February 15, 2010 - Volume 30 / Issue 10
Overview
Inside
- Public Education
- County Boards
- Public school employees
- Public school transportation
- West Virginia Board of Education
- West Virginia Secondary Schools Activities Commission (WVSSAC)/Athletics
- West Virginia Higher Education Policy Commission (HEPC)
- Teachers Retirement System (TRS)
- Public Employees Insurance Agency (PEIA)
- Public Employees Retirement System (PERS)
- Unemployment Compensation
- Education Related
- Briefly
Feb. 8-12, 2010 Session Bills Reviewed
By Howard M. O’Cull, Ed.D.,
West Virginia School Boards Association Executive Director
Listed below are West Virginia Senate and House of Delegates bills introduced Feb. 8-12, 2010.
The 60-day Second Regular Session of the 79th West Virginia Legislature will reached its half-way point Thursday, Feb. 11.
Monday, Feb. 22, the 41st day of the session, is the last day to introduce bills in the Senate and the House. (This does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.)
Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.
A 62 total of bills are reviewed.
For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org
Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us
Editor’s Note: Listing is not exhaustive.
PUBLIC EDUCATION
County boards
Time would be extended for Boone County Board of Education to meet as levying body
Senate Bill 548. This measure would extend the time for the Board of Education of Boone County to meet as a levying body to present to the voters of Boone County the question of renewing an excess levy from the third Tuesday of April until the last day in May, 2010 that is not a Saturday, Sunday or legal holiday.
Sponsored by Sen. Ron Stollings, D-Boone. Introduced Feb. 11. Referred to Senate Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB548 intr.htm&yr=2010&sesstype=RS&i=548
The House companion measure is House Bill 4447. Sponsored by Del. Larry W. Barker, D-Boone. Introduced Feb . 11. Referred to House Political Subdivisions then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4447 intr.htm&yr=2010&sesstype=RS&i=4447
Governmental Agencies would be able to issue revenue bonds secured by lottery revenue in order to construct public projects
House Bill 4458. This is the companion to Senate Bill 163. Proposed §13-2H-1 et. seq. would authorize county commissions, municipalities and county boards that receive lottery revenues to issue bonds secured by such lottery revenues to construct public projects.
Senate Bill 163 is reviewed in the Jan. 25, 2010, issue of The Legislature.
Sponsored by Delegates Tom Campbell, D-Greenbrier, and Orphy Klempa, D-Ohio. Introduced Feb. 11. Referred to House Political Subdivisions then House Finance.
County boards would be permitted to impose an “additional levy” to fund public libraries
House Bill 4463. Proposed §10-1-2 would permit counties, county boards and municipalities to impose an additional levy on property within the county for the sole purpose of funding public libraries. The bill states legislative intent. The bill also establishes tax rates for classes.
Funding for libraries in the 11 counties having been established through Special Acts of the Legislature would remain in effect except for those “specific subsections of each special (Act) concerning library funding that will now no longer be continued…”
There are other provisions.
There are seven House sponsors, including Delegate Richard J. Iaquinta, D-Harrison. Introduced Feb. 12. Referred to House Political Subdivisions then House Finance.
House Bill 4455 is a related bill. It would change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library. The bill also would create a library board with the power to operate the public library.
Finally, the bill would also provide a means of financing the operation of the Martinsburg-Berkeley County Public Library.
There are five House sponsors, including Del. Terry Walker, D-Jefferson. Introduced Feb. 11. Referred to House Government Organization then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
School assaults, batteries and other such incidents would have to be reported to the “appropriate juvenile authorities”
House Bill 4487. Proposed §18-5-48 would require “…principals, teachers and other school employees of public middle, junior and senior high schools to make reports of disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to the school or school functions.
“Principals shall file a report within forty-eight hours with the county superintendent and the juvenile probation authority of any incident of which they have knowledge.
“ Teachers and other school employees shall immediately report to the principal any incident of which they have knowledge. The teacher and employee shall assist the principal in the preparation of the report required (as the statute would require.)
The measure includes several definitions and other provisions.
There are four House sponsors, including lead sponsor Del. John R. Frazier, D-Mercer. Introduced Feb. 12. Referred to House Education then House Judiciary.
Public school employees
West Virginia employers would be required to verify legal employment status of all workers
Senate Bill 504. This legislation is the same as House Bill 4266. The purpose is to require “…all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 - Public Law 104-208, Division C, Section 403(a); 8 U.S.C. Section 1324a, (which is) operated by the United States Department of Homeland Security.
For more information, refer to the Feb. 8, 2010, issue of The Legislature.
Senate Bill 504 is sponsored by Sen. Karen Facemyer, R-Jackson. Introduced Feb. 8. Referred to Senate Labor then Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB504 intr.htm&yr=2010&sesstype=RS&i=504
The reference for House Bill 4266 is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4266 intr.htm&yr=2010&sesstype=RS&i=4266
Measure would provide a means for teacher candidates who are not US citizens to teach in West Virginia public schools
House Bill 4380. Proposed revisions to §18A-3-2a would allow a “candidate from a foreign country (to be) eligible for a license to teach in the public schools of the state by:
- Obtaining a satisfactory score on a test of English language proficiency;
- providing evidence of a resident alien card; and
- meeting other requirements established by the state (Board of Education)…”
Sponsored by Delegates Mary Poling, D-Barbour, and Walter Duke, R-Berkeley. Introduced Feb. 5. Referred to House Education then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4380 intr.htm&yr=2010&sesstype=RS&i=4380
(Introduced on behalf of the state Department of Education.)
Bill would establish the “Flexible Leave Act”
House Bill 4387. Proposed §21-5G-1 et. seq. would establish the Flexible Leave Act allowing for the use of earned leave with pay for an illness in an employee's immediate family.
“Employer” is defined as “a person engaged in a business, industry, profession, trade or other enterprise in the state. Employer includes a person who acts directly or indirectly
in the interest of another employer with an employee.”
“Employee” or “employees” means “any person suffered or permitted to work by an employer as defined (above.)”
