February 8, 2010 - Volume 30 / Issue 8
Overview
Inside
- Public Education
- Compulsory attendance
- Curricula
- Curricular Instructional Materials
- Public school employees
- Public School Support Program (PSSP)
- West Virginia Board of Education
- West Virginia Higher Education Policy Commission (HEPC)
- Teachers Retirement System (TRS)
- Public Employees Insurance Agency (PEIA)
- Public Employees Retirement System (PERS)
- Unemployment Compensation
- Education Related
- Briefly
Feb. 1-5, 2010 Session Bills Reviewed
By Howard M. O’Cull, Ed.D.,
West Virginia School Boards Association Executive Director
Listed below are West Virginia Senate and House of Delegates bills introduced Feb. 1-5, 2010.
The 60-day Second Regular Session of the 79th West Virginia Legislature will reach its half-way point Thursday, Feb. 11.
Feb. 22, the 41st day of the session, is the last day to introduce bills in the Senate and the House. (This does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.)
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 of 49 bills are reviewed.
For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org
Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us
Editor’s Note: Listing is not exhaustive.
PUBLIC EDUCATION
Compulsory attendance
Measure would increase compulsory attendance from age 16 to age 18
Senate Bill 433. Proposed revisions to §18-8-1a would raise the compulsory school attendance age from age 6 (or upon enrolling in a publicly-supported kindergarten program) until age 18 (currently age 16).
Sponsored by Sen. Truman Chafin, D-Mingo. Introduced Feb. 2. Referred to Senate Education then Senate Finance.
NOTE: Senate Education is scheduled to consider a measure that would raise the compulsory attendance until age 17.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB433 intr.htm&yr=2010&sesstype=RS&i=433
Similar proposals have been introduced/considered in a past legislative session or sessions.
Curricula
Measure would make technical Code section correction regarding county board member training
Senate Bill 391. Proposed revisions to §18-5-1a would correct a numbering error in state Code relative to county board member training.
There are three Senate sponsors, including lead sponsor Sen. Corey Palumbo, D-Kanawha. Introduced Jan. 29. Referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2010&sessiontype=RS
The House companion measure is House Bill 4245. Introduced Jan. 29. Referred to House Government Organization. There are five House sponsors, including lead sponsor Delegate Danny Wells, D-Kanawha.
Legislative reference unavailable as of February 1, 2010.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Curricular Instructional Materials
Measure stresses county board flexibility in acquiring “instructional resources”
House Bill 4349. According to the Bill Note, this 17-page measure, introduced on behalf of the state Department of Education, would enable “…county boards (to have) more flexibility in adopting vendor updated print and electronic instructional resources…”
The proposal would remove the statutory term “textbooks,” replacing it with “Instructional Resources.”
These resources would " include print materials, electronic resources and systems, or combinations of such instructional resources which convey information to the pupil.”
Instructional resources could consist of a “single resource, print or electronic, or a compilation of resources, print or electronic, that together cover the required criteria established for approval as a primary instructional resource. The resources may be updated or otherwise changed and improved on an ongoing basis to ensure that they are current and accurate.”
‘Waiver of adoption cycles’
The measure would allow “(county) board instructional resources adoption committees (to) request from the state (Board of Education) a waiver of the adoption cycles. Software, print and electronic magazines, print and electronic newspapers and other print and electronic periodicals (could) be purchased for classroom use to supplement those items adopted on the state multiple list without having to comply with the adoption procedures (proposed in the legislation).”
Bill provisions
These are among other bill provisions:- Software, print and electronic magazines, print and electronic newspapers and print and electronic periodicals are considered to be instructional resources for purposes of special excess levies.
- The state Board of Education is required to adopt “guidelines and procedures for updates and changes to electronic instructional resources submitted by vendors subject to the following:
- “The vendor of an adopted electronic resource, after notice of explanation to the State Board, may offer an update to the navigational features or management system, or both, related to the learning technology and may update the content of the learning technology as needed to accurately reflect current knowledge or information without change;
- Vendor changes to the electronic resources should not require the purchase of a new operating system during the established contract period; and
- Vendors will continue to provide support for the version adopted.”
- The Board may “create a standing committee of teachers and other education specialists, including a sufficient number with experience with electronic instructional resources, for each subject and grade level to review all new or revised instructional resources submitted after the initial approval and adoption process.”
- When selection and approval of multiple lists of instructional resources has been made by the state Board of Education that information is to be available through a page on the state Department of Education’s Website.
- If “all county superintendents” within a Regional Education Service Agency (RESA) agree, a “selection team may be established to conduct a review of selected resources placed on the state multiple list by the state Board of Education.
