February 4, 2008 - Volume 28 / Issue 8
Jan. 28-Feb. 1, 2008 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. 28-Feb.1, 2008.
Today is the 27th day of the 2008 regular session. The 2008 session will meet its half-way mark Thursday, Feb. 7, 2008.
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 52 bills are reviewed, including House Bill 4343, a major proposal relating to broadband Internet service in West Virginia.
In some cases, bill underlining is utilized to show proposed statutory language or language revisions.
For a copy of any bill, please contact WVSBA: 304.346.0571 or email me: hocull@wvsba.org
PUBLIC EDUCATION
County Boards
U.S., West Virginia flags purchased from public funds would have to be made in the U.S.
Senate Bill 548. Proposed revisions to §1-6-1 would require that the purchase of United States flag or flags of the State of West Virginia by the state, counties or boards of education using public funds only be made from manufacturers in the United States.
Sponsored by Sen. Jeffrey V. Kessler, D-Marshall. Introduced Feb. 1. Referred to the Senate Judiciary Committee, then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb548%20intr.htm
The measure is the Senate companion to House Bill 4150 which is reviewed in the Feb. 28 issue of The Legislature.
80 percent of workers’ employed to work on public improvement projects are to be covered by health insurance
Senate Bill 549. Proposed §21-1D-1, -2, and -3 would require workers on public improvement projects costing $500,000 or more to be provided health care insurance as an employment benefit.
Project contactors would have to provide the public authority written verification that at least 75 percent of employees working on a particular project are covered.
Due to several bill definitions, it would appear the measure would apply to contractors working on county board construction projects such as building of schools, including both the definition of “employer” and” public authority" which is defined as “any officer, board or commission or other agency or political subdivision of the State of West Virginia authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia or its political subdivisions.”
A third bill definition relates to “public improvement” which is defined as “all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia or any political subdivision, and includes projects for which expenditures are made, in whole or in part, from public funds.”
Bill provisions would not include “individuals engaged in making temporary or emergency repairs, independent contractors or salaried supervisory personnel necessary to assure efficient execution of the employee's work.”
There are other provisions.
Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Feb. 1. Referred to the Senate Labor Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb549%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions
Public School Personnel
National Board certification salary bonus would be provided to classroom teachers who subsequently become school principals, assistant principals, or in other instructional leadership positions
Senate Bill 480. Proposed amendments to §18A-4-2a would pay the National Board for Professional Teaching Standards salary bonus to the holders of certificates awarded to them during employment as a classroom teacher if they are subsequently employed as a school principal, or assistant school principal, or in another position in an instructional leadership capacity.
Under current law the bonus amounts to $3,500 paid annually to the “classroom teacher” for the life of the certification and/or up to 10 years.
Another proposed bill amendment would extend bonus payments beyond the 10 years specified in statute if the NBPTS certification is “renewed.”
There are five Senate sponsors, including lead sponsor Sen. Larry V. Edgell, D-Wetzel. Introduced Jan. 29. Referred to the Senate Education Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb480%20intr.htm
The House companion measure is House Bill 4341. There are eight House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Jan. 30. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4341%20intr.htm
Bill relates to coaches’ qualifications; would allow non-educators to assume coaching positions under certain circumstances
Senate Bill 486. Proposed revisions to §18A-3-2a would allow non-educators to coach athletics or serve as other extracurricular activities coaches if a currently employed certified professional educator “who is otherwise qualified to perform the duties as a coach of the specified extracurricular activity has not applied for the position.”
(The underlined is proposed language.)
The above individuals would have to complete the state Board of Education’s “orientation program” in order to assume these posts.
Sponsored by Sen. Clark Barnes, R-Randolph. Introduced Jan. 29. Referred to the Senate Education Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb486%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Surviving spouse could receive credit for deceased school employees’ accrued personal leave if both employed by same school board
House Bill 4320. Proposed revisions to §18A-4-10d would allow a surviving spouse of an employee of a school board who dies while employed to receive credit for the deceased spouse's accrued and unused personal leave time if the surviving spouse is also an employee of the same school board.
In lieu of credit, for personal leave, the surviving spouse may elect to receive a lump sum amount for the accrued and unused sick leave of the deceased spouse.
There are five House sponsors, including lead sponsor Del. Linda Sumner, D-Raleigh. Introduced Jan. 29. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4320%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
A Fiscal Note has been requested.
Bill would provide overtime pay for employees who are required to work holidays
House Bill 4322. Proposed amendments to §21-5C-3 would provide overtime pay for all employees who are required to work holidays regardless if the holiday hours are in excess of a 40-hour workweek.
There are five House sponsors, including lead sponsor Del. Rodighiero. Introduced Jan. 29. Referred to the House Industry and Labor, Economic Development and Small Business Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4322%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
A Fiscal Note has been requested.
Bill would allow teachers to determine materials to be posted on the Internet
House Bill 4351. Proposed revisions to §18A-2-12 would allow teachers authority to determine what type materials are to be posted on the Internet.
The current statute prohibits teachers from being “required to post… lesson plans on the Internet.” The proposed statutory revision would broaden the prohibition to “any other material (the teacher finds) unnecessary…”
(Proposed language is underlined.)
Sponsored by Del. Richard Browning, D-Wyoming. Introduced Jan. 31. Referred to the House Education Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4351%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Teachers who have taught in another state for 10 years could receive certification to teach in West Virginia
House Bill 4352. Proposed §18A-3-1 would allow teachers who graduated from colleges and universities that are not accredited by associations recognized in West Virginia, to obtain a teaching certificate based on their certification in another state of at least 10 years.
The proposed language reads: “Notwithstanding any other provision of this section, nor any other provision of rule, law or this code to the contrary, any person who holds a valid teaching certificate from another state and has held said certificate for a period of ten years or longer, regardless of the school or university accreditation from which they graduated, and meets all other requirements for certification set forth in this article, shall be deemed in compliance with the requirements of the State of West Virginia for teacher certification.”
(Proposed language is underlined.)
