WVSBA The Legislature

February 12, 2007 - Volume 27 / Issue 10

Bill Edition

Bills Introduced Feb.5-Feb. 9, 2007

Feb. 5-9 , 2007 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced Feb. 5 - 9, 2007, with Feb. 9 being the 30th day of the regular session.

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

Agency rules bills have not been reviewed.

A total ­107 bills/resolutions are reviewed.

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

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

Editor’s Note: Listing is not exhaustive.

 

PUBLIC EDUCATION

 

Some employer/employee communications would be prohibited

Senate Bill 503. The purpose of this legislation is to prohibit employer communications about politics, religion or labor-organizing activities.

There are additional provisions.

This legislation is the same as House Bill 2346 which is reviewed in the Jan. 22, 2007 issue of The Legislature.

Sponsored by Sens. Billy Wayne Bailey, D-Wyoming, and Jon Blair Hunter, D-Monongalia. Introduced Feb. 8. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb503%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to school nurse ratios

Senate Bill 515. Proposed revisions to §18-5-22 would require county boards to employ one full-time school nurse for every 750 students. (The current ratio requires county boards to employ one full-time nurse for every 1,500 students.) The provision would become effective July 1, 2007.

Another bill provision would eliminate a county board’s ability to contract with county health departments in order to provide equivalent nursing services for students.

There are 18 Senate sponsors, including lead sponsor Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 8. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb515%20intr.htm

Note: This bill is the same as House Bill 2730. Similar proposals have been introduced/considered in previous legislative sessions.

 

‘Employers’ would be required to remain ‘neutral’ regarding union issues, disputes and controversies.

Senate Bill 535. Proposed §21-1A-9 would require “any employer” who receives 50 percent of “its revenues, or greater, from state funds (to) remain neutral in labor union issues, disputes, and controversies.”

Note: “Employer,” as used in this proposed legislation, is not defined.

Sponsored by Sen. Hunter. Introduced Feb. 9. Referred to the Senate Labor Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb535%20intr.htm

 

County boards encouraged to share central office services

House Bill 2867. First introduced last year, this measure would authorize and encourage county boards of education to share services of central office administrative personnel and to obtain these services from Regional Education Service Agencies (RESAs).

The measure would amend §18A-4-8d, a provision of Code added in 1989.

The pertinent language reads:
           
(a)County boards are authorized and encouraged to join together to share the services of central office administrative personnel and to obtain central office administrative services from regional education service agencies.

(b) Before posting notice of an opening in any regular full-time or regular part-time central office administrator position of employment other than county superintendent, the county board shall determine the feasibility of obtaining the needed administrative services from the county board's regional education service agency and of sharing the services of administrators with the county boards of contiguous counties. The determination shall be in writing and contain supporting  reasons.

RESA services

(c) Where a county obtains central office administrative services from its regional education service agency, or where two or more counties join together to share the services of central office administrative personnel, any employee whose services    are no longer needed by virtue of the sharing of these services or the use of these services provided by a regional education service agency may have his or her contract terminated for lack of need, as provided in sections two and six, article two of this chapter, notwithstanding any provision of this code to the contrary. Any employee whose contract is so terminated shall be afforded all rights pursuant to section eight-b of this article.

Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Feb.6. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2867%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Boards would be required to adhere to ‘reasonable transportation schedules’

House Bill 2878. Proposed §18-5-48 would require school boards to set and maintain “reliable bussing schedules for bussing students and to limit the duration of travel for the students, based upon their age group.”

The bill reads as follows:

(a) Beginning the (2008-’09) school year and continuing thereafter, each county board of education shall provide transportation to and from school for each school child in the county that needs or desires transportation.

(b) Beginning the (2009-’10) school year and continuing thereafter, each county board of education shall establish, maintain and adhere to schedules for the transportation of students to and from school. Those schedules shall set forth the times for picking up and dropping off students. In no event may a board create a new bus route in which the times allotted between initial pick up and final drop off of any student exceed the following times:

  1. For elementary students, (30) minutes;
  2. For middle school students, (45) minutes;
  3. For high school students, (60) minutes.”

There are 10 House sponsors, including lead sponsor Del. Barbara Evans Fleischauer, D-Monongalia. Introduced Feb. 7. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2878%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to school-based interpreters

House Bill 2885. Proposed §18-5-18f would establish qualification standards for school interpreters.

Under terms of this legislation, by July 1, 2010 all school based interpreters must hold a certificate awarded by the Registry of Interpreters for the Deaf or the general level interpreter proficiency certificate awarded by the National Association of the Deaf.

The bill provides procedures grant current professional interpreters and recent graduates time to meet the new criteria.

A county board would be prohibited from hiring an interpreter who does not meet the new criteria after July 1, 2010 with the exception of new graduates.

Note: This legislation is similar to Senate Bill 422 and House Bill 2701. (Refer to the Feb. 5 issue of The Legislature for more information.)

Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Feb. 7. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2885%20intr.htm

 

Professional development would have to be consistent with county/school strategic plans

House Bill 2937. Proposed revisions to §18-5-45 would require professional development conducted on scheduled professional development days to also be consistent with school and county strategic plans (in addition to goals established by the state Board of Education).

Additionally, the measure would remove a restriction on the use of accrued instructional time for a full day of activities.

Current law says “accrued instructional time may not be used to avoid (180) separate days of instruction.”

Sponsored by Del. Mary Poling, D-Barbour (by request). Introduced Feb. 8. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2937%20intr.htm

Poling is House Education Committee chairwoman.

 

Certain boards could operate on four-day weeks

House Bill 2980. This proposed legislation, which also would amend the section of law relating to the school calendar, would allow county boards with low-density student populations to operate their schools on a four-day school week.

Any four-day school week schedule would have to “(meet) the hourly equivalent of the minimum instructional day requirements (of existing law).”

Sponsored by Del. Ron Walters, D-Kanawha. Introduced Feb. 9. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2980%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Measure concerns CDL licensure

Senate Bill 448. Similar to House Bill 2775, this bill relates to commercial driver's licenses (CDL), including provisions relating to disqualification of CDL license-holders for some violations of law.

The former bill would bring the state’s CDL requirements into conformity with federal statutes. Form more information regarding that particular proposal, refer to Issue Jan. 29, 2007 of The Legislature.

Senate Bill 448 is sponsored by Sen. Jeffrey V. Kessler, D-Marshall. Introduced Feb. 5. Referred to the Senate Transportation and Infrastructure Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb448%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

“Equitable Compensation Act” proposed

Senate Bill 477. Proposed §18A-4-2c would create the Equitable Compensation Act, establishing a minimum salary supplement for professional personnel holding nationally-recognized professional certifications.

Sponsored by Sen. Karen Facemyer. Introduced Feb. 7. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb477%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

West Virginia Athletic Training Board would be established

Senate Bill 533.  Proposed §30-4-1 et. seq. would establish the state Athletic Trainer Board which would be comprised of “the director of health or his or her designee,” three athletic trainers, one physician, one chiropractor, and one member of the public.

The bill defines “practice of athletic training” as meaning”:

“…the treatment of an individual for risk management and injury prevention, the clinical evaluation and assessment of an individual for an injury or illness, or both, the immediate care and treatment of an individual for an injury or illness, or both, and the rehabilitation and reconditioning of an individual's injury or illness, or both…and performed under the direction and supervision of an individual physician licensed…or an individual chiropractor…”

“The practice of athletic training does not include the practice of physical therapy, the practice of medicine, the practice of osteopathic medicine and surgery, the practice of chiropractic, or medical diagnosis or treatment.”

