February 1, 2010 - Volume 30 / Issue 6
Jan. 25-29, 2010 Session Bills Reviewed
By Howard M. O’Cull, Ed.D.,
West Virginia School Boards Association Executive Director
Listed below are West Virginia Senate and House of Delegates bills introduced Jan. 25-29, 2010, during the second full week of the Second Regular Session of the 79th West Virginia Legislature.
Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.
A total 18 bills are reviewed.
For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org
Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us
Editor’s Note: Listing is not exhaustive.
PUBLIC EDUCATION
Compulsory attendance
Bill would Increase the minimum age for ending compulsory school attendance from age 16 to age 17
Senate Bill 343. Proposed §18-8-1, -1a, and §18-8-4 would Increase the minimum age for ending compulsory school attendance from age 16 to age 17.
It also would reduce from 10 to 5 the number of days of unexcused absences at which proceedings to enforce attendance begins.
Sponsored by Sen. Randy White, D-Webster. Introduced January 25. Referred to Senate Education.
The House companion, sponsored by Del. David Perry, D-Fayette, is House Bill 4165.Introduced January 25. Referred to House Education.
Both bills have been recommended for passage by interim Education Subcommittee C.
Similar proposals have been introduced/considered in a past legislative session or sessions.
County boards
Measure would make technical Code section correction regarding county board member training
Senate Bill 391. Proposed revisions to §18-5-1a would correct a numbering error in state Code relative to county board member training.
There are three Senate sponsors, including lead sponsor Sen. Corey Palumbo, D-Kanawha. Introduced Jan. 29. Referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2010&sessiontype=RS
The House companion measure is House Bill 4245. Introduced Jan. 29. Referred to House Government Organization. There are five House sponsors, including lead sponsor Delegate Danny Wells, D-Kanawha.
Legislative reference unavailable as of February 1, 2010.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public school employees
Commercial Drivers License requirements would be updated to comply with federal law
Senate Bill 396. Proposing several revisions to existing sections of the Code relating to transportation matters, this legislation would update the requirements to obtain and retain a Commercial Driver's License to comply with recent changes in federal law and rule.
Proposed amendments to §17B-2-4 would prohibit school bus operators from driving a school bus until they comply with new federal CDL requirements which are spelled out in the 45-page bill and subsequent rules promulgated by the state Board of Education.
NOTE: Most of the changes do not materially affect school bus operators.
Sponsored by Sens. John Unger, D-Berkeley, and Jeff Kessler, D-Marshall. Introduced Jan. 29. Referred to Senate Transportation and Infrastructure then Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public School Support Program (PSSP)
Supplemental funding proposed for limited English proficient students
House Bill 4211. Proposed §18-9A-22 would provide supplemental funding in order to provide alternative programs for limited English proficient students. The bill also grants the state Board of Education with rulemaking authority.
There are 7 House sponsors, including lead sponsor Tiffany Lawrence, D-Jefferson. Introduced Jan. 28. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public school transportation
Bill would provide enhanced penalties for failure to stop before reaching a school bus and would increase periods of ineligibility for persons convicted of some drug violations
House Bill 4223. Proposed revisions to §17C-12-7 and §60A-4-406 would increase criminal penalties for failure to stop a vehicle before reaching a school bus with flashing warning lights and would provide additional circumstances which increase the periods of ineligibility for people for certain felony convictions for the distribution of controlled substances in the proximity of students waiting, boarding or exiting a school bus.
In terms of the latter, language would be added that would prohibit persons from being eligible for parole (drug-related offenses) if having distributed drugs “within the first (100) foot view of students awaiting, boarding or exiting a school bus, excluding the interior of all buildings except school bus stop shelters...”
There are other provisions, including various proposed definitions.
There are 11 House sponsors, including lead sponsor Delegate Orphy Klempa, D-Ohio. Introduced Jan. 28. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4223 intr.htm&yr=2010&sesstype=RS&i=4223
Similar proposals have been introduced/considered in a past legislative session or sessions.
Higher Education Policy Commission
“Smoke Free West Virginia Act” would prohibit smoking in student dormitories
Senate Bill 360. Creating a new Code article, this legislation proposes creation of The Smoke Free West Virginia Act which, among its many proposed revisions, would prohibit smoking in student dormitories as well as “enclosed or partially enclosed sports arenas.”
Proposed language relating to student dorms reads: “…smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies and hallways of a building used, in whole or in part, as a student dormitory that is owned and operated or otherwise used by a public or private institution of higher education.”
The bill, in banning smoking in “private places,” does not prohibit smoking in a private residence “unless the private residence is used to provide licensed child care, foster care, or similar social service care on the premises.”
Smoking in all state-owned buildings would be prohibited as well as smoking in state-owned vehicles.
The bill has an extensive series of proposed statutory definitions.