Sponsored by Del. Harold Michael, D-Hardy. Introduced Jan. 31. Referred to the House Education Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4352%20intr.htm
Service personnel would receive a minimum hourly pay rate for extracurricular assignments
House Bill 4365. Proposed §18A-4-8a would establish a minimum hourly rate of pay for school service personnel extracurricular assignments.
The hourly rate of pay would be set at “…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.”
An alternative minimum hourly rate of pay for extracurricular assignments “within a particular category of employment may be utilized 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.”
The vote for such would have to 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 shall be prorated accordingly.
“When performing extracurricular assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.”
(Proposed language is underlined.)
Sponsored by Del. Ron Fragale, D-Harrison. Introduced Jan. 31. Referred to the House Education Committee then the House Finance Committee.
Measure would require county boards to conduct county-wide meetings to engage community in dialogue regarding “effective discipline policies.”
House Bill 4368. Proposed revisions to §18A-5-1 and proposed §18A-5-1c are designed to reduce school violence and student disorderly conduct.
Additionally, the bill would establish a “Bill of Rights and Responsibilities for Students and School Personnel.”
These are among proposed provisions, namely to:
- Declare, as a matter of legislative finding, that isolating or placing “chronically disruptive students” in alternative learning centers may be best for these students.
- Require “each county board…to conduct at least two county-wide meetings to engage parents, students, school employees and other interested parties in a positive and interactive dialogue regarding effective discipline policies. The meetings shall be held in geographically diverse locations within each county to maximize public attendance.”
- Establish a five- member committee in each school in the state whose purpose is to “review the disciplinary practices at that school.” Members would be selected as follows:
- “The faculty senate shall select three teachers to serve as members; and
- The state's largest employee organization of school service personnel shall select one bus operator and one classroom aide to serve as members.
- Permit the committee to “ meet for up to 2 hours per month during the regular instructional day.” The committee shall:
- Review disciplinary measures at the school;
- Examine fairness and consistency of disciplinary actions at the school; and
- Report findings to the county superintendent.”
- Allow the committee, if determining that student discipline at the school is not “enforced fairly or consistently (to) transmit that determination in writing, along with supporting information, to the county superintendent.
- Establish a “Bill or Rights and Responsibilities for Students and School Personnel.”
“Within (10) days of receiving the report, the superintendent, or designee, shall respond in writing to the committee.
“The county board shall retain and file all such correspondence and maintain it for public review.”
The “Bill of Rights” reads as follows:
- The Legislature finds that:
(1) The mission of public schools is to prepare students for equal and responsible citizenship and productive adulthood;
(2) Democratic citizenship and productive adulthood begin with standards of conduct in schools;
(3) Schools should be safe havens for learning with high standards of conduct for students; and
(4) Rights necessarily carry responsibilities.
(b) In recognition of the findings in this section, the following Bill of Rights and Responsibilities for Students and School Personnel is established:
(1) The right to attend a school and ride a bus that is safe, orderly and drug free;
(2) The right to learn and work in a school that has clear discipline codes with fair and consistently enforced consequences for misbehavior;
(3) The right to learn and work in a school that has alternative educational placements for violent or chronically disruptive students;
(4) The right to be treated with courtesy and respect;
(5) The right to a attend a school and ride on a bus that is free from bullying;
(6) The right to support from school administrators when enforcing discipline policies;
(7) The right to support from parents, the community, public officials and businesses in their efforts to uphold high standards of conduct; and
(8) The responsibility to adhere to the principles in this Bill of Rights and Responsibilities for Students and School Personnel, and to behave in a manner that guarantees that other students and school personnel enjoy the same rights.
(Proposed language is underlined.)
There are six House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Jan. 31. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4368%20intr.htm
Public School Support Program (PSSP)
Measure “clarifies” mandatory library funding provision that affects nine county boards
House Bill 4373. Proposed revisions to §18-9A-11 would “clarify” how payment of the library finding obligation of a "special act library" is made from the local share.
The pertinent language reads: For the purposes of any computation made in accordance with the provisions of this section, the library funding obligation on the regular school board levies which is due and payable from such levies to a library created by a special act shall be paid from the county school board's discretionary retainage, which is hereby defined as the amount which the regular school board levies exceeds the local share determined hereunder. If the library funding obligation which is due and payable to a library created by a special act is greater than the, county school board's discretionary retainage, the library funding obligation created by the special act shall be amended and is reduced to the amount of the discretionary retainage, notwithstanding any provisions of the special act to the contrary. Any excess of the discretionary retainage over the library funding obligation shall be available for expenditure by the county school board in its discretion for its proper budgeted purposes.”
(Proposed language is underlined.)
There are six House sponsors, including lead sponsor Del. Corey Palumbo, D-Kanawha. Introduced Feb. 1. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4373%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
West Virginia Board of Education (WVBE)
Course of study relating to “fetal development” would be required in high schools
House Bill 4316. Proposed §18-2-7d would require the state Board of Education, with the advice of the State Superintendent of Schools, to “ prescribe a curriculum to teach fetal development. Each high school in the state shall include in their health classes the course of study for its students.
“Nothing in this section may be construed or interpreted to endorse, allow, permit, or approve of any abortion.”
NOTE: The bill does not define the term “fetal development.”
(Proposed language is underlined.)
Sponsored by Del. Carol Miller, R-Cabell. Introduced Jan. 29. Referred to the House Education Committee then the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4316%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
WVBE would be required to establish a “School Drug Safety Program”
House Bill 4377. Proposed §18-2-38 would require the state Board of Education to create a school drug safety program.
The bill would require the program to include drug testing of individuals prior to being hired, transferred or promoted to positions within a school and include random drug testing of all individuals employed in a school.
These are among bill provisions, namely to:
- Establish a series of Legislative Findings which include the following - “the safety issues which face schools are constantly changing; (that) the safety of school children should be a priority of the state; (that) all employees of a county board of education who are employed in a school are employed in safety sensitive positions and that the use of illegal drugs by these employees could endanger the lives and safety of school children.
