Jan. 23-27 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced Jan. 23-27, 2006 during the third week of the Second Regular Session of the 77th West Virginia Legislature.

(This listing does not include proposals to enact legislative rules which must be introduced by the 20th day of the session which is Jan. 30. It also does not include carryover bills pertaining to public education. These will be included in a separate issue of The 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 40 bills are reviewed.

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

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

Editor’s Note: Listing is not exhaustive.

 

PUBLIC EDUCATION

County Boards

 

Bill would give veterans’ vendor bidding preferences

Senate Bill 292. Similar to Senate Bill 66, this measure would provide a 2.5% preference “as against a nonveteran resident West Virginia vendor,” providing the preference applies to the extent the resident veteran vendor’s bid does not “exceed the lowest qualified bid from a nonveteran resident vendor by more than (2.5%) of the latter bid…”

The resident veteran bidder would have to certify his or her “veteran status as well as (residency requirements and must make) written claim for the preference at the time the bid was submitted.”

The bill would affect county boards and other state entities in terms of purchasing of printing, commodities and supplies.

The legislation would amend §5A-3-37 and -37a.

There are five Senate sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 26. Referred to Senate Military, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/sb292%20intr.htm

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

 

Bill would increase minimum wage rates effective July 1

House Bill 4085. Proposed revisions to §21-5C-2 would increase the state minimum wage rate to $5.50 per hour, effective July 1.

The rate would increase to $6.15 after Dec. 31, 2007.

If there is an increase in the federal minimum wage rate after that date, the state minimum wage rate is to “increase to equal the federal minimum wage…”

There are other provisions.

For information regarding similar bills, refer to the Jan. 23 issue of The Legislature.

Sponsored by Dels. Linda Longstreth, Michael Caputo, and Tim Manchin, all D-Marion. Introduced Jan. 24. Referred to House Judiciary, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/hb4085%20intr.htm

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

 

Board buses would be exempt from Turnpike toll payment

House Bill 4102. Proposed §17-16A-6a would exempt county board-owned school buses from paying tolls to travel over the West Virginia Turnpike or any West Virginia Parkways Authority Project.

There are 10 House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Jan. 25. Referred to House Finance.

http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/hb4102%20intr.htm

 

School Employees

Salaries, Wages, Benefits

 

Proposal establishes pay for professional certification

Senate Bill 246. Proposed §18A-4-2b would provide a $2,500 salary supplement and expense reimbursements to professional personnel – speech-language pathologists or audiologists and school counselors – who obtain “national board” certification.

The bill states that “recognized professional certification in speech-language pathology or audiology involves a rigorous process of demonstrating both knowledge and skills and results in highly trained and capable employees…(These employees) should be encouraged to achieve and maintain the national board certification through reimbursement of expenses and a salary bonus which reflects their additional certification…”

(Similar language is included for school counselors.)

A third bill provision says that the intent of the legislation is to provide a statewide salary supplement for…professional personnel in the public schools who hold a nationally recognized professional certification in speech-language pathology, audiology or counseling, to treat the professional certification equally, to encourage others to attain such certification and to help school systems with recruitment of these highly qualified professionals.)

 

$2,500 payment

The $2,500 payment would be paid in “monthly installments,” and is to be considered “a part of the state minimum salaries for teachers.”

The national board “pay” would “continue for the life of the certification, or for (10) years or for any one certification, whichever first expires.”

Additionally, employees would receive reimbursement for expenses incurred in
receiving “national board certification.”

The number of persons who would be eligible for “national board certification reimbursement is limited to 120 individuals “annually, (with) the (state Board of Education to) establish selection criteria for the (120 individuals) by legislative rule…”

The bill has additional provisions relating to national board certification reimbursement.