Additionally, the bill would apply to “an employer that provides leave with pay under the terms of:
- A collective bargaining agreement; or
- an employment policy.”
The bill has several provisions regarding use of the “flexible leave.”
One provision states the proposed legislation does not affect “leave granted under the Federal Family and Medical Leave Act of 1993.”
There are seven House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Feb. 8. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.
Measure would redefine planning periods for teachers
House Bill 4398. Proposed §18A-4-14 would revise existing law so that “no teacher shall be required to instruct or monitor students, complete book studies, conduct student testing or participate in professional development and training activities during (duty-free lunch and daily planning periods). No teacher shall be required to attend assemblies or school fundraisers during this period. No teacher shall be required to conduct or participate in any meetings or other activities without the consent of the teacher and no county shall increase the number of hours to be worked by a teacher as a result of the teacher being granted a planning period subsequent to the adoption of this section (March 13, 1982).”
Sponsored by Delegate Ron Fragale, D-Harrison. Introduced Feb. 8. Referred to House Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4398 intr.htm&yr=2010&sesstype=RS&i=4398
County boards could provide salary increments or compensation for meeting goals for ‘student growth’ in terms of academic measures
House Bill 4423. Proposed revisions to §18A-4-5a would allow county boards to provide salary increments or additional compensation for teachers who are placed in a documented area of shortage or placed in a school with a high poverty or high minority student population, and to reward individual teachers, groups of teachers or schools for meeting goals for student growth in accordance with a rule to be adopted by the state Board of Education.
The rule, at a minimum, is to “define the area or areas of student growth and measures that support teaching and learning for the implementation of this (proposed legislation).”
Sponsored by Del. M. Poling and Duke. Introduced Feb. 10. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4423 intr.htm&yr=2010&sesstype=RS&i=4423
Revised annual professional personnel evaluation policy required
House Bill 4424. Proposed revisions to §18A-2-12 would require the state Board of Education to develop, for implementation beginning July 1, 2011, a revised annual personnel evaluation process for all professional personnel.
The evaluation system is to be aligned with the state Board of Education’s newly-proposed teaching and leadership standards.
Sponsored by Delegates M. Poling and Duke. Introduced Feb. 10. Referred to House Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4424 intr.htm&yr=2010&sesstype=RS&i=4424
NOTE: Both of the above bills were introduced on behalf of the state Department of Education.
$5,000 bonus would be provided to teachers of advanced placement math and science classes
House Bill 4427. Proposed revisions to §18-2E-3a would provide an annual $5,000 bonus to teachers of advanced placement math and science classes.
Sponsored by Del. Del. Troy Andes, R-Putnam. Introduced Feb. 10. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4427 intr.htm&yr=2010&sesstype=RS&i=4427
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public school transportation
Commercial Drivers License requirements would be updated to comply with federal law
House Bill 4401. This measure is similar to Senate Bill 396. It proposes several revisions to existing sections of Code relating to transportation matters in order to update requirements for one to obtain and retain a Commercial Driver's License based on recent changes in federal law and rule.
NOTE: As with the Senate bill, most of the changes do not materially affect school bus operators.
Sponsored by Del. Dale Martin, D-Putnam. Introduced Feb. 8. Referred to House Roads and Transportation then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4401 intr.htm&yr=2010&sesstype=RS&i=4401
The reference for Senate Bill 396 is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB396 intr.htm&yr=2010&sesstype=RS&i=396
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would increase fines for overtaking and passing a school bus stopped for receiving or discharging students
Senate Bill 541. The purpose of this legislation is to increase the fine for overtaking and passing a school bus stopped for the purpose of receiving or discharging children.
House Bill 4485 is a similar measure.
A proposed bill provision states, “When the identified driver of avehiclewillfully, wantonly or with reckless disregard violates the provisions of subsection (a) of this section, and the violation causes death, he or she is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year and no more than ten years and fined not less than $1,000 nor more than $3,000.”
There are several other provisions.
Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Feb. 11. Referred to Senate Education then Senate Judiciary.
House Bill 4485 has 11 House sponsors, including lead sponsor Del. Kelli Sobonya, R-Cabell. Introduced Feb. 12. Referred to House Judiciary then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
West Virginia Board of Education
Schools would not be required to use any particular instructional strategies except upon approval of the school curriculum team with concurrence of the faculty senate; exceptions are cited
House Bill 4436. Proposed revisions to §18-2E-5 would provide “discretion” to schools that make AYP to use assessments and adopt instructional strategies and programs that promote student learning.
Except for the WESTEST2, the Alternative Performance Task Assessment, the Online Writing assessment and the National Assessment of Educational Progress (NAEP), the school may not be required by any state or county policy to employ any specific instructional strategy or program to achieve the standards and objectives for courses required by the state board except upon approval by the school curriculum team with the concurrence of the faculty senate.
Also, the failure to use any specific assessment, instructional strategy or program may not be cited as a deficiency in any accreditation review of the school.
There are 11 House sponsors, including lead sponsor Del. Stan Shaver, D-Preston. Introduced Feb. 10. Referred to House Education.
West Virginia Secondary Schools Activities Commission (WVSSAC)/Athletics
WVSSAC would have to develop rules pertaining to concussions
House Bill 4413. Proposed revisions to §18-2-25 would require the West Virginia Secondary School Activities Commission to propose legislative rules concerning concussions.
The propose bill language reads, “The West Virginia Secondary School Activities Commission shall propose rules for legislative approval as appropriate…for developing the guidelines and other pertinent information and forms to inform and educate coaches, youth athletes, and their parents or guardians both, of the nature and risk of concussion and head injury including continuing to play after concussion or head injury.”
“Head Injury Information Sheet.”
“On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the youth athlete and the athlete's parent or guardian before the youth athlete's initiating practice or competition.
“A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from competition at that time.
“A youth athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives written clearance to return to play from that licensed health care provider.”
There are eight House sponsors, including lead sponsor Del. Jim Morgan, D-Cabell. Introduced Feb. 9. Referred to House Education then House Judiciary.