West Virginia Board of Education responsibility
- Require the WVBE to “ create a school drug safety program which shall include drug testing of all individuals prior to hiring, transferring or promoting to positions within a school.”
- Include “ random drug testing of all individuals employed in a school” as part of the drug safety program.
Program goals
- Establish Program goals that, at a minimum, would:
- (Prohibit) employees of county boards of education from manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in chapter sixty-a of this code;
- (Provide) that employees who personally use or who are designated to administer to a student a drug authorized by and administered in accordance with a prescription from a health professional are not violating the program;
- (Require), prior to hiring, promoting or transferring an individual into an employment position in a school, the individual to submit to a urinalysis test for the purpose of detecting illegal use of drugs;
- (Require) all individuals employed in a school when the program takes effect, to take the initial drug testing required for pre-employment;
- (Establish) a random drug testing program for all individuals employed in a school;
- (Provide) a process to reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable;
- (Require) that appropriate measures are taken to protect confidentiality throughout the testing process and in the handling of test results;
- (Restrict) access to drug testing results on a need-to-know basis to those persons in positions designated by the county superintendent;
- (Provide)that each county board of education will be responsible for the cost of all testing required under the program; and
- (Specify) disciplinary actions for those found in violation of the program.
Confidentiality
The bill would define "individuals employed in a school" to include “all employees of a county board who may have contact with students as a part of their job responsibilities and all other persons who are permitted by a school or a county board to have contact with students either on or off of school property, including, but not limited to, field trips and athletic events.”
(Proposed language is underlined.)
There are 11 House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Feb. 1. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4377%20intr.htm
Higher Education Policy Commission (HEPC)
Bill would provide more “flexibility and freedom to all publicly-funded” state institutions of higher education
Senate Bill 523. According to the Bill Note, the purpose of this 91-page proposal is to “give state institutions of higher education more flexibility in the planning and operation of their schools.”
The objective would be accomplished primarily by amending higher education statutes regarding Marshall University and West Virginia University to apply to all “publicly funded state institutions of higher education.”
Some statutory sections that would be amended to accomplish the objective relate to electronic requisitions, procurement of architect-engineer services, capital projects, etc.
In terms of the latter, the bill would allow all publicly funded institutions of higher education to “participate directly or indirectly with any public or private entity in any capital project which has the potential to exceed ($1 million in costs).”
The measure also deals with publicly funded institutions of higher education relations with community and technical colleges. Language is omitted regarding fee structures for these institutions which, among other proposed changes, would not require Higher Education Policy Commission approval as is the case under current law.
There are numerous other provisions.
There are 10 Senate sponsors, including lead sponsor Sen. John Yoder, R-Jefferson. Introduced Jan. 31. Referred to the Senate Education Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb523%20intr.htm
A Fiscal Note is requested.
Also refer to House Bill 4375. That measure, which would amend §18B-10-5 and -6 to approve fee waivers for students and faculty and staff at institutions of higher education at undergraduate and graduate levels.
The bill applies this exemption to all such institutions.
Additionally, nonresident faculty and staff would get the exemption only up to the amount of in-state tuition.
Sponsored by Dels. John Doyle, D-Jefferson, and Tom Campbell, D-Greenbrier. Introduced Feb. 1. Referred to the House Education Committee then House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4375%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Fee waiver would be granted to State Police attending higher education institutions
House Bill 4313. Proposed §15-2-53 would provide for a waiver or reimbursement of tuition and fees for members of the West Virginia State Police attending institutions of higher education.
The fee waiver would apply when during the period of one’s “service in the State Police,” and could be used at both public and private higher education institutions, with a waiver of tuition and fees applicable for attendance at public institutions.
In case of private institutions, State Police would “receive reimbursement for tuition and fees incurred at that college or university during the period of his or her service in the State Police in an amount to be determined by the superintendent, but which may not exceed the highest tuition and fees payable at any state-supported school.”
The State Police Superintendent is to propose Legislative Rules to establish “eligibility criteria for a tuition and fees waiver or reimbursement, and to otherwise implement (bill provisions).”
There are nine House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Jan. 29. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4313%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Classified staff workforce reductions would be made based on seniority
House Bill 4350. Proposed revisions to §18B-7-1 would require all decisions regarding temporary or permanent reductions in full-time classified personnel workforce at state institutions of higher education, in situations where a job is reduced by reducing the number of days or hours worked, be made on the basis of seniority.
There are 10 House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced Jan. 31. Referred to the House Education Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4350%20intr.htm
Teachers Retirement System (TRS) / Public Employees Retirement System (PERS)
Bill would increase from $500 to $750 the minimum monthly retirement annuity for TRS and PERS members
Senate Bill 461. Proposed §5-10-22f and §18-7A-26r would increase Teachers Retirement System (TRS) annuities for retirees with at least 20 years’ total service from $500 to $750 monthly “including any supplemental or additional retirement benefits provided (by statute)…”
The same would apply to Public Employees Retirement System (PERS) retirees meeting the above qualifications.
Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Jan. 28. Referred to the Senate Pensions Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb461%20intr.htm
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Defined Contribution members would have one-time option to transfer into TRS
Senate Bill 528. Proposed repeal of §18-7C-8 and proposed revisions to §18-7C-6 would provide members of the Defined Contribution Retirement System a one-time option to transfer into the TRS.
There are three Senate sponsors, including lead sponsor Del. Mike Hall, R-Putnam. Introduced Jan. 31. Referred to the Senate Education Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb528%20intr.htm
NOTE: This measure is similar to House Bill 4154 which is reviewed in the Jan. 28 issue of The Legislature.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Teachers employed by a statewide professional teaching association or school service personnel association could count this service toward TRS retirement credit
Senate Bill 538. Proposed revisions to §18-7A-17 would allow members of the Teachers Retirement System who are absent from employment while serving as an officer or staff of a statewide service personnel association to count this service toward retirement credit.
(The same provision applies to officers or staff of a statewide professional teaching association.)
