WVSBA The Legislature

February 11, 2008 - Volume 28 / Issue 10

Overview Info

Inside

Feb. 4 - Feb. 8, 2008 Session Bills Reviewed


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

Listed below are West Virginia Senate and House of Delegates bills introduced  Feb. 4-8, 2008

Today is the 34th day of the 2008 regular session.

Feb, 18 is the last day to introduce bills in the Senate. Feb. 22 is the last day to introduce bills in the House of Delegates. (These deadlines do not apply to supplementary appropriations bills, bills originating in committee or resolutions.)

The 60-day 2008 legislative session concludes March 8.  

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 50 bills are reviewed, including Senate Bill 595,, a major proposal relating to public and higher education accountability for the 21st Century.

In some cases, bill underlining may be utilized to show proposed statutory language or language revisions.
For a copy of any bill, please contact WVSBA: 304.346.0571 or email me: hocull@wvsba.org

 

PUBLIC EDUCATION


Bill would lower ratio of pupils per attendance director; relates to attendance directors’ certification and provides salary increases


Senate Bill 569. Proposed revisions to §18-8-3 would require county boards to employ one attendance director per 2,500 students in net enrollment. (The current ratio is one attendance director per 4,000 students.)

Additionally, the bill would waive additional certification for attendance directors who hold degrees in social work that has been accredited by the Council on Social Work Accreditation.

County boards would be required to offer a salary incentive for attendance directors if that director has earned a professional degree in social work that is accredited by the Council on Social Work Accreditation.

Sponsored by Sen. Jon Blair Hunter, D-Monongalia. Introduced Feb. 5. Referred to the Senate Education Committee then the Senate Finance Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb569%20intr.htm

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

 

 

Bill would provide additional days for professional development, increase employment term for teachers and change Instructional Support and Enhancement Days to Professional Development days


Senate Bill 607. Proposed revisions to §18-5-45 would add two days to the employment term for teachers to be used for professional development; change Instructional Support and Enhancement days into Professional Development Days; and would allow eight (currently six) days per year for curriculum development, professional development, professional meetings, teacher-parent conferences, preparing for the opening and closing of school, make up days, etc.

“At least three” of the days in the above category would have to be scheduled “prior to (August 26) for the purposes of preparing for the opening of school and staff development.”

Under terms of the bill, professional development would have to relate to the county board’s Strategic Plan as well as state Board of Education Goals and Objectives.

Non-instructional days would total 22, including holidays, Election Day, Outside the School Environment Days (OSE), with the remaining eight days to be utilized for matters listed above such curriculum development, etc.

The bill would allow more of certain days to be scheduled prior to the twenty-sixth day of August for the purposes of preparing for the opening of school and staff development.

Sponsored by Sens. Bob Plymale, D-Wayne, and Larry Edgell, D-Wetzel. Introduced Feb. 7.
Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb607%20intr.htm

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


County boards could operate schools on Saturdays


Senate Bill 610.  Proposed revisions to §18A-5-2 would eliminate the prohibition against opening school on Saturday and to remove the requirement that special classes conducted on Saturday be conducted on a voluntary basis.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 7. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb610%20intr.htm


Measure would establish “West Virginia Religious Freedom Act”


House Bill 4450. Proposed §1-6-1 et. seq. would establish the West Virginia Religious Freedom Act whose purpose is to “prevent sponsored interference with a West Virginian’s guaranteed Freedom of Religion,” according to the Bill Note.

Neutrality toward religion

The bill states “Laws that appear neutral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise. (Thus) government should not substantially burden religious exercise without a compelling justification.”

Using that rationale, the proposal would required the “compelling interest test set forth in prior state and federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.”

Thus, the “compelling interest test” would be “applied as a guarantee in all cases where free exercise of religion is substantially burdened; and (the “compelling interest test” would) provide a claim or defense to persons whose religious exercise is substantially burdened by government.”

Definition of “government”

The measure would affect county boards due to the definition of “government.”

The bill also defines “exercise of religion” to mean “an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.”

Freedom of religion protected

Given the above context and definition, the bill would prohibit the government from “substantially burden(ing)  a person's exercise of religion, even if the burden results from a rule or general applicability, except that government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:

  1. Is in furtherance of a compelling governmental interest; and
  2. Is the least restrictive means of furthering that compelling governmental interest.”
When freedoms are “burdened”

In cases where one’s religious freedoms are burdened, that person may “assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief,” which could include “reasonable attorney fees and costs to be paid by the government.”

Finally, the act would apply to all :”state law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this act” and state law “adopted after the date of the enactment of this act…unless such law explicitly excludes such application by reference to this act.”

Provisos

There are four provisos. They would prohibit the Act from being construed to:

There are seven House sponsors, including lead sponsor Del. Alex J. Shook, D-Monongalia. Introduced Feb. 7. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4450%20intr.htm




Bill would establish the “Bill of Rights and Responsibilities for Students and School Personnel”


Senate Bill 594. Proposed revisions to §18A-5-1 and proposed  §18A-5-1c  would require implementation of a “Bill of Rights and Responsibilities for Students and School Personnel,” among other provisions.

This measure is similar to House Bill 4368 which is reviewed in the Feb. 4 issue of The Legislature.

Sponsored by Sen. Edgell. Introduced Feb. 6. Referred to the Senate Education Committee.  Reference :
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb594%20intr.htm

The Legislature’s Website reference to House Bill 4368 is: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4368%20intr.htm


Governor’s Pay proposals introduced


Senate Bill 573. Proposed revisions to §18A-4-2 and §18A-4-8a would provide annual salary increases to teachers and service personnel.

This is the governor’s legislation and will be reviewed in the Feb. 15 issue of The Legislature.

Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Don Caruth, R-Mercer. Introduced Feb. 5. Referred to the Senate Education Committee  then the Senate Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb573%20intr.htm

The House companion measure is House Bill 4432. It is sponsored by House Speaker Richard Thompson, D-Wayne, and Minority Leader Tim Armstead, R-Kanawha. Introduced Feb. 5. Referred to the House Education Committee  then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4432%20intr.htm

Both measures were introduced on behalf of the governor.

A Fiscal Note has been requested for each bill.

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


Measures would prohibit discrimination based on age and sexual orientation


Senate Bill 600. Proposed revisions to §5-11-2, -3, -4, -8, -9, -11 and -13 and proposed revisions to §5-11A-3, -5, -6 and -7 would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It defines "sexual orientation" as "heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived"; and adds to §5-11A-3 a definition of "age" as meaning age 40 and above.

