Jan. 29-Feb. 2, 2007 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.  29-Feb. 2, 2007 during the fourth week of the First Regular Session/78th West Virginia Legislature.

Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.

Agency rules bills have not been reviewed.

A total ­75 bills/resolutions are reviewed.

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

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

Editor’s Note: Listing is not exhaustive

 

PUBLIC EDUCATION

County Boards

 

Levying bodies’ meeting times would be extended

Senate Bill 360. Proposed revisions to §11-8-9 would allow a levying body to extend its time to meet as a “levying body” when a levy is placed on the ballot for consideration during a Primary Election.

The extension would be until June 1 of the year in which the levy was placed on the ballot during the Primary Election.

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Jan. 29. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb360%20intr.htm

 

School employees would have option of administering medicines

Senate Bill 366. Proposed revisions to §18-5-22a would allow school employees to “elect to administer medications.”

(Current law states that school employees ‘may elect’ to administer medication after having received training with the existing statute saying that ‘…any school employee in the field of special education whose employment commenced (prior to July 1, 1989) may be required to administer medications after receiving training.”

The intent of the proposed statute is to allow school employees identified above to elect whether or not to administer medications.

Sponsored by Sen. Roman W. Prezioso Jr., D-Marion. Introduced Jan. 29. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb366%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would establish standards for school-based interpreters

Senate Bill 422. Proposed §18-5-18f et. seq. would establish standards for school-based interpreters, with school-based personnel who provide these services being required to:

• Hold current interpreter and transliterator certificates awarded by the Registry of Interpreters for the Deaf (RID) or the general level interpreter proficiency certificate awarded by the National Association of the Deaf (NAD).
• Satisfactorily complete an interpreter or transliterator
  training program affiliated with an accredited educational institution.

New graduates of an interpreter or transliterator program affiliated with an accredited education institution and current county board professional personnel employed as interpreters and transliterators who don’t meet the level of interpreter proficiency required by RID or NAD could be granted a two-year provisional certificate.

During the two-year provisional period, the interpreter or transliterator would be required to “develop and implement an education plan in collaboration with the county superintendent of schools and a mentor who is required to be an interpreter or transliterator who has either NAD level IV or V certification or RID certified interpreter and certified transliterator certification and have at least three years interpreting or transliterating experience in any educational setting.”

 

Mentor/Weekly on-site sessions

The mentor, in collaboration with the provisionally certified interpreter or transliterator, and the county superintendent of schools would be required to develop an education plan designed to meet the requirements outlined above, including weekly on-site monitoring sessions.

The county superintendent, working with the West Virginia Commission for the Deaf and Hard-of-Hearing could grant limited extensions based on the following “documentation”:

1. Letters of support from the person's mentor, a parent of a pupil the person serves, the special education director of the county in which the person is employed, and a WVCDHH representative;
2. Records of the person's formal education, training, experience and progress on the person's education plan; and
3. An explanation of why the extension is needed.

Persons who receive the extension must comply with the plan and any accompanying timelines.

The plan would be developed by a committee composed of the WVCDHH executive director, the county superintendent of schools (or designee), a parent of a child receiving interpreting services in the county, and “other appropriate persons selected by the county superintendent of schools…”

 

2008 Effective Date

Until July 1, 2008, county boards could employ only an interpreter or transliterator who has been certified or for whom a time extension has been granted, based on the procedures outlined above.

After July 1, 2008, county board personnel who provide oral transliterating or cued speech transliterating services (full-time or part-time) “must hold a current applicable transliterator certificate awarded by a national certifying association…”

Another bill provision says the state superintendent of schools could grant a nonrenewable, two-year certificate to a “school district on behalf of a person who has not yet attained a current applicable transliterator certificate.”

Persons for whom a nonrenewable, two-year certificate is issued would have to work under the direction of a licensed teacher who is skilled in language development of individuals who are deaf or hard-of-hearing.

Additionally, persons for whom a nonrenewable, two-year certificate is issued would also be required to enroll in a state-approved training program and demonstrate progress towards the required certification.

In order to provide oral or cued speech transliterator services on a full-time or part-time basis, a person employed in a school district must comply with provisions of statute outlined above.

 

Time Extension

Again, persons provisional certificates could apply to the state superintendent for one time limited extension which he or she could grant, based on consultations with the WVCDHH if the following documentation were provided:

1. Letters of support from the person's mentor, a parent of a pupil the person serves and the special education director of the district in which the person is employed;
2. Records of the person's formal education, training, experience, and progress on the person's education plan; and
3. An explanation of why the extension is needed.

In order to receive the extension, the person would have to comply with a plan and any accompanying timelines.

Any resulting plan must be developed by a committee comprised of the state superintendent or his or her designee, a representative of the deaf community, a holder of a current interpreter and transliterator certificate “and other appropriate persons selected by the state superintendent.”

The Committee would be responsible for developing the plan and timelines for the person receiving the extension.

The West Virginia Department of Education (WVDE) and Regional Education Service Agencies (RESAs) would be responsible for “(working) together to ensure that ongoing staff development training for educational interpreters and transliterators is provided throughout the state.”

Sponsored by Sen. Karen Facemyer, R-Jackson. Introduced Feb. 1. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb422%20intr.htm

The House companion measure, House Bill 2701, is sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Jan. 30. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2701%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to school nurse ratio

House Bill 2730. Proposed revisions to §18-5-22 would establish a student-to-school nurse ratio of 1:750, beginning in the FY08 school year. Under terms of this proposal, county boards would be prohibited from entering into contracts with county health departments in order to provide “equivalent nursing services…”

There are 11 House sponsors, including lead sponsor House Education Chairwoman Mary Poling, D-Barbour. Introduced Jan. 30. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2730%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Licensing requirements would be set for plumbers and fire protection workers

House Bill 2747. Under terms of this 10-page bill, plumbers and fire protection workers would have to be licensed by the state Fire Marshal.

Given the bill definition, there apparently are no exceptions for county board employees.

Another bill provision states that entities of state and local government couldn’t mandate additional licensing requirements.

The bill has numerous provisions relating to the licensure process, including penalties for persons (and presumably entities of government) that violate “any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the…public against unfair, unsafe, unlawful or improper…practices.”

The measure includes definitions for “Journeyman plumber,” “Journeyman sprinkler fitter,” “Master plumber,” “Plumber in training,” and “sprinkler fitter in training.”

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Sam J. Argento, D-Nicholas. Introduced Jan. 30. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2747%20intr.htm

This measure is the same as Senate Bill 356. There are 10 Senate sponsors, including lead sponsor Sen. Bowman. Introduced Jan. 29. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb356%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

County boards could enter into cooperative transportation arrangements

House Bill 2750. Proposed revisions to §18-5-13 would allow county boards to “study and determine whether it would be appropriate and cost-effective to enter into a cooperative agreement with a local public or regional transit authority to transport school-age children to and from school.

“Prior to entering into a cooperative agreement, the county board shall submit the proposed cooperative agreement to the Department of Transportation for review and approval.

“The Department of Transportation may not approve any proposal for a cooperative agreement that does not comply with minimum federal safety standards for transportation of school-age children.”

If such an agreement were implemented, the county board would be required to submit an “annual written report to the West Virginia Legislatures' Joint Committee on Government and Finance detailing the costs and benefits of the agreement.

The Secretary of the Department of Transportation would be required to propose legislative rules for use in “assessing whether cooperative agreements proposed by a county board should be approved.”