- “County boards adopting electronic instructional resources must ensure equity of access for all students at school and must have a plan to provide equity of access at home if necessary through alternate avenues including, but not limited to, print, software, and hardware support.”
RESA selection teams
“ The membership of the selection team will be established through agreement of the county superintendents with representation of all counties, including any nonvoting advisors from the general public.
“The selection team will provide recommendations to each county superintendent for consideration, review and adoption by each county board.
“County boards adopting electronic instructional resources must ensure equity of access for all students at school and must have a plan to provide equity of access at home if necessary through alternate avenues including, but not limited to, print, software, and hardware support.”
There are several other provisions.
Sponsored by Delegate M. Poling and Walter Duke, R-Berkeley. Introduced Feb. 4. Referred to House Education then House Finance.
Public school employees
Labor History Week would be set for week following Labor Day
House Bill 4343. According to the Bill Note, proposed § 18-10P-1 et. seq. is designed to “increase awareness and understanding of labor history and the contributions of workers to the state, nation and world by designating the annual observance of the week following the Labor Day Holiday as Labor History Week. "
“Moreover, this bill also (would require) public schools to provide instruction (within the ‘existing school curriculum’) on labor history, including West Virginia labor history, during Labor History Week.
“Schools (would) have flexibility in designing and implementing labor history instruction as long as the instruction is consistent with the purpose of this article.
“The expected cost of implementation of this legislation is minimal.”
Proposed bill language states: “By designating the week following the Labor Day Holiday as Labor History Week, students and the public will have the opportunity to learn about labor history, collective bargaining, labor management relations and the contributions that workers have made to society and the workplace.”
Curricular instruction, based on bill provisions, would be “…integrated into the existing school curriculum in a manner such as, but not limited to, creating new lesson plans, supplementing existing lesson plans, holding school assemblies or providing other school activities.
“The instruction may be delivered by school administrators, teachers or by guest speakers.”
The measure also relates to state higher education institutions.
The Legislature, under terms of the bill, is also encouraged to recognize Labor History Week through adopting concurrent resolutions that, among other things, recognize “leaders in labor management relations, West Virginia’s ‘rich labor history, and the “contributions working people have made to society and the workplace.”
Several organizations are suggested as sources of information relating to Labor History Week including the West Virginia University Extension Service Institute for Labor Studies and Research.
A final bill provision states the Labor History Week proposal is not intended to “create a burden, financial or otherwise, for public schools, teachers or state institutions of higher education.”
There are other provisions.
There are 11 House sponsors, including lead sponsor Delegate Mary Poling, D-Barbour. Introduced Feb. 4. Referred to House Education.
NOTE: There is no House Finance reference.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4343 intr.htm&yr=2010&sesstype=RS&i=4343
West Virginia employers would be required to verify legal employment status of all workers
House Bill 4266. The purpose of this proposed legislation is to require “…all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 - Public Law 104-208, Division C, Section 403(a); 8 U.S.C. Section 1324a, (which is) operated by the United States Department of Homeland Security.
This is known as the “E-Verify Program.”
There are some proposed definitional revisions relative to verifying legal employment status of workers.
County boards would have to implement bill provisions by no later than Jan. 1, 2011.
There are other provisions.
There are nine House sponsors, including lead sponsor Del. Rick Moye, D-Raleigh. Introduced Feb. 2. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Judiciary.
Reference:http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4266 intr.htm&yr=2010&sesstype=RS&i=4266
Standards to be established for high school athletic directors
House Bill 4290. Proposed revisions to §18A-1-1 and proposed §18A-2-9a would establish standards for high school athletic directors.
These are among bill provisions:
- County boards would be required: to “…employ and assign through written contract, athletic directors to supervise the management and the operation of high school athletic activities at the school to which they are assigned. An athletic director shall hold valid credentials appropriate for his or her assignment.”
- In order to be assigned as an athletic director, the individual must be West Virginia certified professional educator. He or she would have to comply with “one of the following education requirements…:
- A college degree in athletic administration;
- A masters degree in educational administration; or
- Completion of Leadership Training Classes provided through the National Interscholastic Athletic Administration Association (NIAAA) Leadership Training Program that are required to become a certified athletic administrator;
- Persons employed in the capacity of athletic director during, or prior to, the 2009 - 2010 school year are exempt from the prerequisites set forth in subsection (a), except that the person must complete the Leadership Training Courses established above.
- “Under the supervision of the school principal and in accordance with the rules of the county board of education, the athletic director shall assume administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school for which he or she is assigned.”