There are five Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Feb. 7. Referred to the Senate Judiciary Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb600%20intr.htm

This measure is similar to House Bill 4164. It is reviewed in the Jan. 28 issue of The Legislature. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4164%20intr.htm

Also refer to Senate Bill 608. That bill would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing.

Sponsored by Sen. McCabe. Introduced Feb. 7. Referred to the Senate Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb608%20intr.htm

The measure is the same as Senate Bill 600.

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


Regularly employed professional educators would have preference for summer school program positions


Senate Bill 606. Proposed revisions to §18A-4-7c would give professional educator applicants who are regularly employed on a full-time basis employment preference over other applicants when filling summer school program positions.

Sponsored by Sens. Edgell and Jeffrey V. Kessler, D-Marshall. Introduced Feb. 7. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb606%20intr.htm


Bill relates to alternative certification programs for teachers



Senate Bill 611. Proposed revisions to §18A-3-1a would remove the requirement for a minimum of 18 hours of course work for alternative routes to certification. There are other provisions.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 7. Referred to the Senate Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb611%20intr.htm

The measure is similar to House Bill 4062 which has been approved by the House Education Committee and is on Second Reading House Calendar today. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4062%20SUB.htm


Electronic transcript would be permissive when renewing a teaching certificate


Senate Bill 623. Proposed revisions to §18A-3-3 would modify one of the requirements for renewing a Professional or First Class teaching certificates (based upon a Bachelor’s Degree) by allowing an electronic equivalent in lieu of an official transcript of six semester hours of approved credit.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 8. Referred to the Senate Education Committee. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb623%20intr.htm

Note:   The “electronic equivalent” provision is included in House Bill 4062 which has been approved by House Education.  As stated above, that measure is on House Calendar Second Reading today. The Legislature’s Website reference is listed above.


Bill would limit transfers of Autism Mentors and Aides working with autistic students


Senate Bill 624. Proposed revisions to §18A-5-8 would expand the applications of provisions limiting the transfer of autism mentors and aides working with autistic students so that it would also apply to paraprofessionals and interpreters working with students with any exceptionality.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 8. Referred to the Senate Education Committee then the Senate Finance Committee. Reference:


Principals would make recommendations regarding school employee personnel hiring, assignment, promotion, transfer and dismissal


Senate Bill 625. Proposed revisions to §18A-2-9, §18A-4-3 and §18A-4-7a would require each school principal to make recommendations regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school under the principal's control; to add the principal's recommendations to the seven existing criteria to be considered when hiring professional personnel. The measure also would  increase the principal's increment by five percentage points.

Sponsored by Sens. Edgell and Plymale. Introduced Feb. 8. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb625%20intr.htm

A similar measure is House Bill 4439. It, however, does not contain provisions relating to increasing the principal’s increment. There are five House sponsors, including lead sponsor Del. Mary Poling, D-Barbour. Introduced Feb. 6. Referred to the House Education Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4433%20intr.htm

A Fiscal Note has been requested for the Senate Bill.


Measure would protect professional educators’ academic freedom rights


House Bill 4401. Proposed §18A-5-9 would establish academic freedom rights for “employees in West Virginia’s public schools.” Under terms of the bill, public school employees could not be “disciplined, denied employment or denied promotion based upon his or her speech, research or writing related to public issues.”

The bill’s provisions would not “(protect) speech or actions that constitute a crime or otherwise prohibited by law.”

Additionally, the provision could not be construed as limiting a county board’s “rights to set curriculum and academic standards.”

Similar provisions would apply to higher education personnel, based on proposed §18B-1-12.

There are eight House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 4. Referred to the House Education Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4401%20intr.htm


15-minute rest periods would be required for each four hours work


House Bill 4409.  Proposed revisions to §21-3-10a would require rest periods of fifteen minutes for each four hours of work.

There are six House sponsors, including lead sponsor Del. Dale Stephens, D-Cabell. Introduced Feb. 5. Referred to the House Industry and Labor, Economic Development and Small Business Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4409%20intr.htm


County boards could employ “most qualified” individuals as coaches


House Bill 4468. Proposed §18A-3-2e would allow county boards to employ public school athletic and other extracurricular activities coaches “who are most qualified for those positions.”

“ County boards of education shall develop the criteria to be used when evaluating and selecting applicants for those coaching positions.
“Such criteria will include, but not be limited to, the individual's status and experience as a professional educator, experience as a coach and experience in the specific extracurricular activity.

“The board may also determine the criteria to be used when relieving a coach of his or her coaching responsibilities.”

Sponsored by Del. Mitch Carmichael, R-Jackson. Introduced Feb. 8. Referred to the House Education Committee then the House Judiciary Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4468%20intr.htm

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


County boards would have to wait 10 days before posting a new job opening following death of an employee


House Bill 4472. Proposed §18A-1-1 would require county boards to wait 10 days before posting a new job opening following the death of an employee.

Sponsored by Del. Ron Fragale, D-Harrison. Introduced Feb. 8. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4472%20intr.htm

 

Measures relate to PSSP library funding requirements for nine county boards


Senate Bill 593. Proposed revisions to §19-9A-11 would clarify that library funding obligations for nine county boards required to support libraries through special acts of the Legislature  that is “…due and payable from such levies to a library created by a special act shall be paid from… the county school board's discretionary retainage, which is hereby defined as the amount which the regular school board levies…exceeds the…local share determined hereunder. If the library funding obligation which is due and payable to a library created by a special act is greater than the… county school board's discretionary retainage, the library funding obligation created by the special act shall be amended and is reduced to the amount…of the discretionary retainage, notwithstanding any provisions of the special act to the contrary.”

The bill would allow county boards to use any “excess of the discretionary retainage… for expenditure(s) …in its discretion for its proper budgeted purposes.”

Sponsored by Sen. McCabe. Introduced Feb. 6. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb593%20intr.htm

Also refer to Senate Bill 605, a similar measure. That bill would clarify that if a county board of education moved the library funding obligation of a "special act library" from the regular tax levy to the excess levy, the library funding obligation under the special act would cease in the fiscal year in which the excess levy became effective or would have become effective if it had been passed by the voters.

