House Bill 2445 is aimed at gradually eliminating the business franchise tax… House Bill 2533 would, among other things, dedicate 66 percent of the tax collected on rental cars to help fund urban and rural mass transportation projects…House Bill 2568 would provide a two-year extension of the sunset provision regarding racial profiling analysis…House Bill 2576, among other things, would require an applicant to pay a fee for each attempt at a written driver’s examination prior to obtaining an instruction permit…

         

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

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

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

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

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

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

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

Vincit omnia veritas
“Truth conquers all”