Feb. 11 - Feb. 15, 2008 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced  Feb. 11-15.

Today is the41st day of the 2008 regular session – the last day to introduce bills in both the Senate and House.

The 60-day 2008 legislative session concludes March 8.  

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

A total 39 bills are reviewed.

In some cases, bill underlining may be utilized to show proposed statutory language or language revisions.

For a copy of any bill, please contact WVSBA: 304.346.0571 or email me: hocull@wvsba.org

 

PUBLIC EDUCATION

Public School Personnel

Lesser sanctions could be imposed in lieu of revocation of teaching certificates

Senate bill 646.  Proposed revisions to §18A-3-6 would allow “lesser sanctions” to be imposed instead of teacher license revocation.

Current law states: “The State Superintendent may, after ten days' notice and upon proper evidence, revoke the certificates of or impose lesser sanctions upon any teacher for any of the following causes: Intemperance; untruthfulness; cruelty; immorality; the conviction of a felony or a guilty plea or a plea of no contest to a felony charge; the conviction, guilty plea or plea of no contest to any charge involving sexual misconduct with a minor or a student; or for using fraudulent, unapproved or insufficient credit to obtain the certificates, subject to the following:

“The certificates of a teacher may not be revoked for any matter for which the teacher was disciplined, less than dismissal, by the county board that employs the teacher, nor for which the teacher is meeting or has met an improvement plan determined by the county board, unless it can be proven by clear and convincing evidence that the teacher has committed one of the offenses listed in this subsection and his or her actions render him or her unfit to teach: Provided, That for the purposes of this subdivision only, a teacher is considered to have been disciplined by dismissal if the teacher resigns or retires during an investigation into allegations of misconduct; Provided, however, That for the purposes of this subdivision only, a teacher is considered to have been disciplined by dismissal if the teacher resigns or retires during an investigation into allegations of misconduct.”

The bill also would allow the State Superintendent of Schools to issue subpoenas and subpoenas duces tecum.

“Subpoena duces tecum is a legal summons to appear and produce tangible evidence for use at a hearing or trial or hearing.”

Note: The underlined language includes proposed changes to Code.

Sponsored by Sens. Bob Plymale, D-Wayne, and Larry Edgell, D-Wetzel. Introduced Feb. 12.   Referred to the Senate Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb646%20intr.htm

Bills would increase Cafeteria Managers’ Pay Grade

Senate Bill 663. Proposed revisions to §18A-4-8a would increase the pay grade of cafeteria managers, moving their Pay Grade from Pay Grade “D” to “E.”

Sponsored by Sen. Edgell. Introduced Feb. 15. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb663%20intr.htm

The House companion measure is House Bill 4564. There are five House sponsors, including lead sponsor Del. Brady Paxton, D-Putnam. Introduced Feb . 14. Referred to the House Education Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4564%20intr.htm

Fiscal Notes have been requested.

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

County boards would be required to employ “best qualified person” for  extracurricular activities

Senate Bill 675. Proposed §18A-2-15 would require county boards to “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, and Mike Hall, D-Putnam. Introduced Feb. 15. Referred to the Senate Education Committee. (Legislative reference is not available.)

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

Principals would submit recommendations to superintendent regarding employee personnel actions

House Bill 4479. Proposed revisions to §18A-2-9 would “mandate” (require)  school principals to submit recommendations to the county superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel.

There are six House sponsors, including lead sponsor Del. Mary Poling, D-Barbour. Introduced Feb. 11. Referred to House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4479%20intr.htm

This measure is similar to Senate Bill 625 which is reviewed in the Feb. 11 issue of The Legislature. The reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb625%20intr.htm

Bill relates to filing guidance counselor positions

House Bill 4523. Proposed revisions to §18A-4-7a would allow guidance counselors to compete equally for all guidance counselor positions regardless of whether the position is posted for the elementary grade levels or the secondary grade levels.

Sponsored by Del. Ruth Rowan, R-Hampshire. Introduced Feb. 13. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4523%20intr.htm

Teachers would execute contracts with the state Board of Education for Division of Corrections schools

House Bill 4539. Proposed revisions to §18-2-13f would provide the means for teachers in state Correctional Institutions to acquire contract status. The measure also would establish dismissal and suspension procedures for these persons.