- These responsibilities include:
- Supervision of games;
- Overseeing the athletic budget;
- Hiring of game officials;
- Scheduling athletic contest; knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules;
- Maintaining proper records as required by West Virginia Secondary Schools Activities Commission (WVSSAC) participation;
- Scheduling transportation for athletic teams;
- Preparing and verifying athletic eligibility lists;
- Supervising, observing and evaluating coaches;
- Securing all needed personnel for basic athletic event operations;
- Procuring and caring for athletic equipment; and
- Other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
- “When needed,” county boards are “required (to) employ and assign through written contract, assistant athletic directors who shall work under the direction of the school principal and athletic director.“
These assistant athletic directors would be required to hold “valid credentials appropriate for his or her assignment.”
- Beginning on July 1, 2010, the prerequisite for assignment as a high school assistant athletic director is the completion of the Leadership Training Courses described above.
- Any person employed in the capacity of assistant athletic director during, or prior to, the 2009 - 2010 school year is exempt from the prerequisites proposed above except that the individual “must complete the Leadership Training Courses” within three years after the bill’s enactment.
‘Requirements’ for position
Athletic director’s responsibilities
Assistant athletic directors
Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 2. Referred to House Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4290 intr.htm&yr=2010&sesstype=RS&i=4290
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would extend the expiration date of employment of retired teachers beyond the post-retirement employment limit
House Bill 4324. NOTE: This bill will be discussed in the Feb. 12 issue of The Legislature.
There are 11 House sponsors, including lead sponsor Del. M. Poling. Introduced Feb. 3. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2010&sessiontype=RS
Similar proposals have been introduced/considered in a past legislative session or sessions.
Professional educators’ “academic speech’’ would be protected
House Bill 4340. Proposed §18a-5-9 would disallow “an employee in West Virginia public schools may not be disciplined, denied employment or denied promotion based upon his or her speech, research or writing related to public issues: Provided, That nothing herein protects speech or actions that constitute a crime or otherwise prohibited by law. This section does not limit a school board's rights to set curriculum and academic standards.”
Provisions also apply to higher education professional educators.
There are seven House sponsors, including lead sponsor Delegate Barbara Fleischauer, D-Monongalia. Introduced Feb. 4. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Persons graduating from seminaries would be granted credit for purposes of professional educator pay
House Bill 4345. Proposed revisions to §18A-4-1 would modify the definition of “doctorate,” for teacher salary purposes to mean “…a doctor's degree, earned from a university qualified and approved to confer such a degree or a degree earned from a seminary, theological college or school of divinity, which has been issued to or the requirements for such have been met by a person who qualifies for or holds a professional certificate or its equivalent.”
Sponsored by Del. John Miller, R-Berkeley. Introduced Feb. 4. Referred to House Education then House Finance.
Bill would allow county superintendents to employ substitute service personnel without their such employment “counting” against provisions of the state’s Public School Support Program (PSSP)
House Bill 4377. The purpose of this legislation, which is the companion to Senate Bill 132, would give county school superintendents more flexibility and ease in placing service personnel workers in positions of need on a day-to-day basis, according to the Bill Note.
There are four House sponsors, including lead sponsor Delegate Fleischauer. Introduced Feb. 5. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
State Department of Education proposes alternative principal preparation programs for certification purposes
House Bill 4378. Proposed revisions to §18A-3-1a would outline the minimum requirement for a state Board of Education rule designed to establish an alternative program leading to certification as a principal in the public schools.
To be eligible for an alternative program principal certificate, an applicant would have to:
- “(Possess) at least a master's degree from a regionally accredited institution of higher education in a field related to the public school program;
- Be of good moral character and physically, mentally and emotionally qualified to perform the duties of a principal, and have attained the age of eighteen years on or before October 1, of the year in which the alternative program principal certificate is issued;
- Have been offered employment by a county board in an administrative position; and
- Qualify following a criminal history check…”
Persons who satisfy these requirements would be granted a formal document which will enable them to work in a public school in West Virginia.
Alternative principal education programs/potential providers
State Board of Education rules would have to contain provisions for “…approval of alternative principal education programs which may be offered by schools, school districts, and consortia of schools or Regional Education Service Agencies (RESAs).”
“ An approved alternative principal education program shall be in effect for a school, school district, consortium of schools, or (RESA) before an alternative program principal may be employed in that school, school district, consortium of schools, or (RESA).”
Alternative principal education programs would be required to have the following “minimum” requirements:
- “Instruction in interpersonal and collaborative skills, establishing and supporting a learning mission, student learning, building and sustaining culture, promoting continuous professional growth, support systems for student success, managing operations, connections to family and community, and the continuous improvement process; and
- “An intensive two-year induction that provides essential support through a professional support team lead by a qualified mentor.”
