February 16, 2009 - Volume 29 / Issue 2
Overview Info
Inside
- Public Education
- Compulsory Schooling
- County Boards
- Drivers Licenses
- Exceptional Students
- Public School Personnel
- Public School Support Program (PSSP)
- West Virginia Board of Education (WVBE) / State Superintendent of Schools
- West Virginia Secondary Schools Activities Commission (WVSSAC)
- West Virginia Higher Education Policy Commission (HEPC)
- Teachers Retirement System (TRS)
- Public Employees Insurance Agency (PEIA)
- Public Employees Retirement System (PERS)
- Education Related
- Unemployment Compensation
- Workers Compensation
- Abortion - Unemancipated Minors
- Alcohol
- Child Welfare
- Crimes
- Elections
- Governmental Entities
- Taxation
- Tobacco
- Briefly...
Feb. 11-13, 2009 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. 11-13, 2009, during the first three days of the First Regular Session of the 79th West Virginia Legislature.
Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.
A total 168 bills are reviewed.
For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org.
Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us
Editor’s Note: Listing is not exhaustive.
PUBLIC EDUCATION
Compulsory Schooling
Testing exemption proposed for children receiving compulsory school attendance if they attend church school
House Bill 2020. Proposed revisions to §18-8-1 would – the statutory language uses the term “may” – exempt a child from the requirement of standardized testing by the county superintendent.
A bill proviso states, “in lieu of standardized testing, the church school shall administer an established test used within the particular religious community, substantially equivalent to the standardized test, which is designed to test for achievement and proficiency in the subjects of English, grammar, reading, social studies, science and mathematics.”
According to the bill, the proposed legislation is based on Wisconsin v. Yoder, 406 U.S. 205 (1972).
The proposed legislation would make a number of stylistic changes in existing statute.
Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 11. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2020%20intr.htm&yr=2009&sesstype=RS&i=2020
Measure would raise compulsory schooling attendance from ages 6 to 18
House Bill 2119. Revised §18-8-1would raise the state’s compulsory school attendance age requirement from age 6 (or enrollment in a publicly supported kindergarten program) to age 18 rather than the current age 16.
Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Feb.11. Referred to House Education then House Judiciary.
Also refer to House Bill 2288. It would change compulsory school attendance until age 18 or “until graduation.”
That measure is sponsored Del. Tom Azinger, R-Wood. Introduced Feb. 12. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2119%20intr.htm&yr=2009&sesstype=RS&i=2119
Pupil’s unexcused school absences could result in course credit denial in both traditional and block scheduling systems
House Bill 2245. Proposed §18-8-1b would deny course credits to students who have more missed nine “days or more of (unexcused absences) in a semester” in schools using block scheduling system.
A second bill provision would apply to all “middle school, junior high school and high schools” not using block scheduling.
Under its terms, “if a student is absent for eighteen days or more in a year and the absences are unexcused, the student may not receive credit for that year in the course or courses that were missed.
There are four House sponsors, including lead sponsor Del. Richard Iaquinta, D-Harrison. Introduced Feb. 12. Referred to House Education.
County Boards
Bill would eliminate county boards’ abilities to contract with county health departments for ‘equivalent’ nursing services; other provisions.
Senate Bill 18. Proposed §18-5-22 would establish a student-to-school nurse ratio of 1:750 in the school year 2009-2010 and to eliminate contracts between county boards of education and county health departments for equivalent nursing services.
Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 11. Referred to Senate Education then Senate Finance. There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb18%20intr.htm&yr=2009&sesstype=RS&i=18
Bills relate to school calendar, including governor’s proposal
Senate Bill 249. Proposed revisions to §18-5-45 would require the start of the school instructional term on August 21.
Other provisions would allow “a noninstructional day scheduled after June 8 (To) be rescheduled if the instructional term is extended past June 8 in accordance with…this section. If one 180 separate instruction days occur prior to June 8, a noninstructional day scheduled for the purpose of preparing for the closing of school may be scheduled on or before June 8.”
Thus, the bill would allow a county board to “extend the instructional term to terminate no later than June 13 if one hundred eighty separate instructional days do not occur on or before June 8.”
If August 21 were to fall on a Saturday or Sunday, the school year would begin the following Monday, terminating no later than June 8 if 180 days of instruction were to occur.
Additionally, if 180 separate instructional days occur prior to June 8, a noninstructional day scheduled for the purpose of “preparing for the closing of school” may be scheduled on or before June 8.
There are other provisions.
Senate Bill 114 would add two days to the employment term for teachers to be used for professional development.
Under its provisions, the instructional term for students would include “one instructional day in each of the months of October, December, February, April and June which for a professional development day scheduled by the board to include two hours for faculty Senate to meet and the remainder of the day for professional development activities for teachers to improve student instruction.”
The bill would eliminate Instructional Support and Enhancement (ISE) days.
There are other provisions.
Sponsored by Sen. Bob Plymale, D-Wayne. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Senate Bill 249 is sponsored by Senate President Earl Ray Tomblin, D-Lincoln, and Minority Leader Dan Caruth, R-Mercer. Introduced Feb. 13. Referred to Senate Education then Senate Finance. (It is introduced on behalf of the governor.)
Two related bills would allow county boards to establish four-day work weeks.
House Bill 2311 would permit county boards with low density student populations to operate schools on a four-day school week “so long as the four-day school week meets the hourly equivalent of the minimum instructional day requirements (of existing law).”
That measure is sponsored by Del. Ron Walters, R-Kanawha. Introduced Feb. 12. Referred to House Education.
A related bill, House Bill 2326, also would permit county boards to establish a four-day school week “with increased hours to meet the (180) day year requirement with the first consideration being the well being of the student.”
In considering “what is best for the student,” county boards would consider the following factors:
- “Length of the present school day;
- Length of time spent on the bus route;
- Any concerns voiced by the parents in accordance with rules to be established by the state Board (of Education).”
This measure states that “on the fifth day community based organizations may provide student support programs upon approval of the county board of education. The county board of education may choose to charge a fee for use of the school building.”
Sponsored by Dels. Sharon Spencer, D-Kanawha, and Mitch Carmichael, R-Jackson. Introduced Feb. 12. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill encourages county board sharing of central office administrative personnel, obtaining these services from Regional Education Service Agencies (RESAs)
House Bill 2017. Proposed revisions to §18A-4-8d would authorize and “encourage” county boards to “join together to share the services of central office administrative personnel and to obtain central office administrative services from Regional Education Service Agencies (RESAs).”
A major bill section says that “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.”
Administrators whose services are no longer needed virtue of these arrangements would have their contracts terminated for lack of need, subject to applicable provisions of school personnel laws.
Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Feb. 11. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2017%20intr.htm&yr=2009&sesstype=RS&i=2017
County boards could enter into cooperate agreements with local public or regional transit authorities for transporting students
House Bill 2085. Proposed §18-5-13 (v) would authorize county boards to “study and determine whether it would be appropriate and cost-effective to enter into a cooperative agreement with a local public or regional transit authority to transport school-age children to and from school.
“Prior to entering into a cooperative agreement, the county board shall submit the proposed cooperative agreement to the Department of Transportation for review and approval. The Department of Transportation may not approve any proposal for a cooperative agreement that does not comply with minimum federal safety standards for transportation of school-age children.
““In the event of approval and implementation of a cooperative agreement as described herein, the county board shall submit an annual written report to the West Virginia Legislatures' Joint Committee on Government and Finance detailing the costs and benefits of the agreement.”
Another bill provisions would require the Secretary of the Department of Transportation shall propose legislative rules for assessing whether cooperative agreements proposed by a county board should be approved.
Sponsored by Del. Walters. Introduced Feb. 11. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
County board members could not act individually “unless authorized by statute”
House Bill 2284. Proposed revisions to §18-5-4 would require county board members, “having a direct personal or pecuniary interest (in a question before the board)…(to) announce this fact and request to be excused from voting. The member may be excused from voting if in the opinion of the presiding chair the disqualifying interest affects the member directly and not as one of a class therein shall announce this fact and request to be excused from voting. The member may be excused from voting if in the opinion of the presiding chair the disqualifying interest affects the member directly and not as one of a class.”
A second bill provision states that “except where expressly authorized by law, a member of a county board of education acting in an individual capacity separate from the setting of a county board of education convened for the transaction of business may not make obligations on behalf of the board, commit the board's funds, utilize the board's property, employees or services without prior knowledge and consent of the board, administer the school system, hire board employees, supervise or evaluate the board's employees or students, disregard the policies of the board or rules of its schools or attempt to exercise any other authority relating to the county schools or school board outside the scope of authority expressly provided by statute.”
If a county board were to violate this proposed section of law he or she would be subject to possible charges of malfeasance in office thus warranting removal from office.
Sponsored by Del. David Perry, D-Fayette. Introduced Feb. 12. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2284%20intr.htm&yr=2009&sesstype=RS&i=2284
Drivers Licenses
Valid Identity would be required for Drivers Licenses
House Bill 2141. Proposed §17B-2-3a would require valid proof of identity for a driver's license and would permit an applicant two attempts at the written test for a single fee.
There are three House sponsors, including lead sponsor Del. Roger Romine, R-Tyler. Introduced Feb. 11. Referred to House Roads and Transportation then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Exceptional Students
Homebound students could continue education without having to have approval for such services every nine weeks
House Bill 2269. Proposed revisions to §18-20-1 would permit “students receiving homebound services for other health impairments determined to be ongoing in nature by the licensed physician (to be) approved for continuing services until the licensed physician determines otherwise and shall be provided the required classes for graduation within the same time frame as a regular student unless the health condition requires a different standard.”
Sponsored by Del. Campbell. Introduced Feb. 12. Referred to House Education then House Finance. There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public School Personnel
Employees could use paid accumulated sick leave as paid family leave
Senate Bill 29. Proposed revisions to §21-5D-4 would allow employees to use paid accumulated sick leave for paid family leave to care for a family member. Note: This measure would amend the state’s Parental Leave Act.
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Feb. 11. Referred to Senate Finance. There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bills concern NBPTS salary bonuses for persons in administrative/instructional leadership and principals positions
Senate Bill 56. Proposed revisions to §18A-4-2a would pay the National Board for Professional Teaching Standards salary bonus to the holders of certificates awarded to them during employment as a classroom teacher if they are subsequently employed as a school principal, or assistant school principal, or in another position in an instructional leadership capacity.
It is sponsored by Sens. Larry V. Edgell, D-Wetzel, and Foster. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb56%20intr.htm&yr=2009&sesstype=RS&i=56
Senate Bill 80 has similar provisions for school principals, assistant principals or in “another position in an instructional leadership capacity…”
That measure is sponsored by Sen. Donna J. Boley, R-Pleasants. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bills concern athletic coaches
Senate Bill 57. Proposed revisions to §18A-3-2a would allow persons to continue as athletic coaches or coaches of other extracurricular activities in the public schools if they have served in the same position for three years and have received satisfactory evaluations .
Sponsored by Sen. Edgell. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb57%20intr.htm&yr=2009&sesstype=RS&i=57
Senate Bill 125, a related measure, would require county boards to hire the “best qualified person for the supervision and regulation of all extracurricular activities of the students in public schools.”
Sponsored by Sen. Karen Facemyer, R-Jackson. Introduced Feb. 11. Referred to Senate Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would require school principals to assume greater control over teachers’ classroom teaching performance
Senate Bill 59. Proposed revisions to §18A-2-9 and §18A-3A-2b would require principals to take on greater authority and control over teachers' classroom teaching performance.