The contracts would be executed with the state Board of Education and would include “…the salary to be paid and shall be in the form prescribed by the State Superintendent of Schools.  

“Every contract shall be signed by the teacher and by the president and secretary of the state Board of Education.”

Tenure
The contract period would be from one-three years with teachers, after three years of favorable employment, becoming eligible for tenure.

The bill would give the state Board authority to “suspend or dismiss any teacher…with continuing contract status, for immorality, incompetency, cruelty, insubordination, intemperance or willful neglect of duty, but the charges shall be stated in writing and the teacher affected shall be given an opportunity to be heard by the state board upon not less than (10) day's written notice, which charges and notice shall be served on the teacher within five days of the presentation of the charges to the state board. The hearing may be held at a regular meeting of the state board or at a special meeting called for that purpose.

Auxiliary and service personnel

Additionally, the bill would allow the state Board to “employ such auxiliary and service personnel as it considers necessary for meeting the educational needs of the institutional schools.

“Before entering upon their duties these personnel shall execute with the board a written contract which may be in a letter form and shall state the classification and terms of work, the employment period and pay, and shall certify that the employment has been made a matter of minute record. The letter shall provide space for an acceptance provision and shall be signed and returned to the board by the employee or otherwise he or she shall forfeit his or her right to employment.”

The bill states that after  three years of acceptable employment “each auxiliary and service personnel, at the end of his contractual period of employment, shall be notified in writing on or before (May 1) in the year in which such employment shall terminate if he is not to be reemployed for the ensuing year.”

There are other provisions.

Sponsored by Del. Paxton. Introduced Feb. 14. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4539%20intr.htm

Bus operators would take certification tests biennially

House Bill 4554. Proposed revisions to §18-2-5 would allow school bus operators with “regular employee status and continuing contract status…to take the (bus operator) certification test biennially.

They would not be required to take “the certification test on a more frequent basis.

“The certification test for substitute bus operators, and for school bus operators with regular employee status but on a probationary contract are to be administered annually.”

There are six House sponsors, including lead sponsor Del. Daniel Poling, D-Wood. Introduced Feb. 14. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4554%20intr.htm

Measure concerns verification of “lawful presence” in United States in order to receive various state, local or federal public benefits

House Bill 4581. Proposed §1-6-1 would require all state agencies and political subdivisions to verify “lawful presence” in the United States for persons who apply for “public benefits,” including education services.

The bill requires the “Secretary of the West Virginia Department of Education” to develop various rules and regulations “regarding post-secondary benefits that comply with all federal laws…”

The bill has extensive sections relating to verification.

It appears the measure relates to persons age 18 or older.

There are eight House sponsors, including lead sponsor Del. Patti Eagloski Schoen, R-Putnam. Introduced Feb. 15. Referred to the House Judiciary Committee, then the House Finance Committee. Legislative reference is not available.

House Bill 4547 is a related bill.

It would  require public employers and those contractors and subcontractors who contract with the state to register and participate in the Department of Homeland Security's Federal Work Authorization Program.

The bill also updates current state laws to comply with corresponding federal law.

A third major bill section would discourage discrimination on the basis of race, ethnicity and national origin.

There are 10 House sponsors, including lead sponsor Del. Schoen. Introduced Feb. 14. Referred to the House Industry and Labor, Economic Development and Small Business Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4547%20intr.htm

 

Public School Support Program (PSSP)

Bill relates to computation of local share

House Bill 4522. Proposed revisions to §18-9A-11 would reduce the regular levy deducted from county boards for general current expense purposes by 50 percent of the growth in local share from 5 years prior.

There are seven House sponsors, including lead sponsor Del. Walter Duke, R-Berkeley. Introduced Feb. 13. Referred to the House Education Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4522%20intr.htm

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

State Superintendent of Schools

Fireworks displays would be able to occur on school property

House Bill 4505. Revised §29-3-24 and §61-7-11a would allow fireworks displays on public school property upon approval of the State Superintendent of Schools and the State Fire Marshal.