$10 million in Lottery funds would be used to fund athletics programs
Senate Bill 539. Proposed revisions to §29-22-18a would designate $10 million from the State Excess Lottery Revenue Fund for funding high school and middle school athletics.
Sponsored by Sen. Jeff Kessler, D-Marshall. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
West Virginia Higher Education Policy Commission (HEPC)
Measure would authorize HEPC to authorize legislative rule regarding Water Savings Revolving Loan Fund Program
Senate Bill 543. Proposed revisions to §29-22-18a would authorize a legislative rule for the Higher Education Policy Commission regarding the Energy and Water Savings Revolving Loan Fund Program.
Sponsored by Sen. Robert Plymale, D-Wayne. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
“Stay Home and Work Income Tax Incentive Act” proposed
House Bill 4384. This measure would establish the "Stay Home and Work Income Tax Incentive Act"; providing a tax credit for graduates of a higher education institution for a portion of the interest paid on student loans.
The bill also would establish a one-time modification reducing federal adjusted gross income for recent graduates of higher education institutions up to the first $30,000 with a five-year eligibility for the modification.
Additionally, it states these tax modifications are to be revoked if the eligible taxpayer establishes residency outside of West Virginia.
Finally, the bill requires promulgation of rules by the State Tax Commissioner.
Legislative findings.
The measure has several “Legislative Findings,” including the following statements:
“The State of West Virginia faces a demographic problem due to the inability of our state in the past two decades to attract and retain the younger generation into our state;
“The loss of young professionals and skilled workers is a self perpetuating cycle and requires decisive and creative action to reverse the trend;
“The retention, recruitment and advancement of young talent is critical to the future success of our state's economy, communities and intellectual infrastructure;
“States are in a stiff competition for the coveted younger demographic and are employing innovative strategies to create an economy and community attractive to this younger generation;
“The increase of intellectual capital through the attraction of the younger generation will enable the state to become more attractive to national and global companies to relocate to the State of West Virginia;
Incentive to “live, work and play in West Virginia.”
“Providing the younger generation with an incentive to live, work and play in West Virginia will increase the intellectual capital of the state and combat the demographic problem currently facing West Virginia and is therefore in the best interest of the State of West Virginia.”
The 15-page bill has numerous other provisions.
There are four House sponsors, including lead sponsor Delegate Doug Skaff Jr., D-Kanawha. Introduced Feb. 8. Referred to House Finance.
Measure would establish Higher Education Screening Advisory Committee
House Bill 4399. Proposed §18B-2D-1 et. seq. would create the Higher Education Merit Screening Advisory Committee to make recommendations to the Governor for appointments to governing boards of state universities, colleges and community colleges. The bill provides for the composition of the board, as well as its powers and duties.
The proposed board would have nine members.
Among the proposed committee’s powers and duties would be the charge to “make recommendations to the Governor at least (30) days prior to the expiration of terms for which recommendations have been requested to fill vacancies on higher education governing boards…”
The Committee would be responsible for recommending at least two and not more than three candidates for each vacancy, including those being asked to fill unfulfilled or partial terms.
If the recommendations of the committee are considered to be unacceptable by the Governor, the committee would be required to provide the governor with new recommendations.
There are 10 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 8. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Cloning would be prohibited at state medical schools
House Bill 4488. Proposed §18B-4-9 would prohibit cloning human embryos in state medical schools, colleges or universities. The bill requires dismissal from employment for violation of its provisions.
Sponsored by Del. Tim Armstead, R-Kanawha. Introduced Feb. 12. Referred to House Health and Human Resources then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Teachers Retirement System (TRS)
Time for acquiring additional TRS service credit would be extended
Senate Bill 553. Proposed revisions to §18-7D-6 would provide any individual who transferred from the Teachers’ Defined Contribution Retirement System to the TRS and who
- provided a signed verification of cost for service credit purchase form by June 30, 2009 but was unable to complete the purchase of the one and one-half percent contribution, or
- any member who did not request a verification of cost letter but attempted to purchase the one and one-half percent contribution and was denied in writing by the board on or before December 31, 2009 to request the TRS board to recalculate the contribution for 2010.
To receive full credit, the member would have to pay into the State Teachers Retirement System the recalculated purchase amount by June 30, 2010, or no later than 60 days after the postmarked date on a contribution recalculation from the board, whichever is later.
The recalculated contribution would include the interest loss at the actuarial rate of 7.5 percent.
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Feb. 12. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
$600 bonus proposed for TRS and PERS members
Senate Bill 560. Proposed §18-7A-26v would provide retirees from the Public Employees Retirement System and the State Teachers Retirement System who have at least 20 years service and whose annual annuity is not more than $7,200 to receive a one-time bonus of $600 for certain annuitants.
Sponsored by Sen. Foster. Introduced Feb. 12. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Measure relates to payment of association dues by TRS members, other retiree organizations
House Bill 4392. The purpose of this bill is to require the Consolidated Public Retirement Board to deduct from monthly benefits to retirees sums to pay retiree association dues (for TRS members and PERS members).
This is accomplished by changing existing statute and permitting retiree associations to receive dues by certifying to the Consolidated Public Retirement Board the amount of current dues without a retiree's written approval which is currently necessary.
The bill also requires the Consolidated Public Retirement Board and all other public retirement systems in the state to provide retiree associations or organizations lists of plan beneficiaries and addresses for blind mailings purposes.
This is currently prohibited by the provisions of §5A-8-21, enacted in 2004.
There four House sponsors, including lead sponsor Del. Martin. Introduced Feb. 8. Referred to House Pensions and Retirement then House Finance.
Public Employees Insurance Agency (PEIA)
Bill would change composition of PEIA Finance Board – Citizen Members
House Bill 4405. Proposed revisions to §5-16-4 would change the membership of the PEIA Financial Board by changing the number of citizen members from four to three, and requiring the position of the former citizen member be taken by a person who is an interested person from a participating political subdivision.