Sponsored by Sen. McC abe. Introduced Feb. 7. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb605%20intr.htm

The corresponding House proposals are House Bill 4373 and House Bill 4163, respectively. The references are:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4163%20intr.htm and

http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4373%20intr.htm



Bill relates to replacing “unusable athletic facilities”


House Bill 4456. Proposed revisions to §18-9A-16 would enact a requirement that any “project funded by the School Building Authority that renders one or more athletic facilities unusable must include within a facilities plan an outline for replacing each impacted athletic facility with an equal or improved facility.

“ Schools where projects impact an athletic facility or facilities must have a replacement facility ready for play within twelve months of abandonment of the previous facilities.

“ Building facility plans may not be approved by the School Building Authority without an adequate plan for replacement of each impacted athletic facility. “

Athletic facilities currently in use may not be demolished or abandoned without the School Building Authority's approval of a replacement plan. Failure to comply with this section will result in refusal of the project and bar the project from any state funding.”

There are nine House sponsors, including lead sponsor Del. Ted Ellis, D-Logan. Introduced Feb. 7. Referred to the House Education Committee, then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4456%20intr.htm

 


Comprehensive measure relates to bus travel times; new routes and waivers


House Bill 4406. Proposed §18-2E-5d and proposed revisions to §18-9D-2 and §18-9D-16 would require the high quality standards for transportation adopted by the state Board of Education to include standards for the recommended duration of the one-way school bus transportation time for students to and from school under normal weather and operating conditions.
These are among bill provisions, namely to:

Technical assistance

Update SBA criteria

There are 10 House sponsors, including lead sponsor Del. Joe DeLong, D-Hancock. Introduced Feb. 4. Referred to the House Education Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4406%20intr.htm


Measure  would require chains on school buses


House Bill 4407. Proposed §17C-15-51 would  require “all new school buses that are purchased for use for the transportation of school children in this state, whether owned and operated by a county board of education or privately owned and operated under contract with a county board of education, shall be equipped with automatic chains for use on the bus tires during inclement weather when road conditions require their use.”

There are 11 House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Feb. 4. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4407%20intr.htm


Roads use by multiple families would be included in state road system


House Bill 4457. Proposed §17-2C-7 would include roads or bridges having been used for at least 10 years by multiple families and which are not “maintained by any governmental agency” to be included in the state road system and maintained by the state.

There are nine House sponsors, including lead sponsor Del. Dave Pethtel, D-Wetzel. Introduced Feb. 7. Referred to the House Roads and Transportation Committee then the House Finance Committee.Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4457%20intr.htm

 


Fireworks displays would be permitted on public school properties


House Bill 4425. Proposed §29-3-24a would permit firework displays on public school property provided the State Superintendent of Schools and the State Fire Marshal approve the display.

Sponsored by Del. Allen Evans, R-Grant. Introduced Feb. 5. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4425%20intr.htm

 


Bill relates to licensing requirements for osteopathic physicians and surgeons


Senate Bill 554. Proposed  revisions to §30-14-2, -4, -5, and -11 would remove inconsistent and outdated provisions concerning osteopathic physicians and surgeons. Additionally, the bill would clarify and update licensing requirements for osteopathic physicians and surgeons. Finally, the measure adds additional causes for revoking or suspending a license, including “any incident, failure or disruption in the course of an physician’s education, training or practice that indicates a lack of skill, competence, integrity or professional conduct.”

Under terms of one definition, “approved osteopathic college”  would mean a “college of osteopathy and surgery which requires as a minimum prerequisite for admission pre-professional training of at least two years of academic work in specified scientific subjects, as prescribed by the board, or by the college accrediting agency of the American Osteopathic Association in an accredited four-year college of arts and sciences, and which requires for graduation a four-year course of nine months each approved by the board in accordance with the minimum standards established by the American Osteopathic Association.

Existing provisions apply to “a standard college of arts and sciences of equal rank with the college of arts and sciences of West Virginia University.”

There are other provisions.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Feb. 4. Referred to the Senate Health and Human Resources Committee then the Senate Government Organization Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb554%20intr.htm


Time limits would be removed for scholarships received by spouses of deceased service men and women


Senate Bill 564. Proposed revisions to §18-19-2 and §18B-10-1, -5 and -6 would remove the age limitation for spouses of deceased service men and women to be eligible for special education benefits. Other proposed provisions would change the method of calculation limits on percentage of tuition and fee waivers.

A third bill provision would exempt all statutorily-authorized tuition and fee waivers, including those granted to higher education employees, their spouses, and dependents, from limits on percentage of tuition and fee waivers granted by state institutions of higher education.
There are other proposed revisions.

Sponsored by Sens. Edgell and Plymale. Introduced Feb. 4. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb564%20intr.htm


Smoking ban would be imposed at medical facilities


Senate Bill 591. Proposed §16-9G-1 et. seq. would require  medical facilities, including “all medical school programs,” to be free of tobacco smoke.

As stated in the bill, each medical facility, including all medical school programs, would be required to post “conspicuous signs in prominent places in its facilities and on its property to provide notice of the (smoking ban). “

The notices are to be “ written in English and Spanish. For a person who cannot read the signs, the prohibition of smoking in a medical facility and on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator.”

Fine


Those who violate the ban could face a $50 - $500 misdemeanor fine.

The bill would allow the state Department of Health and Human Resources to treat violations as a “deficiency to be assessed against the medical facility.”

There are three Senate sponsors, including lead sponsor Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 6. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb591%20intr.htm

The House companion is House Bill 4417. There are three House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 5. Referred to the House Health and Human Resources Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4417%20intr.htm

Bill would establish “Vision 2020: An Education Blueprint for 2020”


Senate Bill 595. Proposed repeal of §18B-1-1, 1-1b, and 1-1c, §18B-1B-8, -9, §18B-3B-1, -2, §18B-11-5, and proposed revisions to §18-1-4, 18B-1-1a, proposed §18B-1D-1 ET. seq., and proposed §18B-14-9 would establish goals and objectives for 2020 for both public and higher education, to focus and clarify elements of the accountability system for public higher education, and to create a committee to study capital projects and facilities maintenance needs in higher education.

Editor’s Note: This 87-page bill contains numerous “legislative findings.” In most instances, these findings, which form the basis for several bill provisions, are omitted. Moreover, the bill is reviewed in terms of its presentation of Code sections revisions and/or proposed Code sections rather than in abbreviated summary. This approach allows the reader to “follow” the bill’s progression, conclusions and “logic” as presented in the proposal.

“Vision 2020: An Education Blueprint for 2020.”