There are other provisions.
Sponsored by Dels. M. Poling and Duke. Introduced Feb. 5. Referred to House Education then House Judiciary.
Measure relates to eligibility for a teacher’s license for candidates who aren’t US citizens
House Bill 4380. Proposed revisions to §18A-3-2 would provide a means for a candidate from a foreign country to be able to receive a license to teach in the state’s public schools.
In order to meet the proposed requirements, “a candidate from a foreign country may be eligible for a license to teach in the public schools of the state by: (1) Obtaining a satisfactory score on a test of English language proficiency; (2) providing evidence of a resident alien card; and (3) meeting other requirements established by the (State Board of Education.)”
Sponsored by Dels. M. Poling and Duke. Introduced Feb. 5. Referred to House Education then House Judiciary.
Public School Support Program (PSSP)
Bill would disallow use of assumed assessed values for purposes of calculating local share
House Bill 4306. Among other things, this measure would remove statutory provisions for using assumed assessed values for the purpose of computing local share in the state’s Public School Support Program (PSSP).
There are several other provisions.
NOTE: This legislation will be the subject of an article in a future issue of The Legislature.
There are three House sponsors, including lead sponsor Delegate M. Poling. Introduced Feb. 3. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
West Virginia Board of Education (WVBE)
Measure relates to low-performing school accreditation status
House Bill 4383. According to the Bill Note, the purpose of this proposed legislation is to enable the state Department of Education to intervene in a more timely fashion to assist a school to improve before more substantive interventions would ensue.
The bill amends current law so that “results of the most recent statewide assessment in reading and math or other multiple measures as determined by the state Board of Education that place the school in the bottom five percent of performance at the programmatic level” is an additional reason for intervention.
A second proposed revision would require the state Board of Education to appoint a team of improvement consultants from the “West Virginia Department of Education State System of Support to make recommendations for correction of the low performance.”
(Language would be stricken which refers to the team making recommendations within 60 days of its appointment.)
Any recommendations of the Department’s State System of Support are to be communicated to the county board along with “a process established in conjunction with the State System of Support to correct identified deficiencies.”
If progress is not made a “date certain” – currently “within six months” – from the time the county board receives the recommendations, the state Board of Education is to place the county board on temporary accreditation approval status.
Another proposed provision, relating to immediate intervention in schools or county school districts, would “…require the school or school system to work collaboratively with the West Virginia Department of Education State System of Support…”
Sponsored by Dels. M. Poling and Duke. Introduced Feb. 5. Referred to House Education.
West Virginia Higher Education Policy Commission (HEPC)
“FACTS for Higher Education proposed”
Senate Bill 480. This proposed legislation, contained in a 105-page bill, would create "FACTS for Higher Education" by establishing Fair, Accountable, Credible, Transparent, and Systematic mechanisms to determine classification status and compensation for classified employees in public higher education organizations, according to the Bill Note.
This legislation will be the subject of a future The Legislature article.
There are 14 House sponsors, including lead sponsor Sen. Bob Plymale, D-Wayne. Introduced February 5. Referred to Senate Education then Senate Finance.
Marshall University and Technical College would become MountWest Community and Technical College
House Bill 4263. The purpose of this legislation is to change the name of Marshall University and Technical College to MountWest Community and Technical College.
Sponsored by Del. Jim Morgan, D-Cabell. Introduced Feb. 1. Referred to House Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4263 intr.htm&yr=2010&sesstype=RS&i=4263
Bill would provide tax credit for full-time nursing faculty members
House Bill 4375. The purpose of this legislation is to provide a $3,500 tax credit for full-time nursing educators in the state. The bill sets forth the criteria for the credit. They include:
- The tax credit only available during the tax year it is granted and is not available to adjunct faculty members or other part-time nursing instructors.
- The tax credit is not refundable and may only be used to offset or reduce a tax liability.
- If the amount of the credit exceeds the taxpayer's liability for the taxable year, the amount that exceeds the tax liability may not be carried over to subsequent years; and,
- The tax credit may not be applied against a person's tax liability until all other credits available to the taxpayer have been applied.
The bill also grants rulemaking authority to Tax Commissioner.
There are other provisions.
There are nine House sponsors, including lead sponsor Del. Mike Ross, D-Randolph. Introduced February 5. Referred to House Education then House Finance.
Teachers Retirement System (TRS)
$1,000 cost-of-living adjustment proposed; includes TRS members
House Bill 4317. Under terms of this bill, a $1,000 cost-of-living adjustment to retirement benefits would be paid to any TRS retiree who currently receives an annual retirement annuity.