Sponsored by Senate President Earl Ray Tomblin, D-Logan, and 27 additional senators. Introduced Jan. 23. Referred to Senate Education, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/sb246%20intr.htm

The House companion measure is House Bill 4077. There are 11 House sponsors, including lead sponsor Del. Larry A. Williams, D-Preston. Introduced Jan. 24. Referred to House Education, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/hb4077%20intr.htm

 

WVDE would review programs

Also refer to House Bill 4079. That measure also would add a proposed §18A-4-2b which would require the state Department of Education to “determine the quality of (national board) standards and requirements (for personnel) to attain national certification in that profession

“If the standards and requirements are not equivalent to the standards of the (NBPTS), the state Department of Education shall develop standards that are equivalent to those of the national board for which a comparable credential may be obtained through the (WVDE).”

If one were to achieve the “comparable (national board) credentials,” he or she would “(qualify) for the ($2,500)  annual salary supplement and reimbursement.”

The other bill provisions are similar to Senate Bill 246 and House Bill 4077
            Sponsored by Del. Williams. Introduced Jan. 24. Referred to House Education, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_
SESSIONS/RS/BILLS/hb4079%20intr.htm

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

 

Bill would increase FY07 teacher salaries by 6 percent

Senate Bill 283. Proposed revisions to §18A-4-2 would increase teacher salaries by 6 percent, effective in FY07.

Sponsored by Sen. Jon Blair Hunter, D-Monongalia, and John Unger, D-Berkeley. Introduced Jan. 26. Referred to Senate Education, then Senate Finance http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb283%20intr.htm

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

 

Voluntarily-terminated employees to keep seniority

House Bill 4126. Proposed revisions to §18A-4-7b would allow professional employees whose employment with a county board was terminated voluntarily to retain seniority rights for the purpose of seeking reemployment.

These individuals would be included on the county board preferred recall list.

Their reemployment could not be “inconsistent” with §18A-4-7a which relates to professional personnel employment, promotion and transfer.

Sponsored by Speaker Bob Kiss, D-Raleigh. Introduced Jan. 26. Referred to House Education, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4126%20intr.htm

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

 

Public Employees Insurance Agency

 

Retirees’ PEIA premium rate increases held to 5% or less

Senate Bill 267. Proposed revisions to §5-16-5 would prevent the Public Employees Insurance Agency from raising retirees’ premiums more than 5 percent above premium rates in effect on Jan. 1 “until such time as the Legislature enacts a Cost-Of-Living Adjustment for retired employees receiving annuities from public retirement plans administered by the state Consolidated Retirement Board.”

Sponsored by Sen. Hunter and three other senators. Introduced Jan. 25. Referred to Senate Pensions, then Senate Finance Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb267%20intr.htm

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

 

Employees working 30 days fulltime to get PEIA coverage

Senate Bill 288. Proposed revisions to §5-16-2 would allow board employees who work “full time for a period of more than (30) consecutive days…” to receive Public Employees Insurance Agency coverage.

Additionally, the measure would repeal the current 80/20 cost-sharing which requires payment of 20 percent of the aggregate premium by active employees.

A final proposed revision would increase the amount that PEIA can have in its reserves from 15% to 20%.

Sponsored by Sens. Randy White, D-Webster, and Hunter. Introduced Jan. 26. Referred to Senate Education, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb288%20intr.htm

 

“Freeze” on co-pays

House Bill 4103 is a related measure. It would “freeze” the PEIA employer and employee premium cost-sharing at the current level until July 1, 2008.

Sponsored by Del. Larry W. Barker, D-Boone. Introduced Jan. 25. Referred to House Health and Human Resources Committee, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4103%20intr.htm

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

 

State insurance plans could not cover RU-486 treatment

House Bill 4082. Proposed §33-4-21 would prohibit the payment for the abortifacient RU-486 as a benefit under any health insurance plan offered by the state to public employees.

Sponsored by Del. Tom Louisos, D-Fayette. Introduced Jan.

24. Referred to House Health and Human Resources, then House Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4082%20intr.htm

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

 

West Virginia Board of Education

Bill relates to Individual Diabetes Care Plans

House Bill 4081. This legislation, which would the WVBE to adopt and disseminate guidelines for Individual Diabetes Care Plans, is the same as Senate Bill 145. Refer to Issue 2 of The Legislature.

. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4081%20intr.htm

The Senate bill can be found at http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb145%20intr.htm

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

 

Higher Education

Promise would become forgivable student loan

Senate Bill 253. Proposed §18C-7-1 et. seq. would change the Promise scholarship program to the “Promise Forgivable Student Loan Program.”

Under terms of the proposal, repayment of the loan would be deferred while the student is enrolled in a state higher education institution or working in West Virginia following graduation.

One year of the loan would be forgiven for each year the graduate files a state personal income tax return.

Thus, the loan would be forgiven after 4 “such years following graduation.”

Sponsored by Sen. Steve Harrison, R-Kanawha. Introduced Jan. 24. Referred to Senate Education, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb253%20intr.htm

 

‘Dollars for Scholars’

NOTE: This legislation is similar to Senate Bill 103. Refer to Issue 2 of The Legislature which would create the “Dollars for Scholars” student loan program.

http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb103%20intr.htm

 

Teachers Retirement System

Some TRS retirees would not pay state tax on benefits

Senate Bill 238. Proposed revisions to §11-21-12 Teachers Retirement System retirees having retired on or before March 6, 1972, to “who elected…to participate in the full extent of salary in the (TRS) shall be exempted from the payment of state income tax to the extent of the (TRS) benefits received.”

Sponsored by Sen. Roman W. Prezioso, D-Marion, and four other  oduced Jan. 23. Referred to Senate Pensions, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb238%20intr.htm

 

Retirees retiring due to pregnancy would get coverage

House Bill 4115. Revised §18-7A-17 would provide a computation formula for additional TRS service credits for TRS retirees who were forced to resign, take a leave of absence or otherwise be absent from work due to a pregnancy.

There are 11 House sponsors, including Del. Walter Duke, R-Berkeley. Introduced Jan. 26. Referred to House Pensions and Retirement, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4115%20intr.htm

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

 

Education-related

Alcohol

 

Underage drinking would be “unlawful” act; not status offense as now

Senate Bill 277. Proposed revisions to §60-3-22a would make underage consumption of “any alcoholic beverages” an “unlawful act” rather than a status offense as it currently is.

Persons convicted of violating the statute would be guilty of a misdemeanor.

Four Senate sponsors, including lead sponsor Sen. Jeffrey Kessler, D-Marshall. Introduced Jan.26. Referred to Senate Judiciary Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb277%20intr.htm

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

 

Child Welfare

 

“ATV Responsibility Act” introduced; affects minors

Senate Bill 281. Proposed §20-15-1 et. seq. would establish the “ATV Responsibility Act.”

The bill makes specific references to its provisions applying to the “Hatfield-McCoy Regional Recreation Authority” for ATV use on “assigned lands and as authorized and licensed by the Hatfield-McCoy (Authority).”

It outlines various duties for ATV “outfitters or licensees,” including providing protective helmets.

When rented to persons under age 18, ATVs or motorcycles must be “appropriate to the minor’s age and size as recommended by the manufacturer.”

Those under age 18 could not operate an ATV or motorcycle or go on a “guided tour when operated by any person under (age 18) without first obtaining a written tement, signed by the minor’s (parent/guardian)…”

The written statement includes several specifics such as certification that the machine owned and operated by the minor is one recommended by the manufacturer as appropriate to the minor’s age and size.”

Minors under age 16 would have to “remain under supervision of and (in) the sight of the parent/guardian at all times.”

 

Hatfield-McCoy Recreation Area

There are several other provisions, relating to ATV/motorcycle inspections, a requirement that outfitters or licensees have First Aid Training and know CPR, and explanation of rules for governing use of ATVs and motorcycles in the Hatfield-McCoy Recreation Area.