 

License required

Based on the newly-proposed statute, an individual would be prohibited from engaging in the “practice of athletic training unless licensed (under requirements established in the bill.”

Accordingly, “An individual licensed under this part shall not provide, offer to provide, or represent that he or she is qualified to provide any services that he or she is not qualified to perform by his or her education, training, or experience or that he or she is otherwise prohibited by law from performing.”

Individuals licensed “under any other part or any other act” would not be prohibited from “performing activities that are considered the practice of athletic training so long as those activities are within the individual's scope of practice and the individual does not use the titles protected under (the proposed statute).”

 

Titles that could be used

After the legislation become effective, an individual could not use the titles "athletic trainer", "licensed athletic trainer", "certified athletic trainer", "athletic trainer certified", "a.t.", "a.t.l.", "c.a.t.", "a.t.c.", or similar words that indicate that the person is an athletic trainer unless the individual is licensed under (the proposed law) as an athletic trainer.”

In order to implement the statute, the Board could “(utilize) the professional standards issued by the national athletic trainer's association, by the National Athletic Trainer's Association board of certification, or by another nationally recognized professional association…(and supplement these rules as well…)

 

80 hours’ continuing education

Another proposed section of law would allow promulgation of rules requiring at least 80 hours’ continuing education within each three-year license cycle in subjects related to athletic training.

In addition to the continuing education requirements of subsection required in the bill, an athletic trainer must have successfully completed a course of training in first aid, cardiopulmonary resuscitation, and foreign body obstruction of the airway approved by the department and offered or approved by the American Red Cross, the American Heart Association, or a comparable organization, as determined by the department.

There are other provisions.

Sponsored by Sen. Bailey. Introduced Feb. 9. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb533%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Several measures relate to county school service personnel

Senate Bill 534. Proposed revisions to §18A-4-8a would establish a minimum hourly rate of pay for school service personnel engaging in extracurricular assignments.

Under terms of the bill, the minimum hourly rate of pay would be “no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds…”

“…(An) alternative minimum hourly rate of pay for performing extracurricular assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county.”

The vote would have to be by secret ballot if requested by a service personnel employee within that classification category within that county.

 

Fractional time

The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly.

When performing extracurricular assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.

Sponsored by Sen. Bailey. Introduced Feb. 9. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb534%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure would make suggested cooks-per-meals ratio mandatory; several other provisions:

House Bill 2823. This 32-page bill, which amends several sections of Code regarding school service personnel would:

Sponsored by Dels. Kenneth Tucker, D-Marshall, and Jack Yost, D-Brooke. Introduced Feb. 5. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2823%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Omnibus school service personnel bill introduced

House Bill 2949. This bill is similar to House Bill 2418, which is reviewed in the Jan. 26 issue of The Legislature.

The measure, among other things, would allow service personnel to retain their seniority for purposes of Reductions in Force (RIFs) when moving from one classification to another.

It also has pay provisions, including additional pay for Kindergarten aides who have more than 20 students.

There are four House sponsors, including lead sponsor Del. Charlene Marshall, D-Monongalia. Introduced Feb. 8. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2949%20intr.htm

 

Bill would allow service personnel to acquire an additional Pay Grade after 10 years employment

House Bill 2981. Proposed amendments to §18A-4-8a would allow school service personnel to advance one Pay Grade after 10 years’ employment. Employees in the “top grade” would receive a $30 per month increase after 10 years’ employment.

Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 9. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2981%20intr.htm

 

Nurse practitioners’ prescriptive authority would be expanded

Senate Bill 537. Proposed revisions to §30-7-15a would expand prescription authority for advanced nurse practitioners. It also would remove the requirement for a collaborative relationship between the advanced nurse practitioner and a physician.

Sponsored by Sen. Hunter. Introduced Feb. 9. Referred to the Senate Health and Human Resources Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb537%20intr.htm

 

School psychologists and school nurses would be able to receive salary supplements and reimbursement for achieving national certifications

House Bill 2826. Proposed amendments to §18A-4-2b would include school psychologists and school nurses with other professional school personnel in terms of being able to be granted salary supplements and reimbursements for achieving national board certifications in their professional fields.

Sponsored by Del. Richard Browning, D-Wyoming. Introduced Feb. 5. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2826%20intr.htm

This measure is similar to Senate Bill 213 which is reviewed in the Jan. 29, 2007 issue of The Legislature. Similar proposals have been introduced/considered in previous legislative sessions.

 

Boards would be required to employ athletic directors

House Bill 2850. Proposed revisions to §18A-1-1 and proposed §18-2-9A would set standards for school athletic directors.

The bill also would require a high school to assign a full-time athletic director if the school has13 or more varsity sports, and at least a half-time athletic director if the school has 12 or less varsity sports.

These are among bill provisions:

Prerequisites

Persons who are currently employed as athletic directors would be exempt from the above prerequisites except that they must complete the Leadership Training Courses described above.

Duties

  1. Supervision of games;
  2. overseeing the athletic budget;
  3. hiring of game officials;
  4. scheduling athletic contest;
  5. knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules and regulations;
  6. maintaining proper records which includes a permanent file of players; medical forms, insurance forms, participation records, parent consent forms and birth certificates;
  7. scheduling transportation for athletic teams;
  8. preparing and verifying athletic eligibility lists;
  9. supervising, observing and evaluating coaches;
  10. securing all “needed personnel” for basic athletic event operations
  11. procuring and caring for athletic equipment; and
  12. other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.

Assistant athletic directors

There are three House sponsors, including lead sponsor Del. Paxton. Introduced Feb. 6. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2850%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Boards could make $500 payments to school personnel who inform the board of their intent to retire

House Bill 2918. Proposed revisions to §18A-2-5a would all county boards to “pay, entirely from local funds, $500 or less to any service employee, or to any professional employee who is not a classroom teacher, who gives written notice to the county board on or before (Feb. 1) of the school year of their resignation or retirement from employment with the board at the conclusion of the school year.”

Note: State law now provides for such payment for teachers.

There are 11 House sponsors, including lead sponsor Del. Sammy Cann, D-Harrison. Introduced Feb. 8. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2918%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would provide 6 percent increase for teachers

House Bill 2979. Proposed revisions to §18A-4-1, -2 would provide a six percent pay increase for teachers and to add pay increment categories for teachers with B.A. +30, +45 and Master's +60. The bill also bumps beginning teachers to the third year level of pay as of the 2007-‘08 school year.

There are nine House sponsors, including lead sponsor Del. Locke Wysong, D-Jefferson. Introduced Feb. 9. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2979%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Substitute teacher pay would not be able to be less than $80 per day

House Bill 2971. Proposed revisions to §18A-4-7 would provide teacher substitutes the full daily rate of pay if they teach in excess of 10 instructional days in the same school year.

Sponsored by Del. Paxton. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2971%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Bill would reduce local share to 70 percent

Senate Bill 485. This measure is the same as House bill 2706 which was reviewed in the Feb. 5, 2007 issue of The Legislature. It also is similar to House Bill 2815 which was also reviewed in the Feb. 5, 2007 issue of The Legislature. Sponsored by Sen. Hunter. Introduced Feb. 7. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb485%20intr.htm

 

Senate Education Formula Bill Introduced

Senate Bill 541. This is the Senate Education’s School Aid Formula bill, major provisions of which are included in the Feb. 9 issue of The Legislature.