As stipulated in the bill, the WVBE is to propose rules for legislative approval designed to develop and implement a program to train principals to act with greater control and authority over the teachers in their schools in a manner similar to corporate CEO's in order to maintain higher standards in the classroom and promote constant professional improvement of teachers.
“Higher standards of teaching performance”
The pertinent language, which would amend a section of Code relating to the state Center for Professional Development, cites a “legislative finding” that in order to “foster and develop higher standards of teaching performance within the classroom of this state that principles need greater control and authority to hold teachers accountable for classroom performance in a similar manner in which a chief executive officer is responsible for corporate performance.
“The state board is therefore directed to propose rules for legislative approval…designed to develop and implement an intensive program of training, with the intended goal to train principals to act with greater control and authority, in similar fashion and with similar methodology as corporate chief executive officers, charged with meeting operational goals in the management of the schools for which they are individually responsible and to develop and enforce minimum standards of classroom performance by classroom teachers while striving for continued professional development and improvement of teachers in the classroom.
Incentives
“The proposed rules for legislative approval shall also include the requirement that principals, upon being trained to act with greater control and authority, shall enter into performance contracts with the (WVBE) which shall require principals to uphold minimum/mandatory standards within the classrooms and that each principal's performance in this regard shall be commensurately tied to employment-related incentives and disincentives.”
Sponsored by Sen. Frank Deem, R-Wood. Introduced Feb. 11. Referred to Senate Education.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb59%20intr.htm&yr=2009&sesstype=RS&i=59
Bill concerns return of personal leave days donated under Leave Donation Program
Senate Bill 66. Proposed revisions to §18A-4-10f would establish a procedure for the for county school boards to return unused donated personal leave days to donors.
These are among bill provisions:
- “If the leave was transferred for the purpose of allowing a receiving employee to provide care to an immediate family member with a medical or physical condition without substantial loss of income to the receiving employee and the immediate family member subsequently dies due to that medical or physical condition, using the leave for any reason related to the death of the immediate family member is considered the same purpose for which the leave was originally transferred. Any transferred days remaining when the catastrophic emergency ends revert to the donor employee…
- “…If personal leave days are transferred from multiple donors to a donee, any unused days shall revert to each donor in an amount that is proportional to the number of days donated by the donor as compared with the total number of days donated by all the donors…”
- “…If the proportional method described (above) results in fractions of days reverting to the donors, the highest number of the unused days that may be distributed as full days shall be distributed under the proportional method and the remaining day or days that would otherwise cause fractions of days to revert to all donors revert to the maximum number of the most senior school employees, based on seniority as determined (in statute)…”
The bill has some definitional sections and other proposed provisions.
Sponsored by Sen. Michael Oliverio, D-Monongalia. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Bill relates to employment of substitute teachers in critical shortage areas
Senate Bill 100. Proposed revisions to §18A-2-3 would allow school districts flexibility in hiring specialty substitutes for critical need areas.
Under terms of the proposed legislation, “county superintendent(s) shall be given sole discretion in hiring substitute teachers in specialty areas of critical need such as science, math, special education, autism, and other such areas as deemed necessary by the superintendent. The superintendent shall have the authority to offer early placement within these specialty areas without being held to the requirement of posting this position or offering a contract as specified otherwise in this section. He or she shall be free to offer such employment at the time certified personnel become eligible for hiring.”
Sponsored by Sen. Oliverio. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb100%20intr.htm&yr=2009&sesstype=RS&i=100
Standards would be set for assigning high school athletic directors
Senate Bill 719. Proposed revisions to §18A-1-1 and proposed §18A-2-9a would set standards for assignment of high school athletic directors.
Accordingly, athletic director would be defined as “ a professional educator who is responsible for supervising the management and operation of the athletic programs and activities of the school to which he or she is assigned.”
Credentials
Under terms of the proposal, athletic directors would be required to hold the following credentials: “A minimum of five years interscholastic or intercollegiate coaching experience; and
- Compliance with one of the following education requirements:
- A college degree in athletic administration;
- A masters degree in educational administration; or
- Completion of the following Leadership Training Classes provided through the National Interscholastic Athletic Administration Association (NIAAA) Leadership Training Program: LTC 501 - Athletic Administration: Philosophy, Leadership, Organizations and Professional Programs;
LTC 502 - Athletic Administration: Principles, Strategies and Methods; and
LTC 504 - Athletic Administration: Legal Issues I (Risk Management).”
Exemptions
Persons currently employed as athletic directors would be exempt from the above provisions, except they would have to complete the LTC within three years.
Supervision of school principal
Athletic directors would work under the supervision of the school principal, assuming – under direction of the county board – “administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school for which he or she is assigned.”
Position duties
These would be among those duties:
- Supervision of games;
- overseeing the athletic budget;
- hiring of game officials;
- scheduling athletic contests;
- knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules;
- maintaining proper records which include a permanent file of players; medical forms, insurance forms, participation records, parent consent forms and birth certificates;
- scheduling transportation for athletic teams;
- prepare and verify athletic eligibility lists;
- supervise, observe and evaluate coaches;
- secure all needed personnel for basic athletic event operations;
- procure and care for athletic equipment; and
- other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
Assistant athletic directors
The measure also would allow county boards to employ assistant athletic directors, with a grandfathering provision for these individuals as well, although they would be required to complete the Leadership Training Courses (LTC) within three years of the legislation’s effective date.
One director per school in county.
Lastly, the bill would require county boards, upon the superintendent’s nomination, to employ an athletic director for “each high school in the county.”
High schools “that participate in (12) or less varsity sports…shall have an athletic director who is assigned to those athletic activities at least one-half of the school day, with teaching duties not to exceed (20) hours per week.
Schools having 13 or more varsity sports would be required to have a full-time athletic director who would not be “assigned any teaching duties except on a temporary emergency basis.”
Sponsored by Sen. Plymale. Introduced Feb. 11. Referred to the Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Measures would prohibit discrimination based on age and sexual orientation
Senate Bill 134. Proposed revisions to §5-11-2, -3, -4, -8, -9, -11 and -13 and proposed revisions to §5-11A-3, -5, -6 and -7 would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It defines "sexual orientation" as "heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived"; and adds to §5-11A-3 a definition of "age" as meaning age 40 and above.
The bill also has a provision which states it is not a violation of the statute for a “religious organization or nonprofit organization to discriminate against a person based upon sexual orientation where such discrimination is based upon a bona fide religious purpose or religious belief or where application of this article would violate a stated tenet of the nonprofit organization.”
Sponsored by Sen. Brooks McCabe, D-Kanawha. Introduced Feb. 11. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb134%20intr.htm&yr=2009&sesstype=RS&i=
Senate Bill 238 is a similar measure. In addition to many of the above provisions, it defines the term “religious institutions” which would include a “church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches.
There are six Senate sponsors, including lead sponsor Sen. McCabe. Introduced Feb. 12. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb238%20intr.htm&yr=2009&sesstype=RS&i=238
Mathematics and science teachers would receive $5,000 additional salary
House Bill 2001. Proposed §18A-4-2 would provide an additional $5,000 in state minimum salary to fully certified math and science teachers who teach in these subjects in grades 7-12 and to certified reading specialists.
Sponsored by Del. Sam Cann, D-Harrison. Introduced Feb. 11. Referred to House Education then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a previous legislative session or sessions.
Other pay measures introduced to date would increase principals’ increments, based on number of teachers supervised, by 4 percent.
The amended section of law is §18A-4-3
That measure, House Bill 2013, is sponsored by Del. Romine. Introduced Feb. 11. Referred to House Education then House Finance. There is a Fiscal Note request.
House Bill 2258 would provide full daily rate of pay for substitute teachers if they have in excess of 10 instructional days in the same school year.
Sponsored by Del. Paxton. Introduced Feb. 12. Referred to House Education then House Finance.
The bill would amend §18A-4-7.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2258%20intr.htm&yr=2009&sesstype=RS&i=2258
House Bill 2249 would allow add language to make section consistent with previous amendments that allows comparable credit at trade or vocational schools approved by the state board to count towards certain service personnel pay rates.
The proposal would amend §18A-4-8a.
There are three House sponsors, including lead sponsor Del. Larry Williams, D-Preston. Introduced Feb. 12. Referred to House Education then House Finance. There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2249%20intr.htm&yr=2009&sesstype=RS&i=2249
Staff schedules would have to be made public
House Bill 2005. Proposed §18A-2-15 would require schools to “post and make available to the public a complete listing of the schedule for every teacher and staff personnel for that school. Copies shall be posted and made readily available in the school's office by the second week of the school year and freely distributed to staff and to the public without having to comply with the state's Freedom of Information Act.
“ If by the second week of the school year, a school fails to post and make available to the public the teacher and staff personnel schedules as provided in this section, both the principal of the school and the county superintendent of that school shall be fined $500.00.”
Sponsored by Del. Ron Fragale, D-Harrison. Introduced Feb. 5. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would reduce school service personnel staff development programs from 18 hours to 12 hours
House Bill 2024. Proposed revisions to §18A-3-9a would reduce staff development programs for school personnel from 18 hours to 12 hours; and requiring that the six hour reduction in staff development be used as an additional preparation day.
Sponsored by Del. Tim Ennis, D-Brooke. Introduced Feb. 11. Referred to House Education.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2024%20intr.htm&yr=2009&sesstype=RS&i=2024
Bill increases teacher faculty senate allotments
House Bill 2069. Proposed revisions to §18-5A-5 would increase the faculty senate allotment for classroom teachers and librarians from $50 to $100, to be spent on academic materials, supplies or equipment to enhance instruction.
There are seven House sponsors, including lead sponsor Del. Iaquinta. Introduced Feb. 11. Referred to House Education then House Finance. There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2069%20intr.htm&yr=2009&sesstype=RS&i=2069
Employees could decline to work more than 40 hours per week
House Bill 2247. Proposed revisions to §18-5A-5 would provide employees with the right to decline to work more than 40 hours in a workweek.
The bill is sponsored by Dels. Mike Caputo, D-Marion, and Dale Martin, D-Putnam. Introduced Feb. 12. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.
House Bill 2113 is a related bill. It would Provide overtime pay for all employees who are required to work holidays regardless if the holiday hours are in excess of a forty hour workweek.
That measure is sponsored by Dels. Ralph Rodighiero, D-Logan and Jeff Eldridge, D-Lincoln. Introduced Feb. 11. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.
The bill would amend §21-5C-3.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2113%20intr.htm&yr=2009&sesstype=RS&i=2113
Bus operators could carry over-years years of experience for seniority purposes
House Bill 2132. Proposed revisions to §18A-4-8g would allow bus operators to carry-over years of experience operating buses for purposes of determining seniority.
Sponsored by Del. Craig Blair, R-Berkeley. Introduced Feb. 11. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2132%20intr.htm&yr=2009&sesstype=RS&i=2132
Bill establishes itinerant status for school service personnel
House Bill 2271. Proposed revisions to §18A-4-8 would establish that a “service person is considered to hold itinerant status if he or she has bid upon a position posted as itinerant or has agreed to accept this status.
“A service person with itinerant status may be assigned to a different work site upon written notice (10) days prior to the reassignment without the consent of the employee and without posting the vacancy. A service person with itinerant status may be involuntarily reassigned no more than twice during the school year.
“At the conclusion of each school year the county board of education shall post and fill…all positions that have been filled without posting by a service person with itinerant status.
“Any service person who is assigned to a beginning and ending work site and travels at the expense of the board of education to other work sites during the daily schedule, shall not be considered to hold itinerant status.”