The bill has several sections dealing with the “responsibilities” of ATV and motorcycle riders. They include obeying rules or instruction of outfitters and licensees, being “solely responsible for knowing the range of (one’s) ability to operate and control a particular (ATV) or motorcycle and act within the limits of (one’s) ability,” and risk or legal responsibilities for operating an ATV outside the limits of the “range of his or her own ability to negotiate any slope or trail…”

Additionally, ATV operators or motorcycle operators who are involved in a collision assume legal responsibility and not owners or outfitters.

There are various proposed sections dealing with licensees and outfitters.

There are 12 Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Jan. 26. Referred to Senate Transportation and Infrastructure, then Senate Judiciary.
http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb281%20intr.htm

The House companion bill is House Bill 4119. There are 10 House sponsors, including lead sponsor Del. Sammy Cann, D-Harrison. Introduced Jan. 26. Referred to House Government Organization, then House Judiciary.

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

 

Crimes

 

Parents’ alcohol/drug abuse to be considered child abuse

Senate Bill 236. Proposed revisions to §49-1-3, which include statutory definitions regarding child abuse and neglect, would define “imminent danger to the physical well-being of the child” to include alcohol and substance abuse on the part of the parent or parents.

The proposed statutory language would read, “The abusing parent or parents have habitually abused or are addicted to alcohol, controlled substances or drugs, to the extent that proper parenting skills have been seriously impaired.”

There are seven Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Jan. 23. Referred to Senate Health and Human Resources. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb236%20intr.htm

Note: These provisions are similar to those included in House Bill 4009. Refer to Issue 2 of The Legislature. 

 

Penalties would be increased for ‘violent sex predators’

Senate Bill 276. Amending numerous sections of Code as well as proposed creation of §61-8G-1 et. seq. and §62-11D-1 et. seq., this legislation would increase penalties for sex offenses, including longer jail sentences and “supervised electronic monitoring” for persons convicted of some offenses, including child sexual abuse, various sexual assaults and possession of child pornography.

It also would  require notice to be provided to residents to live within 500 feet of the residence of a convicted sex offender.

These are among other provisions:

• Convicted sex offenders would have to have special driver’s licenses, denoting that they are convicted sex offenders (or a specially-coded nondriver identification card).
• Current convicted sex offenders would be required to surrender their existing driver’s licenses in order to obtain the “coded” driver’s license that the legislation would require.
• The bill establishes criteria for one to be considered as a “sexually violent predator,” namely someone who has been convicted of or charged with a crime of “sexual violence” and who suffers from a “mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.”
• Prior to a sexually the violent predator being released from prison, the agency charged with jurisdiction would be required to contact the county prosecuting attorney with various records and reports, including institutional records, parole board records, records relating to psychological or psychiatric evaluation/treatment, arrest records, and a mental health evaluation.

Crimes committed after 1990

• (The above provisions would apply to crimes having been committed after July 1, 1990.)
• Once these records have been received, the prosecuting attorney may then petition the court for the individual’s commitment to a “secure facility,” with sexually violent predators who are considered to be less dangerous possibly being confined  in a less restrictive setting.
• No sexually violent predator can be released to the community unless he or she agrees to wear a device that is monitored by a Global Positioning System. (The State Police would conduct such monitoring.)

‘Secure Facilities’

• The Department of Health and Human Resources would be responsible for providing secure facilities for persons committed as sexually violent predators.
• Under terms of the bill, a sexually violent predator may be committed for his or her life if he or she does not show “improvement” as determined by the courts.
• The bill affords sexually violent predators various legal rights and remedies, including the right to be represented by counsel at all steps in the process regarding their release from prison and/or confinement.

            There are numerous other provisions.
            According to the Bill Note, the legislation would create “The Protect Our Children Act.”      

There are 13 Senate sponsors, including lead sponsor Sen. Clark Barnes, R-Randolph. Introduced Jan. 25. Referred to Senate Judiciary Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb276%20intr.htm

 

Legislation would create child ombudsman position

Senate Bill 279. Proposed §49-6F-1 et. seq. would establish the Office of Family and Child Protection Ombudsman whose responsibilities would include monitoring the state Department of Health and Human Resources Child Protective Services (CPS) division.