Sponsored by Del. Ron Walters, R-Kanawha. Introduced Jan. 31. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2750%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would consolidate county board purchasing through RESAs

House Bill 2757. Proposed revisions to §18-5-13 would require county boards, “in the interest of providing economies of scale and reducing costs,” to make all purchases through the Regional Education Service Agencies (REASs) “serving that county.”

Sponsored by Del. Walters. Introduced Jan. 31. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2757%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School inspections would be conducted by Departments of Health

House Bill 2699. Proposed revisions to §16-1-6 and §16-1-11 would authorize the Commissioner of the Bureau for Public Health to promulgate and establish standards for inspections of primary and secondary schools.

Results of these inspections then could be reported to the principal of the school, the county superintendent and the president of the county board, or to persons of like responsibility in the case of a private, parochial, church or other school operated by a religious order.

There are three House sponsors, including lead sponsor Del. Bill Proudfoot, D-Randolph. Introduced Jan. 30. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2699%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public School Personnel Generally

 

Governor’s pay measure introduced

Senate Bill 402. Proposed revisions to §18A-4-2, -2a, and -8 would provide professional educators a 2.5 percent pay increase beginning in FY08. The measure also would provide a $1,000 increase in pay for teachers for teachers holding National Board of Professional Teaching Standards certification (NBPTS). The current amount is $2,500. Both amounts would apply, as now, to the “life” of the certification or not to exceed 10 years.

Finally, the bill would provide a one-time monetary 2.5 percent “incentive payment” for service employees for FY08 “only,” to be paid in a lump sum, subject to all normal payroll deductions, on the first pay day after Sept. 30.

In order to receive the funds, school service personnel would have had to be employed by their county boards as of Jan. 1 of this year and still employed as of Sept. 30.

Sponsored By Sen. President Earl R. Tomblin, D-Logan, and Minority Leader Don Caruth, D-Mercer. Introduced Jan. 31. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb402%20intr.htm

The House companion measure is House Bill 2777. It is sponsored by House Speaker Rick Thompson, D-Wayne, and Minority Leader Tim Armstead, R-Kanawha. Introduced Jan. 31. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2777%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Other pay measures

Bill increases teacher salaries by six percent

House Bill 2726. Proposed revisions to §18A-4-2 would increase teacher salaries by 6 percent.

There are six House sponsors, including lead sponsor Del. Thomas Campbell, D-Greenbrier. Introduced Jan. 30. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2726%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to beginning teacher salaries

House Bill 2751. Proposed revisions to §18A-4-1, -2 would change existing teacher statutes so that, beginning July 1, no teacher would receive less than the amount prescribed for a teacher with three years' experience on the applicable State Minimum Salary Schedule.

Every year thereafter, each teacher will advance one step on the experience scale regardless of his or her actual years of experience.

There are six House sponsors, including lead sponsor Del. Campbell. Introduced Jan. 31. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2751%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would $2,000 pay incentive for teachers who teach in “core fields”

House Bill 2720. Proposed §18A-4-2c would require the state Board of Education to “establish a pay incentive of ($2,000) for each teacher who teaches in that teacher’s core field degree.”

Sponsored by Del. Walters. Introduced Jan. 30. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2720%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Alternate certification procedures proposed

House Bill 2723. Proposed revisions to §18A-3-1a would require the state Board of Education to adopt a rule for the approval and operation of alternative preparation programs for teachers to obtain additional certification area endorsements.

The programs would be subject to the other provisions of the statute only to the extent specified in the rule.

The WVBE is required to report to the Legislative Oversight Commission on Education Accountability during the July, 2007 interim meetings or as soon thereafter as practical prior to implementation of the programs.

Sponsored by Del. Spencer. Introduced Jan. 30. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2723%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Teachers could purchase computers through state purchasing contract

House Bill 2725. Proposed revisions to §5A-3-4 would require the state Director of Purchasing to promulgate a rule authorizing public school teachers to purchase one personal computer and related devices per year from the state contract.

The computer/related devices are for “use outside the classroom.”

There are 9 House sponsors, including lead sponsor Del. Campbell. Introduced Jan. 30. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2725%20intr.htm

 

Faculty senate allotment would be increased from $50 to $100 for teachers’ materials

House Bill 2779. Proposed revisions to §18-5A-5 would increase the faculty Senate allotment for classroom teachers and librarians from $50 to $100 to be spent on academic materials, supplies or equipment to enhance instruction.

Sponsored by Del. Richard J. Iaquinta, D-Harrison. Introduced Feb. 1. Referred to House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2779%20intr.htm

 

Bill would increase benefits for long-term substitutes

House Bill 2805. Proposed revisions to §5-16-2, §18A-1-1, -3-2b, and -4-7b would provide health insurance coverage to long-term substitutes; ensure that newly-hired long-term substitutes participate in the beginning teacher mentor program, and grant "permanently employed professional personnel" status to long-term substitutes who work more than 133 days in a school year.

There are 9 House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Feb. 2. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2805%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measures relates to dental hygienists practice

House Bill 2806. This measure is the same as House Bill 2398. Relating to the West Virginia Dental Practice Act, it would provide settings, including schools, were dental hygienists could perform their duties without direct supervision of a dentist.

There are five House sponsors, including lead sponsor Del. Dale Martin, D-Putnam. Introduced Feb. 2. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2806%20intr.htm

 

Public School Personnel Grievance Procedure

 

50-page grievance reform bill introduced

Senate Bill 439. A 50-page bill, this measure would make a number of changes in the state’s grievance procedure for school and public employees.

These are among the proposed revisions:

• The current “hearing examiners” would be replaced with administrative law judges (ALJs).
• Current Level I of the process is eliminated (conference with immediate supervisor), although a grievant may file a grievance with his or her immediate supervisor who must respond in writing within 5 days. If the grievance is not granted, the grievant may appeal to the chief administrator.
• If the chief administrator’s designee holds the grievance hearing, the grievance evaluator would issue the final decision and the chief administrator would have no authority to “override, reverse or modify the decision.”

Governing board

• Level III appeals could be appealed to the governing board or to an ALJ. “Governing board” would mean a county board, given the bill’s definitions of that term.
• Binding arbitration is established for grievances. It could be used at any time prior to Level III.
• The grievant would pay one-third of the cost of arbitration, and the employer two-thirds.
• The parties would be responsible for bearing the “same burdens of proof and burdens of producing evidence as would apply if their claims counterclaims had been brought in circuit court.”

 

Binding Arbitration

• The bill outlines the steps and procedures for arbitration, including the role of the arbitrator, the determination of rules regarding arbitration, the setting for arbitration, etc.
• As stated in the proposed statute, “The (arbitrator’s decision) would have to be made promptly…and, unless otherwise agreed by the parties, no later than (30) days from the date of closing…”
• An arbitrator’s decision is binding on the parties to the grievance, but can be set aside by circuit court if the “(decision) was procured by corruption or fraud, an undisclosed conflict of interest existed or if the arbitrator exceeded his or her authority.”

There are several other provisions.

Sponsored by Sen. Jon Blair Hunter, D-Monongalia. Introduced Feb. 2. Referred to the Senate Government Organization Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb439%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Governor’s Grievance Panel bill introduced

Senate Bill 442. This 70-page measure contains the legislation recommended by the governor’s “Grievance Procedure Study Group” which met throughout the 2007 interim meetings.

These are among its proposals:

• Under terms of this bill, “chief administrator” would be defined as the county superintendent or, in terms of the state Board of Education, the state superintendent of schools.
• Grievants would prevail by default if a required response (to a grievance) is not “made by the employer within the (established) time limits…, unless the employer is prevented from doing so directly as a result of injury, illness or a justified delay not as a result of negligence or intent to delay the grievance process.”