There are 11 House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Feb. 12. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4505%20intr.htm

Note: This measure is similar to House Bill 4425 which is reviewed in the Feb. 11 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4425%20intr.htm

Textbook Adoption

Bill would allow state Board of Education to collect review fees from publishers participating in instructional materials adoptions

Senate Bill 635. Proposed revisions to §18-2A-2 would authorize the state Board of Education to set and collect review fees from publishers participating in the state instructional materials adoption procedures.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 11. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb635%20intr.htm

West Virginia Board of Education (WVBE)

Bill would require CPR/First Aid to be added to curricula

Senate Bill 637. Proposed revision to §18-2-9 would require Cardiopulmonary Resuscitation (CPR) and First Aid as required courses of public school curricula. These courses would be taught in health classes.

Sponsored by Sen. Ron Stollings, D-Boone. Introduced Feb. 11. Referred to the Senate Education Committee then the Senate Finance Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb637%20intr.htm

The House companion measure is House Bill 4124 which has been approved by House Education. Refer to issue 11 of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4124%20intr.htm

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

Nonsupervisory WVBE employees would have same protections against summary dismissal as county board employees

House Bill 4559. Proposed §18-2-38 would give state Board of Education nonsupervisory employees the same protections against summary dismissal as county board employees have through continuing contracts and dismissal for cause.

Sponsored by Del. Danny Wells, D-Kanawha (By Request). Introduced Feb. 14. Referred to the House Education Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4559%20intr.htm

 

Higher Education Policy Commission (HEPC)

Court of Claims bill would provide payments to Marshall  University and West Virginia University

Senate Bill 654. This state Court of Claims bill would provide “payment” to Marshall University and West Virginia University for Manpower Services ($20,000) and American Vending Company Inc. ($529,087), respectively.

There are four Senate sponsors, including lead sponsor Sen. Shirley Love, D-Fayette. Introduced Feb. 13. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb654%20intr.htm

Also refer to House Bill 4490. This Court of Claims bill would provide a payment of $26,520 to West Virginia Medical Corporation, doing business as “University Health Associates, WVU Physicians of Charleston ($17,077) and WVU Hospitals ($294) WVU Physicians of Charleston ($17,077) and WVU Hospitals ($294,535).

There are six House sponsors, including lead sponsor Del. Doug Stalnaker, D-Lewis. Introduced Feb. 11. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4490%20intr.htm

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

Bill would allow PROMISE Scholarships to be used for out-of-state institutions

House Bill 4510. Proposed revisions to §18C-7-c and §18C-7-6 would provide West Virginia students with 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 Scholarship could not exceed 50 percent of the cost of tuition in the out-of-state institution.

In order to receive the PROMISE Scholarship under these circumstances, the applicant would be required to perform community services.
Sponsored by Del. Craig Blair, R-Berkeley. Introduced Feb. 12. Referred to the House Education Commission then the House Finance Commission. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4510%20intr.htm

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

Illegal aliens would be prohibited from receiving resident tuition rates at state colleges and universities

House Bill 4531. Proposed §18B-10-1d would disallow undocumented illegal aliens residing in West Virginia from receiving  resident tuition rates  if  attending state-owned institutions of higher education.

There are 11 House sponsors, including lead sponsor Del. Tim Armstead, R-Wood. Introduced Feb. 14. Referred to the House Education Committee then the House Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4531%20intr.htm

 

Public Employees Insurance Agency (PEIA)

PEIA would cover maternity and post-delivery care for dependents of state employees

Senate Bill 655. Proposed §5-16-7f would provide maternity benefit coverage and post-delivery care for pregnant dependants of state employees.

Sponsored by Sen. Erik Wells, D-Kanawha. Introduced Feb . 13. Referred to the Senate Banking and Insurance Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb655%20intr.htm

Bill would require HOMs and sickness insurance providers to cover Lyme disease treatment

House Bill 4568. Proposed §33-15-4j and proposed revisions to §33-25A-8i would require accident and sickness insurance providers and health maintenance organizations to cover long-term antibiotic treatments for Lyme disease.