Sponsored by Sens. Bob Plymale, D-Wayne, and Larry Edgell, D-Wetzel. Introduced Feb. 9. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb541%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Measure would allow school-level student uniform policies

Senate Bill 449. Proposed revisions to §18-2-35 would encourage the dissemination of information on public school student uniform policies and successful strategies for implementing them to all public schools in the state so that they may be discussed and considered on a school-by-school basis for optional adoption and implementation.

Another bill purpose is to establish a policy framework to authorize the adoption and implementation of student uniform policies by public schools in this state, including the minimum criteria that must be included in the authorizing policies adopted by the county boards.

 

Extensive provisions

Under terms of the legislation, the state Board of Education would be responsible for revising its existing legislative rule, "School Uniforms," if necessary to comport with the provisions of this section.

County boards would be required to “adopt a policy under which the schools in the county may be authorized to implement a student uniform policy.”

The county board policy would have to include at least the following provisions:

  1. The school principal, faculty senate and its Local School Improvement Council “must agree that a student uniform policy would benefit the school and obtain a vote of (60 percent) of the parents and guardians of the students at the school, or a greater percentage if established in the policy of the county, to adopt a student uniform policy;”
  2. The principal “must obtain approval from the county superintendent;”
  3. The must appoint and may serve on a student uniform policy committee. It would be comprised of professional and service personnel, parents or guardians and, for schools, having grades above grade six, school student representatives.

  4. Components

    The school uniform policy must address at least the following:

  5. The types and colors of the student uniform;
  6. Measures to encourage or compel compliance with the student uniform policy including incentives and positive reinforcement measures to encourage full compliance and disciplinary measures that may be employed only after positive measures fail;
  7. Exemptions from the student uniform policy including, but not limited to:
  8. A process to provide financial assistance for compliance with the student uniform policy including, but not limited to:
  9.  

    Families in need of assistance


  10. The designation of an employee or school volunteer to assist families in need of assistance;
  11. A procedure for families to apply for financial assistance;
  12. A procedure and criteria to identify families in need of financial assistance; and
  13. A description of the form and type of financial assistance available in the school community which may include, but is not limited to, a method for recycling uniforms within the school community and any resources made available within the school community and its business partners;

The school principal “must cause a brochure to be published and distributed to the parents or guardians of the school's students informing them of the implementation of a student uniform policy at the beginning of the next school year.”

 

Brochure

  1. The brochure must:
    • Fully describe the student uniform program;
    • Contain a detailed description of the student uniform and list the range of costs for each competitively priced item; and
    • Describe the procedure for seeking financial assistance and the contact person; and
    • A student may not be suspended or expelled from school, nor may a student receive a lower academic grade, for failure to comply with a school's student uniform policy. A parent conference must be held before the imposition of disciplinary measures on a student for failure to comply with a school's student uniform policy.
  2. The bill has a provision saying its provisions do not “require a county board or any public school to adopt a dress code requiring school uniforms for students.”

Another proviso says that bill provisions wouldn’t “require a school with a uniform policy in effect on the effective date of this section to modify or repeal its policy.”

There are other provisions, including sections relating to legislative findings which support use of school uniforms.

Sponsored by Sen. Edgell. Introduced Feb. 5. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb449%20intr.htm

This bill is the same as House Bill 2846. There are six House sponsors, including lead sponsor Del. Larry A. Williams, D-Preston. Introduced Feb. 5. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2846%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Healthy beverages measure introduced

Senate Bill 501. Proposed revisions to §18-2-6a would prohibit the serving of soft drinks in elementary, middle or junior high schools during the school day.

Its provisions also would require high schools selling or serving soft drinks during the school day to sell and make "equally accessible to students healthy beverages.”

 

Breakfast and lunch periods

 The proposed legislation would prohibit the sale or serving of soft drinks in high schools during breakfast and lunch periods, and would require that the sale of soft drinks and healthy beverages be administered by the state Department of Education.

Other bill provisions require profits from the sale of healthy beverages to the benefit of the nutrition program and would prohibit competitive sales of foods and beverages of minimal nutritional value in the food service areas during meal service periods, pursuant to 7 CFR §210.11(2006)

Sponsored by Sens. Dan Foster, D-Kanawha, and Ron Stollings, D-Lincoln. Introduced Feb. 8. Referred to the Senate Health and Human Resources Committee, then the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb501%20intr.htm

Also refer to House Bill 2842. That measure would “’correct’ contrary provisions that prohibit the sale of “healthy beverages” such as water, 100% juice and low-fat milk, during breakfast and lunch periods.

Provisions for profit allocation that conflict with the National School Lunch Program would be modified with the legislation not designed to “prohibit or limit the sale or distribution of any food or beverage item through a fund-raising activity conducted by students, teachers or educational groups when the items are intended for sale off the school grounds.

Juice beverages with a minimum of 20% real juice are removed from the "healthy beverage" definition.

There are other provisions.

Sponsored by Sen. M. Poling (by request). Introduced Feb. 5. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2842%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

WVBE members could acquire Public Employees Insurance

Senate Bill 510. Proposed revisions to §5-16-2 would allow members of the state Board of Education to acquire Public Employees Insurance Agency (PEIA) coverage if they were to pay the entire cost of the coverage.

Sponsored by Sen. Plymale. Introduced Feb. 8. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb510%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Teachers could use alternative education programs to receive additional endorsements

House Bill 2939. Proposed revisions to §18A-3-1a would authorize the state board to adopt a rule and implement alternative education programs for certified teachers to obtain additional endorsements to teach in other areas of certification.

The state board must report a proposed rule to Legislative Oversight Commission on Education Accountability prior to implementation.

Sponsored by Del. M. Poling (by request). Introduced Feb. 8. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2939%20intr.htm

 

Standards would be set for athletic trainers

House Bill 2850. Proposed revisions to §18A-1-1 and proposed §18A-2-9a would set standards for school athletic directors.

The bill also requires a high school to assign a full-time athletic director if the school has 13 or more varsity sports, and at least a half-time athletic director if the school has 12 or less varsity sports.

County boards would be require to “employ and assign through written contract, athletic directors to supervise the management and the operation of high school athletic activities to which they are assigned…”

 

Credentials

The bill itemizes “credentials appropriate” for an athletic director. They include the following:

  1. A “minimum” five years’ interscholastic or intercollegiate coaching experience; and
  2. Compliance with one of the following education requirements:

Any person employed in the capacity of athletic director during, or prior to, the 2006 - 2007 school year is exempt from the prerequisites listed above.

Working under the supervision of the school principal and in accordance with the rules of the county board of education, the athletic director would 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.

 

Responsibilities

Responsibilities of an athletic director include:

  1. Supervision of games;
  2. overseeing the athletic budget;
  3. hiring of game officials;
  4. scheduling athletic contest;
  5. knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules and regulations;
  6. maintaining proper records which includes a permanent file of players; medical forms, insurance forms, participation records, parent consent forms and birth certificates;
  7. scheduling transportation for athletic teams;
  8. prepare and verify athletic eligibility lists;
  9. supervising, observing, and evaluating coaches;
  10. securing all needed personnel for basic athletic event operations;
  11. procuring and caring for athletic equipment; and
  12. other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
Assistant directors


County boards also would be required to employ assistant athletic directors “when  needed.”

These individuals must hold “valid credentials appropriate for his or her assignment.”