Sponsored by Del. Paxton. Introduced Feb. 12. Referred to House Education.
Measure would establish Flexible Leave Act
House Bill 2272. Proposed §21-5G-1 et. seq. would establish the Flexible Leave Act which would allow employees to use earned leave with pay to deal with an illness in an employee’s immediate family.
There are several provisions,
According to the Bill Note, it would apply to “…an employer that provides leave with pay under the terms of :
- a collective bargaining agreement; or
- an employment policy.”
Under its provisions, “an employer may not discharge, demote, suspend, discipline or otherwise discriminate against an employee or threaten to take any of these actions against an employee:
- Who exercises rights granted under this article; or
- Who files a complaint, testifies against or assists in an action brought against the employer for a violation of this (proposed sections of law).”
There are several other provisions, including proposed §21-5G-7 which says the bill does not affect the Federal Family and Medical Leave Act of 1993.
Sponsored by Del. Brent Boggs, D-Braxton. Introduced Feb. 12. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2272%20intr.htm&yr=2009&sesstype=RS&i=2272
Measure concerns teacher certification – accreditation in other states
House Bill 2331. Revised §18A-3-1 would allow teachers who graduated from colleges and universities that are not accredited by associations recognized in West Virginia, to obtain a teaching certificate based on their certification in another state.
Sponsored by Del. Harold Michael, D-Hardy. Introduced Feb. 12. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public School Support Program (PSSP)
Measure would appropriate $15,000 per county to transport students to school-related activities within state
Senate Bill 67. Proposed revisions to §18-9A-7 would allocate $15,000 to each county for transporting students to school related activities located within the state, providing “approval for the travel is obtained in advance from the superintendent of schools of the county requesting the funds or his or her designee.
Unallocated funds would be forfeited by the county board.
Funds would have to be used by June 30 of each Fiscal Year.
Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Feb. 11. Referred to Education then Senate Finance.
A Fiscal Note request has been made.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would allow substitute school service personnel to be hired on daily basis; their employment would not “count against” county board state aid to schools
Senate Bill 74. Proposed §18-9A-5b and proposed revisions to §18A-4-15 would allocate $2.5 million for the purpose of “increasing the ratios of professional and service personnel per (1,000) students in net enrollment.
“ For each of the eleven following school years, an additional ($2.5 million) shall be added to the appropriation for this purpose.”
The proposed measure has a statement saying, “the Legislature finds that the state basic foundation program initially was enacted during the regular session of the Legislature, 1971, as a seven-step formula driven largely by student enrollment. “
Although it has been amended many times over the intervening years to effect program improvements, respond to changing enrollment patterns and accommodate budgetary priorities, it remains a formula driven primarily by student enrollment.
“As such, the state basic foundation program has been credited with providing base level funding from the state which is very equitable on a per student basis among the county school systems.
“ However, the intervening years also have seen substantial changes in the educational environment, the most profound of which include the decline in student enrollment from about four hundred thousand students when the state basic foundation program was created to about (278,000) students in the 2005 school year, the growth of technology delivered instruction, the advent of performance-based accountability and the accompanying responsibility to target resources to make needed improvements.
“Therefore, as it pursues (these objectives), it is the intent of the Legislature to examine further the state basic foundation program in context with the changing educational environment and address the staffing and other needs of the public schools as may be indicated through that examination.
“The county superintendent, subject to the approval of the county board, is given the discretion to hire three service personnel workers from the substitute list, based on seniority, on a full-time basis as itinerates to meet the day-to-day need for substitutes in the service personnel areas. These three itinerates are not counted against the county in the calculation of the school aid formula.”
Sponsored by Sen. Oliverio. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill relates to PSSP reform; Computation of Local Share
House Bill 2147. Proposed §18-9A-11 would reduce from 98 percent to an amount “equal” to 50 percent of growth in each county's Local Share as compared to five years' earlier amount of the regular levy deducted from county boards of education for general current expense purposes.
There are five House sponsors, including lead sponsor Del. Walter Duke, R-Berkeley. Introduced Feb. 11. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2147%20intr.htm&yr=2009&sesstype=RS&i=2147
West Virginia Board of Education (WVBE)/State Superintendent of Schools
WVBE would be required to enact Tornado Safety Awareness Plan
House Bill 2118. Proposed §18-2-5h would require the state Board of Education to implement a public school tornado safety awareness plan.
Sponsored by Del. Caputo. Introduced Feb. 11. Referred to House Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Fireworks could be displayed on public school property
House Bill 2031. Proposed §29-3-24a would permit fireworks displays on public school property provided the State Superintendent of Schools and the State Fire Marshall approve the display.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2031%20intr.htm&yr=2009&sesstype=RS&i=2031
Measure concerns “policies and practices” that distract from a thorough and efficient education
House Bill 2093. . 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:- 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;
- 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
Opportunity costs
- 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:- 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
Process for Improving Education Council
- 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
- 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. 11. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Physics course would be required for graduation
House Bill 2096. Proposed revisions to §18-2-9 would require physics as a required course in all public secondary schools for graduation.
Sponsored by Del. Kevin Craig, D-Cabell. Introduced Feb. 11. Referred to House Education.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2096%20intr.htm&yr=2009&sesstype=RS&i=2096
No classes in Grades 7-12 could have greater than 25 students per teacher
House Bill 2126. Proposed revisions to §18-2-9a would require the state Board of Education to develop rules regarding class size for all public secondary and high schools.
The rules would specify that in grades 7-12, “no class size shall be greater than a 25 to one student to teacher ratio.
“The state Board shall enforce this class size standard on all public school classes for (Grades 7-12).”
There are four House sponsors, including lead sponsor Del. Fragale. Introduced Feb. 11. Referred to House Education then House Finance.
A Fiscal Note has been requested.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2126%20intr.htm&yr=2009&sesstype=RS&i=2126
Bill would require WVBE to establish residential school for juvenile status offenders
House Bill 2297. Proposed revisions to §18-2-13i and proposed §18-5-19 would require the state Board of Education to “establish and operate” for all incorrigible, runaway children or truant children or children who are otherwise declared status offenders. The state board shall establish and operate a secure residential school facility for all incorrigible, runaway children or truant children or children who are otherwise declared status offenders who are also school-age juveniles…”
According to bill provisions, “classroom teachers and other school personnel shall be hired and provided as necessary to all secure residential school juveniles by the State Department of Education to the extent necessary to provide adequate and appropriate educational opportunity.
“ Adequate and appropriate educational opportunity requires education services for secure residential school-age juveniles on a (12-month) basis, excepting only normal school holidays and those additional days determined by the (WVBE) in consultation with the appropriate department head to be necessary.
“School personnel are responsible to the principal or lead teacher while providing educational services but shall comply with rules established by the state board to ensure security and safety in the facility.
“Educational personnel employed at and by the secure residential school facility are permitted to transfer to comparable positions as school personnel of the State Department of Education if those personnel meet the qualifications established for those positions by the State Department of Education.
“The daily rate of pay of educational personnel employed by the State Department of Education shall be equivalent to the daily rate of pay of the comparable position in the public schools of the county where the secure residential school is located.”
In order to implement these provisions, a separate line item account would be established in the WVDE budget.
Other bill provisions require county boards to permit “children and youth expelled or suspended from school…to attend evening classes or night school as an alternative school.”
Sponsored by Del. John Doyle, D-Jefferson. Introduced Feb. 12. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2297%20intr.htm&yr=2009&sesstype=RS&i=2297
Course of study relating to “fetal development” would be required in high schools
House Bill 2329. Proposed §18-2-7d would require the state Board of Education, with the advice of the State Superintendent of Schools, to “ prescribe a curriculum to teach fetal development. Each high school in the state shall include in their health classes the course of study for its students.
“Nothing in this section may be construed or interpreted to endorse, allow, permit, or approve of any abortion.”
NOTE: The bill does not define the term “fetal development.”
Sponsored by Del. Carol Miller, R-Cabell. Introduced Feb. 12. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
West Virginia Secondary Schools Activities Commission (WVSSAC)
WVSSAC would be subjected to evaluation by Legislative Auditor’s Office
Senate Bill 111. Proposed revisions to §18-2-25 would require the Legislative Auditor’s Office to evaluate the state Secondary Schools Activities Commission (WVSSAC).
According to bill provisions, the “audit” if for the purpose of determining whether the WVSSAC “complies with the policies and provisions applicable to commissions authorized by this code and other applicable laws and rules, whether the board follows a disciplinary procedure which observes due process rights and protects the public interest and whether the public interest requires that the board be continued.”
The bill also would require WVSSAC board members and officers to be subject to the state’s Ethics Commission provisions.
Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced Feb. 11. Referred to Senate Education.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb111%20intr.htm&yr=2009&sesstype=RS&i=111
WVSSAC rules would require football players to wear neck braces
House Bill 2277. Proposed §18-2-25 would require the WVSSAC to adopt rules requiring football players to use neck braces when participating in interscholastic athletic football events.
Sponsored by Del. Caputo. Introduced Feb. 12. Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2277%20intr.htm&yr=2009&sesstype=RS&i=2277
West Virginia Higher Education Policy Commission (HEPC)
Measure would create tax check off for Jackson’s Mill 4-H Camp
Senate Bill 22. Proposed §18-11-12 would allow taxpayers to donate some or all of their state income tax refunds to the “Jackson’s Mill 4-H Camp Check off Program” fund for operation of the camp.
Sponsored by Sen. Joe Minard, D-Harrison. Introduced Feb. 11. Referred to Senate Finance.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb22%20intr.htm&yr=2009&sesstype=RS&i=22
Abortions would be prohibited at state college/university medical facilities; exceptions
Senate Bill 39. Proposed revisions to §18B-2A-4 would prohibit abortions at state college or university medical facilities except when the abortion is necessary to save the life of the woman receiving the abortion.
Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Feb. 11. Referred to Senate Health and Human Resources Committee.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb39%20intr.htm&yr=2009&sesstype=RS&i=39
HEPC Governing Boards could increase fees of students taking more course work hours than that specified for full-time students
Senate Bill 47. Proposed revisions to §18B-10-1 would authorize higher education governing boards to increase the fees of undergraduate students taking more than 16 hours in a regular term pro rata based upon one-twelfth of the full-time rate per credit hour.
Additionally, a governing board may increase the fees of graduate students taking more than nine credit hours in a regular term pro rata based upon one-ninth of the full-time rate per credit hour.
Sponsored by Sen. Deem. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb47%20intr.htm&yr=2009&sesstype=RS&i=47
Bill would increase amounts of Excess Lottery Funds dedicated to higher education
Senate Bill 63. Proposed revisions to §29-22-18a would increase the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher Education Improvement Fund for higher education from $10 million to $15 million.
Sponsored by Sen. Plymale. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb63%20intr.htm&yr=2009&sesstype=RS&i=63
Measure would remove scholarship cap for surviving dependent children of state Police
Senate Bill 70. Proposed revisions to §15-2-33 and §15-2A-12 would remove the cap on scholarship funds for surviving dependent children of certain deceased members of the West Virginia State Police.
The cap now stands at $7,500.
Sponsored by Sen. John Unger, D-Berkeley. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Also refer to Senate Bill 82. Introduced by Sen. Majority Leader Truman Chafin, D-Mingo, this legislation would create the West Virginia State Police Higher Education Security Act.