(The cost-of-living adjustment is subject to any applicable limitations under section 415 of the Internal Revenue Code of 1986.)
The cost-of-living adjustment provided by this section would be “payable pro rata to any beneficiaries of a qualifying retiree who currently receives an annuity or other benefit payable by (TRS).”
The bill has a final provision, as relating to TRS retirees, which says it is the “…intent of the Legislature that the cost-of-living adjustment…be retro- active to July 1, 2009, when the budget surplus was realized.”
The cost-of-living adjustment would be paid in full by June 30, 2010.
Sponsored by Del. Ralph Rodighiero, D-Logan. Introduced Feb. 3. Referred to House Pensions and Retirement then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public Employees Insurance Agency (PEIA)
Bill clarifies that PEIA Finance Board may offset annual retiree premiums held in Benefit Trust Fund
Senate Bill 442. The purpose of this bill is to clarify that the Public Employees Insurance Agency Finance Board may offset annual retiree premium increases with amounts held in the Benefit Trust Fund.
Sponsored by Sen. Walt Helmick, D-Pocahontas. Introduced Feb. 2. Referred to Senate Pensions then Senate Finance.
The House companion measure is House Bill 4303. There are four House sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. Introduced Feb. 2. Referred to House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4303 intr.htm&yr=2010&sesstype=RS&i=4303
Measure outlines dependents of deceased PEIA members who can participate in major medical group plans
Senate Bill 446. This measure would clarify that surviving spouses and dependents of deceased public employees may only participate in major medical group plans.
Sponsored by Sens. Helmick and Jeff Kessler, D-Marshall. Introduced Feb. 2. Referred to Senate Judiciary then Senate Finance.
The House companion is House Bill 4301. There are four House sponsors, including lead sponsor Del. White. Introduced Feb. 2. Referred to House Banking and Insurance then House Finance.
Bill relates to nonstate retired employees and PEIA coverage
Senate Bill 447. This measure would require nonstate retired employees who have worked for their last nonstate employer for less than five years to be responsible for their entire premium cost for coverage.
Sponsored by Sens. Helmick and Kessler. Introduced Feb. 2. Referred to Senate Government Organization then Senate Finance.
The House companion measure is House Bill 4299. There are four House sponsors, including lead sponsor Del. White. Introduced Feb. 2. Referred to House Banking and Insurance then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Imposition of preexisting condition limitations would be prohibited for PEIA members
Senate Bill 449. The purpose of this bill is to prohibit imposition of preexisting condition limitations on employees under the West Virginia Public Employees Insurance Act, while limiting the occasions upon which employees may enroll or make benefit changes.
Sponsored by Sens. Helmick and Kessler. Introduced Feb. 2. Referred to Senate Judiciary then Senate Finance.
The House companion is House Bill 4300. There are four House sponsors, including lead sponsor Delegate White. Introduced Feb. 2. Referred to House Banking and Insurance then House Finance.
Bill relates to permissive PEIA participation
Senate Bill 450. The purpose of this bill is to exempt public employees and public employers from the requirements of the insurance provisions of code relating to group life insurance, accident and sickness insurance and group accident and sickness insurance.
Sponsored by Sen. Helmick. Introduced Feb. 2. Referred to Senate Banking and Insurance then Senate Finance.
Refer to House Bill 4298 which is the companion measure. There are four House sponsors, including lead sponsor Del. White. Introduced Feb. 2. Referred to House Banking and Insurance then House Finance.
PEIA could promulgate rules for underwriting requirements for nonstate employers
Senate Bill 475. The purpose of this bill is to authorize the Director of the Public Employees Insurance Agency to promulgate rules for underwriting requirements for nonstate employers which participate with the agency.
Sponsored by Sens. Helmick and Kessler. Introduced Feb. 4. Referred to Senate Pensions then Senate Finance.
The House companion measure is House Bill 4321. There are four House sponsors, including lead sponsor Del. White. Introduced Feb. 3. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Measure relates to contraceptives coverage for health insurance plan dependents
House Bill 4272. The purpose of this bill is to expand applicability of Prescription Fairness Act requirements to dependants covered by health insurance plans as relating to contraceptive coverage.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 2. Referred to Senate Banking and Insurance then Senate Judiciary.
Public Employees Retirement System (PERS)
Bill would require PERS to report municipal retirement liabilities
Senate Bill 434. This bill would require the West Virginia Consolidated Public Retirement Board to annually report to each participating municipality the liabilities of current and former employees for which the municipality is responsible, and to require the board to propose rules for legislative approval to permit a municipality to make payments on a delinquency.