 

Class action suits

• Class actions aren’t permitted by the bill. However, a grievance could be filed by one or more employees on behalf of a group of similarly situated employees, but any “similarly situated employee must indicate in writing of his or her intent to join the group of similarly situated employees.”
• Only one employee filing a grievance on behalf of similarly situated employees would be required to participate in the level one hearing required by the statute.
• The measure states that upon “a timely request, any employee shall be allowed to intervene and become a party to a grievance at any level when that employee claims that the disposition of the action may substantially and adversely affect his or her rights or property and that his or her interest is not adequately represented by the existing parties.”

 

Regular working hours

• Grievances are to be processed during regular working hours “as much as possible without interfering with the normal operations of the employer…The grievant, witnesses and an employee representative shall be granted reasonable and necessary time off during working hours for the grievance procedure without loss of pay and without charge to annual or compensatory leave credits.”
• In addition to actual time spent in grievance conferences and hearings, the grievant and an employee representative are to be granted time off during working hours for the preparation of the grievance without loss of pay and without charge to annual or compensatory leave credits.
• The bill adds, “however, the first responsibility of any employee is the work assigned by the appointing authority to the employee. An employee may not allow grievance preparation and representation activities to seriously affect the overall productivity of the employee.”
• The grievant and an employee representative shall have access to the employer's equipment for purposes of preparing grievance documents subject to the reasonable rules of the employer governing the use of the equipment for non-work purposes.

 

Grievant’s identity

• The grievant may file a written request to have the grievant's identity removed from any files kept by the employer one year following the conclusion of the grievance.
• The current Level I conference with the grievant’s immediate supervisor is eliminated. Grievants, however, may file grievances with immediate supervisors.

§18-29-4. Procedural grievance levels.

• Level I – Immediate Supervisor – Grievance must be filed within 15 days following “the occurrence of the event upon which the grievance is based, or within(15) days of the date upon which the event became known to the grievant, or within fifteen days of the most recent occurrence of a continuing practice giving rise to a grievance…”
• A grievant may file a written grievance with the immediate supervisor stating the nature of the grievance and the relief requested.
• The immediate supervisor is required to hold a conference within ten days of receiving the grievance, and shall issue a written decision within 15 days of the conference.
• An employee may proceed directly to Level Three or Four upon the agreement of the employee and the chief administrator, or when discharged, suspended without pay, or demoted or reclassified resulting in a loss of compensation or benefits.
• Level II: Alternative Dispute Resolution.
  (1) Within ten days of receiving an adverse written decision at Level One, the employee is to file a written request for mediation, private mediation or mediation-arbitration with the board if the employee desires to continue the grievance process.
• The bill provides the following definitions of process:
  ”(A) Mediation. --. The board shall schedule a mediation between the parties within twenty days of the request. Mediation is to be conducted by an administrative law judge pursuant to standard mediation practices and board procedures at no cost to the parties. Parties may be represented and shall have the authority to resolve the dispute. Agreements reached through mediation are to be documented in writing within fifteen days. Agreements are binding and enforceable in this state by a writ of mandamus.
  ”(B) Private Mediation. -- The parties may agree in writing to retain their choice of a private mediator and share the cost. The mediator shall schedule the mediation within twenty days of the written request and will follow standard mediation practices and any pertinent board procedures. Parties may be represented and shall have the authority to resolve the dispute. Agreements reached through mediation are to be documented in writing within fifteen days. Agreements are binding and enforceable in this state by a writ of mandamus.
  ”(C) Mediation-arbitration. -- The parties may agree in writing to participate in mediation-arbitration. The board shall schedule a mediation-arbitration between the parties within twenty days of the request. Mediation-arbitration is to be conducted by an administrative law judge pursuant to standard mediation and arbitration practices, and board procedures, at no cost to the parties. In the event the mediation does not result in a resolution, the mediator may become an arbitrator and proceed to decide the matter. The parties may be represented and shall have the authority to resolve the dispute. Agreements reached through mediation and decisions made by arbitration are to be documented in writing within fifteen days, and are binding and enforceable in this state by a writ of mandamus.
  ”(2) Neutral evaluation. -- Within 15 days of the conclusion of mediation or arbitration for matters that are not resolved, the administrative law judge serving as the mediator or arbitrator may provide a written summary to the parties as a neutral evaluator stating the issues presented, and issue an order of discovery that is binding upon the parties in preparation for level three.”

 

Level Three: Chief Administrator

Under terms of the bill, within five days of receiving the written report that alternative dispute resolution at Level Two was unsuccessful, the grievant may file a written appeal with the chief administrator, or the grievant may file a written waiver of the Level III hearing and proceed directly to Level IV. The chief administrator shall conduct a hearing within 15 days of receiving the appeal and shall issue a written decision within ten days of the hearing.

 

Level Four: Adjudication

Within 10 days of a waiver or an adverse written decision at Level III, the grievant may file a written appeal with the board requesting a hearing and adjudication on the grievance. The administrative law judge would schedule the hearing, and any other proceedings or deadlines, within a reasonable time in consultation with the parties.

(2) Within 30 days following the hearing, the  administrative law judge must render a decision in writing to all parties setting forth findings of fact and conclusions of law on the issues submitted…(T)he decision of the administrative law judge shall be final upon the parties and shall be enforceable in the circuit court of Kanawha County.

Appeal

•  A party may appeal the decision of the administrative law judge on the grounds that the decision:
  
  1. Is contrary to law or lawfully adopted rule, regulation or written policy of the chief administrator or governing board;
  2. Exceeds the administrative law judge's statutory authority;
  3. Is the result of fraud or deceit;
  4. Is clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or
  5. Is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
• The appeal is to be filed in the Circuit Court of Kanawha County within 30 days of receipt of the administrative law judge's decision. The decision of the administrative law judge shall not be automatically stayed...upon the filing of an appeal, but a stay may be granted by the Circuit Court upon separate motion r for a stay.
• The court's ruling would have to be made upon the entire record made before the administrative law judge, and the court could hear oral arguments and require written briefs. The court may reverse, vacate or modify the decision of the administrative law judge or may remand the grievance to the administrative law judge or the chief administrator of the institution for further proceedings.

 

Allocation of costs.

Any expenses incurred relative to the grievance procedure at levels I – III  would be borne by the party incurring such expenses except as to the costs of transcriptions. In the event an employee or employer appeals an adverse level IV decision to the circuit court or an adverse circuit court decision to the supreme court, and the employee substantially prevails upon such appeal, the employee or  his or her representative is entitled to recover court costs and reasonable attorney fees, to be set by the court, from the employer.

 

Current Grievance Board

The current grievance board would be terminated on June 30, with the “West Virginia Employee Grievance Board is hereby created as an independent entity under the Department of Administration.”

The Board would consist of 5 members who would be appointed by the governor by and with consent of the state senate. Members would include:

1. One person representing the largest labor organization in the state for a term of  three years;
2. One person representing an education employee organization in the state for a term of two years;
3. One employer representative from the executive branch for a term of two years;
4. One employer representative from secondary or higher education for a term of three years; and
5. One citizen member, who is not a current employee, employer, or a representative of employees in a workplace in the public, educational or higher educational sector of this state, for a term of one year.

The bill fixes terms for these members, stipulations for membership, board operations, etc.

 

Duties, Alms.