In most instances, health insurance providers would be required to provide the treatment coverage retroactive to Jan. 1.
There are 10 House sponsors, including lead sponsor Del. Ennis. Introduced Feb. 14. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4568%20intr.htm

Teachers Retirement System (TRS)

Measures include the governor’s proposals for TDC members

Senate Bill 642. Proposed repeal of §18-7C-1 et. seq. and proposed §18-7D-1 et. seq. would implement the governor’s plan to provide for the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").

Accordingly, it would provide for an election on the question of actively contributing members of the TDC voluntarily transferring assets to the TRS and would require 70 percent of these TDC members to vote in favor the transfer.

The bill also would provide, upon favorable vote, that transferring TDC members receive service credit in TRS for an amount equal to 75 five percent of the members' service credit to the TDC.

There are several other provisions.

Sponsored By Sen. President Earl Ray Tomblin, D-Logan, and Minority Leader Don Caruth, R-Mercer. Introduced Feb. 11. Referred to the Senate Pensions Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb642%20intr.htm

House Bill 4496, the companion measure, introduced by House Speaker Rick Thompson, D-Wayne, and Minority Leader Armstead, was introduced Feb. 11. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/amendments/HB4496%20H%20P&R%20AM%202-13.htm

Note: For more information regarding TDC proposals as being considered by the House and Senate, refer to the Feb. 15 issue of The Legislature.

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

Bill would provide COLA increase to TRS members receiving a disability annuity

House Bill 4584. Proposed §18-7A-26 u would provide a Cost-Of-Living-Adjustment to TRS disability annuitants who have been retired for at least five years as well as all annuitants age 65 who have been receiving a TRS annuity for at least five years.

The COLA adjustment would equal the increase in the Consumers Price Index as calculated by the Bureau of Labor Statistics or 3 percent, whichever is less.

There are 11 sponsors, including lead sponsor Del. Tom Campbell, D-Greenbrier. Introduced Feb. 15. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference:  The Legislature’s Website reference is not available.

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

 

Public Employees Retirement System (PERS)

Bill would reduce the number of days required for temporary legislative employees to qualify for PERS service credit

Senate Bill 633. Proposed revisions to §5-10-14 would reduce the number of days required for temporary employees of the Legislature's Joint Committee on Government and Finance to receive PERS service credit from 55 to 50 days.

Sponsored by Sen. Billy Wayne Bailey, D-Wyoming. Introduced Feb. 11. Referred to the Senate Pensions Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb633%20intr.htm

Out-of-state service credit would be granted to PERS retirees – could not exceed five year’s credit

House Bill 4562. Proposed revisions to §5-10-15b would allow PERS members who were “previously…employed in public employment in any other state…to receive credited service for the time of public employment in that state, not to exceed five years, if the member substantiates by appropriate documentation or evidence his or her public employment in another state and makes contributions as required.

The employee, however, could not receive the credited service if the employee is “vested or entitled to be vested in a retirement system of the state in which the employment credit was earned and the employee is entitled to service credit in that retirement system for the employment period for which the applicant seeks credited service in West Virginia.

Employees entitled to out-of-state service credit “(are to) make additional (PERS) contributions…equal to the actuarial equivalent of the amount which would have been contributed, together with earnings thereon, by the employee and the employer, had the employee been covered during the period of the retroactive service credit.”

There are other provisions. There are six House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Feb. 14. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4562%20intr.htm

 

EDUCATION-RELATED

Child Welfare

Bill relates to ATV regulation

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

There are six Senate sponsors, including lead sponsor Sen. Jeffrey Kessler, D-Marshall. Introduced Feb. 14 (Originated in Transportation and Infrastructure Committee). Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB567%20SUB1.htm

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

Parenting Plan would be included with marriage application

House Bill 4503.  Proposed §48-2-104 would require a parenting plan to be included with an application for a marriage license.
Sponsored by Del. Blair. Introduced Feb. 12. Referred to House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4503%20intr.htm

Bill would permit limitations to be imposed on parenting arrangements, based on false reports of domestic violence or child abuse

House Bill 4535. Proposed revisions to §48-9-209 would stipulate that if a parent has made two or more unsubstantiated or false reports of domestic violence or child abuse, then upon the request of either parent, the court may determine if limitations should be imposed upon allocated responsibilities included in a parenting plan.