The bill presents several “legislative findings” which:

Based on these and other findings, the proposal states it is “important that that West Virginia's public education system continue to make substantial progress. In addition to the importance of a quality public education system to each individual student, it is also critical to the state's economy.”

“Clear plan”

Based on these and other findings, including recognition that the state has lower family income levels and lower parent education levels, the bill enunciates “a clear plan” designed to “increase student achievement and (to) ensure that high school graduates are fully prepared for post-secondary education or gainful employment.”

Accordingly, the “clear plan” is to include goals, objectives, strategies, indicators and benchmarks. These elements are designed to “keep the state’s education system on track for success and to help maintain…a thorough and efficient system of free schools in West Virginia” as mandated in the State Constitution.

“Exclusive goals”

These are among the list of “exclusive goals” which are to be developed by the state Board of Education in order to further the intent of the legislation:

Nine 21st Century-oriented policy objectives

Policy-oriented objectives such as “rigorous 21st Century curriculum and engaging instruction,” a “21st Century accountability and accreditation system,” a “statewide balanced assessment process that includes an ‘individualized student data management system,” a “personnel allocation, licensure and funding process that aligns the needs of 21st Century school systems and is supported by a quality coordinated professional development delivery system,” an establishment of “school environments that promote safe, healthy and responsible behavior and provide an integrated system of student support services,” a “leadership recruitment, development and support continuum,” a declaration of the need for “equitable access to 21st Century technology and education resources and school facilities conducive to 21st Century  teaching and learning,” a system of “aligned public school…and post-secondary and workplace readiness programs and standards,” and the need for a “universal (Pre-K) system.”

Rationale

Rationale for the 21st Century policy objectives include:

College-going rate

Counties with the lowest college-going rates are to “increase their college-going rate to the (2012) average” with the goal that the state’s college-going rate will equal that of Southern Regional Education Board states.

Similarly, the 10 counties with the lowest college-going rate in 2020 will increase their college-going rate to that of the SREB states, with the state’s college-going rate to exceed that of SREB states by five percent.

Goals for Higher Education

Several  findings are listed, including the desire that the state provide “… a system for the delivery of post-secondary education which is competitive in the changing national and global environment, is affordable for the state and its citizenry, and has the capacity to deliver the programs and services necessary to meet regional and statewide needs.”

National Report

The measure cites the  “Transforming Higher Education: National Imperative – State Responsibilty” national report, a National Conference of State Legislature’s “Blue Ribbon Commission on Higher Education” report.

The Report lists 10 specific ways for states to increase the effectiveness of higher education programming, including 10 specific recommendations which include  holding institutions “accountable for their performance,” giving “special attention to adult learners,” rethinking “funding formulas and student aid,” and identification of “clear state goals.”

Goals for colleges and universities

The bill expounds on the national report and the 10 recommendations in terms of “providing policy guidance” in formulation of higher education goals for 2020.

These are among some of the goals:

Remaining higher education goals focus on student fitness and healthy lifestyles, the need and desire to promote lifelong learning, workforce development, technical assistance to policymakers, and developing “cutting-edge research toward solving pressing societal problems.”

HEPC and community and technical colleges

The bill has an extensive section relating to the contributions made by the HEPC and the Council for Community and Technical College Education as being “important partners with state policy leaders in providing higher education that meets state needs,” listing several ways in which the institutions provide “service to the state.”

Several findings are listed, including the notion that the HEPC and the CCTCE help “(develop) a public agenda for various aspects of higher education that is aligned with state goals and objectives and the roles and responsibilities of each coordinating board…”

Higher education accountability

A significant portion of the report is devoted to higher education accountability.

There are several emphases, including the objective that institutions of higher education “provide for the “…generation, collection and dissemination of data on which sound state-level policy decisions can be based…,” with one possible use of the data being used to “(identify)  institutions and systems that increase quality and productivity…”

Blueprint

By  Oct. 1, the HEPC and CCTCE are to develop legislative rules to implement an accountability system for higher education.

The bill directs that “At a minimum, the rules shall address the respective responsibilities of the various parties, the development of statewide master plans, the process of entering into institutional and state compacts, performance indicators and institution and state-level reporting to ensure that higher education is accountable to the citizens of West Virginia.”

State Vision for higher education

Based on an extensive listing of definitions, the bill establishes a “State Vision for Public Higher Education.”

The bill includes several findings and establishes a series of objectives in order to implement the “Vision.”

In developing the Vision, the bill declares there are “Areas of special concern to the Legislature include economic and work force development; education access and affordability; innovation; student preparation; degree and/or program completion; intra- and inter-system cooperation and collaboration; research; and teaching and learning.”

Each goal area is then addressed. Recommendations fall into several categories, including providing incentives for economic and workforce development,  maintaining “geographic (higher education) access while eliminating duplication,” providing “tuition and fee rates for out-of-state students at levels which, at a minimum, cover the full cost of instruction unless doing so is inconsistent with a clearly delineated public policy goal established by the Legislature, the (HEPC or CCTCE…”)

Other areas addressed include student preparedness for higher education, including the desire to “(ensure) that potential students are academically prepared for college and that graduates are adequately prepared for careers or further education,” as well as the desire to “(d)eliver education services to the extent possible through collaboration, coordination and brokering, with particular emphasis on the need for a seamless relationship between public and post-secondary education.”

Objectives to be addressed

The bill then lists the nine objectives to be addressed, each of which is prefaced by a “problem statement.”

Objectives include development of a “state-level facilities plan and funding mechanism to reduce the obligation of students and parents to bear the cost of higher education capital projects and facilities maintenance.”

Based on a finding that while the state compares well in workforce preparedness, there are other areas of “serious concern” relating to higher education outputs, including research which shows the state ranks more than 50 percentage points below the national average in preparing students to “take and pass graduate admission examinations,” that “fewer West Virginia graduates take these examinations than is typical nationally and the proportion earning competitive scores is only about (75) percent of the national average.”

Student recruitment

The proposed bill includes that declaration that “(s)tate institutions of higher education have placed a greater emphasis on student recruitment than on student retention and completion.”

Concluding that the “number of state high school graduates is expected to decline over the next several years; therefore, institutions must improve their performance in retaining the students who enroll.”

The proposed legislation also states that “ West Virginia is among the leading states in the percentage of first-year students at community colleges who return for their second year and large percentages of freshmen at four-year colleges and universities return for their sophomore year; however, when compared with other states, only a small percentage of these students actually persist to earn a bachelor's degree or associate degree within six years.”