The board would have the following powers and duties, namely to maintain jurisdiction over procedural matters in the grievance process and to also employ competent administrative law judges, and pay them commensurately with other administrative law judges in the state

• ALJs must be state residents, in good standing with the state Bar, and persons who have knowledge and legal experience regarding public and education employment law and alternative dispute resolution.
• Several other duties regarding office functions and procedures are outlined relative to operations of the agency office and a requirement that the board submit an annual report to the Joint Committee on Government and Finance, the Legislature and the Governor that includes a “compilation of all data received regarding outcomes and costs at each level of the grievance process.”

Data Collection
     
In terms of data collection, the following is required:

1. An overview of grievance-related issues;
2. The number of grievances against each employer;
3. Identification of each grievance by type of grievance, level of resolution and cost of the grievance, including the estimated cost of employee time to handle the grievance and actual cost of any legal time or damages paid in the resolution of the grievance;
4. The number and type of grievances granted, denied or resolved by other means, including informal resolutions and alternative dispute resolution, and the actual or estimated cost of handling the grievance at each level of the grievance process;
5. Any legislative recommendations for changes to the grievance process as a result of the data collected; and
6. The caseload of each administrative law judge, type of grievance, number of grievances resolved, and number of decisions issued.
7. Nothing contained in the annual report may breach the confidentiality of a party to the dispute, nor may any matter be disclosed if the disclosure may violate any provision of law.

The Education and State Employees Grievance Board  rulings that are consistent with the proposed laws remain in effect.

There are several other provisions.

There are four Senate sponsors, including lead sponsor Sen. Bowman. Introduced Feb. 2. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb442%20intr.htm

Note: Sen. Bowman co-chairs the governor’s panel. He chairs the Senate Government Organization Committee.

Del. Martin, is co-chair of the governor’s panel. The companion House bill has yet to be introduced.

A committee substitute for this bill will be considered at the SGO’s Wednesday meeting.

 

Bill would include ‘statutory’ employers under grievance process

House Bill 2793. The primary  purpose of this legislation is to include “statutory employers” under the existing grievance procedure process.

There are other provisions.

Sponsored by Del. Doug Stalnaker, D-Lewis. Introduced Jan. 29. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2793%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public School Support

 

Bills relate to  “local share” calculations

House Bill 2706. Proposed revisions to §18-9A-2, -10, -ll, -13b and §18-9A-21 would “reform” the state School Aid Formula (SAF) by reducing from 98 percent to 70 percent  the amount of the regular levy deducted from county boards for General Current Expense purposes (local share).

The measure also would ensure that SAF Step 7, the “Foundation allowance to improve instructional programs,” “receive” an appropriation Of at least $33 million annually.

House Bill 2706 also would provide the West Virginia Board of Education at least $5 million to assist low-performing schools.

Additionally, the bill would “recapture” moneys from declining enrollment and direct it to salaries of classroom teachers and service personnel.

A final bill provision would allocate at least $8 million annually for alternative education programs.

There are five House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Jan. 30. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2007&sessiontype=RS

A second measure, House Bill 2815, would reduce the “local share” from the current 98 percent to 90 percent.

The measure’s other provisions are similar to House Bill 2706.

There are six House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 2. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2815%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Measure concerns SAF ratio limits for professional personnel

House Bill 2814. §18-9A-4 would amend SAF Step I – Allowance for Professional Personnel – so as to remove the “cap” on professional educators for counties with low population density.

The operative language reads,

“The State Superintendent of Schools is authorized in accordance with rules established by the state board and upon request of a county superintendent to waive the maximum ratio of (53.5) professional educators per (1,000) students in adjusted enrollment as provided in this section in those cases where the state superintendent determines that student population density justifies this waiver.”

There are 11 House sponsors, including lead sponsor Del. Barbara Evans Fleischauer, D-Monongalia. Introduced Feb. 2. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2814%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Public School Transportation

 

Fleet fuel efficiency required by 2010

Senate Bill 353. Proposed §5A-3-49a would require the state Secretary of Administration to certify by Jan. 1, 2008 (and thereafter) “the progress made (and) that a plan has been implemented to reduce the state's on-road vehicle fleet's annual petroleum consumption as measured in miles per gallon by at least (20 percent) by (Dec. 31, 2010), compared with (2005) petroleum consumption levels…”

Accordingly, by Jan. 1, 2008, the secretary of administration is to certify that plans have been devised to reduce the state's political subdivisions' on-road vehicle fleet's annual petroleum consumption by the same 20 percent by Dec. 31, 2013, compared with 2008 petroleum consumption levels.

The bill lists various strategies for reducing conventional fuel consumption, including:

• Use of alternative fuels in light, medium and heavy-duty vehicles;
• Acquisition of vehicles with higher fuel economy, including hybrid vehicles;
• Substitution of cars for light trucks;
• Increasing vehicle load factors;
• Decreasing vehicle miles traveled; and
• Decreasing fleet size.

Strategy

“Agencies are to develop a strategy that includes most, if not all, of these measures, but may develop a strategy that takes into account its unique fleet configuration and mission requirements. The strategy shall be designed to minimize costs in achieving the objectives,” according to the bill.

Another bill provision would require the Director of the state Purchasing Division to “…give preference to bidders providing vehicles and other combustion powered machines that are capable of using alternative fuels and energy sources for state-owned vehicles and combustion powered machines containing not less than (20) percent alternative fuel blends.”

 

2011

By July 1, 2011, every state-owned vehicle or combustion powered machine shall be required to use only fuels containing not less than 20 percent alternative fuel, with every political subdivision being required, by July 2016, to use only fuel containing not less than 20 percent alternative fuel.

There are other provisions.

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb353%20intr.htm

 

Bill relates to statutory length of school buses

House Bill 2781. Proposed amendments to §17C-17-4 would state that a school bus cannot exceed 45 feet in length, exclusive of front and rear bumpers.

Sponsored by Del. Lidella Wilson Hrutkay, D-Logan. Introduced Feb. 1. Referred to the House Roads and Transportation Committee, then the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb353%20intr.htm

 

Higher Education Generally

 

Bill relates to GED Incentives
      
Senate Bill 362. Proposed §11-13W-1 and §18B-10-7c would create incentives for persons to acquire a General Education Degree (GED).

These are among provisions:

1. Employers would receive a tax credit when allowing employees a “minimum…five hours per week paid release time to study for the (GED).” The credit would be in an amount equal to one-half of the employee’s hourly salary for the release time, up to $1,250.
2. If the employer enters into a “learning contract,” allowing more than one employee  the minimum hours of paid release time, the credit allowed would be multiplied by the number of employees.
3. The credit would first be applied to the business franchise tax, and then to the taxpayer’s personal income tax liability or corporation net income tax liability, as the case may be.
4. Tuition discounts would be granted to GED students, meaning students who have been out of school for three years, who have entered into a learning contract with an adult education program and their employer and who have completed the learning contract, acquiring a GED within one year.
5. The discount would be $250 per semester for a maximum of four semesters.
6. Currently enrolled students wouldn’t be eligible for the discount.
7. The learning contract would be maintained by the adult education program.

Sponsored by Sen. John Unger, D-Berkeley. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb362%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Tax credit would be granted for contributions to state institutions of higher education

Senate Bill 421. Proposed revisions to §11-21-12 would provide a modification reducing federal adjusted gross income for contributions to public institutions of higher education and community and technical colleges located in West Virginia.

Sponsored by Sens. Tomblin and Caruth (by request of the governor). Introduced Feb. 1. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb421%20intr.htm

The  House companion measure is House Bill 2796. It, too, is sponsored on behalf of the governor by Dels. Rick Thompson and Armstead. Introduced Feb. 1. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2796%20intr.htm

 

Measure would establish Faculty Excellence Act

Senate Bill 432. Proposed §18B-8A-1 et. seq. would create the Faculty Excellence Act.