There are three House sponsors, including lead sponsor Delegate Tim Manchin, D-Marion. Introduced Feb. 9. Referred to House Political Subdivisions then House Government Organization.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Health insurance coverage would be required for Autism Spectrum Disorders
House Bill 4410. The purpose of this legislation is to require health insurance coverage for Autism Spectrum Disorders. The bill sets forth the types of coverage required and requires therapeutic services to be provided on a nondiscriminatory basis.
The bill has an extensive definitions section.
There are 11 House sponsors, including lead sponsor Del. Kim Miley, D-Harrison. Introduced Feb. 9. Referred to House Banking and Insurance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
PEIA would be required to advertise when seeking bids; exceptions
House Bill 4430. Proposed revisions to §5-16-9 would require the Public Insurance Agency and its contractors, under certain circumstances, to advertise that they are seeking bids (prior to acceptance of bids) on contracts relating to a section of Code concerning group hospital and surgical insurance, group major medical insurance, group prescription drug insurance, group life and accidental death insurance and other accidental death insurance.
There are eight House sponsors, including lead sponsor Del. Brent Boggs, D-Braxton. Introduced Feb. 10. Referred to House Finance.
Public Employees Retirement System (PERS)
Military service credit would be expanded to include recent wars, conflicts
House Bill 4440. Revised §5-10-15 would permit the period of service by veterans of the conflicts in Granada, El Salvador, Somalia, Afghanistan, Iraq and the Panama Canal be allowed as military service credit for persons who are eligible for Public Employees Retirement System (PERS) benefits.
There are 10 House sponsors, including lead sponsor Delegate Sam Cann, D-Harrison. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill relates to legislators’ PERS calculation
House Bill 4451. Proposed revisions to §5-10-52 would allow any member of the Legislature, or former member of the Legislature, who claims any benefits whatsoever under the retirement system based, in whole or in part, upon service as a member of the Legislature, to have his or her benefits calculated by averaging the compensation received for all years of accumulated service and not merely for some portion of service.
Sponsored by Dels. Bill Hamilton, R-Upshur, and Patrick Lane, R-Kanawha. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
Unemployment Compensation
Domestic violence victims could receive Unemployment Compensation
Senate Bill 569. This legislation is the same as House Bill 4332 which is reviewed in the Feb. 8, 2010, issue of The Legislature. The legislation would permit employees who have left employment due to being a victim of domestic violence, sexual assault or stalking to be eligible for Unemployment Compensation benefits.
Sponsored by Sen. Foster. Introduced Feb. 12. Referred to Senate Finance.
The reference for House Bill 4332 is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4332 intr.htm&yr=2010&sesstype=RS&i=4332
Similar proposals have been introduced/considered in a past legislative session or sessions.
EDUCATION-RELATED
Child Welfare
FBI would be able to make “history” record checks for child welfare agencies
Senate Bill 522. Proposed revisions to §49-2B-8 would authorize FBI criminal history record checks for child welfare agencies.(Current law allows FBI criminal history record checks “if necessary.” Under terms of this proposed legislation, checks would be authorized with the State Police “or” the FBI.)
Sponsored by Sen. Don Caruth, R-Mercer. Introduced Feb. 10. Referred to Senate Health and Human Resources then Senate Judiciary.
Bill clarifies that child abuse may be committed by “allowing” another person to engage in sexual exploitation
Senate Bill 533. Proposed revisions to §5-10-52 would clarify that child sexual abuse can occur when a parent, guardian, custodian or other person in a position of trust in relation to the child l knowingly procures “or allows” another person to “engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is less than 16 years of age, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, would be guilty of a felony and could be imprisoned for 5-15 years (in addition to fines).”
Sponsored by Sen. Kessler. Introduced Feb. 10. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB533 intr.htm&yr=2010&sesstype=RS&i=533
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would establish the Office of Child Advocacy with DHHR
Senate Bill 552. Proposed §49-6F-1 et. seq. would create the Office of Child Advocacy.
The measure would authorize the Office of Child Advocacy Executive Director to hire staff, to investigate and monitor the Department of Health and Human Resources Division of Child Protective Services and the Division of Corrections.
The Office is responsible for promoting “public awareness and understanding of Child Protective Services, to monitor and ensure compliance with administrative acts, relevant statutes, legislative rules and internal policies pertaining to child protective services and the investigations, placement, supervision and treatment of children in child abuse and neglect cases, foster care and placement, treatment and state operated and contracted youth and social services, including housing of status offenders.”
“Independent of DHHR.”
The office would be independent of DHHR and the Divisions of Corrections and neither agency may “prevent, inhibit or prohibit the office from initiating, carrying out or completing any investigation, review or other activity within the office's statutory duties and deemed necessary by the (Child Advocacy director).”
The Child Advocacy director would be appointed by the governor.
Powers.