This legislation is similar to Senate Bill 132 which is reviewed in Issue 2 of The Legislature.

There are 12 Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Jan. 26. Referred to Senate Health and Human Resources, then Senate Finance. 

 

Bills would establish crime of “trafficking” of persons

House Bill 4073. Under terms of this bill, a person would commit the crime of trafficking of persons if he or she “recruits, harbors, transports or obtains a person for labor or services through the use of force, fraud or coercion for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, slavery, marriage, adoption or sexual conduct…”

One also would commit the crime if he or she “benefited financially or by receiving anything of value from participating in a venture (constituting trafficking of persons).”

Those convicted of violating the statute would be guilty of a felony.

House Bill 4090 is a related measure which has provisions regarding “sexual servitude of a minor,” which would be applicable in cases where it is known the minor will “engage in commercial sexual activity, sexually-explicit performance, or the production of obscene matter…”

 

'Servitude of minors’

Servitude of the minor also would occur if one attempted to get a minor to engage in the above activities.

Persons convicted of servitude of a minor under age 16 would receive up to a 15-year sentence.

If younger than age 14, the perpetrator could receive up to a 20-year jail sentence.

The bill has several other provisions and more extensive definitions than House Bill 4073.

House Bill 4073 would establish proposed Code §61-2-14g et. seq., and House Bill 4090 would establish §61-2 A-1 et. seq., which would be a new section of Code.

House Bill 4073 has four House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced Jan. 23. Referred to House Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4073%20intr.htm

House Bill 4090 has three House sponsors, including lead sponsor Del. Rick Staton, D-Wyoming. Introduced Jan. 24. Referred to House Judiciary Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4090%20intr.htm

 

Bill increases indecent exposure crime fines

House Bill 4121. Proposed amendments to §61-8-9 would increase penalties for indecent exposure to a minor under age 14 if the exposure were done for the purpose of “sexual gratification.

Those convicted of first offenses for such conduct would be guilty of a misdemeanor and could be fined up to $500 and could serve up to a year in jail.

Those convicted of a second such offense would be guilty of a felony and would face a $1,000 fine and up to three years in jail.

A third such offense would carry a fine of up to $3,000 and up to a five-year jail sentence.

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

There are three House sponsors, including lead sponsor Del. Tom Azinger, R-Wood. Introduced Jan. 26. Referred to House Judiciary Committee. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4121%20intr.htm

 

State Police Unit would investigate child abuse cases

Senate Bill 274. Proposed §15-2-9 would create a special unit within the State Police specializing in child abuse and neglect investigations.

This legislation is a companion to House Bill 4011 which was reviewed in Issue 2 of The Legislature.

House Bill 4011 has been approved by the House of Delegates and referred to Senate Government Organization, then Senate Finance.

Senate Bill 274 has 13 Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Jan. 25. Referred to Senate Judiciary, then Senate Finance.

 

Polygraphs would determine sex offender risk assessment

Senate Bill 275. Proposed amendments to §62-12-2 would require use of polygraph testing as a risk assessment tool for sex offenders later released on probation or parole. The polygraph testing could only be used as a risk assessment and “management tool.”

There are 9 Senate sponsors, including lead sponsor Sen. Foster. Introduced Jan. 25. Referred to Senate Judiciary, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb275%20intr.htm

 

Elections

 

Law would require use of paper ballots in all elections

Senate Bill 263. This proposed legislation would repeal 66 sections of law relating to elections, requiring use of paper ballots for all elections in West Virginia by re-enacting an amended §3-1-21 which would prohibit the use of voting machines and electronic voting machines.

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 25. Referred to Senate Judiciary, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb263%20intr.htm

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

 

Governmental Entities

 

Bill would make English state’s “official language”

Senate Bill 264. Proposed §2-1-3 would designate English as the “official language of the state of West Virginia.”

Under terms of the bill, no state agency or political subdivision “shall be required to provide, and no state agency or political subdivision shall be prohibited from providing any documents, information, literature or other written materials in any language other than English,” unless such is required by other state law(s).