“’Marginal progress’” in awarding degrees

Other findings in this area include that statement that “(w)hile the state college-going rate has improved, most state institutions have made only marginal progress over the past decade in increasing the percentage of students who persist to obtain a degree or certificate.”

Adults “reentering the learning environment”

In order to encourage adults to “reenter the learning environment,” several objectives are outlined, including “open admissions” policies and tailoring “instructional policies to meet the needs of adults…(including) flexible class schedules to accommodate work obligations and waiving dorm residency requirements.”

STEM

The measure urges greater collaboration between  “public education” and higher education in order to “encourage emphasis on STEM courses and programs leading to degrees in the high-demand fields of science, technology, engineering and mathematics (STEM)…”

Other findings include the state’s difficulty in recruiting and retaining STEM faculty “because of competition from surrounding states and other market forces…”

High quality instruction

The measure includes a declaration that the “transition from high school to college is difficult for many high school students who lack a family role model to provide guidance relevant to the higher education experience.”

This finding requires several approaches, including the need for “increased capacity for high quality instruction across public higher education” especially in STEM areas.

To address the matter further, bill requires creation of a STEM coordinator position within the faculty of each higher education institution.

Research

The bill concentrates consider emphasis on research, encouraging, among other expected outcomes, that state higher education institutions partner with other institutions in West Virginia as well as “larger, resource-rich higher education institutions outside the state…”

Other emphases include developing a research  focus on “niche areas where the state can be real player at a competitive level.”

Functional literacy

For “place-bound adults,” one expected outcome is to “(d)evelop greater access and capacity to deliver literacy and remedial education, work force development training and other higher education services to place-bound adults primarily through the community and technical colleges.”

Master Plans

The bill directs the HEPC and CCTCE to develop a “master plan for  public higher education that is closely aligned with the goals and objectives” outlined in the bill.

Each master plan would be reviewed annually and updated every five years.

Plans would be presented to the Legislative Oversight Commission on Education Accountability (LOCEA) for approval.

The master plans would have to include a “well-developed analysis of missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinants and projections for public higher education and other matters necessary in such a plan to assure that the needs of the state for a quality system of higher education are addressed; and

“ A strategy for cooperation and collaboration with the state Board of Education and state Department of Education, state institutions of higher education, the counterpart state coordinating board, and other relevant education providers to assure that a comprehensive and seamless system of education is developed and implemented for West Virginia.”

State compacts

When specific goals and objectives require “significant collaboration and commitment of resources” among the HEPC and CCTCE, compacts are to be established, with the desire to develop joint implementation plans.

These implementation plans would be specific and would require timelines, evaluative criteria, and a “method for determining success.”

Institutions of higher education

Similarly, institutions of higher education are to develop institutional compacts which are to be aligned with the master plans for the particular institution.

Some delineated areas of focus include “a comprehensive assessment of education needs within the institution’s geographic area of responsibility” as well as “provision for collaboration and  brokering of education services as necessary or expedient to carry out the institutional mission to meet (the institution’s) objectives.”

Compacts at the institutional level are to be developed by the board or advisors or board of governors.

The HEPC is to provide uniformity in how compacts are presented.

Geographic areas of responsibility

The bill allows the HEPC to “assign geographic areas of responsibility to the state institutions of higher education under its jurisdiction, except for the state institutions of higher education known as Marshall University and West Virginia University. For institutions other than the state institutions of higher education known as Marshall University and West Virginia University, the geographic areas of responsibility are made a part of their institutional compacts to ensure that all areas of the state are provided necessary programs and services to achieve state goals and objectives.

“The (HEPC) and the (CCTCE)  each shall develop data-based measures to determine the extent to which institutions under their respective jurisdictions are providing higher education services aligned with state goals and objectives and institutional missions within their geographic areas of responsibility.”

These geographic areas of responsibility are applicable to all institutions of higher education except Marshall University and West Virginia University which are to be “assigned by the Legislature.”

Benchmarks

Geographic service areas are to meet several benchmarks, including measuring “progress in geographic areas of responsibility.

Report cards

The bill requires development of both institutional and statewide report cards.

According to the bill, the “ focus of the report cards is to determine annual progress of the commission, the council and institutions under their respective jurisdictions toward achieving state goals and objectives…”

Report card information is to be “consistent and comparable between and among state institutions of higher education. If applicable, the information shall allow for easy comparison with higher-education-related data collected and disseminated by the Southern Regional Education Board, the United States Department of Education, and other education data-gathering and data-disseminating organizations upon which state policymakers frequently rely in setting policy.”

Report cards are to developed by legislative rule and are to specify various pieces of information, including “indicators of  student and institutional performance that, at a minimum, must be reported annually, set forth general guidelines for the collection and reporting of data, and provide for the preparation, printing and distribution of report cards…”

Report cards are to be “analysis-driven, rather than simply data-driven, and shall present information in a format that can inform education policymaking. They shall include an executive summary which outlines significant trends, identifies major areas of concern, and discusses progress toward meeting state and system goals and objectives. They shall be brief and concise, reporting required information in nontechnical language. Any technical or supporting material to be included shall be contained in a separate appendix.”

Statewide report cards

Among other details, the statewide report card is to be” prepared using actual institutional, state, regional and national data, as applicable and available, indicating the present performance of the individual institutions, the governing boards, and the state systems of higher education. Statewide report cards shall be based upon information for the current school year or for the most recent school year for which the information is available, in which case the year shall be clearly noted.”

HEPC staff are to assist in helping institutions develop institutional report card data which is to be included in the state report card.

Annual reports

Annual reports also are required as part of the legislation.

The reports, among other things, must provide status  on “plans, accomplishments and recommendations in implementing a cooperative relationship between Potomac State College and Eastern West Virginia Community and Technical College.”

Other components include data concerning higher education “performance and enrollment,”  concerning community and technical college performance,  “all” sales of obsolete, unusable, or surplus commodities, purchases from West Virginia businesses, the amount of auxiliary fees collected to replace state funds subsidizing auxiliary services, technical assistance provided to qualified businesses within approved research parks, research zones or technology centers, and the status of the eminent scholars endowment trust fund.

An annual report also is required for the health education loan program.

Statewide plan for facilities

The bill establishes a 14-member commission whose charter is to “develop and recommend a state-level facilities plan.”