Sponsored by Del. Blair. Introduced Feb. 14. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4535%20intr.htm

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

Crimes

Several measures relate to sex offenders

Sex offenders could not loiter within 1,000 feet of school or other similar institutions

House Bill 4483. Proposed revisions to §62-12-26 would prohibit certain sex offenders from loitering within one thousand feet of a school or child care facility, school bus stop, or other child safety zone.

There are five House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced Feb. 11. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4483%20intr.htm

Sex offenders could not reside within 1,000 feet of a school or childcare facility

House Bill 4509. Proposed revisions to §15-12-2 would  prohibit registered sex offenders from residing within 1,000 feet of a “school or childcare facility, nor be in the presence of a minor unless the minor's parent, guardian or other adult consents.

“A person required to register under provisions of this section has an affirmative duty to remove himself or herself from the presence of a minor whose parent, guardian or other adult has not given consent.”

Persons convicted of violating the statute would be guilty of a felony and could face a 2-12 year jail term.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced Feb. 12. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4509%20intr.htm

House Bill 4586 is a similar proposal. In addition to the above provisions, it would require registered sex offenders to be subject to Global Positioning System monitoring for the duration of their lives.

There are eight House sponsors, including lead sponsor Del. Rowan. Introduced Feb. 15. Referred to the House Judiciary Committee. Reference: Legislative Website reference is not available.

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

Also refer to House Bill 4500. It would allow “qualified entities,” including the West Virginia Department of Education,  access to the FBI database through the West Virginia State Police Criminal Records system in addition to information contained in the West Virginia Central Abuse Registry (which includes the West Virginia Sex Offender Registry).

The “qualified entities” could receive the records at a reduced rate.

There are nine House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 12. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4500%20intr.htm

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

Measures relate to stalking

House Bill 4484. The purpose of this legislation, which is the same as Senate Bill 105, is to revise the current criminal offense of stalking to incorporate provisions of the National Center for Victims of Crime’s “Model Stalking Code for the States.”

There are 11 House sponsors, including lead sponsor Del. Webster. Introduced Feb. 11. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4484%20intr.htm

Senate Bill 105 is reviewed extensively in the Jan. 14 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb105%20intr.htm

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

State Lottery would be prohibited from using minors in advertising campaigns during school hours

House Bill 4537. Proposed §29-22-29 would prohibit the use of minors during school time by the state Lottery Commission for lottery advertisements.

There are 11 House sponsors, including lead sponsor Del. Armstead. Introduced Feb. 14. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4537%20intr.htm

 

Governmental Entities

Bills establish West Virginia Religious Freedom Restoration Act

Senate Bill 629. Proposed §5-11B-1 et. seq. would establish the West Virginia Religious Freedom Restoration Act.

“Substantially burden’”
Under terms of the bill, no government entity would be able to substantially burden a person's free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is:

1. Essential to further a compelling governmental interest; and
2. the least restrictive means of furthering that compelling governmental interest. Additionally, the statute would disallow any “government entity to burden any religious belief; or
3. affect, interpret or in any way address those portions of…the (state) Constitution…and the First Amendment to the United States Constitution that prohibit laws respecting the establishment of religion.”

“Granting government funds”
The bill states that “granting government funds, benefits or exemptions, to the extent permissible under (terms of the statute)…(would not) constitute a violation of this section. As used in this subsection, "granting" used with respect to government funding, benefits or exemptions does not include the denial of government funding, benefits or exemptions.”

Declaratory, injunctive relief
Persons who determine their religious exercise has been burdened by government “may assert that violation as a claim of defense in any judicial or administrative proceeding and may obtain declaratory and injunctive relief from a circuit court, but may not obtain monetary damages.”

Persons who prevail in proceedings to enforce provisions of the statute may recover their “reasonable costs and attorney fees.”

Bill provisions are not to be construed as “(preventing) any governmental institution or facility from maintaining health, safety, security or discipline.”