Beginning July 1,  the “prerequisite for assignment as a high school assistant athletic director is the completion of the Leadership Training Courses (listed above),” although persons currently employed in this position would be exempt from the requirement.

There are other provisions. There are three House sponsors, including lead sponsor Del. Paxton. Introduced Feb. 6. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2850%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to WVBE’s establishment of college and work readiness credentials

House Bill 2859. Proposed revisions to §18-2E-8a, §18-2-6, and §18-2E-8 would require the state board to establish requirements for college readiness and work readiness credentials that certify to colleges and employers that a student has demonstrated the proficiencies needed to be successful.

These credentials would be “value-added” credentials granted to qualifying students by the county in addition to the high school diploma.

Existing code provisions on more general certificates of proficiency and electronic portfolio are deleted or repealed.

The existing “Jobs Through Education Employer Panel” would become an advisory body.

There are three House sponsors, including lead sponsor Del. M. Poling. Introduced Feb. 6. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2859%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure concerns “policies and practices” that distract from a thorough and efficient education

House Bill 2911. Proposed revisions to §18-2E-8b would providing a “framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education.”

Based on several findings and “a continuing and heightened interest on improving efficiency so that the resources focused on improving student, school and school system performance and progress may be maximized, it is the intent of this section to establish a framework to avoid the imposition of policies and practices upon the public schools that interfere with the Legislature's ability to provide for a thorough and efficient system of education by distracting attention and resources from the core mission of the public schools, improving student, school and school system performance and progress.”

As stated in the proposed legislation, “every policy, rule or proposed program under consideration by the state board, its agencies or any other agency of the state that will affect the public schools shall have a fiscal note attached to it that estimates the cost to the public schools…”

 

Extensive fiscal note

            The following items are to be included in the fiscal note:

  1. Direct expenditures for personnel, including substitute coverage and the need for personnel in specific certification areas, materials, training, equipment, facilities, travel and any other areas for which direct expenditures may be necessary;
  2. Indirect expenses and costs such as the anticipated additional time that will be required for teachers and administrators to comply with the requirements of the policy, rule or proposed program, including any additional documentation or reporting requirements; and
  3. Opportunity costs

  4. Opportunity costs to the extent that any existing duties, functions or activities will or may be hindered, diminished or eliminated as a result of the policy, rule or proposed program and the contribution of these duties, functions and activities toward providing a thorough and efficient education that will be lost, including, but not limited to, changes in the allocation of time and effort by teachers and principals, changes in the allocation of instructional time and resources, existing courses and programs of study that will or are likely to be reduced or eliminated if new requirements are added without additional resources and any other current activities that will or may be hindered, diminished or eliminated.

Alternative conditions

Based on the above criteria, state board policies, rules or programs adopted by the Board, an agency of the state board or other agency of the state that affects the public schools would be subject to the following alternative conditions:

  1. The state board, the agency of the state board or another agency of the state that adopts a policy, rule or program affecting the public schools is solely responsible for any direct, indirect or opportunity costs to the public schools resulting from the policy, rule or program and such policy, rule or program shall be enforceable in the public schools only to the extent that the state board, agency of the board or other agency of the state that adopted the policy, rule or program provides the resources necessary for implementation; or
  2. Process for Improving Education Council


  3. The state board, an agency of the state board or another agency of the state that has a policy, rule or proposed program affecting the public schools under consideration may notify the members of the process for improving council of the policy, rule or proposed program and its fiscal note and request a meeting to consult on the policy, rule or proposed program with the objective of achieving consensus on the importance of the policy, rule or program for improving student, school and school system performance and progress, the strategies for minimizing the direct, indirect and opportunity costs to the public schools of implementation of the policy, rule or program and the action to be undertaken to ensure the capacity of the public schools to implement the policy, rule or program including, if necessary, plans for requesting and receiving additional resources from the Legislature or other sources prior to adoption of the policy, rule or program; or
  4. The state board, an agency of the state board or another agency of the state that has a policy, rule or proposed program affecting the public schools under consideration may submit an improvement package in its budget request to the Legislature prior to adoption of the policy, rule or program requesting such additional resources and statutory amendments it considers necessary to provide adequate capacity for the public schools to implement the policy, rule or program.

OEPA


The bill has an additional provision that directs the Office of Education Performance Audits to conduct a review of all policies, rules and programs affecting the public schools that have been adopted, amended or initiated since July 1, 1999, which is the effective date of the current statute, to “determine whether the county boards and schools have the capacity to meet the requirements within the policies, rules and programs.

“If it is determined that the county boards and schools do not have the capacity to meet these requirements, the (OEPA) audits shall report these findings to the state board along with any recommendations it considers necessary for additional capacity building, or modification or repeal of the policy, rule or program.”

A copy of each report shall also be filed with the Legislative Oversight Commission on Education Accountability (LOCEA).

There are other provisions.

Sponsored by Del. Paxton. Introduced Feb. 7. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2911%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

“West Virginia Remembers Program” would be established

House Bill 2967. Proposed §18-2A-8a would create the “West Virginia Remembers Program,” the purpose of which is to allow U.S. military veterans to share their experiences in the military with public school students.

The WVBE would be required to promulgate rules and regulations “with regard to solicitation of speakers from veterans groups and maintenance of lists by county boards of available speakers.”

There are 11 House sponsors, including lead sponsor Del. Tim
Armstead, R-Kanawha. Introduced Feb. 9. Referred to the House Veterans Affairs and Homeland Security Committee, then the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2967%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would designate physics as required course for graduation

House Bill 2969. Proposed §18-2-9 would require the teaching of physics in all public secondary schools as a course need for graduation.

Sponsored by Del. Kevin Craig, D-Cabell. Introduced Feb. 9. Referred to the House Education Committee, Introduced Feb. 9. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2969%20intr.htm

 

Salary supplement would be provided to Medicaid service providers

House Bill 2970. Proposed revisions to §18-2-5b would provide a salary supplement for public school providers of Medicaid eligible services.

The pertinent bill language reads:

“From the percentage of Medicaid reimbursements received by the county board and reserved for utilization for a Medicaid service provider salary supplement…, each county board shall semiannually distribute a salary supplement to employees of the county who provide Medicaid eligible services.

The amount of the supplement to each employee shall be determined by dividing the amount of the reimbursements that are accounted for by each type of Medicaid eligible service during that six-month period equally among all employees who provide that type of Medicaid eligible service.”

Sponsored by Del. Paxton. Introduced Feb. 9. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2970%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

House version of Joint Government Organization Grievance Bill introduced

House Bill 2862. This measure, as introduced, is the same as Senate Bill 442. The bills codify recommendations of the governor’s working group relating to school and public employee grievances.

The Senate Bill was reviewed in the Feb. 9 and Feb. 5 issues of The Legislature.

There are six House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Feb. 6. Referred to the House Government Organization Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2862%20intr.htm

 

 

Measure seeks to improve quality and accountability for Early Childhood Education

Senate Bill 452. Proposed §18-31-1 et. seq. would establish the West Virginia Kids First program.