The proposed measure has details regarding retirement credit for such service and related matters.
Sponsored by Sen. John Unger, D-Berkeley. Introduced Feb. 1. Referred to the Senate Pensions Committee then Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb538%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
TRS, PERS retirees could receive supplement after five years’ retirement
Senate Bill 547. Proposed revisions to §5-10-22j and §18-7A-26u would provide a one-time supplement of $500 for TRS and PERS annuitants and survivor beneficiaries who have been retired five consecutive years. The supplement is exempt from state income tax.
Sponsored by Sen. Bowman. Introduced Feb. 1. Referred to the Senate Banking and Insurance Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb547%20intr.htm
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Public Employees Insurance Agency (PEIA)
Acupuncture treatment would be covered by PEIA
Senate Bill 521. Proposed revisions to §5-16-7 and proposed §33-15-4j, §33-16-3t,§33-24-7j, §33-25-8i, and §33-25A-8j would require health insurance policies, including those issued by the state Public Employees Insurance Agency (PEIA), to cover acupuncture treatment performed by a licensed acupuncturist.
Sponsored by Sen. Shirley Love, D-Fayette. Introduced Jan. 31. Referred to the Senate Banking and Insurance Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb521%20intr.htm
Also refer to Senate Bill 202 which is reviewed in the Jan. 14 issue of The Legislature.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Bill would provide state health care services for all active/inactive duty military personnel
House Bill 4354. Proposed revisions to §5-16-2 would provide state health care services for all active and inactive duty military personnel largely by amending the Public Employees Insurance Agency (PEIA) statutory “definitions” section so that these individuals would receive health coverage through PEIA.
Also refer to House Bill 4379. It would extend PEIA coverage to “crime watch volunteers.”
House Bill 4354 has three House sponsors, including lead sponsor Del. Rodighiero. Introduced Jan. 31. Referred to the House Veterans Affairs and Homeland Security Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4354%20intr.htm
House Bill 4379 has seven House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 1. Referred to the House Banking and Insurance Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4379%20intr.htm
There is a Fiscal Note request for both bills.
Insureds would have a minimum one year to file claims
House Bill 4370. Proposed §33-6-38 would allow insureds a minimum one year in which to file all claims relating to an injury.
Sponsored by Dels. Marshall Long, D-Mercer, and Don Perdue, D-Wayne. Introduced Feb. 1. Referred to the House Banking and Insurance Committee then the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4370%20intr.htm
Legislative notice would have to be given regarding Workers Compensation rules, policies and guidelines
House Bill 4332. Proposed revisions to §23-1-2 would require legislative notice by the Insurance Commissioner whenever a rule, policy or guideline that affects the workers compensation insurance system is implemented.
There are eight House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Jan. 30. Referred to House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4332%20intr.htm
This measure is the same as Senate Bill 304 which is reviewed in the Jan. 28 issue of The Legislature.
EDUCATION-RELATED
Child Welfare
Bill would raise age for consent for refusing mental health treatment
Senate Bill 462. Proposed revisions to §27-4-1 would change the age of consent for refusal of mental health treatment from age 12 to age 18.
Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 28. Referred to the Senate Health and Human Resources Committee then the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb462%20intr.htm
Measure relates to how DHHR will provide “non-health care related” services to children
Senate Bill 478. Proposed revisions to §49-7-33 would address how the West Virginia Department of Health and Human Resources will make payments for services provided to certain children. The bill:
- Expands the definition of services to include nonhealth care related services; and
- Prevents nonapproved providers from seeking payments above the Medicaid rate or the customary rate set by the department.
Non-health care services would exclude “fees relating to in-court expert testimony.”
Sponsored by Sen. Prezioso. Introduced Jan. 29. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb478%20intr.htm
Omnibus proposal relates to child support
Senate Bill 504. The purpose of the 54-page bill is to revise a number of state statutes regarding child support.
These are among some of the proposed changes, namely to:
- Clarify that child support automatically extends past age 18, not to exceed age 20, “so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma…” Current law states that such support “may” continue.
- Require that a court, within five days of modifying a child support amount, provide a copy of that order to the Bureau for Child Support Enforcement.
- Allow the Bureau for Child support to “withhold (100) percent of (a child support obligee’s) bonus to satisfy support (child support payment) arrearage.”
- Assess a civil penalty not to exceed $500 “per occurrence for the failure of any person, corporation, financial institution, labor organization or any state agency to comply” to withhold child support payments.
- Permit the Bureau for Child support to increase monthly payment/withholdings by as much as $200 to “satisfy the arrearage” under certain circumstances, including situations when an obligor’s gross income exceeds $65,000.
- Require the Bureau for Child Support to review its child support formula every four years, as mandated by federal law, reporting findings to the Joint Committee on Government and Finance.
- Clarify that the Tax Commissioner has authority to deny the issuance/re-issuance of a business license in relation to child support obligations.
- Stipulate that the Bureau of Child Support is to review all TANF cases every three years.
There are numerous other provisions.
Sponsored by Sen. Bowman. Introduced Jan. 30. Referred to the Senate Health and Human Resources Committee then the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb504%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Measure makes some changes in driver’s license laws
Senate Bill 531. Proposed revisions to §17B-2-1a, -3a, -5, -6, -7, and -8 would make several changes in statues relating to graduated driver’s licenses.
These are among the proposed changes, namely to:
- Require applicants seeking a Level I Instruction Permit to pay $5 which permits the applicant “two attempts at the written knowledge test.”
- Allow those acquiring a Level I instruction permit to drive only a “motor vehicle.” The same would apply to a Level II (Intermediate Permit).
- Stipulate that Level III permits would be valid until 30 days after the date the licensee turns age 21.
Fines, penalties
- Establish misdemeanor offenses for those convicted of violating terms and conditions of Level I and Level II driving permits. The fines would range from $25-$75.
- Amend current law so that an applicant under age 18 has “two attempts” to pass the written driver’s license examination and three attempts to pass the road skills test. Applicants age 18 and older are entitled to not more than “two attempts at the written test” or three attempts to pass the road skills test within a 90-day period – currently 60 days.