The Child Advocacy would have the following powers and duties, namely to:
- “Review, monitor and investigate the performance of services for children as rendered by the state, including child abuse and neglect matters, foster care and placement, treatment, and state operated and contracted youth and social services, including housing of status offenders and incarceration of adjudicated delinquent children;
- Inspect and review of the operations, policies and procedures of foster homes, group homes, residential treatment facilities, shelters for the care of abused or neglected children, facilities and programs for adjudicated juvenile delinquents or any other public or private residential setting in which a child has been placed by the state;
Intervene in pending litigation involving abuse or neglected children. - Intervene in pending litigation involving abused or neglected children in order to insure circuit or family court judges and prosecuting attorneys comply with legal requirements related to abused or neglected children, and to appeal judicial acts or orders to the West Virginia Supreme Court of Appeals in the event the acts or orders appear not to be in compliance with applicable legal requirements;
- Intervene in disposition orders and placements, by petition to the court for hearings for modification of a dispositional order…when the director believes the best interests of a juvenile are not reflected in the disposition order. The presiding court shall consider the petition and at the discretion of the court may revise or modify the order accordingly. The director may, at his or her discretion, appeal any such order;
- Report to the Legislative Oversight Commission on Health and Human Resources Accountability annually by December 31 of each calendar year, concerning the state of each state entity's specific duties in child abuse and neglect matters, and provide nonconfidential information and assistance to the commission as it may otherwise request;
- Act as a neutral and nonadversarial arbiter in disputes between citizens and the Division of Child Protective Services;
Recommendations to governor. - Make recommendations to the governor for legislative or administrative changes designed to improve the state's performance in responding to child abuse and neglect cases as well as the prosecuting attorney and judiciary's role in the protection of children from child abuse and child neglect, and for the housing and treatment of adjudicated delinquent youth;
- Review, evaluate, report on and making recommendations concerning the procedures established by the state in providing services to children who are at risk of abuse or neglect, in the custody of the state or any child who receives child protective services;
- Review, evaluate, report on and make recommendations concerning the selection, assistance and monitoring of foster care homes, to assure proper placement and services to children placed in foster homes;
- Remain knowledgeable and informed regarding current law, changes in the law and trends in the law vis a vis child abuse child neglect and juvenile services, and to answer queries from the public regarding same;
- Remain knowledgeable and informed concerning the state's administrative practices, procedures and policies as they relate to the protection of children;
Filing legal actions in abuse and neglect cases. - File legal actions in abuse and neglect cases and for issues arising from incarceration and disposition of adjudicated juvenile delinquents, including, but not limited to, actions in mandamus, prohibition or declaratory judgment actions that seek to require governmental officials to perform necessary activities to adequately serve and protect children or to prohibit those officials from engaging in actions that are counterproductive to the protection and welfare of children;
- Disseminate information to the public on the objectives of the office, the services the office provides and the methods by which the office may be contacted, including, but not limited to, a toll-free telephone number to receive and respond to calls from citizens and a web page describing the services available through the office;
- Aid the governor and the Legislature in proposing methods of achieving increased coordination and collaboration among state agencies and entities, including the judiciary, to ensure maximum effectiveness and efficiency in the provision of services to children;
Training for CPS staff. - Provide necessary training and technical assistance to Child Protective Services, the Division of Corrections, prosecuting attorneys and the judiciary on issues relevant to the performance of their respective duties with regard to child abuse and child neglect;
- Apply for and accept grants, gifts and bequests of funds from other entities, states, federal and interstate agencies for the purpose of carrying out the lawful responsibilities of the Office of Child Advocacy; and
- Do all necessary activities intended to improve the Child Protective Services Division and treatment of juveniles within the Division of Corrections.”
To accomplish these objectives, the director could appoint an “adequate number of staff to properly perform the duties of the office.”
Access to information.
As required in the statute, the director would have access to:
- “All written reports of child abuse and neglect matters including the names of all children involved in investigation, treatment or placement by Child Protective Services;
- All records of local multidisciplinary teams…;
- All current and archived records maintained by Child Protective Services;
- All court documents, including, but not limited to, pleadings, petitions, orders and discovery information;
- All on-line case management information;
- All records of Child Fatality Review Teams…;
- All state institutions serving children, and state licensed facilities or residences…
- All current and archived records maintained by the Division of Corrections relating to juvenile offenders.
Communication with any child subject to CPS investigation.
The proposed legislation would allow the director to “communicate privately, by mail or orally, with any child who is the subject of a Child Protective Services investigation, treatment or placement in the custody of the Division of Corrections.”
Records. All records of the Office of Child Advocacy would “remain confidential…These records are not subject to any method of legal compulsion without a showing of good cause by the circuit or family court.
“ Information contained in those records may not be disclosed publicly in any manner that would disclose identifying information about complainants or witnesses.”
The records would be exempt from the state’s Freedom of Information Act.
Other sections.
The bill has three other proposed sections:
- The Office of Child Advocacy director or his or her staff could not be “compelled in any judicial or administrative proceeding to testify or produce evidence regarding the exercise of the official duties of the director. All related memoranda, work product, notes and case files of the office are confidential, not subject to discovery, judicial or administrative subpoena or other method of legal compulsion and are not admissible as evidence in a judicial or administrative proceeding.”
- An employee of the Office of the Child Advocacy is not liable for good faith performance under this article.
- The Office of Child Advocacy would be subject to agency sunsetting in 2013.
(There are certain exceptions, including the office’s “…direct knowledge of an alleged crime and the testimony, evidence or discovery sought is relevant to that allegation.”
Accordingly, “no discriminatory, disciplinary or retaliatory action may be taken against an employee of the state, an employee of a contracting agency of the state, a foster parent, a child under the custody of the Division of Corrections, or a recipient of service from Child Protective Services for any communication made, or information given or disclosed, to aid the Office of the Child Advocacy in carrying out its responsibilities, unless the communication or information is made, given or disclosed maliciously or not in good faith.”
Additionally, all “communications by the employees of the Office of Child Advocacy if reasonably related to the requirements of this section and done in good faith are privileged. This privilege serves as a defense in any action brought in libel or slander.”
There are several other provisions, including a substantial definitions section.
There are 11 Senate sponsors, including lead sponsor Sen. Roman Prezioso, D-Marion. Introduced Feb. 12. Referred to Senate Government Organization then Senate Finance.
The House companion measure is House Bill 4454. There are 11 House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Feb. 11. Referred to House Judiciary then House Finance.
Related Measure
House Bill 4481 is a related measure.
This legislation would establish a “Child Advocate for the Protection of Children.”
The governor would select and appoint the advocate from among nominees provided to his office.
The advocate would be paid $60,000 annually.
As funds permit, the advocate would be provided staff and the individual would be able to “contract with experts in fields including, but not limited to, medicine, psychology, education, child development, juvenile justice, mental health, and child welfare, as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate.”
Additionally, the “advocate (would) act independently of any state official, department, or agency in the performance of his or her duties.”
Duties.