These are among bill provisions:

Governing board


   The ex-officio members of the board include:

  1. The Secretary of the Department of Health and Human Resources, or his or her designee;
  2. The State Superintendent, or his or her designee;
  3. The Chancellor for Higher Education, or his or her designee; and
  4. The Chancellor of Community and Technical College Education, or his or her designee.
  5. By and with the advice and consent of the Senate, the Governor shall appoint to the board:
  6. A former member of the West Virginia Legislature with an appropriate level of knowledge about early childhood development;
  7. A representative of a nationally accredited early childhood development program operating in West Virginia;
  8. A person experienced in business management, finance and economic development;
  9. A representative of a not for profit organization with expertise in early childhood development policy;
  10. Two lay citizens; and
  11. A person with expertise in the area of early childhood development, who may be a nonresident of the state.

Operational aspects

Board powers and duties

Gifts

Four duties

The bill enumerates four board “duties,” including a review of existing early childhood development programs; ensuring that the preparation of detailed financial plans for implementing the program over a specified period of time is completed; Suggesting funding opportunities, which may include a dedicated funding source; and, developing  a funding model that will ensure quality through significant new investments and more efficient use of existing federal and state funding;

Another duty is to propose rules that will implement a plan for West Virginia's early childhood development system.

In developing this rule, the board shall “consider the work of and collaborate with policymakers, child advocates and business leaders engaged in determining the status of West Virginia's early childhood development system in comparison with the national gold standard for more than (100) early child development policies entitled policy domain framework developed by the National Center for Children and Families, Teachers College, Columbia University and engaged in the process of identifying the policies that will help West Virginia get the largest return on its investment in early childhood development.

 

Rule

The Board’s rule must address at least the following areas:

  1. Quality;
  2. Professional and workforce development;
  3. Informed families and informed public;
  4. Accountability and results orientation;
  5. Adequate early childhood education financing;
  6. Governance and coordination;
  7. Education in the early grades; and
  8. Health, oral health and mental health.

Another bill provision states that in terms of the West Virginia Department of Education, “the board's duties are limited to integration and coordination of those programs with other programs in the early childhood development system.”

A final bill provision says the program isn’t operable “unless and until” a legislative rule specified in the legislation is promulgated.

There are four Senate sponsors, including lead sponsor Sen. Plymale. Introduced Feb. 5. Referred to the Senate Education Committee, then the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb452%20intr.htm

 

 

Income tax credit would be allowed for Jackson’s Mill 4-H Camp

Senate Bill 463. This legislation is the same as House Bill 2731. It would allow an income tax check-off option for the Jackson’s Mill 4-H Camp.

Moneys would be used for operating the camp.

Sponsored by Sen. Joe Minard, D-Harrison. Introduced Feb. 6. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb463%20intr.htm

 

Measure would entitle National Guard members to pursue Master’s Degree

Senate Bill 487
. Proposed §15-1B-21 would entitle National Guard members pursuing a master's degree to receive  payment of tuition and fees for such.

Sponsored by Sens. Bailey and Hunter. Introduced Feb. 7. Referred to the Senate Military Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb487%20intr.htm

House Bill 2931 is a similar bill. There are seven House sponsors, including lead sponsor Del. Wysong. Introduced Feb. 8. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2931%20intr.htm

 

Bill would trace links of PROMISE Scholarship graduates to employment in West Virginia

Senate Bill 489. Proposed §5B-2B-4 would, among other things, require a report to be issued by the West Virginia Work Force Investment Council concerning “the status and outcome data regarding the council and local work force investment boards' success in linking West Virginia PROMISE scholars to employment with a West Virginia employer.”

There are other provisions.

There are four Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Feb. 7. Referred to the Senate Economic Development Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb489%20intr.htm

The House companion measure is House Bill 2892. There are four sponsors, including lead sponsor Del. Paxton. Introduced Feb. 7. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2892%20intr.htm

 

Proposed legislation relating to West Virginia Works Program necessary for compliance with federal statutes

Senate Billl 518. Proposed §9-9-3, -6, -7, -8, and -9 would make statutory changes that are necessary to bring the West Virginia Works statutes into compliance with requirements of the Deficit Reduction Act.

Several statutory adjustments would have to be made, including provisions relating to the “waiving (of some existing statutes) for any qualifying participant with a child under six years of age if the participant is unable to obtain appropriate and available child care services.

 

Vocational training

Another bill provision would require the state Department of Health and Human Resources and representatives of state higher education institutions to “develop and implement a plan to use and expand the programs available at the state's community and technical colleges, colleges and universities to assist beneficiaries or participants who are enrolled or wish to become enrolled in vocational educational training not to exceed twelve months with respect to any individual to meet the work requirements of this section. Vocational educational training must be supervised daily and on an ongoing basis.”

There are several other proposed provisions

There are four Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Feb. 8. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb518%20intr.htm

The House companion measure is House Bill 2872. There are five House sponsors, including lead sponsor Del. Barbara Hatfield, D-Kanawha. Introduced Feb. 6. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2872%20intr.htm

 

Measure concerns ‘Faculty Excellence Act’

House Bill 2965. This legislation is the same as Senate Bill 432 which was reviewed in the Feb. 5 issue of The Legislature.

There are five House sponsors, including lead sponsor Del. Linda Longstreth, D-Marion. Introduced Feb. 9. Referred to the House Education Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2965%20intr.htm

 

County boards could be charged for student remediation

House Bill 2874.
Proposed revisions to §18B-2A-4 would authorize colleges and universities to charge county boards of education for remedial education classes attended by graduates of West Virginia high schools.

Sponsored by Del. Walters. Introduced Feb. 6. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2874%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Academic freedom statute proposed

House Bill 2884. The purpose of this legislation is to “protect academic freedom in higher education.”

To that end, the legislation states that “all faculty must be hired, fired, promoted and granted tenure on the basis of their competence and appropriate knowledge in the field of their expertise and, in the humanities, the social sciences, and the arts, with a view toward fostering a plurality of methodologies and perspectives.

 

Political and religious beliefs

“No faculty may be hired or fired or denied promotion or tenure solely on the basis of his or her political or religious beliefs.”

The legislation would require tenure, search and hiring committee deliberations must be recorded and made available to appropriately constituted authorities empowered to inquire into the integrity of the process.

The names of committee members may be redacted from the record.

No faculty member may be excluded from tenure, search and hiring committees on the basis of his or her political or religious beliefs.

Students must be graded solely on the basis of their reasoned answers and appropriate knowledge of the subjects and disciplines they study and may not be graded on the “basis of their political or religious beliefs.”

Curricula and reading lists in the humanities and social sciences must respect the uncertainty and unsettled character of all human knowledge in these areas and provide students with dissenting sources and viewpoints.

 

Diversity of approaches

“While teachers are and should be free to pursue their own findings and perspectives in presenting their views, they must consider and make their students aware of other viewpoints. Academic disciplines must welcome a diversity of approaches to unsettled questions,” according to the proposed legislation.

Additionally, the bill says that “exposing students to the spectrum of significant scholarly viewpoints on the subjects examined in their courses is a major responsibility of faculty. Faculty may not use their courses for the purpose of political, ideological, religious or anti-religious indoctrination.”

 

Intellectual pluralism

The measure also says the “principles of academic freedom and the promotion of intellectual pluralism must be observed in the selection of speakers, allocation of funds for speakers programs and other student activities” and that the “obstruction of invited campus speakers, destruction of campus literature or other effort to obstruct the civil exchange of ideas may not be tolerated.”

A final bill provision states that “because knowledge advances when scholars are free to reach their own conclusions about which methods, facts and theories have been validated by research, academic institutions shall maintain a posture of organizational neutrality with respect to the substantive disagreements that divide researchers on questions within, or outside, their fields of inquiry.”