There are five Senate sponsors, including lead sponsor Sen. Bailey. Introduced Jan. 25. Referred to Senate Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb264%20intr.htm

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

 

State Energy Coordinator Position would be established

Senate Bill 278. Proposed §5-1F-1 et. seq. would create the office of State Energy Coordinator in the office of the governor.

Among other duties, the state Energy Coordinator would be responsible for developing and implementing plans for “promoting the state’s energy resources, regionally, nationally and internationally.

Other coordination duties include establishing “working relationships and lines of communication with and between the energy industries, the public energy authority, the state Department of Environmental Protection, the Public Service Commission, the (state) Development Office, the representatives to the Southern States Energy Board, state colleges and universities, federal energy agencies and other entities that will enhance the gathering of knowledge and planning capabilities for development of energy resources and technologies in the state.”

The Energy Coordinator also would be responsible for pursing the development of  new energy production projects and utilization of new “energy technologies in the state.”

 

“Policies and programs”

Finally, the Energy Coordinator would recommend to the governor “policies and programs that will enhance the development and utilization of the state’s energy resources and technologies.”

The bill includes an extensive definition of “energy resources,” which include coal, oil, natural gas, electricity, wind, solar and nuclear resources.

The officer would serve at the will and pleasure of the governor and would be responsible for making an annual report to the Legislature’s Joint Committee on Government and Finance.

There are other provisions.

There are three Senate sponsors, including lead sponsor Sen. Jeffery Kessler, D-Marshall. Introduced Jan. 26.  Referred to Senate Government Organization, then Senate Finance.    http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb278%20intr.htm

 

Legislation would create Admin. Hearings Office

House Bill 4060. This bill contains several proposed sections of statute and would establish an  Office of Administrative Hearings in the executive branch of state government.

This is the House companion to Senate Bill 221. Refer to the Jan. 23 issue of The Legislature.

There are eight House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Jan. 20. Referred to House Judiciary.

 

Bill proposes statewide wireless phone usage policy

House Bill 4098. Proposed amendments to §5A-7-4 would require the Department of Administration’s Information Services and Communications Division to propose legislative rules to develop a statewide wireless telephone usage policy and to centralize all state wireless telephone plans.

Sponsored by Del. J.D. Beane, D-Wood. Introduced Jan. 25. Referred to House Government Organization. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4098%20intr.htm

 

Officeholders wouldn’t be able to use name on state cars

House Bill 4127. Proposed §6B-2-5c would prohibit elected officials from using their “name or likeness on any publicly-owned vehicles, unless for ceremonial purposes.”

Additionally, the bill would prohibit the officeholder from placing his or her name or likeness on “trinkets paid for by public funds.”

Other bill provisions would prohibit elected officials from disseminating various communications, including mass mailing distribution, within 60 days of a Primary or General Election in which the individual is a candidate.

(The above provision also applies to elected officials’ agents or anyone on “public payroll.”)

Agent, in terms of the bill, would include campaign volunteers and others serving at the “discretion of an elected or appointed official.”

 

Trinkets defined’

There are various other bill provisions, including a statutory definition of “trinkets.”

The legislation would require the state Ethics Commission to propose rules regarding its implementation, including emergency rules.

There are seven House sponsors, including lead sponsor Del. Kelli Soboyna, R-Cabell. Introduced Jan. 26. Referred to House Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4127%20intr.htm

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

 

Electrical work exemption would be removed from Code

House Bill 4128. Revised §29-3B-3 would remove the statutory exemption that allows government employees performing electrical work on government property to do so without an electrician’s license.

There are eight House sponsors, including lead sponsor Del. Barbara Hatfield, D-Kanawha. Introduced Jan. 26. Referred to House Industry, Labor and Economic Development and Small Business, then House Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4128%20intr.htm

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

 

Taxation

 

Bill would eliminate remaining sales tax on food

Senate Bill 240. Proposed amendments to §11-14C-5 and §11-15-3a would reduce the flat rate of the excise tax on gasoline and special fuel products from the current 20.5 cents to 15.5 cents, as well as eliminating the consumers sales tax on food.