The advocate would be responsible for performing the following duties, to:
- “Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children;
- Refer complaints involving abused children to appropriate regulatory and law-enforcement agencies;
- Report the death of any child to the chairperson of the Child Fatality Review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, and to provide such subcommittee access to any records of the advocate relating to such child;
- Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including, but not limited to, an annual written report for the governor and the Legislature and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy;
- Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article including…procedures for contacting that office; and
- Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in West Virginia.”
Periodic reportage.
- “To communicate privately, by mail or orally, with any child and with each child's parent or guardian;
- “To have access to all records and files of the division concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law-enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within the state…
- “To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or the Division and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation…shall be conducted in a manner which will not significantly disrupt the provision of services to children;
- “To apply to the governor to bring legal action in the nature of a writ of mandamus or application for injunction…to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children;
- To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children;
- “When less formal means of resolution do not achieve appropriate results, to pursue remedies…on behalf of children for the purpose of effectively carrying out the provisions of this article; and
- “To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies.”
Mandamus, injunctions.
Under terms of the bill, “No person shall discriminate or retaliate in any manner against any child, parent or guardian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate, or willfully interfere with the advocate in the performance of his or her official duties. Any person violating this subsection of this code section shall be guilty of a misdemeanor.”
Child Advocate Advisory Committee.
This measure establishes a seven-member advisory committee which is responsible for “reviewing and assessing…
- Patterns of treatment and service for children;
- Policy implications; and
- Necessary systemic improvements.
The Advisory Committee also is to “provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children.”
There are other provisions.
Sponsored by Del. Daryl Cowles, R-Morgan. Introduced Feb. 12. Referred to House Judiciary then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
CHIP Board would be able to set new eligibility, including children previously covered under an employer-sponsored plan
Senate Bill 572. Proposed revisions to §5-16B-6d would allow the board of the Children’s Health Insurance Program, in setting eligibility criteria for all children, to include those that have had coverage under an employer sponsored plan within the previous 12-month period.
There are four Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Feb. 12. Referred to Senate Health and Human Resources then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
State Convict Road Force would be prohibited from working around schools and child care centers
House Bill 4386. Proposed §17-5-13 and §62-11A-5 would restrict the State Convict Road Force from working around schools and other locations where children are present.
Under Bill provisions, the State Convict Road Force would be prohibited from working within 1,000 feet of a public school or “any child care center.”
The latter is defined as “a facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private for the care of five or more children for child care services in any setting, if the facility is open for more than (30) days per year.”
There are eight House sponsors, including lead sponsor Del. David Walker, D-Clay. Introduced Feb. 8. Referred to House Judiciary.
Pilot program would be developed for “at-risk” students in West Virginia
House Bill 4438. The purpose of this legislation is to create a commission that will develop a pilot program to help at-risk youth in a selected county in West Virginia by introducing prevention strategies for children through early intervention and diversion strategies.
14-member Commission.
The Governor's Commission on Improving Outcomes for At-Risk Youth would have 14 members, including one member of the state Board of Education, the Director of Institutional Education for the state Department of Education, “three community representatives from the county that houses the state's largest juvenile delinquency population, one of which will be from the local Workforce Investment Board Youth Council…,the Chief Juvenile Probation Officer, from the county with the most court involved youth; a member from the private mental health profession…,a member of local law-enforcement whose county has the highest number of juvenile arrests…,and the county school superintendent or his or her designee whose county has the highest number of students drop out of school.”
The governor would appoint the committee chairperson. A Senator and Delegate would be selected by the Senate President and Speaker, respectively, to advise the Commission.
Commission members would not receive compensation for serving but would be entitled to receive travel and expenses reimbursements.
Objectives.
The goal of the pilot program is to improve outcomes for at-risk youth as measured by the following objectives:
- “Coordinate services for at-risk youth and their families in the county chosen for the pilot program;
- “Reduce the number of youth in out-of-home placement;
- “Reduce the number of youth in out-of-state placement;
- “Reduce the number of status offenders referred to Department of Health and Human Resources;
- “Reduce the number of status offenders that progress to being adjudicated delinquent;
- “Reduce the number of youth that appear before the courts within the selected county;
- “Enroll, at least, (100) of the most at-risk youth in a program where they receive intensive tutoring and mentoring;
- “Increase the academic performance of youth enrolled in the tutoring and mentoring program; and
- “Reduce the dropout rate for youth enrolled in the program.”
Increase academic performance.
Commission powers and duties.
To accomplish the above goals, the Commission would:
- “Identify a county with the most at-risk youth, that also has adequate facilities and community leadership, to run a community based pilot program that brings together both state and local organizations, to work collaboratively to provide comprehensive, intense wrap around services to at-risk youth and their families in a seamless coordinated system; and
- “Identify the challenges confronting the most at-risk youth and their families and make specific recommendations to the pilot program administrators to improve the outcomes for these youths; specifically, to reduce the number of abuse and neglect cases, to reduce high school drop-out rates, to reduce substance abuse among youth including smoking, to reduce teen pregnancies, to reduce juvenile delinquency and to reduce the number of juvenile delinquents and youth aging out of foster-care that eventually enter into the adult criminal justice system.
-
Organization.
- “The pilot program would be operated by a local community-based organization in partnership with the West Virginia Department of Health and Human Resources, West Virginia Division of Juvenile Services, Prestera Center for Mental Health Services, (State Superintendent of Schools), county superintendent's office, local juvenile probation department and with other partner agencies to serve as a clearinghouse to coordinate comprehensive youth and family services.
- “The pilot program shall operate out of a centrally located building to coordinate service to youth and their families in the selected county from birth to (21 years of age) who are referred by Department of Health and Human Resources, the (county’s) juvenile court and probation department, West Virginia Division of Juvenile Services, the selected counties school system, social service agencies, churches, community based organizations and parents.”
“The pilot program shall be housed within the community and will be directed by a local community-based nonprofit organization.
“Centrally located building.”
There are nine House sponsors, including lead sponsor Delegate Barbara Hatfield, D-Kanawha. Introduced Feb. 11. Referred to House Finance. (NOTE: Six other Kanawha County Delegates are bill sponsors.)