There are 11 House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced Feb. 7. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2884%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

PEIA members could seek treatment at foreign medical facilities

House Bill 2841. First introduced last year, the purpose of this legislation is to provide incentives to covered employees to obtain treatment in foreign health care facilities accredited by the Joint Commission International.

Under terms of the legislation, if there are sufficient savings to do so, covered employees may choose to travel to foreign countries for medical care and treatment with the cost of travel, lodging and the treatment paid for by PEIA.

In addition, PEIA would reimburse the employee 20 percent of any savings, pay for the lodging and travel cost of a companion, pay for the cost of lodging for seven days of convalescence and pay the employer for seven days of paid sick leave for the employee.

There are 10 House sponsors, including lead sponsor Del. Ray Canterbury, R-Greenbrier. Introduced Feb. 5. Referred to the House Banking and Insurance Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2841%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure correlates PEIA deductibles to decreases in medical or prescription drug use

House Bill 2845. Proposed §5-16-5 would adjust the percentage charged to employees for Public Employees' Insurance to reflect changes in deductibles, copays and coinsurance, including any reduced cost derived from decreases in utilization of medical or prescription drug costs.

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

Sponsored by Del. Joe DeLong, D-Hancock. Introduced Feb. 5. Referred to the House Banking and Insurance Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2845%20intr.htm

 

Bill increases age of dependents for PEIA coverage

House Bill 2940. Proposed revisions to §5-16-13 would increase the age of a dependant child or stepchild for coverage under the provisions of the West Virginia Public Employees Insurance program to age 25.

There are eight sponsors, including lead sponsor Del. Cann. Introduced Feb. 8. Referred to the House Banking and Insurance Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2940%20intr.htm

 

 

One-time option proposed for DCRS members to join Teachers Retirement System (TRS)

Senate Bill 486. Proposed §18-7C-6 would to provide a one-time option to members of the Defined Contribution Retirement System to opt into the State Teachers' Retirement System.

Sponsored by Sens. Hunter and Randy White, D-Webster. Introduced Feb. 7. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb486%20intr.htm

The House companion measure is House Bill 2865. There are 11 House sponsors, including lead sponsor Del. Craig.

Introduced Feb. 6. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2865%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Retirees who missed work due to pregnancy could purchase up to one year retirement credit

House Bill 2836. Proposed revisions to §18-7A-14c would allow a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the teachers retirement system.

Sponsored by Del. Walter Duke, R-Berkeley. Introduced Feb. 5. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2836%20intr.htm

 

Measure concerns “unredeemed” benefits

House Bill 2899. Proposed revisions to §18-7A-23 would be amended so that the section is “retroactive to all members who died on or after (July 1, 2002) and whose eligible spouse has not redeemed the accumulated contributions as provided in subdivision two of this subsection.”

There are seven House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Feb. 7. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2899%20intr.htm

 

TRS members would have same annuity options as PERS members

House Bill 2959. Proposed revisions to §18-7A-23b would provide members of the Teachers Retirement System with the same retirement annuity options available to members of the Public Employees Retirement System.

Sponsored by Del. Doug Stalnaker, D-Lewis (by request). Introduced Feb. 9. Referred to the House Pensions and Retirement Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2959%20intr.htm

 

 

Bill would provide one-time supplements to PERS retirees when reaching age 70

House Bill 2879. Proposed revisions to §5-10-22j would provide for a three percent supplement for all Public Employees' Retirement and Teachers' Retirement Systems annuitants when they reach age 70.

There are six House sponsors, including Del. Ralph Rodighiero, D-Logan. Introduced Feb. 7. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2879%20intr.htm

 

Home confinement officers would be able to retire at age 50 with full benefits

House Bill 2936. Proposed revisions to §5-10-21 would allow home confinement officers who are members of PERS to retire at age 50 with full benefits.

Sponsored by Dels. Craig and Doug Reynolds, D-Cabell. Introduced Feb. 8. Referred to House Pensions and Retirement Committee, then House Finance Committee, thttp://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2936%20intr.htm

 

 

Bill would change name of Bureau of Employment Programs

Senate Bill 454. Proposed revisions to §5B-1-2 (and related sections of Code) would change the name of the state Bureau of  Employment Programs to “Workforce West Virginia.”

There are several other provisions relating to revising the divisional structures within the agency.

Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Feb. 5. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb454%20intr.htm

 

 

Bill would define statute of limitations as relating to child support

Senate Bill 456. One of the primary purposes of this legislation is to provide that, in child support cases, the statute of limitations begins to expire when the last child included in the order emancipates.

Sponsored by Sen. Prezioso. Introduced Feb. 5. Referred to the Senate Judiciary Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb456%20intr.htm

The House companion is House Bill 2985. There are three House sponsors, including lead sponsor Del. Jon Amores, D-Kanawha. Introduced Feb. 9. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2985%20intr.htm

 

Bill provides for methods males may use to contest paternity allegations

Senate Bill 491. This is the same as House Bill 2030. The legislation would establish a means for males to contest allegations or presumptions of biological parentage.

There are five Senate sponsors, including lead sponsor Del. Donna J. Boley, R-Pleasants. Introduced Feb. 7. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb491%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to Joint Parenting Act

Senate Bill 504. Proposed §48-9A-101, et. seq. would establish a rebuttable presumption of joint legal and physical custody of their children in child custody matters. It outlines procedures and criteria to be used when determining the custody of children. It also provides procedures addressing relocation of parents after divorce.

There are several provisions including the declaration that “allegations of substance, spousal or child abuse or neglect and any subsequent issuance of protective orders are not sufficient to cause cessation or reduction of parent-child contact,” although a “written finding of substantiated abuse is sufficient to allow the court to deviate from an equal time-share arrangement and award custody to one parent.”

There is similar language relating to child abuse.

Another bill provision states that “knowingly making false allegations of child or spousal abuse is sufficient grounds to challenge parental fitness of the accuser. Allegations raised in the context of divorce or custody proceedings deserve heightened scrutiny as to their veracity…”

There are seven Senate sponsors, including lead sponsor Sen. John Pat Fanning, D-Wyoming. Introduced Feb. 8. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb504%20intr.htm

House Bill 2943 is the House companion measure.

There are six House sponsors, including lead sponsor Del. John Ellem, R-Wood. Introduced Feb. 8. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2943%20intr.htm

 

Family court orders appeal time would be expanded

Senate Bill 538. Proposed revisions to §51-2A-11, which relates to family court petitions of appeal, would allow any party to file such a petition made by a family court judge, or by a senior status circuit judge, circuit judge or other judicial officer appointed to within 30 days following the entry of an order granting or denying final relief, or within 30 days following the entry of an order on a motion for reconsideration of an order granting or denying final relief if the motion for reconsideration was filed within 30 days following entry of the order to be reconsidered.

It also allows the circuit court up to 60 days to decide on party's appeal if another party has filed a motion for reconsideration.

Sponsored by Sen. Hunter. Introduced Feb. 9. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb538%20intr.htm

 

Sixth grade girls would be vaccinated against human papillomavirus

House Bill 2835. Proposed revisions to §16-3-4 would require vaccinations of all girls entering the Grade Six against the human papillomavirus.

There are nine House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced Feb. 5. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2835%20intr.htm

 

Factors outlined for consideration regarding grandparents’ visitation rights

House Bill 2858. Proposed revisions to §48-10-502 would revise the grandparent visitation statute to include additional factors for consideration including the child's relationship with the parent contesting grandparent visitation; any history of abuse by the parent, any criminal activity or history on the part of the parent and the amount of time the child spent with the grandparents prior to the absence of contact.