According to the Bill Note, the measure would be known as the “Make West Virginia Competitive Tax Relief Act.”

Sponsored by Sen. Steve Harrison, R-Kanawha. Introduced Jan. 23. Referred to Senate Finance.
http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb240%20intr.htm

Also refer to House Bill 4088. That bill would eliminate the state sales tax on food by June 30, 2006.

There are 11 House sponsors, including lead sponsor Del. Cindy Frich, R-Monongalia. Introduced Jan. 24. Referred to House Finance.

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

 

Farm equipment, livestock would be tax exempt

Senate Bill 256. Proposed revisions to §11-3-9 would exempt farming equipment and livestock from personal property taxation.

There are six Senate sponsors, including lead sponsor Sen. Larry Edgell, D-Wetzel. Introduced Jan. 24. Referred to Senate Agriculture, then Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb256%20intr.htm

Note: Sen. Karen Facemyer, R-Jackson, has introduced an identical bill. Refer to Issue 2 of The Legislature.

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

 

Bill would allow property tax deferment election

Senate Bill 257. Proposed §11-6B-8 would allow county commissions to provide an “election to homeowners residing in the county who are (age 65 and older) and who have been a resident of West Virginia for five or more years to defer all property tax increases over the amount of taxes paid by him or her for the remainder of his or her life.

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

There are three Senate sponsors, including lead sponsor Sen. John Yoder, R-Jefferson. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb257%20intr.htm

 

Manufacturing inventory would be tax exempt

Senate Bill 259. Proposed revisions to §11-5B-13b would exempt manufacturing inventory from ad valorem property taxation.

There are five Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Jan. 24. Referred to Senate Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb257%20intr.htm

 

Legislation would provide timber severance tax rebate

House Bill 4114. Proposed amendments to §11-13A-3b would provide a 2% rebate to persons subject to the timber severance tax.

Sponsored by Del. Williams. Introduced Jan. 26. Referred to House Agriculture and Natural Resources, then House Finance. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4114%20intr.htm            

 

Tobacco

 

Candy or fruit-flavored cigarettes sales face ban

House Bill 4095. Proposed §16-9A-9a would prohibit the sale of candy- or fruit-flavored cigarettes in West Virginia.

There are six House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Jan. 24. Referred to House Judiciary.

Note: Senate Judiciary has approved this legislation.

http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4095%20intr.htm

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

 

Magistrate courts to get jurisdiction in ‘juvie’ cases

House Bill 4133. Proposed amendments to §49-5-2 would clarify existing law to state that magistrate courts have concurrent juvenile jurisdiction with circuit courts regarding enforcement of laws prohibiting minors’ possession or use of tobacco or tobacco-related products.  

The bill then grants the concurrent juvenile jurisdiction to municipal courts.

There are nine House sponsors, including lead sponsor Del. Perry. Introduced Jan. 26. Referred to House Judiciary.  http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4133%20intr.htm

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

 

Video Lottery

Counties would be able to restrict video lottery locations

Senate Bill 286. This proposal, which would amend several sections of existing law and add other proposed sections, would allow counties and municipalities to restrict limited video lottery locations.

Among its other provisions, the legislation would reduce the number of video lottery terminals to 4,500 through “attrition” and restrictions on the sales of licenses.

There are four Senate sponsors, including lead sponsor Sen. Hunter. Introduced Jan. 26. Referred to Senate Judiciary. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/sb286%20intr.htm

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

 

Resolutions

 

90/30-day legislative sessions

House Joint Resolution 104. If adopted by state voters, this Resolution would amend the state Constitution so that there would be one 90-day legislative session in odd-numbered years, and a 30-day session in even-numbered years.

There are four House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Jan. 25. Referred to House Constitutional Revision, then House Judiciary.