One bill provision states:
“Any bona fide, non-probationary member of the West Virginia State Police may enroll and attend college courses, free of tuition charges, at any publicly funded college or university within the boundaries of this state. Members electing to avail themselves to this educational opportunity are subject to the same entrance, enrollment and acceptance standards applicable to any prospective student.”
Under terms of the proposal, “Any member of the West Virginia State Police enrolled in any institution of higher education and attending courses under this article must continue in the employment of the West Virginia State Police for a minimum of five years following the last day of attendance of his or her higher education enrollment.
“In the event that his or her employment is terminated due to the members' resignation or termination for misconduct he or she is obligated to reimburse the appropriate college or university for any tuition charges from which he or she was otherwise exempt.”
The bill has an additional section saying its provisions would not provide “free books, housing, meals, parking or any other costs associated with higher education nor does it authorize or permit any member of the West Virginia State Police to be compensated for time spent attending courses, studying or otherwise engaging in their higher education.”
There are other provisions.
The bill was introduced Feb. 11. Referred to House Education then House Finance.
There is a Fiscal Note request.
Bill would rescind scholarships for illegal consumption or possession of alcohol
Senate Bill 113. Proposed §18C-1-C would rescind state financial assistance from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor.
The measure applies to the Promise Scholarship.
Sponsored by Sen. Mike Green, D-Raleigh. Introduced Feb. 11. Referred to Senate Education then Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb113%20intr.htm&yr=2009&sesstype=RS&i=113
Bill would provide loan forgiveness program for nurses
Senate Bill 123. Proposed §18C-3-1a would establish a loan forgiveness program for nurses similar to what currently exists for medical doctors and osteopathic physicians.
The bill would create the Nursing Education Student Loan Fund which would consist of legislative appropriations, repayment of any loans made under terms of the legislation, amount provided by nursing associations, hospitals or other medical provider organizations, political subdivisions of the state.
In terms of the latter, the recipient would be required to practice in this state or in the political subdivision providing the funds for a predetermined period of time and in such capacity as set forth in the agreement.
Other dollars could be provided form “external sources.”
Balances remaining in the fund at the end of the fiscal year would not expire revert.
All costs associated with administering this section shall be paid from the Nursing Education Student Loan Fund.
State residents would have priority for loans from the nursing student loan program.
Individuals would be eligible for the loans, based on several criteria, including: demonstrated financial need, academic standards, enrollment in academic programs which lead to a nursing degree, the student has yet to receive his or her degree and he or she is not default on any previous student loan.
The bill states that individuals who have received a nursing student loan and who has rendered services as a licensed practical nurse or registered nurse in West Virginia in a “medically underserved area or in a nursing specialty in which there is a shortage of qualified nurses,” could receive a $5,000 cancellation of the outstanding loan or loans for every full 12 consecutive calendar months of such service.
There are various reportage requirements detailing various program aspects.
Sponsored by Sen. Unger. Introduced Feb. 11. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb123%20intr.htm&yr=2009&sesstype=RS&i=123
Bills relate to Yellow Ribbon G.I. Enhancement Program
Senate Bill 245. Proposed §18B-10-7c would require West Virginia public colleges and universities to participate in the federal Yellow Ribbon G.I. Education Enhancement Program.
The Program is to be established pursuant to the Post-9/11 Veterans Educational Assistance Act of 2008 to provide eligible post-9/11 veterans additional moneys towards the cost of tuition and fees at institutions of higher education.
The Act would provide educational benefits to certain post-9/11 veterans in an amount equal to the cost of in-state tuition at the most expensive public university or college in the state.
The Program would authorize the federal Secretary of Veterans Affairs to cover 50 percent of any additional costs over and above the cost of in-state tuition in exchange for a matching contribution of equal percentage from an institution of higher learning.
As soon as practicable after the effective date of this section, the governing board of each state institution of higher education would enter into an agreement with the United States Secretary of Veterans Affairs to participate in the Yellow Ribbon G.I. Education Enhancement Program.
There are several other provisions.
The federal law was established in 38 U.S.C. §3317.
Sponsored by Sens. Tomblin and Caruth on behalf of the governor. Introduced Feb. 12. Referred to Senate Education then Senate Finance.
The House companion bill is House Bill 2335. It, too, is sponsored on behalf of the governor by Dels. Richard Thompson, D-Wayne and Tim Armstead, R-Kanawha. Introduced Feb. 11. Referred to House Education then House Finance.
Fiscal Notes have been requested for both measures.
The reference for Senate Bill 245 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb245%20intr.htm&yr=2009&sesstype=RS&i=245
The reference for House Bill 2335 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2335%20intr.htm&yr=2009&sesstype=RS&i=2335
Measure relates to prepaid tuition plans
House Bill 2067. Proposed revisions to §18-30-2 would allow a tax deduction for all prepaid tuition contracts or college savings plan regardless of whether they are administered by the board of the college prepaid tuition and savings program as authorized by 29 U.S.C. §529.
Sponsored by Dels. Walters and Azinger. Introduced Feb. 11. Referred to House Education then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2067%20intr.htm&yr=2009&sesstype=RS&i=2067
Higher education employees could not assist students in securing abortions
House Bill 2094. Proposed §18B-7-13 would prohibit employees of higher education from assisting students in securing abortions.
Bill provisions state the intent of the statute is not “intended to interfere with the teaching or performing of medical procedures which have valid uses apart from the performing of abortions” and that the intent of the law is not to “endorse, allow, permit or approve of any abortion.”
Persons convicted of violating the statute would be guilty of a misdemeanor and could be fined not less than $2,000.
Sponsored by Del. Thomas Porter, R-Mercer. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
Measure would establish Faculty Excellence Act
House Bill 2095. Proposed §18B-8A-1 et. seq. would create the Faculty Excellence Act.
The proposed legislation is prefaced with the finding that “while an increasing percentage of the courses offered in colleges and universities are taught by part-time adjunct and other non-tenure-track faculty hired on a temporary basis, these faculty members too often are not provided adequate compensation and or minimal basic professional supports including paid office hours to meet with students. At the same time, colleges and universities are allowing the ranks of full-time tenured or tenure-track faculty members to fall.”
Additionally, the measure states, “the use of underpaid of part-time adjunct and other non-tenure-track faculty along with the shrinking ranks of full-time tenured or tenure-track faculty limit the ability of the state higher education system to provide high quality education, research, and support for economic development. Improving the conditions under which part-time adjunct and other non-tenure-track faculty work, and ensuring that colleges and universities employ sufficient numbers of full-time tenured or tenure-track faculty members, will result in better service for students, communities and economy.”
Goals
Given these two findings, the Legislature would set the following goals:
- All part-time adjunct and other non-tenure-track faculty members are to receive pay that is equal, on a prorated basis, with that of tenured or tenure-track faculty of comparable qualifications doing comparable work.
- All part-time adjunct and other non-tenure-track faculty members would be eligible to participate in the employee retirement plan and all part-time adjunct faculty members teaching at least 50 percent of the established workload for full-time tenured faculty would be eligible for the same health care benefits as full-time tenured faculty.
- At least 75 percent of the undergraduate courses offered within each department on each campus of each public institution of higher education, if the department has at least 8 full-time equivalent faculty positions, would be taught by full-time tenured or tenure-track faculty.
- Each state public institution of higher education would be required to create a plan to meet this goal through determining salary standards for part-time and other non-tenure-track faculty members.
- Beginning in the 2009 fall semester, each public institution of higher education would be required to increase part-time adjunct and other non-tenure-track faculty salary by a “sufficient amount to reduce the pro rata salary gap in each department, if one exists, by the fall semester of two thousand (2014), so that the Legislature's goal of pro rata pay shall be met.”
- In accomplishing this objective, no year’s pro rata salary gap between part-time adjuncts and other non-tenure-track salary and comparable full-time tenured or tenure-track salary in any higher education department cannot be “diminished by less than (15) percent from the previous year.”
- The bill has provisions for providing health care to adjunct faculty and non-tenure-track faculty. Other provisions relate to pensions.
75 percent of undergraduate courses
‘Salary gap’
Other provisions
Other bill provisions require public higher education institutions to determine the “number of undergraduate courses taught by part-time adjunct faculty, other contingent faculty, tenure-track faculty and tenured faculty in each academic department.
Departments with at least 8 eight full-time equivalent faculty positions that do not meet the goal of having 75 percent of the courses taught by tenured or tenure-track faculty would be required to “increase the share of courses taught by full-time tenured or tenure-track faculty” so that by 2013 the Legislature's goal of 75 percent is met.
While higher education institutions would have “flexibility” in meeting this goal, in no year “shall there be in any department on any campus of each public institution of higher education a less than one- tenth reduction in the size of the gap between the percentage of undergraduate courses taught by tenured or tenure-track faculty and the Legislature's goal.”
Part-time adjunct and other non-tenure-track faculty would receive notice of teaching assignments in “coming terms…Each public institution of higher education shall create a process for ensuring that qualified non-tenure-track faculty members receive preferential consideration in attaining a tenure-track position when one becomes available, consistent with institutional and state affirmative action and other personnel policies,” with a statutory process outlined for such.
Each higher education institution would have to create a "Faculty Restoration and Equity Fund." The moneys in these funds would be used to meet the goals of the legislation.
The bill itemizes how these funds would be set aside.
There are several other provisions.
There are four House sponsors, including lead sponsor Del. Linda Longstreth, D-Marion. Introduced Feb. 11.
Referred to House Education then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2095%20intr.htm&yr=2009&sesstype=RS&i=2095
Bill would establish College Graduate Tax Credit
House Bill 2101. Proposed §11-21-10b would provide for a credit against West Virginia personal income tax liability in the amount of payments made on student loans.
The credit would be available for taxpayers graduating on or after Jan., 1, 2009.
The credit would be good for the next nine years following graduation from a qualified higher education institution.
The annual tax credit would be equal to the “lesser of one-tenth of the principal amount of the graduate's qualified student loans plus interest paid in the tax year, or the amount of principal and interest paid during the tax year,” but could not exceed the taxpayer's personal income tax liability.
Any annual credit remaining after application of the credit in any tax year could not be carried-over to another succeeding tax year nor carried-back to a prior tax year but shall be forfeited.
Only qualified student loans used to obtain a BA, a graduate degree or a professional degree from a qualified institution of higher learning would be eligible for the credit and only qualified student loans with interest liability of $600 or more annually would be eligible for the credit.
There are other provisions.
There are seven House sponsors, including lead sponsor Del. Cann. Introduced Feb. 11. Referred to House Education then House Finance.
There is a Fiscal Note request.
Similarly, House Bill 2256 would Exempt undergraduate students attending state colleges or universities for the first two years post graduation, from the payment of state income tax.
Sponsored by Del. Walters. Introduced Feb. 12. Referred to House Education then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2256%20intr.htm&yr=2009&sesstype=RS&i=2256
Bills relate to Promise Scholarship
House Bill 2037. The intent of this legislation is to allow West Virginia students to obtain a partial Promise Scholarship for schooling outside the state for the reason that no in-state institution offers a course for a major or a degree in the desired field.
The bill also would require Promise Scholarship applicants and recipients to perform community services.
That bill would amend §18C-7-3 and §18C-7-6.
Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Education then House Finance.
Also refer to House Bill 2131. Its provisions would allow state students to receive a partial Promise Scholarship for schooling outside West Virginia the state for the reason that no in-state institution offers a course for a major or a degree in the student's desired field.
Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Education then House Finance.
The bill also would amend §18C-7-3 and §18C-7-6.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2131%20intr.htm&yr=2009&sesstype=RS&i=2131
Salem International University would be eligible Promise Scholarship institution
House Bill 2044. Proposed revisions to §18C-7-3 would include Salem International University as an eligible higher education institution for Promise Scholarship recipients.