This bill is the same as Senate Bill 31.

Sponsored by Dels. Linda Sumner, R-Raleigh, and Larry Barker, D-Boone. Introduced Feb. 6. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2858%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would allow exemptions from immunization

House Bill 2941. Proposed revisions to §16-3-4 would provide an exemption from mandatory immunizations for "good cause" or due to religious prohibition.

This bill is similar to Senate Bill 91.

Sponsored by Del. Orphy Klempa, D-Ohio. Introduced Feb. 8. Referred to the House Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2941%20intr.htm

 

 

Bills relate to all-terrain vehicles (ATVs)

Senate Bill 508. This measure would regulate all-terrain vehicles. As such, the bill would

  1. Require dealers to collect the privilege tax;
  2. issue a permit card and identification on titled and non-titled all-terrain vehicles;
  3. update definitions relating to ATVs;
  4. describe permit application; transfer ownership of titled and non-titled all-terrain vehicles;
  5. create a special revenue account;
  6. provide an application fee;
  7. transfer information to the assessor;
  8. create a nonresident temporary-use permit; and, provide criminal penalties.

There are three Senate sponsors, including lead sponsor Sen. Bowman. Introduced Feb. 8. Referred to the Senate Transportation and Infrastructure Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb508%20intr.htm

The House companion measure is House Bill 2915. There are three House sponsors, including lead sponsor Del. Sam Argento, D-Nicholas. Introduced Feb. 7. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2915%20intr.htm

Senate Bill 509. This measure would bill impose regulations on the use and operation of all-terrain vehicles. Toward this end, the bill contains provisions addressing the following:

  1. Prohibiting operation on paved roads or highways;
  2. prohibiting operation with a passenger unless allowed under manufacturers' specifications;
  3. providing for regulation of all-terrain vehicles by local government authorities;
  4. authorizing all-terrain vehicle incident forms;
  5. reporting requirements for all-terrain vehicle incidents; and,
  6. exempting the Hatfield McCoy Trail.

There are three Senate sponsors, including lead sponsor Sen. Bowman. Introduced Feb. 8. Referred to the Senate Transportation and Infrastructure Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb509%20intr.htm

The House companion bill is House Bill 2914. There are four House sponsors, including lead sponsor Del. Tucker. Introduced Feb. 7. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2914%20intr.htm

The bill is similar to House Bill 2898 . There are nine House sponsors, including lead sponsor Del. Corey Palumbo, D-Kanawha. Introduced Feb. 7. Referred to the Senate Government Organization Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2898%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Sexual offense victims wouldn’t have to pay forensic exam costs

Senate Bill 529. Proposed revisions to §61-8B-6 would prohibit any requirement that an alleged victim of a sexual offense must pay for the costs of a forensic examination.

Sponsored by Sen. Kessler. Introduced Feb. 9. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb529%20intr.htm

 

Measure relates to ‘violent sex offenders’

House Bill 2873. Proposed §15-14-1 et. seq. would provide a procedure for committing violent sex offenders after they have served prison terms or when they have been found unfit to stand trial.

Sponsored by Del. Walters. Introduced Feb. 6. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2873%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Sex offenders would have to register when they are incarcerated

House Bill 2919.
Proposed amendments to §15-12-2 would require persons incarcerated for sex offenses to register as such at the time they are incarcerated.

There are seven House sponsors, including lead sponsor Del. Kelli Sobonya, R-Cabell. Introduced Feb. 8. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2919%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Persons committing sex crimes against minors would have to wear GPS devices

House Bill 2920. Proposed amendments to §62-11D-3 would subject persons convicted of sexual offenses against minors who are on parole or probation to "GPS" monitoring for the duration of their life.

There are four House sponsors, including lead sponsor Del. Soboyna. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2920%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Additional information to be included on sex offender registry

House Bill 2921. Proposed revisions to §15-12-2 would require additional information to be included on the sex offender registry, namely Information related to the exact age of any victim of the offender at the time of the offense as well as information concerning the familial relation, if any, of the offender to the victim; information concerning any past sexual offenses committed by the offender; and information concerning any date or dates the offender will be eligible for parole.

There are nine House sponsors, including lead sponsor Del. Soboyna. Introduced Feb. 8. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2921%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would eliminate “good time” for persons convicted of sex crimes involving children

House Bill 2924. Proposed revisions to §28-5-27 would eliminate “good time” for persons convicted of sex crimes involving minor children.

There are nine House sponsors, including lead sponsor Del. Soboyna. Introduced Feb. 8, Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2924%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to class action suits paperwork

Senate Bill 531. Proposed §31D-5-504 would reduce the number of copies of law suit petitions, demands or complaints to be filed with the Secretary of State in class action law suits.

Sponsored by Sen. Kessler. Introduced Feb. 9. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb531%20intr.htm

 

Sex bias crimes addressed

House Bill 2851. Proposed revisions to §61-6-21 would include sexual orientation and disability as a bias-based crime civil rights violation for purposes of criminal responsibility.

The measure also removes “unnecessary conspiracy provisions” as included in the existing statute and would clarify that the statutory provision are not intended to limit free speech or religious expression.

There are eight House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 6. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2851%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Human Rights Act would include prohibit discrimination based on sexual orientation

House Bill 2860. Among its several provisions, this legislation 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 "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing.

The section of Code amended refers to the state Human Rights Commission.

There are eight House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 6. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2860%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Motorcyclists under age 21 and passengers would have to wear helmets

House Bill 2834. Proposed revisions to §17C-15-44 would remove the requirement that motorcycle operators and passengers 21 years old or older wear helmets, except that all operators licensed less than two years would be required to wear helmets. The bill also modifies language concerning the motorcycle safety and education committee to correctly reflect it is an eight member board rather than a six member board.

There are other provisions.

There are four House sponsors, including lead sponsor Del. Tucker. Introduced Feb. 5. Referred to the House Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2834%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would create misdemeanor offense for adulterating or “defeating” bodily fluid tests for drugs and alcohol

House Bill 2962. Proposed revisions to §60A-4-412 would create misdemeanor criminal offenses for attempting to defeat urine and bodily fluid screens for drugs or alcohol.

There are five House sponsors, including lead sponsor Del. Daniel Poling, R-Wood. Introduced Feb. 9. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2962%20intr.htm

 

“Murder of a child” crime would be created for parents’ exposure of youth to manufacturing of controlled substance

House Bill 2996. 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 five House sponsors, including lead sponsor Del. Reynolds. Introduced Feb. 9. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2966%20intr.htm

 

 

Political activities of deputy sheriffs and municipal police officers would be defined

Senate Bill 526. Proposed revisions to §7-14-15 and §8-14-19 would amend the law relating to the political activities of deputy sheriffs and municipal police officers by changing the list of prohibited political activities by deputy sheriffs and municipal police officers and providing certain exceptions.

Under terms of the legislation, deputy sheriffs and municipal police officers are prohibited from being candidates for or holding public office in the county or municipality where employed and prohibited from soliciting political contributions or donations from members or employees of the county or municipality.

The bill also provides penalties for appointed or elected officials who violate its provisions.

There are three Senate sponsors, including lead sponsor Sen. Evan Jenkins, D-Cabell. Introduced Feb. 9. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb526%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Candidates who file untimely campaign reports would be named

Senate Bill 494. Under terms of this legislation, the Secretary of State would be authorized to publish the names of any candidate, financial agent or treasurer of a political party committee who fails to file campaign finance reports in a timely manner.