The proposed legislation is prefaced with the finding that “while an increasing percentage of the courses offered in colleges and universities are taught by part-time adjunct and other non-tenure-track faculty hired on a temporary basis, these faculty members too often are not provided adequate compensation and or minimal basic professional supports including paid office hours to meet with students. At the same time, colleges and universities are allowing the ranks of full-time tenured or tenure-track faculty members to fall.

Additionally, the measure states, “the use of underpaid of part-time adjunct and other non-tenure-track faculty along with the shrinking ranks of full-time tenured or tenure-track faculty limit the ability of the state higher education system to provide high quality education, research, and support for economic development. Improving the conditions under which part-time adjunct and other non-tenure-track faculty work, and ensuring that colleges and universities employ sufficient numbers of full-time tenured or tenure-track faculty members, will result in better service for students, communities and economy.

 

Goals

            Given these two findings, the Legislature would set the following goals:

1. All part-time adjunct and other non-tenure-track faculty members are to receive pay that is equal, on a prorated basis, with that of tenured or tenure-track faculty of comparable qualifications doing comparable work.
2. All part-time adjunct and other non-tenure-track faculty members would be eligible to participate in the employee retirement plan and all part-time adjunct faculty members teaching at least 50 percent of the established workload for full-time tenured faculty would be eligible for the same health care benefits as full-time tenured faculty.

 

75 percent of undergraduate courses

3. At least 75 percent of the undergraduate courses offered within each department on each campus of each public institution of higher education, if the department has at least 8 full-time equivalent faculty positions, would be taught by full-time tenured or tenure-track faculty.
4. Each state public institution of higher education would be required to create a plan to meet this goal through determining salary standards for part-time and other non-tenure-track faculty members.
5. Beginning in the 2008 fall semester, each public institution of higher education would be required to increase part-time adjunct and other non-tenure-track faculty salary by a “sufficient amount to reduce the pro rata salary gap in each department, if one exists, by the fall semester of two thousand (2013), so that the Legislature's goal of pro rata pay shall be met.”

 

‘Salary gap’

6. In accomplishing this objective, no year’s pro rata salary gap between part-time adjuncts and other non-tenure-track salary and comparable full-time tenured or tenure-track salary in any higher education department cannot be “diminished by less than (15) percent from the previous year.”
7. The bill has provisions for providing health care to adjunct faculty and non-tenure-track faculty. Other provisions relate to pensions.

 

Other provisions

Other bill provisions require public higher education institutions to determine the “number of undergraduate courses taught by part-time adjunct faculty, other contingent faculty, tenure-track faculty and tenured faculty in each academic department.

Departments with at least 8 eight full-time equivalent faculty positions that do not meet the goal of having 75 percent of the courses taught by tenured or tenure-track faculty would be required to “increase the share of courses taught by full-time tenured or tenure-track faculty” so that by 2013 the Legislature's goal of 75 percent is met.

While higher education institutions would have “flexibility” in meeting this goal, in no year “shall there be in any department on any campus of each public institution of higher education a less than one- tenth reduction in the size of the gap between the percentage of undergraduate courses taught by tenured or tenure-track faculty and the Legislature's goal.”

Part-time adjunct and other non-tenure-track faculty would receive notice of teaching assignments in “coming terms…Each public institution of higher education shall create a process for ensuring that qualified non-tenure-track faculty members receive preferential consideration in attaining a tenure-track position when one becomes available, consistent with institutional and state affirmative action and other personnel policies,” with a statutory process outlined for such.

Each higher education institution would have to create a "Faculty Restoration and Equity Fund." The moneys in these funds would be used to meet the goals of the legislation.

The bill itemizes how these funds would be set aside.

There are several other provisions.

Sponsored by Sen. Hunter. Introduced Feb. 1. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb432%20intr.htm

 

Jackson’s Mill 4-H Camp Income Tax Check-off proposed

House Bill 2731. Under terms of this proposed legislation, persons would have the option of to donate some or all of their tax refund to the “Jackson’s Mill 4-H Camp Check off Program.”

Moneys would be used for camp operations.

There are five House sponsors, including lead sponsor Del. Mike Miley, D-Harrison. Introduced Jan. 30. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2731%20intr.htm

 

Higher education graduates would be exempt from paying income tax for two years post-graduation

House Bill 2783. Proposed §11-21-12h would exempt undergraduate students attending state colleges or universities as well as graduates of undergraduate programs of such state institutions for the first two tax years post-graduation, from the payment of state income tax.

The bill also provides that the undergraduate students and undergraduate graduates for the first two years after graduating shall pay 75 percent of any state income tax that they otherwise would owe to the particular institution or other qualified lending creditor they owe for student loans.

The Tax Commissioner is directed to propose legislative rules to effectuate the purposes of the bill.

Sponsored by Del. Walters. Introduced Feb. 1. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2783%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Teachers Retirement System (TRS)

 

Formerly employed CETA workers would be able to purchase TRS service credit

House Bill 2761. Revised §18-7A-17 would allow former Comprehensive Employment and Training Act (CETA) employees the ability to purchase of service credit in the state Teachers' Retirement System, based on their temporary CETA employment.

The bill specifies the cost of the service credit that would be purchased.

Sponsored by Dels. Harold Michael, D-Hardy, and Stalnaker. Introduced Jan. 31. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2761%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Public Employees Insurance Agency (PEIA)

 

PEIA premiums would be adjusted to reflect changes in deductibles

Senate Bill 433. Proposed revisions to §5-16-5 would adjust the percentage charged to employees for Public Employees' Insurance to reflect changes in deductibles, co-pays and coinsurance, including any reduced cost derived from decreases in utilization of medical or prescription drug costs.

The bill would also allow the investment of the Reserve Fund with the Investment Management Board and require that the interest earned to be credited to the retiree subsidy allocations.

Sponsored by Sens. Larry Edgell, D-Wetzel, and Bob Plymale, D-Wayne. Introduced Feb. 1. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb433%20intr.htm

 

PEIA would continue to maintain coverage for Medicare eligible employees

House Bill 2772. Proposed revisions to §5-16-7 would “ensure” that the Public Employees Insurance Agency continue to maintain medical and prescription drug coverage for Medicare-eligible retired employees.

Additionally, the bill provides that if a Medicare/Advantage Prescription Drug Plan should fail, the Public Employees Insurance Agency will take all Medicare-eligible retired employees back into the existing Public Employees Insurance Agency plan or provide another plan of equal or better coverage.

There are 11 House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Jan. 31. Referred to the House Health and Human Resources Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2772%20intr.htm

 

Public Employees Retirement System (PERS)

 

Measure relates to retired state Supreme Court of Appeals employees

Senate Bill 382. Under terms of this bill, would allow retired magistrates, magistrate clerks and other senior status employees retired from the Supreme Court of Appeals to work for the Court after retirement on a temporary or per diem basis and draw both their retirement benefits and up to $20,000 in compensation.

There are 14 Senate sponsors, including lead sponsor Sen. Michael Kessler, D-Marshall. Originating in the Senate Judiciary Committee Jan. 30.

 

PERS retirants would not face benefit reductions at age 65

Senate Bill 394. Proposed amendments to §5-10-25 would prevent a reduction in the annuity of a person who retires with disability retirement at age 65.