A related bill provision would eliminate language concerning higher education institution eligibility to accept Promise Scholarship recipients when such institutions “change (their) status as a private, not for profit institution.”
There are four House sponsors, including lead sponsor Del. Cann. Introduced Feb. 11. Referred to House Education then House Finance.
Measures concern credit card solicitation on college campuses
House Bill 2241. Proposed revisions to §18B-14-10 would establish a misdemeanor penalty for violations of law and rules on credit card solicitation on college campuses.
There are four House sponsors, including lead sponsor Del. Eldridge. Introduced Feb. 12. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2241%20intr.htm&yr=2009&sesstype=RS&i=2241
Bill concerns driver’s license suspension for some offenses committed by college students
House Bill 2273. Proposed revisions to §18B-14-10 would require the Division of Motor Vehicles to issue a temporary license to any student of a college or university in West Virginia whose license has been suspended for any reason other than offenses involving DUI or other serious driving offense committed by college students.
Sponsored by Del. Tal Hutchins, D-Ohio. Introduced Feb. 12. Referred to House Roads and Transportation Committee then House Education then House Judiciary.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2273%20intr.htm&yr=2009&sesstype=RS&i=2273
Measure concerns temporary or permanent reductions in higher education classified staff
House Bill 2330. Proposed revisions to §18B-7-1 would require that all decisions regarding temporary or permanent reductions in full-time classified personnel workforce at state institutions of higher education, in situations where a job is reduced by reducing the number of days or hours worked, be made on the basis of seniority.
There are six House sponsors, including lead sponsor Del. Spencer. Introduced Feb. 12. Referred to House Education.
Teachers Retirement System (TRS)
Bill would exempt some TRS annuitants from income tax
Senate Bill 11. Proposed revisions to §11-21-12 would permit any TRS member who elected on or before March 6, 1972, to participate to the full extent of their salary in the state Teachers Retirement System, to be exempt from paying state income tax to the extent of the state Teachers Retirement benefits received.
Sponsored by Sen. Oliverio. Introduced Feb. 11. Referred to Senate Finance.
A Fiscal Note is requested.
The House companion measure is House Bill 2041. Sponsored by Del. Alex Shook, D-Monongalia. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2041%20intr.htm&yr=2009&sesstype=RS&i=2041
Also refer to Senate Bill 24. That measure –amends §11-21-12 – would reduce state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the adjusted gross income for state personal income tax purposes.
Sponsored by Sen. Foster. Introduced Feb. 11. Referred to Senate Finance.
There is a Fiscal Note request.
Another related measure is Senate Bill 53. It would exempt the first $10,000 of state pensions and Social Security benefits from West Virginia personal income tax with an increase to $15,000 for retirees who are 65-five-years-old or older.
Sponsored by Sen. Bowman. Introduced Feb. 11. Referred to Senate Finance.
There is a Fiscal Note request.
Note: Bill provisions would affect both TRS and Public Employees Retirement System (PERS) retirees.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb53%20intr.htm&yr=2009&sesstype=RS&i=53
Bill would give TRS retirees an increase in retirement benefits; must have been retired for 5 years or longer
Senate Bill 69. Proposed §18-7A-26v would give retired teachers who have been retired for 5 years or longer, a 3 percent increase in retirement benefits effective July, 2009, increasing the benefits by 3 percent every 5 years thereafter.
Sponsored by Sen. Bowman. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance.
There is a Fiscal Note request.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb69%20intr.htm&yr=2009&sesstype=RS&i=69
Senate Bill 61, which relates to the Public Employees Retirement System, is a similar measure.
It also is sponsored by Sen. Bowman. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb61%20intr.htm&yr=2009&sesstype=RS&i=61
Bills concern TRS COLA increases
House Bill 2246. Proposed §18-7A-26v would provide all TRS annuitants at least age 60 and who are receiving an annuity from this system for at least five years a cost-of-living increase in their monthly annuity equal to the annual increase in the consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics. The maximum annual cost-of-living increase may not exceed 5 percent of the base monthly annuity.
Sponsored by Dels. Craig and James Morgan, both D-Cabell. Introduced Feb. 12. Referred to House Pensions and Retirement then House Finance.
There is a Fiscal Note request.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2246%20intr.htm&yr=2009&sesstype=RS&i=2246
A related bill is House Bill 2327. It would provide cost-of-living benefits to retired teachers funded from the severance tax collections on natural gas.
Sponsored by Dels. Virginia Mahan, D-Summers, and Ricky Moye, D-Raleigh. Introduced Feb. 12. Referred to House Education then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
$1,000 racetrack video lottery fee per terminal would be used to support TRS retirees
House Bill 2317. Proposed §18-7A-26v Requiring racetracks who are licensed to operate video lottery terminals pay a $1,000 fee for each machine and that the revenue from these fees are to be transferred to the benefit fund of the Teachers Retirement System.
Sponsored by Dels. Linda Sumner, R-Raleigh, and Del. Duke. Introduced Feb. 12. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2317%20intr.htm&yr=2009&sesstype=RS&i=2317
Public Employees Insurance Agency (PEIA)
PEIA would cover acupuncture treatments
Senate Bill 23. This legislation, which would amend several sections of Code, relates to provision of insurance coverage for acupuncture treatments.
The proposed PEIA amendment is to §5-16-7.
There are other provisions.
Sponsored by Sen. John Pat Fanning, D-McDowell. Introduced Feb. 11. Referred to Senate Banking and Insurance then Senate Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb23%20intr.htm&yr=2009&sesstype=RS&i=23
Spouses of deceased PEIA members could receive continued medical coverage
House Bill 2048. Proposed revisions to §5-16-13 would provide for the continuance of medical coverage for the spouse of a deceased retired employee for any period previously purchased with accumulated leave.
There are three House sponsors, including lead sponsor Del. Bill Hamilton, R-Upshur. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2048%20intr.htm&yr=2009&sesstype=RS&i=2048
Also refer to House Bill 2287. It would credit a deceased teacher's sick leave (PEIA) toward continued insurance coverage for a surviving spouse and other dependents. The bill states that if a surviving spouse or other dependents are not covered by the deceased spouse's PEIA insurance, they receive the monetary value of the accumulated sick leave.
Sponsored by Del. Caputo. Introduced Feb. 12. Referred to House Pensions and Retirement then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2287%20intr.htm&yr=2009&sesstype=RS&i=2287
Bill would provide health care coverage (PEIA) to active and inactive military personnel
House Bill 2332. Proposed revisions to §5-16-13 would provide state health care services for all active and inactive duty military personnel.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2332%20intr.htm&yr=2009&sesstype=RS&i=2332
Public Employees Retirement System (PERS)
Bill would prevent reduction of disability pension at age 65
Senate Bill 30. Proposed amendments to §5-10-25 would prevent a reduction in PERS annuities for persons who retire with “disability retirement” at age 65.
There are there Senate sponsors, including lead sponsor Sen. Jeffrey Kessler, D-Marshall. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance Committee.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb30%20intr.htm&yr=2009&sesstype=RS&i=30
Military service may be credited toward PERS annuities
Senate Bill 65. Proposed revisions to §5-10-15 would allow PERS credit for US Armed Forces service. The measure, in essence, strikes a section of existing law which says such credit is limited to periods of “compulsory military service or during a period of armed conflict.”
Current law then defines those “periods of armed conflict” which included recent wars as well as “any other period of armed conflict by the United States.”
Sponsored by Sen. Prezioso. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance.
There is a Fiscal Note request.
House Bill 2104 is a similar measure.
It also would provide service credits, for purposes of public employment retirement, for service in any branch of the military including the West Virginia National Guard and Reserve; and providing additional testing credit points in civil service examinations for members of the National Guard and Reserve who are applying for state employment.
There are four House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 11. Referred to House Veterans’ Affairs and Homeland Security then House Pensions and Retirement then House Finance.
There is a Fiscal Note request.
Measure increases PERS multiplier
Senate Bill 68. Proposed revisions to §5-10-22 would increase the multiplier for a retirement annuity in the public employees retirement system from 2.00 to 2.25 percent. The bill also deletes language found to be void by the Supreme Court of Appeals relative to legislators’ PERS participation.
That language allows increases in annuity payments for retired legislators relative to legislative salary increases.
Sponsored by Sen. Bowman. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance.
There is a Fiscal Note request.
Also refer to House Bill 2116. It would increase the PERS multiplier to 2.50 percent. The bill is sponsored by Del. Fragale. 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.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2116%20intr.htm&yr=2009&sesstype=RS&i=2116
Measures would prohibit reemployment after retirement for enhanced retiree benefits
Senate Bill 244. Proposed revisions to §5-10-48 would limit the ability of an elected or appointed public official to retire from his or her position, commence to receive an annuity, and continue to receive the annuity if he or she is reelected or reappointed to the same position within 12 months of retirement.
(This recently occurred with a circuit judge position in Kanawha County.)
Sponsored on behalf of the governor by Sens. Tomblin and Caruth. Introduced Feb. 12. Referred to Senate Pensions then Senate Judiciary then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb244%20intr.htm&yr=2009&sesstype=RS&i=244
The House companion measure is House Bill 2334. It is sponsored by Dels. Thompson and Armstead.
Introduced Feb. 12. Referred to House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2334%20intr.htm&yr=2009&sesstype=RS&i=2334
Retirees subject to RIFs could pay back PERS benefits “cashed out”
House Bill 2089. Proposed revisions to §5-10-18 would allow public employees with 15 or more years' service who were subject to reduction in force layoffs to pay back retirement benefits they cashed out of the Public Employees Retirement System.
There are four House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
There is a Fiscal Note request.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2089%20intr.htm&yr=2009&sesstype=RS&i=2089
Bills relate to legislators’ PERS coverage
House Bill 2105. Revised §5-10-17 would prohibit legislators from enrolling in PERS, allowing legislators to elect to direct contributions deducted for retirement pensions into self-directed 401(K) pension plans.
Sponsored by Del. Hutchins. Introduced Feb. 11. Referred to House Pensions and Retirement then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2105%20intr.htm&yr=2009&sesstype=RS&i=2105
Peace Corps service could be counted toward PERS credits
House Bill 2323. Proposed revisions to §5-10-15c would grant Peace Corps members credited service toward the West Virginia public employees retirement benefits, even if they are not public employees at the time of their service.
Sponsored by Del. Larry Border, R-Wood. Introduced Feb. 12. Referred to House Pensions and Retirement then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2323%20intr.htm&yr=2009&sesstype=RS&i=2323
EDUCATION-RELATED
Unemployment Compensation
Measure relates to unemployment compensation solvency
Senate Bill 246. This measure has several provisions. It would allow for temporary solvency assessments on employees and employers when the balance of the state’s Unemployment Compensation Trust Fund is less than $180 million at the end of a calendar quarter.
Similarly, it would provide for the cessation of solvency assessments when the balance of the Unemployment Compensation Trust Fund exceeds $250 million on the last day of any calendar quarter and would ensure that maximum weekly benefit rates do not increase or decrease during the pendency of temporary solvency assessments.
Sponsored by Sens. Tomblin and Caruth on behalf of the governor. Introduced Feb. 12. Referred to Senate Judiciary then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb246%20intr.htm&yr=2009&sesstype=RS&i=246
The House measure is House Bill 2336. It is sponsored by Dels. Thompson and Armstead on behalf of the governor.