Sponsored by Sen. Hunter. Introduced Feb. 7. Referred to the Senate Judiciary Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb494%20intr.htm

Also refer to House Bill 2958 which is a related measure. It would allow the Secretary of State to assess a criminal penalty of $25 per day when a candidate fails to file a campaign financial statement, or fails to file a campaign financial statement or fails to amend an incomplete or inaccurate statement, within 30 days of receiving a certified notice that the statement is delinquent.

There are three House sponsors, including lead sponsor Del. Stalnaker. Introduced Feb. 9. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2958%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Supreme Court Justices would be elected on non-partisan ballots

House Bill 2950. Under terms of this proposed legislation, all justices to the West Virginia Supreme Court of Appeals and all circuit court judges on a nonpartisan basis.

There are seven House sponsors, including lead sponsor Del. Soboyna. Introduced Feb. 8. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2950%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Primary Election would occur in March

House Bill 2957. Proposed §3-5-1b would change the Primary Election date to the second Tuesday in March, with corresponding dates changes for filing for election.

There are other bill provisions.

There are 11 House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced Feb. 9. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2950%20intr.htm

 

Ballot would have to be clearly marked/punched for write-in position

House Bill 2972. Under terms of this bill, which would amend §3-4A-27, would require ballots for write-in positions to be clearly marked or punched.

There are nine House sponsors, including lead sponsor Del. Palumbo. Introduced Feb. 9. Referred to House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2972%20intr.htm

 

 

Bill relates to information technology donations

Senate Bill 514. Proposed §12-3A-7 would allow the State Treasurer to donate surplus information technology to political subdivision, educational, nonprofit, and charitable organizations.

Recipients of donated technology are liable for all matters associated with the donated information technology.

There are four Senate sponsors, including lead sponsor Sen. H. Truman Chafin, D-Mingo. Introduced Feb. 8. Referred to the Senate Government Organization Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb514%20intr.htm

The House companion bill is House Bill 2894. There are nine House sponsors, including lead sponsor Del. DeLong. Introduced Feb. 7. Referred to the House Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2894%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Wireless Infrastructure Council would be established; emphasis on rural areas of statell

Senate Bill 517.
Proposed §24G-1-1 et. seq. would establish the wireless infrastructure council to ensure that needed wireless infrastructure is in place within this state.

The bill authorizes state agencies, institutions and departments which hold real property owned by the state to enter into long term leases with eligible wireless entities for the construction, placement and operation of wireless infrastructure and creates a revolving loan fund to provide financial assistance for the construction of wireless infrastructure in underserved rural areas of this state.

The bill gives the Commissioner of Highways the power of eminent domain in order to acquire property necessary to facilitate the construction, placement and operation of wireless infrastructure within the state.

There are several other provisions.

Sponsored by Sens. Shirley Love, D-Fayette, and Minard. Introduced Feb. 8. Referred to the Senate Transportation and Infrastructure Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb517%20intr.htm

 

Bill would provide state employees six percent pay increase

House Bill 2961. Proposed revisions to §5-5-2 would provide public employees a six percent pay raise effective July 1, 2007.

There are three House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 9. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2961%20intr.htm

 

 

Consumers Sales Tax

Bill would reinstate exemption for comprehensive community mental health care centers

Senate Bill 488. Proposed revisions to §11-15-9 would reinstate the sales tax exemption for comprehensive community mental health care centers and comprehensive mental retardation facilities.

Sponsored by Sen. Prezioso. Introduced Feb. 7. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb488%20intr.htm

The House companion measure is House Bill 2976. There are six House sponsors, including lead sponsor Del. Marshall. Introduced Feb. 9. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2976%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Sales tax would be placed on wagers or plays by racetrack video lottery licenses

House Bill 2912. Proposed revisions to §11-15-3 and §11-15-9 would apply a consumer sales and service tax upon sales of wagers or plays by racetrack video lottery licenses to players of racetrack video lottery, while removing the exemption of the consumers sales and service tax for sales of wagers or plays by racetrack video lottery licensees to players of racetrack video lottery.

The bill also provides an exemption from the consumer sales and service tax upon food and food products sold for human consumption off the premises where sold.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced Feb. 7. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2912%20intr.htm

 

Motor vehicle consumers sales tax proposed

House Bill 2982. Proposed §11-15-3c would abolish the privilege tax and impose a five percent tax on the sale and use of motor vehicles.

There are 11 House sponsors, including lead sponsor Del. Craig Blair, R-Berkeley. Introduced Feb. 9. Referred to the House Roads and Transportation Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2982%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.


Property taxation

Ten percent cap proposed for property tax valuations and assessments

Senate Bill 478. Proposed revisions to §11-1C-9 would provide a ten percent cap on any increase in assessment in any one year.

Sponsored by Sens. John Yoder, R-Berkeley, and Clark Barnes, R-Randolph. Introduced Feb. 7. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb478%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions

 

 

Bill would increase fines for stores selling tobacco/liquor products to minors

House Bill 2883. Proposed revisions to §16-9A-2 would increase the fines to stores selling tobacco products to minors; increase the fines to anyone furnishing tobacco or liquor to a minor; and to increase fines for anyone under age 21 using false identification to purchase liquor from a retail licensee.

The current fine for a first offense of selling tobacco products to minors is $25. It would be raised to $100. A second offense fine currently is $100. It would increase to $250, with a third offense fine increasing from $500 to $750 dollars.

Subsequent violations would cause the store to lose its license to sell tobacco products.

For those persons who are underage and who purchase alcohol, they would be fined $100 and placed on a one year’s probation upon conviction.

There are five House sponsors, including lead sponsor Del. Wysong. Introduced Feb. 7. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2883%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Senate Bill 458 would create the Rural West Virginia Agricultural and Resource-based Industry Development Corporation. The Corporation would make loans, issue bonds, and acquire and dispose of property to develop the agricultural industry…Senate Bill 459 would allow correctional officers to retire after 20 years’ service…Senate Bill 468 would provide penalties for employment of unauthorized workers. There is a related House bill…Senate Bill 480 would declare gambling and lottery winnings to be taxable, while losses would not be…Senate Bill 499 would redefine “managed timberland” for purposes of taxation (preferential tax reduction) for properties totaling 1,000 acres or less. There are other provisions…Senate Bill 525 would decrease the 911 fee on wireless telephones from $3 to 75 cents, reverting the distribution formula for 91l fees to the previous formula…Senate Bill 520 would provide a tax exemption for nonprofit corporations providing electricity to state residents…Senate Bill 536 would authorize county commissions to impose an amusement and recreation tax…

House Bill 2822 would transfer duties of the Parkways, Economic Development and Tourism Authority to the Division of Highways…House Bill 2857 relates to redistricting due to census figures and statistics…House Bill 2875 develops a procedure for filling a county commission seat vacancy when remaining commissioners can’t agree on a person to fill the seat…House Bill 2876 would allow local governments to participate in the state Auditor’s purchasing card program…House Bill 2968 would state that county assessor employees who work in the Assessor’s Valuation Fund office are also considered county commission employees…House Bill 2978 would establish the “Genetic Information Privacy Act,” with restrictions as to “genetic” information which employers could request from employees or receive. The measure has been introduced in several past legislative sessions.

 

         

The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

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