Sponsored by Sen. Kessler. Introduced Jan. 31. Referred to the Senate Pensions Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb394%20intr.htm

 

PERS subject to RIFs could pay back PERS benefits cashed-in

House Bill 2788. Proposed revisions to §5-10-18 would allow public employees with 15 or more years' service who were subject to reduction in force layoffs to pay back retirement benefits they cashed out of PERS.

There are four House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 1. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2788%20intr.htm

 

Unemployment Compensation

 

Unemployment Compensation could be received for time from work due to domestic violence

House Bill 2809. Proposed revisions to §21A-6-3 would allow for payment of Unemployment Compensation when a person misses work due to domestic violence.

The bill states that the employer is not chargeable for benefits paid when the worker is unable to work due to domestic violence but that the benefits are paid from the General Unemployment Compensation Fund provided under §21A-8 et seq.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 2. Referred to the House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2809%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

EDUCATION-RELATED

Child Welfare

 

Bill would expand newborn testing requirements.

Senate Bill 338. This legislation is the same as House Bill 2583 which was reviewed in the Jan. 29 issue of The Legislature.

The measure would include an extra battery of tests required of newborns.

There are six Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Jan. 29. Referred to the Health and Human Resources Committee, then  the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb338%20intr.htm

 

Measure concerns allocation of medical costs in child support situations

Senate Bill 388. Proposed amendments to §48-12-101 would clarify the procedure for setting medical support amounts in child support orders. The bill defines key terms and sets forth guidelines for the allocation of the amount of medical support, including premium costs, between the parties to a child support matter.

One bill provision states that if insurance coverage is available to either parent.

If the coverage were to exist, the court is responsible for ordering the “appropriate parent to enroll the child in that coverage and the cost of providing appropriate medical insurance” is to be included within the Basic Shared Parenting Child Support Calculations, as established by statute.

There are other provisions.

Sponsored by Sen. Prezioso. Introduced Jan. 31. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb388%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Child Advocacy Center Authority could be established

Senate Bill 407. This measure is the same as House Bill 2537 which was reviewed in the Jan. 29 issue of The Legislature.

The purpose of the legislation is to allow local officials to maintain facilities to house child advocacy centers which are defined as “safe places” for multidisciplinary members to interview abused and neglected children at the same time.

Sponsored by Sen. Unger. Introduced Jan. 31. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb407%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

“Imminent danger” considerations would be enhanced

House Bill 2713. Proposed revisions to §49-1-3, -6-3 and 6-5 would prohibit parents, guardians or custodians from allowing registered sexual offenders access to children in their custody.

The bill also defines key terms and makes technical changes for purposes of consistency.

One provision would identify "Imminent danger to the physical well-being of the child" as including situations where “the abusing parent, guardian or custodian's abuse of alcoholic liquor…or drugs or other controlled substance…has seriously impaired his or her parenting skills.”

There are 9 House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Jan. 30. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2713%20intr.htm

Measure would establish “Address Confidentiality Program.”

House Bill 2787. Proposed §3-1C-1 et. seq. The purpose of this bill is to enable interagency cooperation with the Secretary of State in providing address confidentiality for victims of domestic abuse, sexual assault, or stalking, and to enable state and local agencies to accept an address designated by the Secretary of State by a program participant as a substitute mailing address.

The program would become operational after July 1. It would allow an “adult person, a parent or guardian acting on behalf of a minor or a guardian acting on behalf of an incapacitated person (to) apply to the Secretary of State to have a designated address assigned by the Secretary of State to serve as the person's address or the address of the minor or incapacitated person.”

 

Application

In order to approve the application, it must be filed with the Secretary of State, based on the procedures and forms prescribed by that Office.

Once the application is approved, “state and local agencies and the courts may accept the designated address as a program participant's address when creating a new public record…” unless the agency has a “bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that it is unable to fulfill its statutory duties and obligations without the residential address…”      Under terms of the legislation, “the program participant's address or mailing address will be used only for those statutory and administrative purposes, and shall be kept confidential…”

 

Address may be made available

There are situations when a program participant’s address or mailing address can be made available for inspection or copying, including instances where “a commissioner of a state agency or the commissioner's designee in the manner provided for by rule and upon a showing of a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that the commissioner or the commissioner's designee is unable to fulfill statutory duties and obligations without the address or mailing address.”

Other disclosure information could be granted in regard to court orders.

The program participant’s application and supporting materials would not be considered as “public record(s) and must be kept confidential by the Secretary of State. Any employee of any agency or program who willfully breaches the confidentiality of these records shall be guilty of a felony and shall be confined in jail for a period of not less than one year or more than five years.”

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Feb. 1. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2787%20intr.htm

 

Employers could receive tax credit for providing child day care services for employees

House Bill 2812. Proposed §11-21-10b would allow a credit against corporate and personal income tax for employers who provide child day care services for employees.

Under terms of the bill, the credit couldn’t exceed $65,000 for “any taxpayer during any taxable year.”

The amount of the credit which exceeds the tax liability for a taxable year would be refunded to the “taxpayer.”

If the taxpayer is a partnership, the credit provided by this section would be claimed by the partners of the partnership in the same manner as partners account for their proportionate shares of the income or loss of the partnership.

The “aggregate amount” of credits claimed could not exceed $4 million for any fiscal year.

The bill has an additional section outlining how the program would affect a firm’s corporation net income tax.

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 2. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2812%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Crimes

 

Criminal penalty would be established for parent who engages in manufacture of controlled substances while child is present

Senate Bill 390. Proposed revisions to §49-6-5 and §61-8D-4 would make it a felony for “any person who has a child present in a home or other facility during the manufacture, possession or distribution of a controlled substance…”

If convicted, the individual(s) could receive a 10-35 year prison sentence.

In terms of a section of law regarding child abuse and neglect, the state would not be “required to make reasonable efforts to preserve the family if the court determines...the abusing parent or parents are found to have had the child present in the home or other facility during the manufacture, possession or distribution of a controlled substance…”

Sponsored by Sen. Unger. Introduced Jan. 31. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb390%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would prohibit open beer, alcohol containers in motor vehicle passenger areas

Senate Bill 417. Proposed amendments to §11-16-19 and §60-6-9 would prohibit open containers of nonintoxicating beer and alcoholic beverages in the passenger areas of motor vehicles on the public roads of the state.

A misdemeanor penalty is provided for a first offense violation and a felony penalty is provided for second or subsequent violations.

The bill is intended to conform the state's laws applying to the use and possession of beer and alcoholic beverages in motor vehicles with federal law.

Similar measures also have been introduced this session.

Sponsored by Sen. Unger. Introduced Feb. 1. Referred to the Senate Judiciary Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb417%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

News media would have limited immunity from disclosing information regarding gathering of news

House Bill 2735. Proposed §57-3-10 would establish a “qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party in interest to the proceeding.”

Information, however, could be disclosed in some situation such as instances where material is “relevant” to the controversy for which the testimony or production is sought or in cases where the information “cannot be reasonably obtained by alternative means.”

There are other provisions.

There are three House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Jan. 30. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2735%20intr.htm

 

Bill would increase fine for providing alcohol to those under age 21

House Bill 2745. Proposed revisions to §60-3A-24 would increase from $100 to $250 the penalty of providing alcohol to a person under age 21 along with imprisonment for up to 10, or both.

There are 10 sponsors, including lead sponsor Del. Locke Wysong, D-Jefferson. Introduced Jan. 30. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2745%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Governmental Entities

 

Auditor would set standards for archiving electronic requisition format

Senate Bill 342. Proposed revisions to §12-3-5 would allow the State Auditor to set standards for archiving electronic and paper documents related to requisitions.