- Allow the Division of Motor Vehicles to issue an identification card if the applicant has a driver’s license.
There are several other provisions.
Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Feb. 1. Referred to the Senate Transportation and Infrastructure Committee and then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb531%20intr.htm
The House companion measure is House Bill 4331. Sponsored by Dels. Brent Boggs, D-Braxton, and Robert A. Schadler, R-Mineral. Introduced Jan. 29. Referred to the House Roads and Transportation Committee then the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4331%20intr.htm
Measure would require a study of Child Welfare System of West Virginia
House Bill 4295. Proposed §49-10-1 et. seq. would establish a commission to study the child welfare system and make recommendations to strengthen it.
The commission would be established within the Department of Health and Human Resources.
Commission members include:
- The Secretary of the Department of Health and Human Resources,
- the Commissioner of the Bureau for Children and Families,
- the Commissioner for the Bureau for Behavioral Health and Health Facilities,
- the Commissioner for the Bureau for Medical Services,
- the State Superintendent of Schools,
- a representative of local educational agencies,
- the Director of the Office of Institutional Educational Programs,
- the Director of the Office of Special Education Programs and Assurance,
- the Director of the Division of Juvenile Services,
- the Executive Director of the Prosecuting Attorney's Institute and
- three representatives of families who have received services in the child welfare system.
At the discretion of the West Virginia Supreme Court of Appeals, circuit and family court judges and other court personnel, including the administrator of the Supreme Court of Appeals and the director of the Juvenile Probation Services Division, may serve on the commission.
These statutory members could designate “additional persons in their respective offices who may attend the meetings of the commission if they are the administrative head of the office or division whose functions necessitate their inclusion in this process.”
In its deliberations, the commission is to consult and solicit input from other families and service providers.
The commission shall “meet at times and places as it finds necessary,” and is to be “staffed” by the Bureau for Children and Families.
An advisory board is to be created to serve in a consulting role to the commission members with one member who represent the West Virginia Chapter of the National Association of Social Workers; one member from a provided by the Court Improvement Board; one member who is a psychologist from a list provided by the West Virginia Psychological Association; one member who represents children who were in foster care; two members from a list of five nominees provided by the Bureau of Children and Families who are foster care providers; one member who represents emergency shelter care programs; one member from a list provided by the West Virginia Child Care Association; one member representing residential care providers; one member who represents psychiatric residential treatment facilities; one member who represents in-home service providers; and one member from a list provided by the Council of Churches.
The Commission is to study the “current status of prevention, treatment, education, related services and appropriate workforce development for the child welfare system, including substance abuse and domestic violence when those conditions have an effect upon the system.”
The Commission’s report is to “include recommendations of system changes needed to meet the needs of those served by the system and a determination of the total public and private dollars spent for each item listed in this section.”
The commission shall consider the role of both the public and private sector in its deliberations and may coordinate its activities with those of the Department of Health and Human Resources and its consultants.
In terms of organization, the commission is enabled to appoint subcommittees and workgroups composed of consumers, providers and representative groups as it deems necessary to perform its duties and responsibilities pursuant to this article.
The commission shall submit a preliminary report of its progress in its study to the Governor and the Legislature by Jan. 1, 2009, and a report including its recommendations by the Jan. 1, 2010.
The Department of Health and Human Resources is to submit a report to the Governor and the Legislature by the July 1, 2011, regarding implementation of the recommendations of the commission and “yearly reports thereafter on the work of the commission.”
The department also is to “report no less than quarterly” to the Legislative Oversight Commission on Health and Human Resources Accountability.
A final bill provision directs the Commission to “continue after the submission of their reports for the purpose of providing oversight in the implementation of (its) recommendations.”
There are several other provisions, including a segment relating to legislative findings.
There are nine House sponsors, including lead sponsor Del. Tal Hutchins, D-Ohio. Introduced Feb. 28. Referred to the House Government Organization Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4295%20intr.htm
Bill would allow state employees earning $25,000 or less to have children covered by CHIP
House Bill 4301. Proposed §5-16B-6e would qualify children of state employees, receiving income of $25,000 per year or less, for the West Virginia Children's Health Insurance Program.
There are six House sponsors, including lead sponsor Del. Rodighiero. Introduced Jan. 28. Referred to the House Banking and Insurance Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4301%20intr.htm
Elections
Polls worker service would not be considered political activity
Senate Bill 463. Proposed revisions to §29-6-20 would exclude the service of a poll worker from being considered a prohibited political activity.
Sponsored by Sen. Kessler. Introduced Jan. 28. Referred to the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb463%20intr.htm
The House companion measure is House Bill 4328. There are 11 House sponsors, including lead sponsor Del. Caputo. Introduced Jan. 29. Referred to the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4328%20intr.htm
Secretary of State would be granted “emergency powers” for voting in times of natural disasters, terrorist attacks, and war
Senate Bill 493. Proposed revisions to §3-1A-6 would provide the Secretary of State the power, after consultation with the Secretary of the Department of Military Affairs and Public Safety, to implement “emergency procedures and rules to ensure that all eligible voters have the opportunity to cast a valid ballot in the event of a natural disaster as declared by the Governor of this state, a terrorist attack, in time of war, or general emergency, any of which occur during or immediately preceding an election, to uphold the integrity of the election.”
Sponsored by Sen. Kessler. Introduced Jan. 30. Referred to the Senate Judiciary Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb493%20intr.htm
Bill would permit use of “electronic poll book”; penalties for tampering with “book”
Senate Bill 494. Proposed revisions to §3-4A-2, -10, -13, -16, -17, -19, -28, and -33 would allow the use of an electronic poll book in which registered voters are verified as eligible to vote in an election.
The bill also provides a penalty for tampering with an electronic poll book.
The bill defines "electronic poll book" as an “electronic device in which registered voters are verified as eligible to vote in an election. The electronic poll book shall contain voter registration information as maintained by the county clerk.”