Appeal to state Supreme Court

Circuit court decisions granting declaratory pr injunctive relief could be appealed to the state Supreme Court.

There are nine Senate sponsors,  including lead sponsor Sen. Clark Barnes, R-Randolph. Introduced Feb. 11. Referred to the Senate Judiciary Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb629%20intr.htm

The House companion is House Bill 4571. There are eight House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 14. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4571%20intr.htm

Note: These measures are similar to House Bill 4450 which is reviewed in the Feb. 11 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4450%20intr.htm

West Virginia Alcohol and Drug-Free Workplace Act introduced; applies to public improvement contractors

Senate Bill 657. Proposed §21-1D-1 et. seq. would establish the West Virginia Alcohol and Drug-Free Workplace Act.
Public improvement contractors

The bill relates only to public improvement contractors, requiring them to create and implement a drug-free workplace which would include drug and alcohol testing.

There are two key definitions – “public authority” and “public improvement.”

It would appear the former applies to county boards under terms of the definition “political subdivision…authorized to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia or its political subdivisions…”

In terms of the latter, specific projects “public improvement projects” cited include “all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the (state) or any political subdivision…”

“Safety-sensitive” positions
Random drug-testing would be required, especially for “safety-sensitive” duties.

Contractors would be required to “maintain a written drug-free workplace policy.”

Without the policy, no state funds could be awarded to the contractor, and contractors, in seeking state or political subdivision bids, would have to submit their “written plan for a drug-free workplace policy.”

Policy elements
The policy would have to include the following elements:

1. “ A summary of all the elements of the drug-free workplace policy established in accordance with this article;
2. A statement that it is the contractor's intention to create a drug-free workplace environment;
3. Identification of an employee who has been designated the contractor's drug-free workplace representative;
4. Shall list the types of tests an employee may be subject to, which may include, but are not limited to, the following:
• Pre-employment;
• Post accident;
• Random; and
• Reasonable cause.”

The bill would require at least 10 percent of the contractor’s employees to submit to annual drug-testing if they work in safety-sensitive positions.

Accidents
Employees involved in accidents also would be drug-tested if there is “reasonable cause to suspect that the employee may be intoxicated or under the influence of a controlled substance not prescribed by the employee’s physician…”

These provisions would apply when the employer has “evidence that an employee is or was using alcohol or a controlled substance drawn from specific documented, objective facts and reasonable inferences drawn from these facts in light of experience of training.”

“Reasonable cause”
Drug tests also could conducted when  a supervisor has reasonable cause to believe that an employee has reported to work or working under the influence of a “ drug of abuse” or alcohol.

The measure would require all supervisors to be trained to “recognize drug and alcohol-related signs and symptoms.”

“Laboratory certification standards”

The bill has several other proposed provisions, including laboratory certification and standards, respect of privacy in terms of urine tests, a requirement that a “medical review officer review all drug tests that yield a positive result, dismissal of employees who would “adulterate” a drug or alcohol test, referral or evaluation by a licensed substance abuse professional “who can assist (employees) in seeking treatment if needed,” with contractors paying for the evaluation.

There are numerous other proposed sections dealing with, among other issues, a contractor’s obligation to provide each employee with the company’s substance abuse policy.

Sponsored by Sen. Kessler. Introduced Feb. 13. Referred to the Senate Judiciary Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb657%20intr.htm

House Bill 4548 is the House companion measure. There are 11 House sponsors, including lead sponsor D. Poling. Introduced Feb. 14. Referred to the House Industry and Labor, Economic Development and Small Business Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4548%20intr.htm

Public employers must ensure that “at least 80 percent” of workers on public improvement projects are covered by health insurance

House Bill 4520. Proposed 21-1D-1 et. seq. would require that workers on public improvement projects valued at $1million or more be covered by health care insurance.

There are 11 House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 13. Referred to the House Health and Human Resources Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4520%20intr.htm

This measure is the same as Senate Bill 549 which is reviewed in Issue 8 of The Legislature. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb549%20intr.htm

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

Omnibus bill designed to make several changes in laws regarding the State’ s Ethics Act

House Bill 4524. This 54-page bill would make numerous changes in Ethics Act legislation.