Sponsored by Sen. Clark Barnes, R-Grant. Introduced Feb. 2. Referred to Senate Pensions then Senate Finance.
Transfer procedures from Higher Education Retirement Plan to PERS outlined
Senate Bill 454. Under provisions of this bill, any former state higher education employees who become members of the Public Employees Retirement System may transfer credit in their Higher Education Retirement Plan to the Public Employees Retirement System. The bill provides definitions; provisions for conversion of assets; service credit in the Public Employees Retirement System following transfer, vesting and minimum guarantees.
Sponsored by Sen. Richard Browning, D-Wyoming. Introduced Feb. 3. Referred to Senate Pensions then Senate Finance.
PERS retirees could be employed by county or municipality without benefits decrease
Senate Bill 468. The purpose of this bill is to permit retirants receiving benefits from the West Virginia Consolidated Public Employees Retirement System to be employed by a county or municipality without a decrease in their annuity payments.
Sponsored by Sen. Barnes. Introduced Feb. 4. Referred to Senate Pensions then Senate Finance.
Unemployment Compensation
Employees having left employment for various reasons would be permitted to receive Unemployment Compensation benefits.
House Bill 4332. The purpose of this proposed legislation would be to permit employees who have left employment due to being a victim of domestic violence, sexual assault or stalking to be eligible for Unemployment Compensation benefits.
Additionally, the bill also would permit employees who have left employment to care for disabled or ill immediate family members to be eligible for Unemployment Compensation benefits.
Finally, the bill would permit employees who have left employment due to the transfer or relocation of a spouse to be eligible for unemployment compensation benefits.
There is an extensive definitions section.
There are several other provisions.
Sponsored by Del. Nancy Guthrie, D-Kanawha. Introduced Feb. 4. Referred to House Judiciary then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Receipt of annuity, pension or retirement pay would not bar one from receiving Unemployment Compensation benefits
House Bill 4363. This bill would remove the receipt of an annuity, pension or other retirement pay as a disqualification for Unemployment Compensation benefits.
There are three House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Feb. 5. Referred to House Judiciary then House Finance.
EDUCATION-RELATED
Child Welfare
Measure relates to subsidized adoption and legal guardianship
Senate Bill 451. The purpose of this proposed legislation is to provide conformity of state statutes with the federal Adoption and Safe Families Act. Including provisions relating to circumstances under which adoption or legal guardianship subsidies are available. (These are funds appropriated to the Department of Health and Human Resources and available for children who are legally free for adoption but are dependents of the department or child welfare agency licensed to place children for adoption. A subsidy for legal guardianship may not require surrender or termination of parental rights.)
To be eligible for either an adoption subsidy or the legal guardianship subsidy, placement must be difficult due to several factors, including the physical or mental disability of the child, the emotional disturbance of (the) child, age of the child, ethnicity and other factors.
The bill has several other provisions.
Sponsored by Sen. Kessler. Introduced Feb. 3. Referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB451 intr.htm&yr=2010&sesstype=RS&i=451
Information relative to domestic violence would be shared between and among various agencies
House Bill 4361. The purpose of this bill would be to repeal current law prohibiting the state from sharing domestic violence information with other governments.
It would also broaden the definition of "law- enforcement agency" so that the division of the Supreme Court that oversees the domestic violence database can share information with the federal government and its agencies.
According to the Bill Note, at the time these sections were enacted, West Virginia was not participating in the National Domestic Violence Registry.
The Note says the state Supreme Court now actively shares information with the federal government and receives grant moneys to develop and promote its domestic violence prevention programs.
A final section of the Bill Note says West Virginia will not be eligible to receive this grant money in the future if it does not continue to participate in the building of the federal database.
There are 10 House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Feb. 5. Referred to House Judiciary.
12-month CHIPs waiting period would be eliminated
House Bill 4373. The purpose of this bill is to eliminate the twelve-month look-back period for children who have participated in employer sponsored health plans for coverage under the Children's Health Insurance Program.
There are 11 House sponsors, including lead sponsor Del. Sammy Cann, D-Harrison. Introduced Feb. 5. Referred to House Banking and Insurance then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Crimes
Bill would limit liability for anticipated automatic external defibrillator users who are not health care providers
Senate Bill 422. The purpose of this bill is to limit liability for anticipated automatic external defibrillator users who are not health care providers (as defined in pertinent sections of statute relating to health issues).