Among other things, the plan is to include a “review of capital project and facilities maintenance needs of all state institutions of higher education and recommendations for addressing those need,” recommendations  concerning the appropriate capital debt load that reasonably should be maintained by the Commission, Council, and state institutions of higher education, recommendations for a funding mechanism to reduce the obligation of students and parents to bear the cost of higher education capital projects and facilities maintenance, and recommendations for maximizing changes in bonding capacity that will occur in 2012.

The commission is to begin its work by May 15, delivering its report by to the Legislature’s Joint Committee on Government and  Finance by Dec. 1.

There are several other bill provisions.

There are nine Senate sponsors, including lead sponsor Sen. Plymale. Introduced Feb. 6. Referred to the Senate Education Committee, then the Senate Finance Committee.

Note: The SEC approved the measure Feb. 7.

Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb595%20intr.htm

There is no companion House measure.


Bill would require course in solar hot water heating at community and technical colleges


House Bill 4436. Proposed revisions to §18B-3C-6a would create a course in solar hot water heating at each community and technical college in the state.

There are 10 House sponsors, including lead sponsor Del. Ray Canterbury, R-Greenbrier. Introduced Feb 6. Referred to the House Education Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4436%20intr.htm


Higher education properties could be transferred to a real estate foundation


House Bill 4469. Proposed §18B-1-9 would allow state colleges and universities to give title for real properties  which they have been gifted or which they acquired by private funds to be transferred to a real estate foundation. The foundation would be established as a non-stock, nonprofit corporation.

The foundation would be exempt from federal income tax.

The institution governing boards must affirmatively approve each transfer but only upon a finding that the property was in fact gifted to the institution or was acquired with private moneys.

There are three sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. (All three sponsors introduced the bill by request). Introduced Feb. 8. Referred to the House Education Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4469%20intr.htm

 


Bill concerns annuity if eligible spouse has not redeemed accumulated TRS contributions


House Bill 4387. Proposed revisions to §18-7A-23 would allow TRS beneficiaries to receive an annuity when an eligible spouse has not redeemed the accumulated contributions. The provision would be retroactive to July 1, 2002, providing the TRS member’s total service as a teacher was at least 25 years at the time of his or her death.

There are other provisions.

There are five House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Feb. 4. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4387%20intr.htm

A Fiscal Note has been requested.


TRS members could pay three years’ worth of contributions back into system


House Bill 4393. Proposed §18-7A-14c would allow TRS members to repay a maximum of three years worth of contribution back into the system.

There are nine House sponsors, including lead sponsor Del. William Stemple, D-Calhoun. Introduced Feb. 4. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4393%20intr.htm


1972 TRS retirees who participated to “fullest extent” in retirement system would receive tax exemption


House Bill 4446. Proposed revisions to §11-21-12 would provide a state income tax exemption for  a TRS retiree, providing the individual elected (before March 6, 1972) to participate in the Teachers Retirement System to the “full extent permitted,” based on his or her salary.

Sponsored by Dels. Robert D. Beach, D-Monongalia, and David Perry, D-Fayette. Introduced Feb. 6. Referred to the House Pensions and Retirement Committee then the House Finance Committee.
Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4446%20intr.htm

A Fiscal Note has been requested.

 

Federal Section 125 plans would be part of PEIA preferred provider benefits


Senate Bill 618. Proposed revisions to §5-16-15 would allow the Public Employees Insurance Board to make optional plans available as an IRS plan or as part of the preferred provider benefits.

There are nine Senate sponsors, including lead sponsor Sen. Ron Stollings, D-Boone. Introduced Feb. 8. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb618%20intr.htm

The House companion is House Bill 4453. There are 11 House sponsors, including lead sponsor Del. Barbara Hatfield, D-Kanawha. Introduced Feb. 7. Referred to the House Banking and Insurance Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4453%20intr.htm


Retired state employees could transfer from Medicare coverage to PEIA coverage


House Bill 4413. Proposed revisions to §5-16-7 would permit Medicare-eligible retired employees to transfer coverage from a Medicare-specific plan to coverage directly from PEIA.

There are 11 House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced Feb. 5. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4413%20intr.htm

PEIA coverage would be provided to State Police dependents killed in line of duty


House Bill 4461. Proposed revisions to §15-2-33 would provide Public Employees Health Insurance Agency (PEIA) coverage to  surviving dependents of State Police Officers killed in the line of duty.

There are 11 House sponsors, including lead sponsor Del. Locke Wysong, D-Jefferson. Introduced Feb. 7. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4461%20intr.htm

 


Bill would remove Insurance Commissioner’s rulemaking review exemption


House Bill 4390. Proposed revisions to §23-2C-2, -5 and §33-2-10 would remove the current exemption of the Insurance Commissioner from legislative review of rules relating to the regulation of workers' compensation insurance market beginning July 1, 2009.

There are 11 House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Jan. 4. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4390%20intr.htm

 

 

Measure would regulation All Terrain Vehicles

Senate Bill 567. Proposed revisions to §17F-1-1 and -3 would impose regulations on the use and operation of All-Terrain Vehicles (ATVs). The bill prohibits operation on paved roads or highways and provides for regulation of all-terrain vehicles by local government authorities.

There are five Senate sponsors, including lead sponsor Sen. Kessler. Introduced Feb. 5. Referred to the Senate Transportation and Infrastructure Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb567%20intr.htm

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


State employees making under $25,000 would qualify for CHIP


House Bill 4427. Proposed §5-16B -6e would “qualify” children of state employees and any other person employed in this state whose annual income is $25,000 per year or less for the West Virginia Children's Health Insurance Program (CHIP).

There are four House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Feb. 5. Referred to the House Health and Human Resources Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4427%20intr.htm


Juveniles who commit child abuse/neglect that results in serious bodily injury would be tried as adults

House Bill 4429. Proposed revisions to §49-5-10 would allow juveniles to be tried as adults in cases where child abuse resulting in bodily injury or child abuse which results in death. The juvenile would have to be at least 14-years-old in order to be tried as an adult for committing the above crimes.

Sponsored by Del. Bill Hamilton, R-Upshur. Introduced Feb. 5. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4429%20intr.htm


Bill would make it a misdemeanor not to return child in timely manner at expiration of custody visitation

House Bill 4430. Proposed revisions to §61-2-14d would make it a misdemeanor if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period.