 

Briefly

Relating to elected municipal officials, Senate Bill 237 would allow persons holding municipal public offices on a part-time basis to serve on county Building Commissions…Senate Bill 245/House Bill 4092 would create the Consolidated Local Government Act…Senate Bill 250 would provide a tax deduction on interest paid on student loans and automobile loans…Senate Bill 252 would establish a marriage license discount if the applicants show proof of a certificate of completion of an approved premarital counseling course… House Joint Resolution 102 would amend the state Constitution to say that marriage is a union between one man and one woman…

Senate Bill 260 would establish a registry of persons convicted of operating a clandestine drug laboratory… House Bill 4070 would require, in terms of relate estate deeds and leases, information regarding the previous existence of a crystal methamphetamine laboratory… House Bill 4091 would amend the definition of “waste” to include toxic, carcinogenic, explosive, corrosive, or flammable chemicals used in methamphetamine production…Senate Bill 268/House Bill 4132 would require a mandatory alert when natural gas or other petroleum products pipeline facilities are observed in a damaged state during commercial activities in the vicinity of the pipelines…. Senate Bill 284 has been introduced to deter street couch fires by defining fires in public rights-of-ways as arson…Senate Bill 287 would specify that the Wetzel County Prosecuting Attorney is to serve as a part-time prosecuting attorney regardless of the county’s classification…
Senate Bill 289 would establish a Statewide Automated Victim Notification System which would allow crime victims to be informed of the status and whereabouts of criminals…Also refer to Senate Bill 290...House Bill 4084 would provide a woman who has an abortion a cause of action against any physician who, in performing an abortion, causes injury to the woman or the fetus. Another abortion-related bill is House Bill 4117. It would make it a misdemeanor to violate the state’s informed consent requirements for a woman to obtain an abortion…House Bill 4094 would remove the current statutory requirement that pretrial diversion agreements have to be executed in the presence of an attorney…

House Bill 4096 would limit the amount of a bond on appeal of a civil matter to $25 million unless an appellant in most instances…House Bill 4100 would provide a salary increase to county officials…House Bill 4104 would provide a sales tax exemption for special equipment installed in a motor vehicle for use by a person with physical disabilities. There are other provisions…House Bill 4110 would require the state Parkways, Economic Development and Tourism Authority to hold public hearings in each county through which the West Virginia Turnpike runs when or if contemplating fee increases. There are other provisions…House Bill 4112 would allow the Mineral County Commission until the third Tuesday in May to meet as a levying body…House Bill 4118 would add one circuit judge to the 23rd Judicial Circuit (Berkeley, Jefferson and Morgan Counties).

Thanks to our affiliates

Exemplary Affiliates

Acordia Employers Service P.O. Box 3389 Charleston, WV 25333 www.acordiaservices.com (304) 556-1162 Contact: Gary Waskey	Bowles Rice McDavid Graff & Love LLP PO Box 1386 Charleston, WV 25325 www.bowlesrice.com (304) 347-1100 Contact: Howard E. Seufer Jr.	Cedar Lakes Conference Center HC 88 Box 21 Ripley, WV 25271 www.cedarlakes.com (304) 372-7860 Contact: Ron Grimes
The EdVenture Group 63 Wharf Street, Suite 300 Morgantown, WV 26501 www.theEdVenturegroup.org (304) 296-9021 Contact: Donna Casto	Williamson Shriver Architects, Inc. 717 Bigley Avenue Charleston, WV 25302 www.wsgarch.com (304) 345-1060 Contact: Joe Evans

 

Premier Affiliates

United Bank PO Box 393 Charleston, WV 25322 www.ubsi-wv.com Contact: Jeff Bishop

West Virginia American Water PO Box 1906 Charleston, WV 25327-1906 www.wvawater.com (304) 353-6300 Contact: Todd Beanep

 

 

Future Meetings

WVSBA Winter Conference ’06
February 17-18, 2006
Charleston Marriott

Orientation ’06
June 14-16, 2006
Stonewall Resort, Roanoke

WVSBA Fall Conference ’06
Sept. 22-23, 2006
Charleston Marriott

 

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

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