These are among other bill provisions, namely to:
- specify that when electronic poll books are acquired by any county commission, the poll books shall be “immediately placed in the custody of the county clerk, and shall remain in his or her custody at all times except when in use at an election or when in the custody of a court or court officers during contest proceedings.
“The clerk shall ensure that the electronic poll books are properly protected and preserved from damage or unnecessary deteriorations, and the clerk shall not permit any unauthorized person to tamper with the electronic poll books.
“The clerk shall also be charged with the duty of keeping the electronic poll books in good repair and the clerk shall prepare the electronic poll books for election day.”
- Require election commissioners, in counties using electronic poll books, to “ examine the electronic poll books to ascertain whether the poll books are in working order before allowing any voters to enter the polling location.
“If the electronic poll books are not in working order, the election commissioners shall contact the county clerk who shall immediately supply the precinct with a printed poll book to serve in place of the electronic poll book for that election.”
- Verify that each voter, upon entering a precinct which is using an electronic poll book, is a registered voter.
“ If the voter is not registered according to the electronic poll book within that precinct, the poll clerk is to inform the voter of the proper precinct in which the voter is registered.”
- Specify, as with other election laws, that persons who would tamper with the electronic poll book would be guilty of a felony.
There are other provisions.
Sponsored by Sen. Kessler. Introduced Jan. Jan. 30. Referred to the Senate Judiciary Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb494%20intr.htm
Election workers would have training 30 days prior to an election
Senate Bill 495. Proposed revisions to §3-1-46 would require poll worker training within thirty days prior to an election.
Sponsored by Sen. Kessler. Introduced Jan. 30. Referred to the Senate Judiciary Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb495%20intr.htm
This measure is similar to House Bill 4291 which is reviewed in the Jan. 28 edition of The Legislature.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4129%20intr.htm
Bill would protect information maintained in voter registration files
Senate Bill 496. Proposed revisions to §3-2-30 would protect information maintained in the voter registration, including driver's license number or nonoperator's number, as issued by the Division of Motor Vehicles.
Sponsored by Sen. Kessler. Introduced Jan. 30. Referred to the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb496%20intr.htm
Provisional ballots cast in the incorrect precinct would not be counted at the election canvass
Senate Bill 507. Proposed revisions to §3-1-20,-22, -29, -34, and §3-1-41 would prohibit provisional ballots cast in the incorrect precinct to be counted at the canvass for an election.
Secondly, instructions regarding a provisional ballot shall be posted in the precinct in a highly visible location for voters to review.
Additionally, before an individual casts a provisional ballot, the poll clerk would have to provide the individual written instructions, supplied by the board of ballot commissioners, stating that if the voter is casting a ballot in the incorrect precinct, the ballot cast may not be counted for that election:
A proviso states that if “the voter is found to be in the incorrect precinct, then the poll worker shall attempt to ascertain the appropriate precinct for the voter to cast a ballot and immediately give the voter the information if ascertainable.”
There are other provisions.
Sponsored by Sen. Kessler. Introduced Jan. 31. Referred to the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb507%20intr.htm
Those in armed forces would be able to vote by electronic mail
Senate Bill 514. Proposed revisions to §3-3-5 would permit U.S. Armed Services members to vote absentee ballots via electronic mail.
Sponsored by Sen. Kessler. Introduced Jan. 31. Referred to the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb514%20intr.htm
County commissions could designate early voting locations other than courthouses
House Bill 4312. Proposed revisions to §3-3-1 would authorize county commissions to designate locations for early voting other than the county courthouse or annex of the courthouse.
There are nine House sponsors, including lead sponsor Del. Spencer. Introduced Jan. 29. Referred to the House Political Subdivisions Committee then the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4312%20intr.htm
This is the House companion is similar to Senate Bill 170 which is reviewed in the Jan. 14 issue of The Legislature.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb170%20intr.htm
State Supreme Court Justices would be elected on non-partisan ballots
Senate Bill 475. Proposed revisions to §3-1-16, §3-4A-11, -11A, proposed §3-5-6A, proposed revisions to §3-5-7, -13, -13A, and proposed §3-6-2A would allow state Supreme Court of Appeals Justices to be elected on basis of nonpartisan ballots.
Sponsored by Sen. Jenkins. Introduced Jan. 28. Referred to the Senate Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb475%20intr.htm
Senate Bill 218, reviewed in the Jan. 21 issue of The Legislature, would require all judges to be elected on basis of nonpartisan ballots.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb218%20intr.htm
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Governmental Entities
Measure relates to political subdivision investments
Senate Bill 470. Proposed revisions to §12-6C-6 would clarify that funds and pools of the West Virginia Management Board and the West Virginia Board of Treasury Investments are authorized investments for funds of political subdivisions.
There are seven Senate sponsors, including lead sponsor Sen. Love. Introduced Jan. 28. Referred to Senate Government Organization Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb470%20intr.htm
The House companion measure is House Bill 4287 which is reviewed in the Jan. 28 issue of The Legislature.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4287%20intr.htm
Bill would eliminate part-time prosecuting attorneys
Senate Bill 492. Proposed §7-7-4b would eliminate part-time prosecutor. It also authorizes an increase in salary for a part-time prosecutor that becomes full-time, based on same rate of compensation established for a prosecuting attorney in a Class V.
Sponsored by Sen. Randy White, D-Webster. Introduced Jan. 30. Referred to the Senate Judiciary Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb492%20intr.htm
Bureau for Medical Services would have to notify Legislature of policy changes in Medicaid Programs
Senate Bill 509. Proposed §9-5-21 would require the Bureau for Medical Services to notify the Legislature of policy changes in Medicaid programs.
Sponsored by Sen. Bowman. Introduced Jan. 31. Referred to the Senate Health and Human Resources Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb509%20intr.htm
Bill would expand Broadband Internet access throughout West Virginia
House Bill 4343. Proposed §5B-4-1 et. seq. would expand technology infrastructure to provide broadband Internet access throughout West Virginia.