Bill relates to total and partial unemployment payments
House Bill 2289. Proposed revisions to §21A-1A-27 would change the amount a person can earn while receiving unemployment compensation benefits, without it changing the benefits received, from $60 a week to 40 percent of the person's weekly benefit rate.
Sponsored by Del. Caputo. Introduced Feb. 12. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2289%20intr.htm&yr=2009&sesstype=RS&i=2289
Workers Compensation
Workers’ Compensation adjusters employed by private insurance carriers would have to reside within West Virginia
House Bill 2070. Proposed revisions to §23-5-1 would “improve claimants' access to Worker's Compensation adjusters by requiring that all worker's compensation adjusters employed by a private insurance carrier be located within the geographic borders of West Virginia,” as stated in the Bill Note.
Sponsored by Del. Walters. Introduced Feb. 11. Referred to House Judiciary.
Abortion – Unemancipated minors
Bills relate to parental notification for unemancipated minors obtaining abortions
Senate Bill 33. This 16-page bill relates to parental involvement in the minor's decision to obtain an abortion. The bill requires physicians to obtain proof of age prior to the performance of an abortion on a pregnant woman. The bill provides for a constructive notice to parents of minors, and maintains information for a specified period in the minor's medical file. The bill creates penalties. The bill also provides for collection of fetal tissue in instances when the minor alleges sexual assault. Finally, the bill mandates specific reporting requirements.
Sponsored by Sen. Prezioso. Introduced Feb. 11. Referred to Senate Health and Human Resources then Senate Finance.
Senate Bill 54, also introduced in past legislative sessions, would require the collection of statistics relative to abortions performed in the state, including information about the age of the woman having had the abortion.
Referred to Senate Health and Human Resources then Senate Judiciary.
Also refer to House Bill 2073. It would require 48 hours’ notice to the parents of a minor seeking an abortion before performing the abortion.
Sponsored by Del. Border. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2073%20intr.htm&yr=2009&sesstype=RS&i=2073
State and counties could not reimburse persons or entities for transporting persons to procure an abortion
House Bill 2058. Proposed §16-2L-1 would disallow the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion.
Sponsored by Dels. Woody Ireland, R-Ritchie, and Romine. Introduced Feb. 11. Referred to House Health and Human Resources then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2058%20intr.htm&yr=2009&sesstype=RS&i=2058
Alcohol
Bill would make minors’ alcohol use a juvenile delinquent offense consistent with previous law changes
Senate Bill 75. Proposed revisions to §11-16-19 and §49-1-4 would amend these two sections of Code relative to legislative changes which made minors’ use of alcoholic beverages a juvenile delinquent offense rather than a status offense.
Sponsored by Sen. Kessler. Introduced Feb. 11. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb75%20intr.htm&yr=2009&sesstype=RS&i=75
Municipalities would be allowed to regulate hours of alcohol sales and dispensing
House Bill 2122. Proposed §8-12-5 and §60-7-12 would regulate the hours of operation of private liquor clubs by ordinance. However, the regulation may not allow hours of operation which are in conflict with hours of prohibited operation set by rule by the Alcoholic Beverage Control Commissioner.
Sponsored by Del. Robert Schadler, R-Mineral. Introduced Feb. 11. Referred to House Political Subdivisions then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2122%20intr.htm&yr=2009&sesstype=RS&i=2122
Licensees would have defense for selling alcoholic beverages to minors if scanning technology were used
House Bill 2138. Proposed §60-7-12 would provide a civil or criminal defense to licensees charged with selling alcoholic liquors, nonintoxicating beer or wine to minors when the licensees have responsibly used scanner technology to verify age.
Sponsored by Dels. Perry and Ennis.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2138%20intr.htm&yr=2009&sesstype=RS&i=2138
Child Welfare
Children’s Immunization exemptions would be permitted based on religious belief
Senate Bill 1. Proposed revisions to §16-3-4 and -5 would establish medical and nonmedical exemptions from mandatory immunizations for school children.
The bill would require parents and guardians to assert their conscientious or religious beliefs in an affidavit.
Parents or guardians seeking an exemption for a child would be required to present an affidavit affirming that they have completed and understood an educational course approved by the Commissioner of Public Health regarding the risks and benefits of immunizations, to be provided by the Bureau for Public Health, before the exemption could apply.
Additionally, the bill would remove students who are not immunized from school in times of emergency or epidemics.
The bill provides that the Commissioner of the Bureau of Health may by rule add or delete diseases for which vaccines are required for school attendance.
There are other provisions.
Sponsored by Sen. Foster. Introduced Feb. 11. Referred to Senate Health and Human Resources then Senate Finance.
A Fiscal Note has been requested.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb1%20intr.htm&yr=2009&sesstype=RS&i=1
Bill establishes criminal penalty for manufacturing of a controlled substance while a child is present in the home
Senate Bill 36. Proposed revisions to §49-6-5 would establish criminal penalties for parents engaging in controlled substance activities with a child or children present.
Sponsored by Sen. Unger. Introduced Feb. 11. Referred to Senate Judiciary.
Insurance carriers would have to “cover” autism
Senate Bill 77. Proposed §33-15-22 would require insurers to “provide…full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder, regardless of whether such prevention, early detection, diagnosis or treatment methods are research based or experimental.”
Additionally, insurance policies would have to “…provide full in-state or in-network coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder even if the individual is unable to receive a service, or treatment, within the State of West Virginia and must receive this service or treatment from an out-of-state provider.”
The bill defines autism as “…a neurobiological condition that includes Autism, Asperger syndrome, Retts syndrome, or Pervasive Development Disorder.”
Sponsored by Sen. Kessler. Introduced Feb. 11. Referred to Senate Banking and Insurance then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb77%20intr.htm&yr=2009&sesstype=RS&i=77
“Original sentence” could be imposed on juvenile who commits additional crime between release from youthful offender training program and sentencing hearing
Senate Bill 99. Proposed revisions to §25-4-6 would give a circuit judge discretion to impose the original sentence on a youthful offender who has successfully completed a youthful offender training program but who has been charged with committing another crime between his or her release from the youthful offender center and the sentencing hearing.
Sponsored by Sen. Randy White, D-Webster. Introduced Feb. 11. Referred to Senate Judiciary.
Inmates would receive a sentence reduction if completing education and rehabilitation programs
Senate Bill 254. Proposed revisions to §31-20-5d would authorize the West Virginia Regional Jail and Correctional Facility Authority to grant time off of the sentence for certain convicted inmates sentenced to confinement in a regional jail for completion of education and rehabilitation programs.
There are three Senate sponsors, including lead sponsor Sen. Green. Introduced Feb. 13. Referred to Senate Judiciary.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb254%20intr.htm&yr=2009&sesstype=RS&i=254
DHHR could take temporary custody of children in terms of multidisciplinary investigations
House Bill 2022. Proposed revisions to §49-5D-2 would aid in the investigation and prosecution of cases involving child abuse and neglect. In any case where a multidisciplinary investigative team suspects an uncooperative parent, guardian, or custodian of child abuse, the Department of Health and Human Resources would be authorized to take temporary protective custody of the child in order to safely conduct a team interview with the child at a child advocacy center.
Sponsored by Del. Joe Talbott, D-Webster. Introduced Feb. 11. Referred to House Judiciary Committee.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2022%20intr.htm&yr=2009&sesstype=RS&i=2022
Marriage license would come with a parenting plan
House Bill 2033. Proposed revisions to §48-2-104 would require a parenting plan with an application for a marriage license.
Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Judiciary Committee.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2033%20intr.htm&yr=2009&sesstype=RS&i=2033
Bill would eliminate mercury in vaccines
House Bill 2034. Proposed revisions to §16-3-5a would eliminate, to the extent possible, the use of vaccines containing mercury.
(Mercury, according to some researchers, may lead to autism spectrum syndrome, although not all physicians and others accept those findings.)
Sponsored by Del. Rodighiero. Introduced Feb. 11. Referred to House Health and Human Resources Committee then House Judiciary.
Consent to Health Care of Minors Act is proposed
House Bill 2039. Proposed §49-6F-1 et. seq. would establish the Consent to Health Care of Minors Act, allowing for a caregiver who is not a parent, legal custodian or guardian of a minor to consent to health care for a minor through an affidavit. The bill provides for revocation and termination of consent, good faith reliance on the affidavit, exceptions to an affidavit's applicability, penalties for a false statement in an affidavit of consent, and rule-making authority.
Sponsored by Del. Duke. Introduced Feb. 11. Referred to House Health and Human Resources then House Judiciary.
Process available for males to contest allegations of biological parentage
House Bill 2107. Proposed §48-18-105a would allow males who are required to pay child support as the father of a child to seek a court motion to set aside a determination of paternity, based on the grounds established in the bill, including an affidavit executed by the “ movant” that newly discovered evidence has come to the “movant's” knowledge since entry of judgment; and that the results from scientifically credible parentage-determination genetic testing, administered within 90 days prior to the filing of the motion, demonstrates there is zero percent probability that the male ordered to pay child support is the father of the child for whom support is required.Given the above two considerations, courts can grant relief to the” movant,” based on the following and similar determination such as the male having been ordered to pay child support has not adopted the child; the child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock; the male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and similar findings.
Sponsored by Del. Armstead. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2107%20intr.htm&yr=2009&sesstype=RS&i=2107
Children of state employees earning $25,000 or less per year would qualify for CHIPs
House Bill 2111. Proposed Ch§5-16B-6e would “qualify” children of state employees, receiving income of $25,000.00 per year or less, for the West Virginia Children's Health Insurance Program (CHIP).
There are three House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 11. Referred to House Health and Human Resources then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2111%20intr.htm&yr=2009&sesstype=RS&i=2111
Employers could be fined for withholding child support
House Bill 2114. Proposed revisions to §48-14-407 would establish a $100 a day penalty for employers failing to withhold an employee's income for child support obligations.
Sponsored by Del. John Ellem, R-Wood. Introduced Feb. 11. Referred to House Judiciary.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2114%20intr.htm&yr=2009&sesstype=RS&i=2114
Skateboarders would have to use helmets
House Bill 2134. Proposed §17C-11B-1 et. seq. would require skateboarders to use helmets. This requirement would be included in what would be known as the “Skateboard Safety Act.”
Sponsored by Del. Iaquinta. Introduced Feb. 11. Referred to House Judiciary.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2134%20intr.htm&yr=2009&sesstype=RS&i=2134
Certain expenses would be excluded from child support calculations
House Bill 2300. Proposed revisions to §48-1-228 would exclude certain expenses such as professional organization dues, union dues, professional licensure and certification fees, as well as fees for mandatory continuing education to maintain professional licensure, and fees for enrollment, training or certification in apprenticeship or journeyman programs from the definition of gross income as used in calculating child support.
Sponsored by Del. Patti Eagloski Schoen, R-Putnam. Introduced Jan. 24. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2300%20intr.htm&yr=2009&sesstype=RS&i=2300
Crimes
DNA samples would be taken to aid in solving crimes
Senate Bill 146. Proposed §15-2B-15 et. seq. would allow DNA samples to be taken from arrested persons and to provide a database of persons arrested for felonies to aid in solving crimes.
Sponsored by Sen. Clark Barnes, R-Randolph. Introduced Feb. 11. Referred to Senate Judiciary.
House Bill 2023 is a similar bill. It states that all persons convicted of a felony would be subjected to DNA testing.
Sponsored by Del. Ellem. Introduced Feb. 11. Referred to House Judiciary.