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill concerns “Grandparent visitation rights”
House Bill 4465. This legislation would amend several sections of Code relative to “Grandparent Visitation,” changing the statutory definition of “child” (for grandparent visitation purposes) to “grandchild” and also expanding the definition of “grandchild” to include disabled adult children.
There are six House sponsors, including lead sponsor Del. Tiffany Lawrence, D-Jefferson. Introduced Feb. 12. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Child to be placed with a relative, where possible, when removed from home of a parent
House Bill 4478. The purpose of this bill is to require a child to be placed with a relative, where possible, when removed from the home of a parent under the Home-Base Family Preservation Act.
These are bill provisions:
“When a child is removed from a parent's home, the department shall place the child, in the absence of clear and convincing evidence of good cause to the contrary:
- In the least restrictive setting that most closely approximates a family and that meets the child's special needs, if any;
- Within reasonable proximity to the child's home, taking into account any special needs of the child and the preferences of the child or parent; or
- With, in the following order of preference:
“Reasonable proximity.”
- An adult family member;
- A family friend who meets the foster care licensing requirements established by the department;
- A licensed foster home that is not an adult family member or family friend; or
- An institution for children that has a program suitable to meet the child's needs.”
Measure would establish a “Bill of Rights for Children in Foster Care”
House Bill 4479. This measure would establish a “Foster Child’s Bill of Rights” under a section of state Code relating to “State Responsibilities for the Protection and Care of Children.”
The proposed legislation then outlines 11 specific “rights” foster children are to be afforded, including “…(the) inherent right to be cherished by a family of his or her own, either his or her family helped by readily available services and support to resume his or her care, or an adoptive family or, by plan, a continuing foster family” as well as to be “…nurtured by foster parents who have been selected to meet his or her individual needs, and who are provided services and support, including specialized education, so that the child can grow in its ability to enable the child to reach his or her potentiality.”
There are 10 House sponsors, including lead sponsor Del. Cowles. Introduced Feb. 12. Referred to House Judiciary.
A related measure, House Bill 4483, would establish a “Foster Parent’s Bill of Rights.”
Under terms of this bill, foster parents, among the 21 rights, would have the right to “communication with professionals who work with the foster child, including, but not limited to, therapists, physicians and teachers who work directly with the child.”
Right to “a period of respite”
Additionally, foster parents would have the right to “first consideration as the resource for a child in a foster parent's home who becomes free for adoption or another planned permanent living arrangement,” and the “right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.”
There are seven House sponsors, including lead sponsor Del. Cowles. Introduced Feb. 12. Referred to House Judiciary.
Prosecutors would have the right to “represent the public interest in protecting abused and neglected children”
House Bill 4480. Proposed revisions to §49-7-26 would clarify that prosecuting attorneys have all “individual authority and responsibility enjoyed by every other attorney-client relationship: Provided, however, That prosecuting attorneys have the right and responsibility to represent the public interest in protecting abused and neglected children when their position conflicts with that of the (Department of Health and Human Resources).”
There are eight House sponsors, including lead sponsor Del. Cowles. Introduced Feb. 12. Referred to House Judiciary.
Crimes
Measure relates to child support obligation
House Bill 4412. Proposed revisions to §61-5-29 would reduce from six months to three months the period of delinquency for failure to meet an obligation to pay support to a minor before failure to pay is a misdemeanor penalty.
There are 10 House sponsors, including lead sponsor Del. Iaquinta. Introduced Feb. 9. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
No text messaging would be allowed while one operates a motor vehicle
House Bill 4472. One of several bills introduced relating to this topic, House Bill 4472 would prohibit the use of a handheld mobile communication device to engage in text messaging and additional technology while operating a motor vehicle.
There is up to a $1,000 fine for a third conviction relative to violating the section.
There are 11 House sponsors, including lead sponsor Del. Miley. Introduced Feb. 12. Referred to House Roads and Transportation then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4472 intr.htm&yr=2010&sesstype=RS&i=4472
Similar proposals have been introduced/considered in a past legislative session or sessions.
Governmental Entities
Audit supporting documents would be confidential
Senate Bill 546. Under terms of this legislation, “…the supporting audit documentation of the Chief Inspector and his or her audit staff is confidential, and therefore, shall not be considered public records (under the state’s Freedom of Information Act)…”
There are five House sponsors, including lead sponsor Sen. Joe Minard, D-Harrison. Introduced Feb. 11. Referred to Senate Government Organization then Senate Judiciary.
The House companion bill is House Bill 4443. There are six House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Feb 11. Referred to House Judiciary.
Distance Learning Coordinating Council would be abolished
Senate Bill 568. This measure would abolish the state Distance Learning Coordinating Council.
(The entity was established to “develop long-range plans to integrate the instructional telecommunications system, to coordinate distance learning in West Virginia and to clarify the roles of the agencies involved in the state’s distance learning enterprise.”)
Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Feb. 12. Referred to Senate Government Organization.
Measure concerns “responsibility and liability of nonprofit youth organizations”
Senate Bill 567. Proposed §20-16-1 et. seq. would enact the Nonprofit Adventure and Recreational Responsibility Act.
It establishes the responsibility and liability of any Congressionally-chartered youth organizations with a facility of over 6,000 acres in this state offering certain adventure and recreational activities carrying inherent risks, as well as those of related providers and participants.
“Adventure or recreational activity” would include biking, mountain-biking, canopy activities, climbing and repelling, equestrian activities, fire arms training, hiking, backpacking, camping, paintball, etc.
Affected organizations would be responsible for making “reasonable and prudent efforts to determine the ability of a participant to safely engage in the adventure or recreational activity.”
“Dangerous traits or characteristics” of an activity.
They also would be responsible for informing participants of any “dangerous traits or characteristics or any physical impairments or conditions related to a particular adventure or recreational activity, of which the nonprofit youth organization or provider knows or through the exercise of due diligence could know.
The same notification would apply to “…any dangerous condition as to land or facilities under the lawful possession and control of the nonprofit youth organization or provider, of which the nonprofit youth organization or provider knows or through the exercise of due diligence could know, by advising the participant in writing or by conspicuously posting warning signs upon the premises.”