There are four Senate sponsors, including lead sponsor Sen. Joe Minard, D-Harrison. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb342%20intr.htm

 

“Managing for Results Act” proposed

Senate Bill 375. Proposed §5A-1B-1 and §5A-1B-2 would create the West Virginia Managing for Results Act.

These are among its provisions:

• Agencies would establish various goals geared toward “long-term results” the agency wishes to achieve, with goals providing “support, clarity and…direction to the agency’s mission and (assisting in) the application of state resources toward a state managing for results comprehensive plan.
• “Managing for results” would be defined as a “a planning, performance measurement, and budgeting process that emphasizes use of resources to achieve measurable results, accountability, efficiency, and continuous improvement in state government programs…”
• Various missions and objectives would be required of agencies along with performance and efficiency measure, with the latter quantifying “the relationship between measures of the inputs used to produce goods or services and the measures of the outputs of these activities.”

Input measures

• The bill also calls for “input measures” which would quantify the amount of resources used to provide goods and services, and “outcome measures” which would quantify the results an agency achieves or the benefits citizens receive from an agency's activities, including measurements that quantify the “amount of goods and services produced by the agency” and quality measures as well, one of which would measure the “effectiveness of the agency in meeting agency objectives.”
• Under terms of the bill, a state comprehensive plan would be developed which is defined as a “statement of goals which serve as a broad directive for improving or making more cost effective state resources and services. The plan shall include no more than (10) statewide goals and (50-100) performance measures that describe the statewide progress towards its goals.”
• Agencies also would be required to develop strategic plans.

 

Review of Plans

The Secretary of Administration would review various agency goals which have to match requirements and provisions in the state Comprehensive Plan.

In submitting their budgets, agencies would be required to include various performance plan documentation and would also have to discuss “the agency’s progress in meeting its goals and performance measures and any challenges the agency has faced inn working toward its goals.”

The bill contains various other requirements, including provisions relating to internal controls to ensure reliability of data collected for performance measures as well as an identification of “the customers and stakeholders served.”

The Secretary of Administration would be responsible for monitoring and implementing the legislation.

There are several other provisions.

Sponsored by Sen. Unger. Introduced Jan. 30. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb375%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Only State Auditor would be able to receive direct deposit payments

Senate Bill 405. Proposed revisions to §12-3-4 would clarify state law so that only the Auditor receives authorization for direct deposit payments.

The bill also permits the Auditor to cease issuing paper warrants; and authorizing electronic notification for direct deposit payment.
Sponsored by Sen. Bowman. Introduced Jan. 31. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb405%20intr.htm

The House companion measure is House Bill 2708. There are five House sponsors, including lead sponsor Del. Poling. Introduced Jan. 30. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2708%20intr.htm

 

Tobacco Settlement Funds would include plan to assist farmers transition from tobacco farming

Senate Bill 409. Proposed revisions to §4-11A-3 and §19-1-4 as well as proposed §19-1-4e would, among other things, require that some Tobacco Settlement Fund dollars be directed toward assisting farmers to make the transition from growing tobacco to growing other crops or pursuing other agriculture-related businesses.

This would be accomplished through a Transition Program for Tobacco Farmers’ Fund which would derive its dollars from the state’s share of Tobacco Settlement Funds.

There are other provisions.

Sponsored by Sen. Karen Facemyer, R-Jackson. Introduced Jan. 31. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb409%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

Measure concerns securities investments

Senate Bill 438. This 17-page bill has various provisions which would permit the West Virginia Investment Management Board to invest in a more “diverse universe of investments” which, according to the Bill Note, would enhance the safety of the assets under management while enabling the board to better achieve its return objectives as markets evolve from time to time.

The bill specifies that all the investments are to be invested in accordance with the "prudent investor rule," and removes other statutory restrictions and limitations on investments managed by the board that conflict with the full application of the prudent investor rule.

Additionally, the modifies bonding requirements imposed on the board, to require more appropriate types and amounts of bonding and insurance coverage with respect to the operations, risks and exposures of the board while providing that the enumerated investment powers of the board are illustrative rather than restrictive, according to the Bill Note.

 

FOIA

The measure has several other provisions, including a section which states that some matters relating to investments would be exempt from disclosure under the Freedom of Information Act.

Finally, the bill provides that the investment powers of the board are to be liberally construed.

There are six Senate sponsors, including lead sponsor Sen. Dan Foster, D-Kanawha. Introduced Feb. 2. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb438%20intr.htm

The companion measure is House Bill 2771. There are seven House sponsors, including lead sponsor Del. Spencer. Introduced Jan. 31. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2771%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to placement of fire hydrants

House Bill 2709. Proposed revisions to §8-19-21 would require fire hydrants to be installed at 200-foot intervals on “all new installations of water mains” installed or upgraded on platted roadways or highways after July 1.

There are 11 House sponsors, including lead sponsor Del. Scotty Varner, D-Marshall. Introduced Jan. 30. Referred to the House Political Subdivisions Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2709%20intr.htm

 

Bill would establish means for developing state broadband policy

House Bill 2746. Proposed §5A-6A-1 et. seq. would establish a Connectivity Advisory Commission.

The commission's duties include the developing of a statewide broadband policy by January 10, 2008, as well as to develop and implement a plan to accurately map the location of broadband networks and areas where broadband is available in the state and develop a catalogue of resources and availability of broadband in the state.

There are eight House sponsors, including lead sponsor Del. Richard Browning, D-Wyoming. Introduced Jan. 30. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2746%20intr.htm

 

Measure concerns reportage regarding “disallowed federal funds”

House Bill 2752. Proposed revisions to §5-1-20 would require all “state officers, boards, commissions, departments and institutions which receive, manage or disperse federal funds in connection with any state activity (to) report to the governor, the Speaker of the House of Delegates and the President of the Senate within (60) days of receipt of written notice of a disallowance or potential disallowance of federal funds from any department of the government of the United States, which disallowance may, in any way, affect the fiscal condition of this state.

“The specific format and content of these reports shall be prescribed by the Governor by executive order.”

Sponsored by Del. Walters. Introduced Jan. 31. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2752%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

“State Payments for State Mandates Act” proposed

House Bill 2755. Proposed §4-13-1 et. seq. would create the State Payment for State Mandates Act.

It applies in those situations when state government mandates certain actions by counties, municipalities or county boards which require expenditures.

When a county, municipality or county board is required to incur expenditures without the tax resources to do so, the state is required to provide full funding for additional costs to the local governments before the county, municipality or county board would have to perform the state mandates.

Sponsored by Del. Walters. Introduced Jan. 31. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2755%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to selection of charge card vendor

House Bill 2807. Proposed revisions to §12-3-10a, 10d, and -10e would, among other things, stipulate that qualifications for selecting a state-endorsed charge card vendor would be “based upon the combination of competence and qualification in the provision of services and a determination of the best financial arrangement for the state.”

The has numerous other provisions relating to use of funds by the Auditor for general office expenses, and for creation of a new Special Revenue Revolving Fund in the state Treasury for administration by the Department of Administration.

There are other provisions.

There are five House sponsors, including lead sponsor Del. Iaquinta. Introduced Feb. 2. Referred to the House Government Organization Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2807%20intr.htm

 

Juveniles

 

Bill relates to permanency plans for juveniles

House Bill 2715. Proposed revisions to §49-5-21 would require the courts to enter an order stating whether or not the Department of Health and Human Resources made reasonable efforts to finalize a permanency plan for a child.