The proposed modifications are listed the sequence in which they appear in the bill.

“Relative”
The bill would further define “relative” to mean:

• “Spouse, mother, father, sister, brother, son, daughter, grandmother, grandfather, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law.”
  
  
• Those who participate in meetings (or adjudicatory sessions) could be “eligible for compensation.”
  
  
• “If a complaint is pending against a public official or public employee who is also a candidate for public office, then the (Ethics Commission) shall stay the processing of the complaint for the (60-day) time period preceding the primary election or general election, or both, unless the candidate waives the stay in writing.
  
  “ If the Commission receives a written waiver of the stay at least (60 days) prior to the election, and if the (Ethics Commission Review Board) has not yet ruled whether probable cause exists to believe there has a been a violation of the Ethics Act, then the Review Board will process the complaint and make a probable cause determination at least thirty days prior to the election; Provided, That, the stay provisions of this subdivision do not apply to complaints which have already been adjudicated by the Commission and are pending on appeal.”

Frequent flyer bonus points

• “Notwithstanding the general prohibition against use of office for private gain, public officials and public employees may use bonus points acquired through participation in frequent traveler programs while traveling on official government business; Provided, that the official's or employee's participation in such program, or acquisition of such points, does not result in additional costs to the government.”

Limited interests in public contracts

• In terms of “limited interests in public contracts,” the bill would clarify that those provisions would be effective if 
  
  
  1. “(the)  interest were not to exceed $1,000 in the profits or benefits of the public contract or contracts in a calendar year;
  
  
  2. "An interest as a creditor of a public employee or official who exercises control over the contract, or a member of his or her immediate family, if the amount is less than ($5,000);
  
  
  3. “If a public official or employee has an interest in the profits or benefits of a contract, then he or she may not make, participate in making, or in any way attempt to use his office or employment to influence a government decision affecting his or her financial or limited financial interest. Public officials shall also comply with the voting rules prescribed in (the statute)…”
     

Vendors

• Employment by regulated persons and vendors. The bill would expand interests in public contracts to vendors.
  
  

As stated in the bill,  “Employment by regulated persons and vendors. -- (1) No full-time official or full-time public employee may seek employment with, be employed by, or seek to purchase, sell or lease real or personal property to or from any person who:



1. “Had a matter on which he or she took, or a subordinate is known to have taken, regulatory action within the preceding twelve months; or
   
   
2. “Has a matter before the agency on which he or she is working or a subordinate is known by him or her to be working.
   
   
3. “Is a vendor to the agency where the official serves or public employee is employed and the official or public employee, or a subordinate of the official or public employee, exercises authority or control over a public contract with such vendor, including but not limited to:
   
   
• “Drafting bid specifications or requests for proposals;
  
  
• recommending selection of the vendor;
  
  
• conducting inspections or investigations,
  
  
• approving the method or manner of payment to the vendor;
  
  
• providing legal or technical guidance on the formation, implementation or execution of the contract; or,
  
  
• taking other nonministerial action which may affect the financial interests of the vendor.”

• Persons adversely affected by the “restriction on the purchase of personal property may make such purchase after seeking and obtaining approval from the Commission or in good faith reliance upon an official guideline promulgated by the Commission, written advisory opinions issued by the Commission, or a Legislative Rule.

Exceptions to personal property purchases

The bill would give the Commission authority to “establish exceptions to the personal property purchase restrictions through the adoption of guidelines, advisory opinions or legislative rule.”

A third provision relating to vendors states that a “full-time public official or full-time public employee may not personally participate in a decision, approval, disapproval, recommendation, rendering advice, investigation, inspection or other substantial exercise of nonministerial administrative discretion involving a vendor with whom he or she is seeking employment or has an agreement concerning future employment.”

Limitations on voting

• Limitations on Voting. The bill has several proposed revisions relating to “limitations on voting.”
  
  They include:

1. “Public officials, excluding Members of the Legislature who are governed by subsection (i) of this section, may not vote on a matter:
   
   
• “In which they, an immediate family member, or a business with which they or an immediate family members is associated have a financial interest. Business with which they are associated means a business of which the person or an immediate family member is a director, officer, owner, employee, compensated agent, or holder of stock which constitute five percent or more of the total outstanding stocks of any class.
  