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Jan. 27. Referred to Senate Health and Human Resources then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB360 intr.htm&yr=2010&sesstype=RS&i=360
Similar proposals have been introduced/considered in a past legislative session or sessions.
Teachers Retirement System (TRS)
Bill clarifies how TRS members may qualify for disability retirement; also affects PERS members
House Bill 4181.This measure is the same as Senate Bill 331 which is reviewed in the January 25, 2010, issue of The Legislature.
Bill provisions would clarify the circumstances under which a member may qualify for total and permanent disability retirement under provisions of the state Teachers' Retirement System (TRS) as well as the Public Employees Retirement System (PERS).
Sponsored by Delegate Sharon Spencer, D-Kanawha. Introduced Jan. 26. Referred to House Pensions and Retirement then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4181 intr.htm&yr=2010&sesstype=RS&i=4181
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public Employees Insurance Agency (PEIA)
PEIA Board of Finance would be prohibited from increasing costs to retirees
House Bill 4178. Proposed revisions to §5-16-5 would prohibit the PRIA Finance Board (as per the West Virginia Public Employees Insurance Act) to increase the types and levels of cost to retired employees.
There are 7 House sponsors, including lead sponsor Delegate David Walker, D-Clay. Introduced Jan. 26. Referred to House Senior Citizens Issues (Committee) then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4178 intr.htm&yr=2010&sesstype=RS&i=4178
Quorum would be required for any public hearing conducted by PEIA Finance Board
House Bill 4210. Proposed revisions to §5-16-4 would require the 9-member Public Employees Insurance Agency Finance Board to have a quorum of five members present at any public hearing.
There are 9 House sponsors, including lead sponsor Rick Moye, D-Raleigh. Introduced Jan. 28. Referred to House Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2010&sessiontype=RS
Workers Compensation
Bill would require review and approval of final settlements of Workers' Compensation awards.
House Bill 4214. Proposed revisions to §23-5-7 would require state Insurance Commissioner to review each Worker’ Compensation settlement “… for review and approval…upon a finding that the settlement is in the best interests of the claimant or, if the claimant is deceased, his or her dependents, the employer and the state.”
The bill includes numerous enacting sections to accomplish the above.
There are 11 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Jan. 28. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4214 intr.htm&yr=2010&sesstype=RS&i=4214
Similar proposals have been introduced/considered in a past legislative session or sessions.
EDUCATION-RELATED
Child Welfare
Licensed child care centers would be required to have a written plan for emergency evacuations
Senate Bill 349. Proposed revisions to §49-2B-3 would require licensed or registered child care centers to have a written plan for evacuation in the event of an emergency and making such a point of investigation before a license is received.
There are six Senate sponsors, including lead sponsor Sen. Palumbo.
Introduced Jan. 26. Referred to Senate Health and Human Resources then Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB349 intr.htm&yr=2010&sesstype=RS&i=349
Crimes
Extensive measure relates to sex offenders’ release from prison
Senate Bill 348. This 39-page bill would amend the Community notification and disclosure provisions of the state’s Sex Offender Registration Act, especially in terms of developing a risk assessment scale.
These are among bill provisions:
- At least 90 days before a sex offender is to be released, a committee that includes a licensed sex offender treatment provider, a law-enforcement official, and a caseworker who handles sex offenders, would convene to determine the risk that a particular sex offender will reoffend.
- The committee would consider a wide range of factors, including the circumstances of the sex offense which produced the conviction.
- The panel then decides the level at which an offender will be subject to community notification.
- The extent of the information disclosed and the community to whom disclosure is made would have to relate to the level of danger posed by the offender, to the offender's pattern of offending behavior, and to the need of community members for information to enhance their individual and collective safety.
- Low-risk offenders' information would be given to law-enforcement officials in the jurisdiction where the offender will reside, as well as to the victims of and any witnesses to the individual's offense.
- Moderate- to high-level risk offenders' information could also be given, as appropriate, to area schools, daycares, and healthcare centers, and police could hold a community meeting to explain the risks a particular sex offender could pose for the community.
- Convicted sex offenders would be able to appeal their registration status every two years to a panel of experts that includes law enforcement and treatment providers.
- The panel would have the authority to reassess the convicted sex offender's level of dangerousness and adjust his or her risk level accordingly.
There are other provisions.
There are five Senate sponsors, including lead sponsor Sen. Kessler. Introduced Jan. 26. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB348 intr.htm&yr=2010&sesstype=RS&i=348
The House companion is House Bill 4175. There are 8 House sponsors, including lead sponsor Delegate Tim Miley, D-Harrison. Introduced Jan. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4175 intr.htm&yr=2010&sesstype=RS&i=4175
Similar proposals have been introduced/considered in a past legislative session or sessions.
Measure relates to use of wireless communications while operating a vehicle
Senate Bill 367. Proposed §17C-14-15 would make it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street, highway or public vehicular area.