According to the bill note, “timely filing” of this order would make the state eligible for federal funds relating to child welfare.
There are 9 House sponsors, including lead sponsor Del. Mahan. Introduced Jan. 30. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2715%20intr.htm

 

Juveniles taken into custody would be placed first with Division of Juvenile Services

House Bill 2732. Proposed revisions to §49-5-8 would clarify that the law-enforcement agency that takes a juvenile into custody or places a juvenile under arrest is responsible for the juvenile's initial transportation to a juvenile detention center, or other Division of Juvenile Services residential facility.

The bill also specifies that a juvenile detention center, or other Division of Juvenile Services residential facility is not required to accept a juvenile if the juvenile appears to be in need of medical attention of a degree necessitating treatment by a physician.
There are three House sponsors, including lead sponsor Del. Perry. Introduced Jan. 30. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2732%20intr.htm

 

 

Table Games

 

Table gaming legislation proposed

Senate Bill 369. This 82-page bill would authorize, subject to passage of local option elections, table gaming activities at licensed horse and dog pari-mutuel racetracks in West Virginia. Only those provisions relating to revenue that would be derived from the ventures are reviewed.

Under terms of the bill, if table gaming was approved, the derived revenues would be divided as follows:

• 82.5 percent of net revenue would be paid into the state’s General Revenue Fund.
• 8.00 percent of net revenue would be used for payment of “regular racetrack purses.”
• 2.00 percent would be divided equally between the state Thoroughbred Development Fund and the state Greyhound Breeding Development Fund.
• 2.00 would be divided pro rata “based on relative adjusted gross receipts from the counties’ racetracks, among the counties where racetracks with authorized table games are located.”
• 2.00 percent would be divided pro rata among municipalities located in each county where the authorized table games are located.
• 1.00 percent would be provided to the individual racetracks “for and behalf of all employees of each licensed racing association…”
• .05 percent would be provided to municipal police and firefighters pension funds.
• .05 percent would be provided to the Deputy Sheriffs Pension System; and
• .05 percent would be paid to the state Tourism Promotion Fund.

While table gaming enterprises would be exempt from various taxes, including consumer’s sales tax, they would be responsible for paying real estate taxes.

The bill has numerous provisions.

There are four Senate sponsors, including lead sponsor Sen. Facemyer. Introduced Jan. 30. Referred to the Senate Judiciary Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb369%20intr.htm

The House companion bill is House Bill 2718. There are 10 House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Jan. 30. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2718%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Taxation

 

Consumers Sales Tax

High-technology business services would be exempt from sales tax

Senate Bill 352. Proposed revisions to §11-15-9h would provide a sales tax exemption for high technology services by removing the requirement that a high technology business must be fulfilling a government contract before the sales tax exemption for high technology service applies.

Sponsored by Sen. Unger. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb352%20intr.htm

 

Motor vehicle privilege tax would be converted to sales tax

Senate Bill 357. Proposed revisions to §17A-3-4 would change the privilege tax on motor vehicles to a sales tax.

Sponsored by Sen. Frank Deem, R-Wood. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb357%20intr.htm

 

Several professional services would be sales-tax exempt

Senate Bill 371. Proposed revisions to §11-15-8 would exempt several professional and personal services from the payment of the consumers sales tax, including physicians, lawyers, doctors, dentists, etc.

Sponsored by Sen. Facemyer. Introduced Jan.. 30. Referred to the Senate Judiciary Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb371%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Real Property

Measure concerns “natural resources” properties

Senate Bill 341. Proposed revisions to §11-1A-11 would exempt owners, other than corporations or partnerships, of 100 acres or less of contiguously connected real property from valuation and assessment as natural resources property.

Toward this end, the bill defines "small property owner" as an owner of one hundred or less acres of real property that is not a corporate entity or partnership.

Sponsored by Sen. Ron Stollings, D-Boone. Introduced Jan. 29. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb341%20intr.htm

The House companion measure is House Bill 2758. There are three House sponsors, including lead sponsor Del. Larry W. Barker, D-Boone. Introduced Jan. 31. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2758%20intr.htm

 

“Qualified Continuing Care” measure introduced

Senate Bill 406. Proposed §11-4-3 would include Qualified Continuing Care Retirement Communities under the provisions of the "Tax Limitations Amendment."

The bill also defines "Qualified Continuing Care Retirement Community" and "Qualified Resident."

The definitions are as follows:

"Qualified Continuing Care Retirement Community" means a continuing care retirement community: (A) owned by a corporation or other organization exempt from federal income taxes under the Internal Revenue Code; (B) used in a manner consistent with the purpose of providing housing and health care for residents; and (C) which receives no Medicaid funding.

For purposes of this section, a "continuing care retirement community" is a licensed facility at which independent living, assisted living and nursing care, if necessary, are provided to Qualified Residents.

"Qualified resident" means a person who contracts with a Qualified Continuing Care Retirement Community to reside there, in exchange for the payment of an entrance fee or deposit, or payment of periodic charges, or both.

Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Jan. 31. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb406%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Tobacco

 

Municipal courts would have jurisdiction over juveniles who violate tobacco use laws

Senate Bill 346. Proposed revisions to §16-9A-3 would grant municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.

Sponsored by Sen. Facemyer. Introduced Jan. 29. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb346%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would increase fines for minors’ tobacco usage

Senate Bill 423. Proposed revisions to §16-9A-3 would  increase the penalties for use or possession of tobacco or tobacco products by a person under age 18, eighteen years of age.

For a first offense the fine would be increased from $25 to $100 plus 40 hours community service (currently 8 hours).

For a second or subsequent violation, the fine would increase to $150, along with 60 hours community service along with revocation of the person's junior or graduated driver's license until age 18, or if the person does not yet have a junior or graduated driver's license, the person is ineligible to apply for any type of driver's license until age 18.

Sponsored by Sen. Facemyer. Introduced Feb. 1. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb423%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Tobacco-smoking would be prohibited in motor vehicles when minors present

House Bill 2803. Proposed revisions to §16-9a-10 would prohibit the smoking of tobacco products in a motor vehicle when a minor is present.
                  Sponsored by Del. Melvin Kessler, D-Raleigh. Introduced Feb. 2. Referred to the House Roads and Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2803%20intr.htm

 

Briefly

 

Senate Bill 339 would require a public hearing to be held prior to issuance of an initial license for a private club or upon transfer of a license to a private club at a new location…Senate Bill 344 would require employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management or other similar alcohol awareness education courses provided/approved by the Alcohol Beverage Control Commission…Senate Bill 399 would, among other matters relating to driver’s licenses, require an applicant to pay a fee for each attempt at the written examination prior to obtaining an instruction permit…Senate Bill 419 would provide a schedule of salary increases for Division of Juvenile Services employees (among other employees). There are other provisions….Senate Bill 420 would transfer in-service training programs from the state Tax Commissioner to the state Auditor’s Office for circuit clerks, among other elected county officials…Senate Bill 429 would prohibit a municipality from closing a fire department without advance approval of the state Fire Marshal’s office…Senate Bill 446 would provide a tax credit to businesses that invest in renovation of deteriorated property in cities…Senate Bill 447 relates to providing for specific minimum statutory requirements for opioid treatment centers…

House Bill 2703 would authorize students receiving instruction in fly-fishing to fly fish while under the supervision of an instructor without obtaining a license…House Bill 2719 would, among other things, provide the public access to purported scientific data or other information used as the basis for proposed legislative rules or statutory enactments…House Bill 2786 would require the governor to fill a judicial vacancy within 90 days after the vacancy occurs…House Bill 2811 would provide “meet-and-confer” rights to members of police or fire departments employed by political subdivisions…

         

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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