There are nine House sponsors, including lead sponsor Del. Doug Stalnaker, D-Lewis. Introduced Feb. 5. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4430%20intr.htm

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

 


“Murder of a child” crime would apply to persons who expose children to manufacturing of a controlled substance


House Bill 4398. Proposed revisions to §61-8D-2 would create the crime of murder of a child by a parent who exposes his or her child to the manufacturing of a controlled substance.

There are seven House sponsors, including Del. Doug Reynolds, D-Wayne. Introduced Feb. 4. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4398%20intr.htm

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

 

Bill relates to falsification of academic records, providing a misdemeanor penalty

House Bill 4467. Proposed §61-4-9 would make it a misdemeanor for anyone who “who buys, sells, creates, duplicates, alters, gives or obtains a diploma, academic record , certificate of enrollment or other instrument which purports to signify merit or achievement conferred by an institution of education with the intent to fraudulently use that document or to allow the fraudulent use of the document…”

“Any person who knowingly makes or causes to be made, either directly or indirectly, or through any individual, corporation or agency whatsoever, any false statement in writing, regarding his or her obtaining a diploma, academic record , certificate of enrollment or other instrument which purports to signify merit or achievement conferred by an institution of education with the intent that it shall be relied upon, to procure employment or any other benefit whatsoever,(would be guilty of a misdemeanor).

”If convicted, both offenses carry a fine up to $500 fine or a jail term of up to six months, or both.

Sponsored by Del. Jeff Tansill, D-Taylor. Introduced Feb. 8. Referred to the House Education Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4467%20intr.htm


Measure relates to crime of filming minors in the production of obscene matter


House Bill 4475. Proposed revisions to §61-8C-2 would prohibit the filming or photographing of minors in the production of obscene matter. Those convicted of such would be face a penalty equal to that for filming or photographing minors engaged in sexually explicit conduct.

There are 10 House sponsors, including lead sponsor Del. Gerald Crosier, D-Monroe. Introduced Feb. 8. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4475%20intr.htm

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

 

“Green Buildings Act” introduced; same as House Bill

Senate Bill 568. Proposed §22-29-1 et. seq. would establish the “Green Buildings Act” which would be applicable for public facilities exceeding 50,000 square feet in size.

There are several provisions relating to findings and purpose, green building standards, reportage and sun setting.

There are 11 Senate sponsors, including lead sponsor Sen. Hunter. Introduced Feb. 5. Referred to the Senate Government Organization Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb568%20intr.htm

The measure is similar to House Bill 4066. Refer to the Jan. 21 issue of The Legislature. The reference is http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4066%20intr.htm

 

Minimum amount of paid leave would be granted to “almost all employees working” in West Virginia

House Bill 4447. Proposed §21-5G-1 et. seq. would require employers – the definition could apply to county boards because bill provisions would cover both public and private corporations, -  to provide each employee with not less than “seven days of paid sick leave annually for employees working (30) hours or more per week or a  pro rata amount of paid sick leave annually for employees working less than (30) hours per week or less than (1,060) hours per year.”

Sick leave would begin to “accumulate immediately,” but employers are not required to grant accrued sick leave before “(90)  days from the commencement of employment. Paid sick leave must accrue at least monthly and after the (90-day) initial…waiting period (and) may be used as it is accrued.”

Under terms of the bill, sick leave may be loaned to the employee in advance of the accrual by such employee.

No annual carryover

Accrued sick leave would not carry over from year to year, but the statute does not “require an employer to permit an employee to accumulate more than seven days of sick leave per year.”

Under bill provisions, sick leave lasting less than a normal workday would be counted on an hourly basis.

Leave less than one hour

If the leave is less than one hour leave would be calculated based on the “smallest increment that the employer's payroll system uses to account for absences or use of other leave.”

If an employee’s work schedule were to vary week to week, “a weekly average of the hours worked over the twelve week period prior to the beginning of a sick leave period shall be used to calculate the employee's normal workweek for the purposes of determining the amount of sick leave to which the employee is entitled.”

Sick leave accrued under this article may be used by an employee for any of the following:

  1. “An absence resulting from a physical or mental illness, injury or medical condition of the employee;
  2. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee; or
  3. An absence for the purpose of caring for a child, parent or a spouse, who has any of the conditions or needs diagnosis or care described in paragraphs one or two above.”

Not unduly disrupt operations of employer

Employees are to make “reasonable efforts to schedule leave in a manner that does not unduly disrupt the operations of the employer.”

Sick leave would be provided upon the “oral or written request of an employee.”

The request would include:

  1. “The reason for the absences involved and expected duration of leave; and
  2. In cases in which leave is foreseeable at least seven days in advance of such leave, seven days notice shall be provided; or
  3. In cases in which leave is not foreseeable at least seven days in advance of such leave, notice shall be given as soon as practicable once the employee becomes aware of the need for such leave.”

Certification

An employer may only require that a request for leave be supported by the certification of a health care professional if the leave period covers more than three consecutive work days.

An employee would be required to provide certification of a health care professional upon request to the employer in a timely manner, no later than 30 days after the first day of leave.

 The employer shall not delay the commencement of the leave on the basis that the employer has not yet received certification.

Health information possessed by employer

Health information possessed by an employer regarding an employee, employee's child, parent or spouse shall:

  1. “Be maintained on a separate form and in a separate file from other personnel information;
  2. Be treated as confidential medical records; and
  3. Not be disclosed except to the affected employee or with the express permission of the affected employee.”

Commissioner of Labor

The state Commissioner of Labor would be required to enforce the legislation.

Other bill provisions would allow employers to provide more generous leave policies.

Additionally, the bill does not supersede or prohibit collective bargaining agreements regarding sick leave, paid leave or “other terms and conditions of employment in excess of the minimum paid sick days (the measure would establish)…”

Fines

Employers who violate bill provisions, including disallowance of on-site inspections by Commissioner of Labor representatives, would be fined from $100-$500 per offense.

Employers also would be fined if they “discriminate against any employee, including using paid sick leave as a negative factor in an employment action or counting the use of paid sick leave under a no-fault attendance policy, because such employee has made a complaint to his or her employer, or to the (Labor Commissioner), that he or she has not been given paid sick leave benefits in accordance with this article, or because such employee has instituted or is about to institute any civil action, or file any petition or criminal complaint against the employer by reason of the provisions of this article, or because such employee has testified or is about to testify in any administrative proceeding, civil action, or criminal action under this article, or has assisted or is assisting another in doing so is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 per violation.”

An employer would be prohibited from “otherwise (violating the leave statute), or any rule adopted there under. Each violation constitutes a separate offense.”