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Feb. 1. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB422 intr.htm&yr=2010&sesstype=RS&i=422
Operating motor vehicle while sending a text-based communication would be prohibited
Senate Bill 438. As with other bills relating to this subject, this proposal would create the misdemeanor offenses of operating a motor vehicle while writing, reading or sending a text-based communication and using a wireless communication device to send or receive conversation while operating a motor vehicle.
There are various exemptions, some of which would apply to school bus operators.
There are four Senate sponsors, including lead sponsor Del. John Unger, D-Berkeley. Introduced Feb. 2. Referred to Senate Transportation and Infrastructure then Senate Judiciary.
Also refer to House Bill 4344. There are eight House sponsors, including lead sponsor Del. Dale Martin, D-Putnam. Introduced Feb. 4. Referred to House Roads and Transportation then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Disturbing the peace would become a criminal offense
Senate Bill 456. Introduced in past sessions, the purpose of this legislation is to create an offense of “disturbing the peace” through such means as loud music, revving automobile engines, harboring barking dogs, etc.
It also includes a provision relating to “disruptive parties,” meaning parties that “disturb the peace.”
Under these provisions, no person may “knowingly congregate because of, or participate in, any party or gathering of two or more people from which noise emanates of sufficient volume or of such nature to reasonably disturb the peace, quiet, or repose of other persons.”
Law enforcement officials could disperse noisy party patrons.
Additionally, it would be illegal for any owner or tenant of the building or place who has the knowledge of the disturbance to fail or refuse to immediately abate the disturbance.
There are other provisions.
Sponsored by Sen. White. Introduced Feb. 3. Referred to Senate Judiciary then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB456 intr.htm&yr=2010&sesstype=RS&i=456
Similar proposals have been introduced/considered in a past legislative session or sessions.
Measures relate to sex offenders
House Bill 4258. This proposed legislation would require sex offenders to verify their e-mail and other online identities in the same way as they register their physical address.
There are nine House sponsors, including lead sponsor Del. Bob Beach, D-Monongalia. Introduced Feb. 1. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4258 intr.htm&yr=2010&sesstype=RS&i=4258
A related bill, House Bill 4287, would deny persons convicted of a crime against minors, under the provisions of the West Virginia Computer Crime and Abuse Act, Internet access as part of punishment and penalty for that crime.
There are seven House sponsors, including lead sponsor Del. David Walker, D-Clay. Introduced Feb. 2. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Two bills concern bearing of firearms, including proposed revisions of the state’s Safe Schools Act
House Bill 4305. Having provisions similar to Senate Bill 164, House Bills 4305 and 4325 would make a number of revisions in state statutes regarding bearing of firearms, including – it would appear – revisions in the state’s 1995 Safe Schools legislation. Senate Bill 164 relates to firearms and the Capitol and House Bill 4325 also concerns, in many ways, hunting-related issues.
These bills will be the subject of future reportage in The Legislature.
House Bill 4305 is sponsored by Del. Doug Reynolds, D-Cabell. Introduced Feb. 2. Referred to House Judiciary.
Del. D. Walker sponsored House Bill 4325. Introduced Feb. 3. Referred to Natural Resources then Senate Judiciary.
The reference for House Bill 4325 is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4325 intr.htm&yr=2010&sesstype=RS&i=432
Governmental Entities
Measure relates to ‘green standards’ for public buildings
Senate Bill 474. Similar to House Bill 4008 which is reviewed in the January 18, 2010, issue of The Legislature, this measure calls for adoption of “green building standards” for the construction or renovation of public buildings over 50,000 square feet in size.
Sponsored by Sen. Unger. Introduced Feb. 4. Referred to Senate Transportation and Infrastructure then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Project labor agreements would be prohibited on state-funded construction contracts
House Bill 4357. Proposed revisions to §5A-3-10d would prohibit project labor agreements on state-funded construction projects.
Under terms of the proposed legislation when a public agency seeks to procure contractor or subcontractor services, agency representatives would not be required to “do any of the following:
- “Enter into agreements with any labor organization on the public improvement; or
- Enter into any agreement that requires the employees of that contractor or subcontractor to do any of the following as a condition of employment or continued employment:
- Become members of or affiliated with a labor organization;
- Pay dues or fees to a labor organization; or
- Discriminate against bidders, offerors, contractors, or subcontractors for entering or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations.”
There are other provisions.
There are three bill sponsors, including Del. Daryl Cowles, R-Morgan. Introduced Feb. 5. Referred to Senate Government Organization then Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
“Local labor’ would be required for public construction projects
House Bill 4359. Introduced in past legislative sessions, this measure would require use of local labor for public construction projects, according to the Bill Note.