Bill would prohibit sex offenders from loitering within 1,000 feet of a school
House Bill 2059. Proposed revisions to §62-12-26 would prohibit sex offenders from loitering within 1,000 feet of a school or child care facility, school bus stop, or other child safety zone such as a public park, playground, swimming or wading pool or any other amusement area.
There are four House sponsors, including lead sponsor Del. Fragale. Introduced Feb. 11. Referred to House Judiciary.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2059%20intr.htm&yr=2009&sesstype=RS&i=2059
A related bill, House Bill 2149, would require the Division of Motor Vehicles to notify the State Police when a registered sex offender purchases, trades or registers a motor vehicle.
Sponsored By Del. Williams. Introduced Feb. 11. Referred to House Roads and Transportation then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2149%20intr.htm&yr=2009&sesstype=RS&i=2149
Measure concerns crime between family members
House Bill 2115. Proposed revisions to §62-1C-17C would make bond contingent on the defendant not initiating any contact with the victim or the complainant, come within one hundred feet of the victim or complainant, enter the complainant's residence, school, business or place of employment.
Sponsored by Del. Ellem. Introduced Feb. 11. Referred to House Judiciary.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2115%20intr.htm&yr=2009&sesstype=RS&i=2115
Charitable organizations would not be permitted to solicit contributions on public roadways
House Bill 2120. Proposed §17-19-13a would prohibit charitable organizations from soliciting contributions on public highways.
The states that a person convicted of violating bill provisions would be issued a warning citation upon a first offense, and the name of the charitable organization conducting the solicitation would be forwarded to the Secretary of State for investigation to determine whether the charitable organization is properly registered.
The name of the organization also would be forwarded to the Department of Revenue for investigation to determine whether the charitable organization is in compliance with state tax laws.
For a second or subsequent violation of this proposed law, a person would be guilty of a misdemeanor and could face a fine ranging from $50-$500.
Sponsored by Del. Hamilton. Introduced Feb. 11. Referred to House Roads and Transportation then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2120%20intr.htm&yr=2009&sesstype=RS&i=2120
Conspiracy to commit armed assault on school property would constitute a penalty
House Bill 2121. Proposed §61-2-15b would make armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students who are on school property, a felony punishable by 25 years imprisonment and a $10,000 fine.
Sponsored by Del. Caputo. Introduced Feb. 11. Referred to House Education then House Judiciary.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2121%20intr.htm&yr=2009&sesstype=RS&i=2121
Law enforcement personnel would not be able to inquire as to one’s insurance coverage when investigating a crime
House Bill 2130. Proposed §30-29-11 would prohibit law-enforcement officers from asking crime victims if they have insurance coverage to cover losses occasioned by criminal activity. According to the Bill Note, the rationale for the proposal is that law enforcement have less incentive to solve crimes and recover lost property when they believe insurance coverage exists to compensate a victim. The bill excludes criminal investigations in which law-enforcement officers have reasonable suspicion to believe that a crime has been staged or falsely reported.
Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2130%20intr.htm&yr=2009&sesstype=RS&i=2130
Failure to wear a safety belt would become primary offense
House Bill 2253. Proposed revisions to §17C-15-49 would change the offense of failure to wear safety belts to a primary offense.
Sponsored by Del. Barbara Fleischauer, D-Monongalia. 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=hb2253%20intr.htm&yr=2009&sesstype=RS&i=2253
Proposed legislation would make it a misdemeanor to file a “frivolous lawsuit”
House Bill 2262. Proposed §61-10-33 would make it a misdemeanor to file a frivolous lawsuit.
Under terms of bill provisions, a lawsuit, insurance claim, or defense is frivolous if it is known to be false and is made with the intent to defraud.
Persons who file frivolous lawsuits, frivolous insurance claims or frivolous defenses, are guilty of a misdemeanor, upon conviction for such, and could be fined up to $10,000 or jailed for up to 30 days or both.
Sponsored by Del. Shook. Introduced Feb. 12. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2262%20intr.htm&yr=2009&sesstype=RS&i=2262
Registry of persons convicted of operating a clandestine drug laboratory contemplated
House Bill 2266. Proposed §15-12A-1 and -2 would create a registry of persons convicted of operating a clandestine drug laboratory.
Under terms of other provisions, the measure would direct the Criminal Identification Bureau of the State Police to create a website using descriptive terms for the public to access relative to the information in the registry.
There are other provisions, including provisions regarding rule-making.
Sponsored by Del. Spencer. Introduced Feb. 12. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Measure relates to identify theft crime
House Bill 2279. Proposed revisions to §61-3-54 would make identity theft a felony if a person commits the crime with the intent to commit any other crime.
Sponsored by Del. Larry Barker, D-Boone. Introduced Feb. 12. Referred to House Judiciary.
Proposals addresses minor’s unlawful possession of deadly weapon
House Bill 2316. Proposed revisions to §49-5-8 would permit the presiding officer of a juvenile proceeding (or a law-enforcement official) to order a juvenile to be taken into custody when there is probable cause to believe the juvenile has illegally possessed a deadly.
Another bill provision would permit waiver and transfer of jurisdiction from juvenile proceeding to criminal jurisdiction if there is probable cause to believe that juvenile has illegally possessed a deadly weapon.
There are four House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 12. Referred to House Judiciary.
Elections
Bill would allow for nonpartisan election of state Supreme Court Justices
Senate Bill 136. This 19-page bill would allow state Supreme Court Justices to be elected on nonpartisan ballots.
Sponsored by Sen. Jenkins. Introduced Feb. 11. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb136%20intr.htm&yr=2009&sesstype=RS&i=136
Bill relates to disclosure requirements for political advertisements
House Bill 2083. Proposed §3-8A-1 et. seq. would establish procedures relating to disclosure requirements for political campaign advertisements – both electronic and print media, especially means to demonstrate these type media communications are intended "to support or oppose the nomination or election of one or more clearly identified candidates."
Various procedures are outlined as to how a candidate can find legal relief when persons, including other candidates, violate the statutory provisions – one remedy of such would be monetary awards for damages.
Sponsored by Del. Barbara Hatfield, D-Kanawha. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2083%20intr.htm&yr=2009&sesstype=RS&i=2083
Municipalities could transfer early in-person voting ballots to precincts one day before the election
House Bill 2260. Proposed revisions to §3-3-7 would authorize governing bodies of municipalities and county commissions to transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered, which is one day before the election.
Sponsored by Del. Spencer. Introduced Feb. 12. Referred to House Political Subdivisions then House Judiciary.
Governmental Entities
Jobs Impact Statement would be required for some programs
Senate Bill 14. Proposed §5B-2H-1 et. seq. would require a Jobs Impact Statement to be completed by the West Virginia Development Office for certain proposed legislation which may impact both short-term and long-term jobs in this state.
Based on terms of the legislation, the bill applies to “proposed legislation which has an impact on the state's economy…”
Various types of reportage are required.
Statement components
According to the bill, the Jobs Impact Statement, using generally accepted methodology, would detail both short-term and long-term job effects of the proposed legislation and must include at least the following information:- A determination of the probable result of the legislation in terms of the number of West Virginia jobs which will be created, retained or eliminated;
- A statement of the probable net impact of the legislation on employment levels and employment patterns in West Virginia; and
- A determination of the relative impact on the number of West Virginia jobs by broad industrial sector (two-digit standard industrial classification).
There are several other provisions, including filing of the statements, etc.
Sponsored by Sen. Jenkins. Introduced Jan. 14. Referred to Senate Economic Development Committee then Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb14%20intr.htm&yr=2009&sesstype=RS&i=14
Elected officials would be prohibited from doling funds 90 days prior to an election
Senate Bill 73. Proposed §3-8-12 would Prohibit dispensing of public moneys within 90 days of election.
Sponsored by Sen. Barnes. Introduced Feb. 11. Referred to Senate Judiciary then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb73%20intr.htm&yr=2009&sesstype=RS&i=73
Bill relates to divestiture of state moneys from companies that do business in countries sponsoring terrorism
Senate Bill 145. The purpose of this legislation is to remove all state money from investments with companies that do business with or in countries engaging in terrorist activities.
The measure includes several definitions, especially as relating to what constitutes “terrorist activities.”
Due to its definitions, bill provisions would affect county boards as “political subdivisions.”
The measure also cites investments relative to corporate bonds, retirement investments, capital stock, etc.
There are several other provisions.
Sponsored by Sen. White. Introduced Feb. 11. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb145%20intr.htm&yr=2009&sesstype=RS&i=145
“Nonbase building salary enhancements” could be provided to state employees
Senate Bill 247. Proposed §5-5-2a would authorize the Governor to pay a “nonbase building salary enhancement” to eligible state employees provided the Legislature appropriates moneys for that specific purpose.
Sponsored by Sens. Tomblin and Caruth on behalf of the governor. Introduced Feb. 12. Referred to Senate Government Organization then Senate Finance.
Also refer to House Bill 2337. It is the companion measure introduced by Dels. Thompson and Armstead on behalf of the governor. Introduced Feb. 12. Referred to House Government Organization then House Education then House Finance.
Those convicted of felonies would be prohibited from holding office
House Bill 2052. Proposed revisions to §6-5-5 would Prohibit a person convicted of any felony from holding public office.
(The bill modifies existing law to make that specific disqualification.)
There are three House sponsors, including lead sponsor Del. Fragale. Introduced Feb. 11. Referred to House Judiciary.
Auditor would be able to set standards for archiving electronic and paper documents
House Bill 2056. Proposed revisions to §12-3-5 would allow the State Auditor to set standards for archiving electronic and paper documents related to requisitions.
There are five House sponsors, including lead sponsor Del. Daniel Poling, D-Wood. Introduced Feb. 11. Referred to House Government Organization then House Judiciary.
Also refer to House Bill 2074. requiring all records county clerks maintain to be preserved indefinitely. Additionally, the measure would remove the statute of limitations on some personal actions such as lawsuits and arbitration.
December 7 would be legal state holiday
House Bill 2064. Proposed revisions to §2-2-1 would designate December 7 of each year as “Pearl Harbor Day.” That day would be a legal state holiday.
There are four House sponsors, including lead sponsor Del. Iaquinta.
There is a Fiscal Note request.
English would become official state language
House Bill 2106. Proposed §2-1-3 would designate English as the official state language.
There are four House sponsors, including lead sponsor Del. Ireland. Introduced Feb. 11. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2106%20intr.htm&yr=2009&sesstype=RS&i=2106
Publicly-funded facilities could not be named after living elected officials
House Bill 2108. Proposed to §4-13-1 would prohibit the naming of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers for a living, elected official by any governmental entity.
The bill also states that any responsible governmental official authorizing the naming of a building, road, structure or project for a living elected official is liable to the governmental entity for any costs incurred by a violation.
There are four House sponsors, including lead sponsor Del. Sumner. Introduced Feb. 11. Referred to House Government Organization then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2108%20intr.htm&yr=2009&sesstype=RS&i=2108
State contract bids would have to disclose location where work is to be performed
House Bill 2129. Proposed revisions to §5A-3-10d would require bids under state contract to disclose the location of work to be performed or risk state termination of the contract.
There are three House sponsors, including lead sponsor Del. Martin. Introduced Feb. 11. Referred to House Government Organization.
Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hb2129%20intr.htm
Joint Commission on Technology and Advancement Communication planned
House Bill 2243. The purpose of this legislation is to establish the Joint Commission on Technology and Advanced Communications.
The legislation has several findings, including the declaration that “efforts to enhance and promote the expansion and efficient use of technology should be coordinated among the several state and federal agencies, commissions, boards, committees, associations and other entities.”