The primary purpose of the legislation is to ensure that the state, by 2010, will make “ every municipality, community and rural area in this state, border to border, accessible to the Internet through the expansion and extension of broadband services and technology.”
Through these services the state will have the “capacity to foster or support new economic and social opportunities and developments locally, regionally, nationally and internationally,” with a particular emphasis on making these services available in rural areas of the state partly through creation of public-private partnerships partly because “ business entities in the private sector are unable to economically justify capital investments in the technology infrastructure.”
These are among bill provisions, namely to:
- Authorize the state’s Chief Technology Officer to “create and implement a program to refurbish and donate state surplus computers which are no more than four years old from state agencies to public schools and to public school children, based on financial need.”
- Collaborate with other agencies, including the state Board of Education; Department of Education Division of Technical and Adult Services; Regional Education Service Agencies; Division of Corrections; Prison Industries; private technology industries to create and establish this program. Additionally, the Chief Technology Officer is to consult with and provide any necessary assistance to any governing board of an institution of higher education creating a computer and computer equipment donation program as established under existing law.
Donated computer ‘recycling’
- Develop an environmentally safe program for the recycling and disposal of computers and computer-related equipment that is “refurbished and donated…after the equipment has reached the end of its useful life.”
E-government
- Assist in establishing “E-government” programs which the bill defines as "E-government" means "electronic government" or the use of telecommunications technology to facilitate and provide for access by the public to:
- “Proceedings and operations of government;
- Records and information regarding the programs and services that are currently implemented or are to be proposed or discontinued by a governmental entity;
- Any records, not otherwise exempt by law from disclosure, that are kept by governmental entities and that would otherwise be available through nonweb-based means; and
- Transactions between the government and the public such as a citizen's receipt and return of forms and applications, including, but not limited to, driver's license applications, the payment of fines or penalties or the filing of taxes. "E-government" also includes the use of telecommunications technology to facilitate and provide for exchanges of information between separate governmental entities, whether local, state or federal, and the use of videoconferencing to conduct governmental proceedings with remote participants, including, but not limited to, the establishment of telecourts that adequately provide for the protection of the Constitutional rights and privileges of persons involved in civil or criminal litigation, such as arraignments, hearings, conferences, trials and appeals held before such tribunals, and allow for appropriate rulings to be made with dispatch.”
- Use “E-learning" which is defined as "electronic learning" or the use of telecommunications technology to facilitate and provide education, through lectures or other instructional training, as well as providing access to stored knowledge and information and other learning resources.
“The most common application of e-learning is asynchronous e-learning which uses web-based learning modules but does not support real time interaction between the instructor and the students and other asynchronous functions that typically support the learning environment.
“Synchronous e-learning requires more bandwidth than asynchronous e-learning and consists principally of online real-time lectures which typically have to be joined by students at the time of their delivery.
“Most demanding in terms of bandwidth are forms of collaborative e-learning in which students have to interact continuously to solve problems or engage in other learning activities.”
- Utilize E-government so that the “resources, services and non-secure information of an agency of government to be promptly and easily electronically accessed by other governmental entities or by constituents of government, thus allowing those governmental bodies and their constituents to efficiently and economically interact;
It also may “ensure that West Virginia's governmental officers and employees who deal directly with the public, wherever located in the state, have access to high-speed Internet connectivity so that their electronic access will, for example, speed up license renewals, provide online employment information and improve overall service levels.”
Additionally, the bill posits that as “state and local governments provide an increasing number of services online, the ability to access them through a faster connection becomes paramount. Government, in partnership with an alliance of a private nonprofit facilitator and other entities, must take the lead in developing e-government solutions, in reducing administrative costs and in increasing access to services and the demand for broadband Internet applications.”
“As a technology-based resource in those situations where private investment in infrastructure is not available, a public-private partnership with a facilitator can keep government officials apprised of policy issues and build citizen participation through the development of new applications, emergency preparedness information, employment opportunities and links to other valuable governmental resources…”
Similarly, the bill discusses E-Learning, saying “education leaders recognize the important role information technology and broadband technologies will play in the long-term success of the state's economy.
“Through the adoption of new technologies, education resources can be made available to our citizens, even in the most rural parts of West Virginia.”
In terms of early childhood development, the bill states that “establishing a broadband connection at a local school will enable students to gain access, in the classroom, to the knowledge and resources available on the Internet and, through high-speed cable, DSL, wireless or other means, will enable students access outside of the classroom.
“Broadband infrastructure will enable a school to provide interactive programs that project information and training related to early childhood development directly into the homes and families of children from birth to age eight in the school's community.”
Any such programs are to be implemented in “cooperation and partnership” among the Department of Commerce, the Department of Education and the Department of Health and Human Resources.”
In terms of other bill provisions, local governmental bodies are to “complete an infrastructure resources survey by October 1, 2008, and a similar survey annually thereafter.
Information from these surveys is to be forwarded to the Legislature, with the report to include “discussions” about:
- “The connectivity, priorities and interoperability of the technology infrastructure owned, leased or used by public bodies;
- The technology infrastructure that is owned, leased, operated or used by the public bodies of the state;
- Technology infrastructure as it affects homeland security, public safety and health, systems reliability and providing continuity of government operations;
- Technology infrastructure identifying potential market demand areas where expanded resources may be expected;
- Practices or suggestions to coordinate the development of technology infrastructure and the deployment of services between the public bodies through the coordinated delivery of these systems; and
- Any other topic that may be beneficial in adequately assessing technology infrastructure.”
By December 1, the Governor's Chief Technology Officer within the Department of Administration shall submit a report to the Legislature that:
- “Assesses the availability of, and access to, broadband technology in homes and families with children from birth to age eight;
- Estimates the number of families with children from birth to age eight who are using broadband technology in their homes;
- Estimates the unmet demand for broadband technology for families with children from birth to age eight; and
- Sets forth a strategic plan to meet the demand described for Broadband services”
Final bill provisions relate to establishing a 10-member legislative Joint Commission on Transportation and Infrastructure which would be comprised of five members of the Senate and five House of Delegates members.