The Note says such would be accomplished by making the following statutory revision, namely redefining the term "construction project" to mean “any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract in an amount equal to or greater than $250,000 (currently $1 million).”
The term "construction project" would not include temporary or emergency repairs.
The bill also would reduce the amount of miles for the local labor market to 50 miles.
There are other provisions.
There are eight House sponsors, including lead sponsor Del. Daniel Poling, D- Wood. Introduced Feb. 5. Referred to House Government Organization then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4359 intr.htm&yr=2010&sesstype=RS&i=4359
Similar proposals have been introduced/considered in a past legislative session or sessions.
Briefly...
Senate Bill 423 would provide a tax incentive to dental practitioners who perform dental services at no cost to indigent patients…Senate Bill 427 would rename the West Virginia Parkways, Economic Development and Tourism Authority as the West Virginia Parkways Authority, authorizing the Authority to sell revenue bonds for new parkways projects or to construct portions of certain highway upgrades. The Authority would be able to toll those portions after construction. There are other provisions…Senate Bill 444 would increase the maximum cash award the state Employee Suggestion Award Board could make, setting the figure at a potential $16,000…Senate Bill 445 would allow the City of Fairmont to hold a levy election on June 8, 2010…Senate Bill 453 would provide subscribers to the state Register a less expensive option of using electronic media for such…Also refer to the companion measure, House Bill 4319…Senate Bill 458 would specify that portions of the coalbed methane severance tax be distributed to producing counties in an amount at least equal to the share received by non-producing counties. House Bill 4337 is the House measure…Senate Bill 459 would require a majority of the total number of persons to be appointed to certain boards and commissions to have been confirmed by the Senate in order to validly take actions that implement or continue a program that affects the statutory rights or privileges of a class of persons, or that generate or could generate at least $1 million a year in revenue to the state…Senate Bill 463 would set up a procedure for counties to use to ensure records management, access and preservation…Senate Bill 471 would increase the amount county clerks may charge for copies from 50 cents to $1 per page…Senate Bill 476 would establish creation of an Innovation and Development program which is designed to attract and support capital investment in innovation-driven enterprises in West Virginia through a combination of direct annual investment by the state in seed capital, venture capital and other equity and debt investments in West Virginia, according to the Bill Note…Senate Bill 477 would establish a centralized filing system for reports required to be filed with the Legislature, Legislative Manager, Legislative Auditor, President of the Senate, Speaker of the House, and the Joint Committee on Government and Finance. Also refer to House Bill 4328, the House version…Senate Bill 481 would “prevent grants-in-aid awarded to libraries by the Library Commission from being based on the amount of local funds received by the library in the previous fiscal year,” according to the Bill Note…Senate Bill 487 would require workers to receive 20 consecutive minutes for meal breaks and 15-minute rest periods for each four hours worked…Senate Bill 491 would create the Unintentional Pharmaceutical Drug Overdose Fatality Review Team…Senate Bill 493 would enact the West Virginia Economic Development Act of 2010 consisting of the Twenty-first Century Business Technologies Property Valuation Act and the Twenty- First Century Tax Credit Act, the purpose of which is to encourage the development and use of emerging technologies to create good jobs and grow West Virginia's economy, as stated in the Bill Note…Senate Bill 495 would require magistrates to have at least a college bachelor’s degree, an associate’s degree in criminal justice or four years’ experience as a magistrate if one does not have a Bachelor’s degree…
House Bill 4264 would require manual counting of ballots in five percent of the relevant precincts in only contested elections…Also refer to House Bill 4292, some of whose provisions relate to magistrates’ training requirements…House Bill 4281 would remove references to “mentally retarded” and “mental retardation” in healthcare-related legislation, replacing such with “intellectually disabled,” person with an “intellectual disability” and “intellectual disability”…House Bill 4383 would exempt recreational vehicles owned by a state resident who is age 70 or older from ad valorem taxes…House Bill 4294 would require a county depository to execute a bond only for public funds deposited in amounts exceeding the amount that is insured by an agency of the federal government…House Bill 4313 would make persons advocating passage or defeat of a public question (via referendum) to be subject to election law reporting requirements. A related measure is House Bill 4334, which would provide general rules for all county and municipal referendum votes…House Bill 4331 would establish seniority rights for public employees…House Bill 4352 would authorize the state Supreme Court to create a Business Court Division within some circuit court districts…House Bill 4365 would increase the maximum amount in controversy in magistrate court from $5,000 to $15,000…House Bill 4368 would create an Equal Pay Coordinator within the Governor’s Office to “ensure pay equity among state employees,” based on Bill Note language.
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