Additionally, these advisements would apply to participants’ inspection of equipment.
Finally, each participant would receive, for his or her inspection and signature, a statement which “clearly and concisely explains the liability limitations, restrictions and responsibilities” established by the statute.
Participants’ liabilities.
Each participant in an adventure or recreational activity would “expressly assume the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in an activity.
“(Thus), each participant would have the sole individual responsibility for knowing the range of his or her own ability to participate in a particular adventure or recreational activity, and it shall be the duty of each participant to act within the limits of the participant's own ability, to heed all posted warnings, to perform an adventure or recreational activity only in an area or facility designated by the nonprofit youth organization or provider and to refrain from acting in a manner which may cause or contribute to the injury of anyone.”
Protocol for an accident.
Finally, a participant involved in an accident is not to depart from the area or facility where the adventure or recreational activity took place without leaving personal identification, including name and address, or without notifying the proper authorities, or without obtaining assistance when that person knows or reasonably should know that any other person involved in the accident is in need of medical or other assistance.
Liability. In terms of liability, a nonprofit youth organization would not be liable for injuries having occurred because of negligence, intentional injury, for acts and omissions which, on the part of the organization, constitute “gross negligence or willful and wanton conduct which is the proximate cause of injury to a participant.
There are other conditions relating to liability, including fines and penalties.
There are other provisions.
There are three Senate sponsors, including lead sponsor Sen. William R. Laird IV, D-Fayette. Introduced Feb. 12. Referred to Senate Judiciary.
The House companion is House Bill 4470. There are six House sponsors, including lead sponsor Del. David Perry, D-Fayette. Referred to House Natural Resources then House Judiciary.
NOTE: This legislation apparently refers to a 2009 agreement by Boy Scouts of America agreement to purchase Fayette County property for a “high adventure center.”
Bill relates to access for “state documents that are born digital”
Senate Bill 570. Revised §10-1-18a would require the state Library Commission and the State Depository Library Clearinghouse, in consultation with the State Office of Technology, to develop, maintain and provide public access to an electronic system which can accommodate public state documents that are born digital.
Sponsored by Sen. Bowman. Introduced Feb. 12. Referred to Senate Government Organization.
Documents in electronic format would be considered public documents
Senate Bill 571. Revised §10-1-18a would clarify that any document created or published by a state agency in an electronic or digital format is a "public document" as it relates to a state agency's obligation to submit public documents to the state publications clearinghouse.
Sponsored by Sen. Bowman. Introduced Feb. 12. Referred to Senate Government Organization.
Mineral rights could benefits state agencies
House Bill 4394. Under terms of this legislation, mineral rights would be able to be used to benefit state agencies, institutions or departments.
Bill provisions would apply to “… all free gas, sand, gravel or other natural resources derived from a lease or contract made pursuant to this article will be used to benefit the state agencies, institutions, or departments for which the corporation was acting or to benefit any state agencies, institutions, or departments having adjacent property.”
The Public Land Corporation Fund would be responsible for coordinating with “other state agencies, institutions, and departments in order to develop and execute plans to utilize those organizations' mineral rights which benefit their operations or the operations of any other state agencies, institutions, or departments.”
That corporation exists within the state treasury.
There are other provisions.
Sponsored by Dels. Iaquinta and Swartzmiller. Introduced Feb. 8. Referred to House Government Organization then House Judiciary.
Agencies would be compelled to comply with deadlines relating to preparation of the Department of Administration’s Comprehensive Annual Financial Report
House Bill 4396. This bill would give authority to the Finance Division, the State Auditor and the Budget Section of the Division of Revenue to take actions necessary to assure audited and unaudited agencies included in the comprehensive annual financial report comply with all deadlines established by the Finance Division of the Department of Administration.
Sponsored by Del. Harry Keith White, D-Mingo. Introduced Feb. 8. Referred to House Government Organization then House Finance.
Taxation
Measure would create Code inconsistency regarding county board excess levies
Senate Bill 547. Proposed revisions to §11-8-12 would correct an inconsistency between the two sections to be amended and the 2007 amendments to §11-8-9.
Under terms of the legislation, in those years when a levy is placed on the ballot for consideration during a primary election, the session shall stand adjourned until the last day of May that is not a Saturday, Sunday or legal holiday, at which time it shall reconvene (currently he third Tuesday in April).
NOTE: This proposal relates to a Boone County Board of Education excess levy election. (See Senate Bill 548 and House Bill 4447 listed above.)
Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Ron Stollings, D-Boone. Introduced Feb. 11. Referred to Senate Government Organization.
The House companion measure is House Bill 4448. Sponsored by Del. Barker. Introduced Feb. 11. Referred to House Education then House Finance.
Bill would exempt sales of tangible personal property and services by public or private schools
House Bill 4389. This measure would exempt sales of personal tangible property and services by public and private schools from consumer sales tax and service.
NOTE: House Education has approved this measure, referring it to House Finance.
The bill has eight House sponsors, including lead sponsor Del. Fragale. Introduced Feb. 8. Referred to House Education then House Finance.
Briefly...
Senate Bill 542 would provide uniformity in for definitional terms relating to All-Terrain Vehicles…Senate Bill 562 would give the state Department of Administration control over the state’s motor vehicle and aircraft fleet…Senate Bill 565 would require state boards of examination or registration to maintain permanent public office space to conduct business.
House Bill 4419 would require the Secretary of the Department of Health and Human Resources to propose rules for legislative approval on or before June 30, 2010, to establish caseload standards for the program areas within the department…House Bill 4439 would require applications for farmland valuation every five years unless the property is sold…House Bill 4453 would provide Monongalia County with an additional magistrate…House Bill 4482 would implement a program of random drug testing for recipients of temporary assistance for needy families cash benefits – and for state legislators…House Bill 4338 would increase the barrel tax on beer. The incurred moneys would be used to augment alcohol and drug abuse programs.
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