  
• “If a public official is employed by a financial institution and his or her primary responsibilities include consumer and commercial lending, the public official may not vote on a matter which directly affects the financial interests of a customer of the financial institution if the public official is directly involved in approving a loan request from the person or business appearing before the government body or if the public official has been directly involved in approving a loan for that person or business within the past 12 months: Provided, That, this limitation only applies if the total amount of the loan or loans exceeds ($15,000);
  
  
• “A personnel matter involving the public official's spouse or relative; immediate family members or relatives or business with which they are associated are affected as a member of, and to no greater extent than any other member of a profession, occupation, class of persons or class of businesses. A class shall consist of not fewer than five similarly situated persons or businesses; or
  
  
2. “If the matter affects a publicly traded company when:
   
   
• The public official, or dependent family members individually or jointly own less than five percent of the issued stock in the publicly traded company and the value of the stocks individually or jointly owned is less than ($10,000); and,
  
  
• Prior to casting a vote the public official discloses his or her interest in the publicly traded company.
  
  
• For a public official's recusal to be effective, it is necessary to excuse him or herself from participating in the discussion and decision-making process by physically removing him or herself from the room during the period, fully disclosing his or her interests, and recusing him or herself from voting on the issue.

There are other provisions.

There are six House sponsors, including lead sponsor Del. Webster. Introduced Feb. 13. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4524%20intr.htm

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

Pearl Harbor Day would be legal holiday

House Bill 4580. Proposed revisions to §2-2-1 would make Pearl Harbor Day – December 7 – a legal holiday.

There are seven House sponsors, including lead sponsor Del. Richard Iaquinta, D-Harrison. Reference: Legislature’s Website Bill Reference not available.

http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4537%20intr.htm

 

Briefly...

 

Senate Bill 632 would initiate the Healthy  Lifestyles Restaurant Calorie Posting Program…Senate Bill 643 would create the Public-Private Transportation Facilities Act of 2008. There is a companion House Bill…Senate Bill 644 would prohibit state/county funds to be used to transport persons for “any phase of abortions”…Senate Bill 660 would provide stiffer penalties for persons who dispense controlled drugs such as methamphetamine, especially if the use results in death from injection, inhalation or ingestion of these drugs…Senate Bill 665 would require state employees to receive information relating to their “true compensation,” including payments for health and retirement benefits…Senate Bill 670 would prescribe the bases and rates of taxes for purposes of special district excise taxes. There are numerous provisions. The bill relates to county commissions…Senate Bill 676 would limit liability of county parks, recreation commissions, park boards, etc…Senate Bill 679 would expand the definition of “all-terrain vehicles” (ATVs) to include ATV utility machines…Senate Bill 680 is the governor’s bill relating to the Corporate Net Income Tax and the Business Franchise Tax. Also refer to House Bill 4587…

House Bill 4495 would limit the use of the titles “registered nurse,” “nurse practitioner,” and “nurse”…House Bill 4499 would establish a “Silver Alert Plan” to rapidly disseminate information regarding senior citizens and missing persons having mental impairments…House Bill 4516 would allow state employees with at least five years’ continuous service to be paid for unused sick leave days in excess of 50 days once per year…House Bill 4527 would allow county commissions to regulate subdivisions and land development without adopting a comprehensive plan for such…House Bill 4541 would make the transfer of development rights – applies to county commissions – renewable, making the rights to be transferred for 20 years with a reversion of 20 years…House Bill 4543 would add an additional judge to the ninth judicial circuit (Mercer County)…House Bill 4551 would establish the “Streamlined Sales and Use Tax Agreement and the West Virginia Consumers Sales and Service  Tax and Use Tax…” House Bill 4553 would require the state Auditor to determine whether or not a county has sufficient funding to employ a full-time prosecuting attorney…House Bill 4582 would place a cap on the revenue and levies the Berkeley County Court must pay into the Berkeley County Public Library Fund.

 

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

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

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org

Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

Vincit omnia veritas
“Truth conquers all”