Enforcement

Employers violating the bill’s provisions would be responsible for various damages equal to the “amount of any wages, salary, employment benefits or other compensation denied or lost to such employee by reason of the violation. In cases in which wages, salary, employment benefits or other compensation has not been denied or lost by such employee, the employer is liable to the employee for any actual monetary losses sustained by the employee as a direct result of the violation up to a sum equal to ten days of wages or salary for the employee.

“Any interest on the amount the employer is liable for is to be paid to the employee. An additional amount as treble damages and reasonable attorney fees are also to be paid to the employee.

“In addition, the employee is entitled to any such equitable relief as may be appropriate, including employment, reinstatement and promotion.”

Legal claim

A final bill provision would allow an employee who has not been afforded sick leave to file a legal claim.

With the consent of the employee, the Labor Commissioner “may settle and adjust any claim to the same extent as might the employee.”

There are 11 House sponsors, including lead sponsor Del. Stephens. Introduced Feb. 6. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4447%20intr.htm

 


Required notice would not have to be  given if assessed real property valuation increases by less than $1,000


Senate Bill 565. Proposed revisions to §11-3-2a would reduce the required notice period for a notice of increased assessed valuation of real property, from at least 15 to 10 days prior to the first meeting in February at which the county commission meets as the board of equalization and review. The bill also provides that the increase in the assessed valuation must be at least $1,000 before the notice is required to be sent.

There are three Senate sponsors, including lead sponsor Sen. Dave Sypolt, R-Preston. Introduced Feb. 4. Referred to the Senate Judiciary Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb565%20intr.htm

Manufacturing inventory would be exempt from ad valorem property taxation


Senate Bill 617. Proposed §11-5-13b would exempt manufacturing inventory from ad valorem property taxation in West Virginia.

There are four Senate sponsors, including lead sponsor Sen. McCabe. Introduced Feb. 8. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb617%20intr.htm


Cap would be placed on property tax increases

House Bill 4397. Proposed revisions to §11-1C-9 would place a three percent cap on any increase in assessment on real property that is the primary residence of an individual in any one year.

Sponsored by Del. Tom Azinger, R-Wood. Introduced Feb. 4. Referred to the House Judiciary Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4397%20intr.htm


Bill would eliminate sales tax on food by July 1, 2008

House Bill 4428. Proposed revisions to §11-15-3a would eliminate the sales tax on food beginning on July 1, 2008.

There are 11 House sponsors, including lead sponsor Del. Mike Porter, R-Mercer (all other sponsors are Republicans). Introduced Feb. 5. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4428%20intr.htm

 

 

Senate Bill 553 would create the permitting information ombudsman in the Governor’s Office of Technology. The position would provide coordination for various permits/licenses persons are required to have in order to conduct business in West Virginia. The House companion measure is House Bill 4451…Senate Bill 555 would limit classification of real property as managed timberland to prevent county property revenues from decreasing by more than 5 percent…Senate Bill 557 would repeal the corporate license tax. The House companion measure is House Bill 4421…Senate Bill 558 would grant the state Auditor and Treasurer to use electronic commerce in the sale or disposal of property. There are other provisions…Senate Bill 570 would allow county commissions to be involved in joint development efforts…Senate Bill 578 would simplify the regulation and tax “treatment” relating to the production, marketing and delivery of natural gas and oil…Senate Bill 596 would make changes in the state’s Streamlined  Sales and Use Tax statutes…Senate Bill 597 would establish the West Virginia Sesquicentennial Committee and Fund. The House companion bill is House Bill 4414…Senate Bill 601 would require appointment of an additional circuit judge in the 24th Judicial Circuit (Wayne County)…Senate Bill 602 would require appointment of an additional circuit judge in the ninth circuit district (Mercer County)…

Innovation-driven enterprises


…Senate Bill 609 would create an innovation and development program to attract and support capital investment in innovation-driven enterprises in West Virginia, including public funding sources as a means to also spur private investments in innovation. Grants would be awarded by the state Economic Development Authority…Senate Bill 614 would limit the use of some lands for non-energy related purposes in “growth counties”…Senate Bill 620, entitled the “West Virginia Taxpayer and Citizens Protection Act of 2008,” would regulate illegal immigration in the state, according to the Bill Note…Senate Bill 622 would establish the “Voluntary Rural and Outdoor Heritage Conservation Act” which is aimed at land conservation and stewardship…

Business and Franchise tax would be abolished


House Bill 4382 would permit employee and retiree advocacy organizations to obtain state employees’ and retirees’ home addresses…House Bill 4385 would revise some powers and duties of the state Auditor…House Bill 4386 would allow municipalities to create a semiannual vacant property registration…House Bill 4388 would authorize the state Supreme Court of Appeals to maintain a domestic violence database…House Bill 4395 would abolish the state’s Business and Franchise Tax…House Bill 4400 would make several changes in statute in order to achieve tax administration and efficiency in terms of business taxation…House Bill 4403 would allow operators of parks and recreation to be provided immunity from civil liability…House
Bill 4411 would exempt land-based aquaculture facilities from some of the state’s sludge management requirements…

Infection-reporting

….House Bill would establish health care-associated infection reporting procedures…House Bill 4420 impose corporate net income tax on some regulated investment companies and real estate trusts used as tax-sheltering “vehicles”…House Bill 4437 would impose enhanced criminal penalties for criminal acts against health care workers…House Bill 4440 would simply the state’s taxation procedures for production, marketing and delivery of natural gas and oil...House Bill 4444 would reduce the state’s corporate net income tax rate to 5.9 percent on July 1, 2008…House Bill 4455 would allow for additional fees to be collected locally for county development…House Bill 4459 would create a registry of persons convicted of operating a clandestine drug laboratory. A related bill, House Bill 4460, would require disclosure, in property deeds and leases, of the previous existence of an crystal methamphetamine laboratory…House Bill 4473 would establish a program for transfer of development rights without the requirement of an county election…House Bill 4476 would establish the Public-Private Transportation Facilities Act of 2008 in order to allow private entities to make some investments to address state transportation needs. 

 

West Virginia School Board Association
PO Box 1008
Charleston, WV 25324
Phone (304) 346-0571 • Fax (304) 346-0572 WVSBA.ORG

Sally Cann (Harrison), President
WhoCann5@cs.com

Howard M. O’Cull, Ed. D., Executive Director, Editor
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Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

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