The Commission would be authorized to:
- “Make a continuing investigation, study and review of the practices, policies and procedures utilized to expand broadband infrastructure in this state;
- Make a continuing investigation, study and review of all matters related to broadband policy in the state;
- Review program development by the various agencies of state government if those programs impact access to broadband Internet.”
Additionally, the Commission would be authorized to conduct studies on:
- “The amount of funds expended by state government and by public and private entities in this state for broadband services to persons who are unable to pay for those services;
- The extent to which persons in this state forego broadband access because of insufficient income and assets to pay for broadband services;
- The extent to which the state is maximizing available federal programs and moneys in providing and expanding broadband services to the citizens of this state;
- The operation of the programs and funds created by this article; and
- The roles of the public, private and private nonprofit sectors in providing broadband services and access to the citizens of this state.”
Finally, the Commission is required to submit annual reports to the Legislature which “describe and evaluate in a concise manner:
- “The major activities of agencies of state government and public and private entities involved in expanding the infrastructure of, and access to broadband for the fiscal year immediately past, including important policy decisions reached on initiatives undertaken during that year, especially as such activities, decisions and initiatives relate to:
- Improving the accessibility of appropriate broadband services in all areas of this state;
- Improving the ability of the citizens of this state to reasonably afford broadband services.
- Other information considered by the commission to be important, including recommendations for statutory, fiscal or policy reforms and reasons for such recommendations.”
The reports may specify in what manner any “practice, policy or procedure may or should be modified to satisfy the goal of efficient and effective access to broadband services as they become increasingly available in this state.”
The last few sections of the 44-page bill deal with duties of the Secretary of Commerce in regard to implementing various bill provisions.
There are six House sponsors, including lead sponsor Del. Browning. Introduced Jan. 30. Referred to the House Government Organization Committee then the House Judiciary Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4343%20intr.htm
Bill would prohibit distribution of holiday/greeting cards by elected officials
House Bill 4324. Revised §6B-2-5 would restrict the use of state funding for holiday or any other form of greeting cards.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4324%20intr.htm
Taxation
Bill would place three-year moratorium on property tax increases
Senate Bill 491. Proposed §11-1C-9a would establish a three year moratorium on tax increases on Class II, III, and IV real property.
Sponsored by Sen. Joe Minard, D-Harrison. Introduced Jan. 30. Referred to the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb491%20intr.htm
A Fiscal Note has been requested.
Aged and disabled farmers could continue to have farms appraised as “farm property” after they cease farming
House Bill 4302. Proposed revisions to §11-1A-10 would allow aged or disabled farmers to continue to receive the benefit of having their farm land appraised as farm property after they cease farming due to age or other disability.
There are eight House sponsors, including lead sponsor Del. Allen V. Evans, R-Grant. Introduced Jan. 28. Referred to the House Agriculture and Natural Resources Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4302%20intr.htm
A Fiscal Note has been requested.
School sales items would be exempt from consumers sales tax
House Bill 4346. Proposed revisions to §11-15-11 would exempt all schools which include grades kindergarten through grade twelve from paying consumer sales tax on items the school sells.
There are 10 House sponsors, including lead sponsor Del. Williams. Introduced Jan. 31. Referred to the House Education Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4346%20intr.htm
A Fiscal Note has been requested.
Tobacco
Cigarette fire safety standards would be established by law
Senate Bill 534. Proposed §16-9G-1 et. seq. would establish a Cigarette Fire Safety Standard and Firefighter Protection Act. The measure would require cigarette ignition propensity standard.
In the bill findings, it is noted that New York State, Vermont, California, Illinois, New Hampshire, Massachusetts and Canada have enacted such laws partly to victims of cigarette-ignited fires which claim the lives of a “high proportion of senior citizens and small children…”
According to the Bill Note, 700-900 persons in the U.S. die annually due to fires caused by cigarettes along with 3,000 who are injured by fires “ignited by cigarettes.”
The safety standards relate largely to combustibility of cigarette paper and wrappers, setting standards for such.
There are several other provisions in the 20-page bill.
Sponsored by Sen. Foster. Introduced Feb. 1. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb534%20intr.htm
Briefly...
Senate Bill 477 would provide a compensation increase for conservation officers. The House companion measure is House Bill 4353….Senate Bill 465 would eliminate the business franchise tax by January 2013…Senate Bill 476 would allow state employees with at least five years’ continuous state service to be paid for unused sick leave days that exceed 50 days once per year…Senate Bill 487 would allow counties and municipalities to enter into energy-savings contracts…Senate Bill 499 would eliminate the severance tax on timber…Senate Bill 516 would allow Emergency Medical Technicians to administer Epinephrine…Senate Bill 522 would require equal numbers of members from each magisterial district to be named to county planning commissions…Senate Bill 530 would provide a loan forgiveness program for nurses…Senate Bill 537 would increase compensation of West Virginia State Police. House Bill 4371 is the House companion bill…Senate Bill 542 would allow correctional officers, parole officers and juvenile corrections officers to retire with full benefits after 20 years’ “actual and honorable service”…
House Bill 4333 would require an insurance company to withhold a specified amount from insurance proceeds to cover costs of fire cleanup of a structure within a municipality. There are some exceptions…House Bill 4347 would compensate State Police for off-duty time when they are required to be on standby to be called back to work…House Bill 4357 would extend the Neighborhood Investment Program Act…House Bill 4359 would eliminate mercury in vaccines…House Bill 4363 would authorize county commissions to adopt noise abatement ordinances…House Bill 4369 would establish a West Virginia State Troopers Association leave program…House Bill 4374 would make it a misdemeanor to file frivolous lawsuits – defined as lawsuits that are “known to be false and (made) with the intent to defraud…”…House Bill 4376 would provide an exemption from gross income for members of volunteer fire departments (for state personal income purposes)…House Bill 4378 would increase the number of magistrates in Jefferson County by one.
West Virginia School Board Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG
Sally Cann (Harrison), President
WhoCann5@cs.com
Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org
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