In doing so, the legislation states these efforts will “increase statewide awareness of the technology community of this state; promote and enable technology-based economic development by cooperating with economic development organizations and coordinating industry expertise; and make known the vital roles the technology community and workforce have in the future of this state.”
One Commission goal would be to “develop and maintain an overall technology policy for the State of West Virginia with respect to: (A) Application of technology to free state employees from repetitive tasks so the employees may focus on more important tasks; (B) application of technology to speed information flow and information management to achieve a faster response time to users of government services, including businesses, individuals and intergovernmental users; (C) minimize transaction costs; and (D) meet the demands of constituents for use of technology.”
The Commission would include seven members of the Senate and seven members of the House of Delegates.
Other members would represent the technology industry in West Virginia.
The group would meet during the regular session and during interim meetings.
It would be responsible for developing a work plan with topics to study with advisory committees being appointed, as necessary, to “study those initiatives.”
There are several other provisions.
Sponsored by Dels. Boggs and Campbell. Introduced Feb. 12. Referred to House Government Organization then House Finance.
State employees would receive salary increases based on residential housing costs
House Bill 2250. Proposed §5-5-7 would base state employees’ salaries on residential housing costs in a county.
Sponsored by Dels. Doyle and John Overington. R-Berkeley. Introduced Feb. 12. Referred to House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2250%20intr.htm&yr=2009&sesstype=RS&i=2250
Bill concerns fire departments’ meet and confer rights
House Bill 2251. Proposed §8-15B-1 et. seq. would establish meet and confer rights for members of fire departments employed by political subdivisions. (The bill amends a chapter of Code relating to municipalities.)
Among its many provisions, the bill provides for fire departments to have self-organization; to select an exclusive representative agent; to require a duty to meet and confer with employees; establishment of compulsory arbitration of disputes; and enumeration of various practices to which political subdivisions cannot engage, including refusal to “meet and confer in good faith.”
The measure also establishes various prohibited practices to which employee organizations would be prohibited, including “striking against or withholding their members’ services from a political subdivision…”
If a member does withhold his services, he could face a six month suspension without pay, with the agency to which he or she belongs losing its “right for six months to have the monthly amount of dues withheld for all its members’ pay by the employer.”
A writ of mandamus could be sought as a remedy to force compliance with the proposed statute in terms of firefighters’ organizations engaging in “prohibited acts.” The Firefighters’ Civil Service Commission would have various other duties.
Sponsored by Dels. Caputo and Martin. Introduced Feb. 12. Referred to House Political Subdivisions then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2251%20intr.htm&yr=2009&sesstype=RS&i=2251
Bill expands upon definition of term “impersonation” of a public official
House Bill 2306. Proposed revisions to §61-5-27a would denote the term "impersonation" of a public official or employee to include the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship.
There are four House sponsors, including lead sponsor Del. Webster. Introduced Feb. 12. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2306%20intr.htm&yr=2009&sesstype=RS&i=2306
Partnership to Promote Community Well-Being would be single state planning agency for substance abuse prevention
House Bill 2308. The primary purpose of this legislation is to codify the West Virginia Partnership to Promote Community Well-Being.
In doing so, the Partnership would be designated as the single state planning authority for substance abuse prevention, intervention and recovery.
The bill enumerates the entity’s powers and authority and would, as a matter of state law and policy, authorize the Partnership to make recommendations about pertinent federal grants.
There are 10 House sponsors, including lead sponsor Del. Morgan. Introduced Feb. 12. Referred to House Government Organization then House Finance.
There is a Fiscal Note request.
Taxation
Bonded Indebtedness
Measures relate to bonds and bond indebtedness
Senate Bill 243. The purpose of this legislation is to “modernize” existing law relating to general obligation bonds.
A related bill, Senate Bill 251, would authorize county commissions, municipalities and county boards receiving lottery revenues to issue bonds secured by such lottery revenues to construct public projects.
According to the Bill Note, this will allow county commissions, municipalities and boards of education to construct more public projects which create jobs and “stimulate the economy.”
Senate Bill 243 is sponsored by Sen. McCabe. Introduced Feb. 12. Referred to Senate Finance.
Sen. McCabe also sponsored Sen. Bill 251. Introduced Feb. 13. Referred to Senate Government Organization then Senate Finance.
Note: These measures will be reviewed in greater detail in a future issue of The Legislature.
Property Taxes
Bills relate to managed timberland assessments, severance taxes
Senate Bill 89. Proposed revisions to §11-1C-11 would limit classification of real property as managed timberland to prevent county property tax revenues from decreasing by more than four percent.
Sponsored by Sen. Deem. Introduced Feb. 11. Referred to Senate Judiciary then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb89%20intr.htm&yr=2009&sesstype=RS&i=89
Timber severance tax would be eliminated
Senate Bill 92. Proposed revisions to §11-13A-13b would eliminate the severance tax on timber for three years beginning in 2010.
Sponsored by Sen. Jenkins. Introduced Feb. 11. Referred to Senate Judiciary.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb92%20intr.htm&yr=2009&sesstype=RS&i=92
Property would be assessed every five years
House Bill 2002. The purpose of this legislation, which would amend §11-1C-9, would change the time for periodic valuations and assessments of real and personal property from every three years to every five years and provide a 10 percent cap on any increase in assessment in any one year.
Sponsored by Del. Ellem. Introduced Feb. 11. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2002%20intr.htm&yr=2009&sesstype=RS&i=2002
Increases in assessed valuations would be prohibited in counties with excess levies
House Bill 2012. Proposed revisions to §11-3-1 would prohibit increases in the assessed value of real property which is located in a county where a maximum excess levy is in effect, the property has not changed in tax classification and the increased value is more than 2 percent over the assessed value of the same property for the previous year.
Sponsored by Del. Cann. Introduced Feb. 11. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2012%20intr.htm&yr=2009&sesstype=RS&i=2012
Three percent cap would be imposed on property assessment increases
House Bill 2030. Proposed revisions to §11-1C-9 would establish a three percent cap on any increase in assessment on real property that is the primary residence of an individual in any one year.
Sponsored by Del. Azinger. Introduced Feb. 11. Referred to House Judiciary then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2030%20intr.htm&yr=2009&sesstype=RS&i=2030
Homestead Exemption
Measures concern Homestead Exemption
Senate Bill 41. Proposed §11-21-21 would change the qualifier for low income to 300 percent or less of the federal poverty guideline - currently 150 percent or less of the federal poverty guideline - for senior citizens' Homestead Tax Credit.
Sponsored by Sen. Sypolt. Introduced Feb. 11. Referred to Senate Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb41%20intr.htm&yr=2009&sesstype=RS&i=41
House Bill 2102, a similar bill, would change the qualifier to 250 percent or less of the federal poverty guideline.
There are four House sponsors, including lead sponsor Del. Williams. Introduced Feb. 11. Referred to House Senior Citizens Issues then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2102%20intr.htm&yr=2009&sesstype=RS&i=2102
Manufacturing Inventory
Tax credit would be available for ad valorem tax paid on manufacturing inventory
House Bill 2042. Proposed revisions to §11-23-29 would provide a tax credit for ad valorem tax paid on manufacturing inventory, and other tangible personal property which will reduce either or both the amount of business franchise tax or corporate net income tax owed , effective the tax year beginning July 1, 2009.
Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2042%20intr.htm&yr=2009&sesstype=RS&i=2042
A related bill, House Bill 2283, would authorize county tax assessors to forego imposing the property tax in a county on businesses for property that is business inventory intended for resale.
Sponsored by Del. Boggs. Introduced Feb. 12. Referred to House Political Subdivisions then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2283%20intr.htm&yr=2009&sesstype=RS&i=2283
Personal Income Taxation
House Bill 2109. The purpose of this legislation is to increase the exemption on retirement income from taxation on persons age 65 years of age or older or a surviving spouse of such persons from $8,000 a year to $15,000a year.
There are eight House sponsors, including lead sponsor Del. Longstreth. Introduced Feb. 11. Referred to House Senior Citizens Issues then Pensions and Retirement then Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2109%20intr.htm&yr=2009&sesstype=RS&i=2109
Tobacco
Municipal courts would have jurisdiction over juveniles who violate laws relating to tobacco usage
Senate Bill 32. Proposed revisions to §16-9A-3 would grant municipal courts jurisdiction over juveniles who violate laws and ordinances relating to tobacco use.
Sponsored by Sen. Facemyer. Introduced Feb. 11. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb32%20intr.htm&yr=2009&sesstype=RS&i=32
Bill would increase penalties for youth under age 18 who possess tobacco or tobacco products
Senate Bill 62. Proposed amendments to §16-9A-3 would increase the penalties for use or possession of tobacco or tobacco products by a person under age 18, eighteen years of age.
For a first offense the fine would be increased from $25 to $100 plus 40 hours community service (currently 8 hours).
For a second or subsequent violation, the fine would increase to $150, along with 60 hours community service along with revocation of the person's junior or graduated driver's license until age 18, or if the person does not yet have a junior or graduated driver's license, the person is ineligible to apply for any type of driver's license until age 18.
Sponsored by Sen. Facemyer. Introduced Jan. 9. Referred to the Senate Judiciary
Similar legislation has been introduced/considered in a past legislative session or sessions.
Use of tobacco products in automobile would be prohibited if youth are present
Senate Bill 115. Proposed revisions to §16-9A-10 would prohibit the use of lit tobacco products in a motor vehicle while individuals fourteen years of age or under are present.
Sponsored by Sen. Prezioso. Introduced Feb. 11. Referred to Senate Transportation and Infrastructure then Senate Judiciary.
Similar legislation has been introduced/considered in a past legislative session or sessions.
Briefly...
Senate Bill 13 would include Cabell, Mason and Jackson Counties as members of the West Virginia Route 2 and Interstate 68 Authority. The companion measure is House Bill 2050…Senate Bill 93 would authorize municipalities to enter into contracts for energy-savings contracts…Senate Bill 131 would prohibit use of a “handheld phone” while driving…Senate Bill 132 would dedicate 5 percent of every $1 million of severance taxes for use and benefit of counties and municipalities from which those taxes were collected…Senate Bill 137 would regulate use of All-Terrain Vehicles, especially their use on paved roads…Senate Bill 142 would create a tax incentive for tourism promotion…Senate Bill 144 and House Bill 2234 would increase the maximum cash award the Employee Suggestion Award Board may make for an individual award to $16,000 – currently $10,000…Senate Bill 234 would create regulations for land-based aquaculture facilities, including provision of exemptions from some sludge management requirements…Senate Bill 239 would permit Kanawha County to decide on metro government by majority vote…House Bill 2325 would extend the deadline for submission of the written plan for participation in the pilot program for increased powers for municipal self-government…Senate Bill 241 would establish the West Virginia Public Campaign Financing Act. It relates to legislative offices…
House Bill 2117 would increase the percentages payable to counties, municipalities and retailers, based on limited video lottery proceeds…House Bill 2143 would dedicate portions of sales taxes collected for secondary roads upkeep… …House Bill 2274 would distribute the State Treasurer’s “Road Fund” proportionally to each county according to tax generated from that county…House Bill 2296 would empower counties and municipalities to deny a development if adequate public facilities, assets and services are not available to support the activity. There are other provisions…House Bill 2309 would update laws regarding practice of Occupational Therapy…House Bill 2312 would add the Commissioner of the Division of Highways as a nonvoting member of the National Coal Heritage Area Authority.
West Virginia School Board Association
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