"Additional technology" would mean any technology that provides access to digital media including, but not limited to, a camera, electronic mail, music, the Internet, text messaging or games.” And “wireless communication device" would be defined as a handheld device used to access a wireless telephone service or a text message service.”
The bill’s provisions would not apply in cases where a driver used a wireless communication device for the “sole purpose of reporting an emergency situation, including, but not limited to criminal activity, a fire, a traffic accident, a serious road hazard, a medical emergency or a hazardous materials emergency, and the continued communication with emergency personnel during the emergency.”
Those convicted of violating the statute would be guilty of a misdemeanor.
Sponsored by Sen. Joe Minard, D-Harrison. Introduced Jan. 27.
Referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB367 intr.htm&yr=2010&sesstype=RS&i=367
Similar proposals have been introduced/considered in a past legislative session or sessions.
“West Virginia Crime and Mobile Devices Crime and Abuse Act” proposed
House Bill 4207. Proposed revisions to §61-3C-14a would make it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device.
The bill would make such crime a misdemeanor for first and second offenses.
The bill also provides that a third or subsequent offense is a felony and, establishes penalties of imprisonment for not more than two years, a fine of not more than $5,000, or both.
There are 9 House sponsors, including lead sponsor Del. Linda Goode Phillips, D-Wyoming. Introduced Jan. 28. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4207 intr.htm&yr=2010&sesstype=RS&i=4207
Similar proposals have been introduced/considered in a past legislative session or sessions.
Governmental Entities
Bill relates to West Virginia Geographical Information System (WVGIS)
Senate Bill 359. This legislation is the same as House Bill 4003 which was reviewed in the Jan. 15, 2010, issue of The Legislature.
NOTE: A Geographic Information System (GIS), or Geographical Information System, is any system that captures, stores, analyzes, manages, and presents data that are linked to location. Technically, a GIS is a system that includes mapping software and its application to remote sensing, land surveying, aerial photography, mathematics, photogrammetry, geography, and tools that can be implemented with GIS software. Still, many refer to "Geographic Information System" as "GIS" even though it doesn't cover all tools connected to topology.
Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Jan. 27. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB359 intr.htm&yr=2010&sesstype=RS&i=359
Taxation
Measure designed to modernize time frames for real estate and personal property assessments appeals
Senate Bill 401. This 58-page bill would make several changes or modifications in procedures and time frames for assessments of real and personal property, notices of assessments, and appeals of assessments.
It would provide special provisions for assessment of industrial and natural resources property.
The bill would establish the Local Board of Assessment appeals to meet in the fall of the tax year to which taxpayers may appeal as an alternative to the board of equalization and review which meets in February of the tax year.
It authorizes a circuit court, upon an appeal from a board of equalization and review or a board of assessment appeals, to remand the case back to such board if the court finds the record below is inadequate.
There are other provisions.
There are 10 Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Jan. 29. Referred to Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB401 intr.htm&yr=2010&sesstype=RS&i=401
Similar proposals have been introduced/considered in a past legislative session or sessions.
Briefly...
Senate Bill 345 would require a study of the state’s telecommunications tax. There are numerous provisions, including an extensive section concerning information that could be exempted from the state’s Freedom of Information statutes. The companion is House Bill 4183…Senate Bill 347 would establish the West Virginia Transportation Finance Commission part of whose responsibility is to finance transportation improvements through providing loans to governmental entities. The House companion measure is House Bill 4174…Senate Bill 351 would provide for anti-racial profiling training for law-enforcement officer trainees. Also refer to House Bill 4184…Senate Bill 352 would create the West Virginia Community Empowerment Transportation Act part of whose purpose is to create a community review of transportation projects…Senate Bill 366 would reduce the number of required members for municipal planning commissions and municipal zoning boards (Class IV municipalities)…Senate Bill 385 would require banks to provide a bond or pledge assets to secure county deposits only if the amount of the deposits exceeds FDIC limits…Senate Bill 395 would allow counties to accompany an electronic poll book with a printed poll book. Also refer to House Bill 4247, the companion measure…Senate Bill 399 would require magistrates to be elected from numbered divisions similar to circuit judges. A related bill, Senate Bill 402, would require the same of state Supreme Court of Appeals Justices…House Bill 4177 would dedicate 5 percent of coal severance tax to the county of origin. It outlines permissible uses for these moneys, including economic development…House Bill 4215 would prohibit gender discrimination in health care insurance plans…House Bill 4217 would require the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures which would have to be adopted by all 55 county commissions and their respective call centers…House Bill 4242 would require the Legislature’s Joint Committee on Government and Finance to approve any proposed settlement involving the Attorney General’s Office…House Bill 4249 would authorize the state Commissioner of Highways to use recycled materials in the construction or maintenance of roads and highways.
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The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.
West Virginia School Board Association
PO Box 1008
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Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG
Rick Olcott (Wood), President
Howard M. O’Cull, Ed. D., Executive Director, Editor
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