WVSBA The Legislature

February 19, 2007 - Volume 27 / Issue 12

Bill Edition

Bills Introduced Feb.12-Feb. 16, 2007

Feb. 12-16, 2007 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. 12-16, 2007, with Feb. 19 being the 41st  day of the 2007 regular session – and the last day to introduce Senate Bill (except bills originating in committee or fiscal-related bills.) Friday, Feb. 23 is the last day to introduce House Bills (except, again, for bills originating in committee or fiscal bills.)

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

A total ­68 bills/resolutions are reviewed.

Note: As of publication time, the Legislature’s Web site did not provide a direct link to several bills reviewed. These measures are indicated by an “*.”

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

The listing is not exhaustive.

 

PUBLIC EDUCATION

 

Students who attend church schools would be exempt from standardized testing requirements

House Bill 3042. Proposed revisions to §18-8-1 would authorize an exemption from standardized testing for children who are exempt from the state’s compulsory attendance laws because they attend church schools.

According to the Bill Note, “the actual intent of the bill is to provide an exemption for Amish children, but due to constitutional concerns, Amish children are not specifically singled out for the exemption, and other religious groups could also theoretically apply for and be granted the exemption.”

The draft bill cites the U.S. Supreme Court decision of Wisconsin v. Yoder as precedent for the exemption – a case which involved a successful Amish challenge to Wisconsin law providing for compulsory school attendance, according to the Bill Note.

Sponsored by Del. Brady Paxton. Introduced Feb. 13. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3042%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Voter approval would be required prior to closure and consolidation of some schools

House Bill 3052. Proposed §18A-5-13a would require voter approval prior to closure and consolidation of schools Eighth Grade and below when new building construction or the addition of two or more classrooms are involved.

Bill provisions wouldn’t apply to in cases where the closure or consolidation was included in local bond issue approved by voters.

There are four House sponsors, including lead sponsor Del. Tom Campbell, D-Greenbrier. Introduced Feb. 13. Referred to the House Education Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3052%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Boards would be authorized to pay stipend to retiring school service personnel and other “non-teaching” employees

Senate Bill 543. Proposed revisions to §18A-2-2 would authorize county boards to pay up to a $500 stipend to retiring school service personnel employees and “non-teaching” professional employees.

Sponsored by Sen. Joe Minard, D-Marion. Introduced Feb. 12. Referred to the Senate Education Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb543%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

$500 bonus eliminated

Also refer to Senate Bill 599. Under terms of its provisions, the measure would eliminate the existing $500 early notification bonus classroom teachers may receive if they give early notification of pending resignation from employment at the end of the school year so that, according to the Bill Note, only retiring classroom teachers who give early notification are eligible for the bonus.

Sponsored by Sens. Bob Plymale, D-Wayne, and Larry Edgell, D-Wetzel. Introduced Feb. 15. Referred to the Senate Education Committee, then the Senate Finance Committee.

 

Bill would provide teachers a six percent pay increase

Senate Bill 549. Revised §18A-4-1 and §18A-4-2 would provide teachers a six percent pay increase.

Sponsored by Sens. Randy White, D-Webster, and Jon Blair Hunter, D-Monongalia. Introduced Feb. 12. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb549%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would provide cost-of-living increase for teachers; TRS retirees

House Bill 3008. Proposed revisions to §18A-4-2 and proposed §18-7A-26u would provide cost-of-living increases to teachers and to Teachers Retirement System annuitants who are receiving disability annuities. These individuals must have been retired for at least five years. The measure also would apply to TRS members who are at least age 62 and who have been retired for at least five years.

The cost-of-living increases would be equivalent to the percentage increase in the Consumer Price Index published by the U.S. Department of Labor.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced Feb. 12. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3008%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Employee “rest periods” would be required

House Bill 3021. Proposed §21-3-10a would disallow any “employer” to require an employee to “work without a rest period of at least 15 minutes during every four hours worked. (Bill provisions apply to employees who are employed for workdays of six or more hours.)
The bill would not apply to employees covered by the Federal Railway Labor Act.

The rest periods would be “in addition to the regularly scheduled lunch period.

The bill would prohibit employers from reducing employees’ compensation (hourly or salaried employees) for the “lunch and rest breaks” the statute would provide.

Note: The term “employer” is not defined.

There are three House sponsors, including lead sponsor Del. Dale Stephens, D-Cabell. Introduced Feb. 13. Referred to the House Industry and Labor, Economic and Small Development Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3021%20intr.htm

 

Bill would establish Athletic Training Licensure Act of 2007

House Bill 3039. Proposed §30-41-1 et. seq. would establish the “Athletic Training Licensure Act of 2007.”

This bill is the similar to Senate Bill 533 which is reviewed in the Feb. 12 issue of The Legislature.There are five House sponsors, including lead sponsor Del. Bob Ashley, R-Roane. Introduced Feb. 13. Referred to the House Government Organization Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3039%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Several school service personnel bills introduced

House Bill 3045. Proposed revisions to §18A-4-8 would create a new pay grade classification of “Bus Operator II.”

These individuals would include personnel who have worked for at least 20 years service as bus operators.
The individuals would be paid on basis of Pay Grade “E.”

There are five House sponsors, including lead sponsor Del. Kevin Craig, D-Cabell. Introduced Feb. 13. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3045%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

Sanitation plant operator

A related bill, House Bill 3047, would change “sanitation plant operators” Pay Grade from “F” to “G.”

There are three House sponsors, including lead sponsor Del. Mary Poling, D-Barbour. Introduced Feb. 13. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3047%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

$100 per month increase

House Bill 3059 would provide school service personnel a $100 per month salary increase.
Sponsored by Del. Paxton. Introduced Feb. 13. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3059%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

School counselors would be entitled to receive mentor status and mileage reimbursements.

House Bill 3068. Proposed §18A-3-2b would allow school counselors are entitled to receive mentor status and mileage reimbursements.

Sponsored by Dels. Ron Fragale, D-Harrison and Del. M. Poling. Introduced Feb. 14. Referred to the House Education Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3068%20intr.htm

 

Measure concerns athletic “non-educator” athletic coaches

House Bill 3103. Proposed revisions to §18A-3-2a would allow public school “non-educator” athletic coaches or other extracurricular activities coaches to continue to be employed in the same position without the position being posted if they have served in that capacity for three years, received satisfactory evaluations and are college graduates.

If the coach is a high school graduate, he or she would have to have been in the same position for five years for the above provisions to apply.

There are six House sponsors, including lead sponsor Del. Richard J. Iaquinta, D-Harrison. Introduced Feb. 16. Referred to the House Education Committee, then House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3013%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Measure would create 21st Century Strategic Technology Learning Plan

Senate Bill 603. This measure would establish the Tools for 21st Century Schools Technology Initiative.

Under terms of this legislation, a West Virginia 21st Century Strategic Technology Learning Plan is required. (Various stakeholder parties would participate in development of the Plan.)

There are other provisions.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 15. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB603%20SUB1.htm

NOTE: This measure has been adopted by the Senate Education Committee, and will be reviewed in the Feb. 23 issue of The Legislature.

 

Hunter safety course would be required

House Bill 3001. Proposed revisions to §18-2-7d would require all high schools to teach a course in hunter education, the curriculum of which would require instruction in firearm and archery safety.

Every state high school would be required to provide the course which would be offered “with the advice and participation of the Division of Natural Resources,” with the state Board of Education “prescribing” the curricular components.

There are 11 House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced Feb. 12. Referred to the House Agriculture and Natural Resources Committee, then the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3001%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

High schools would be required to teach “fetal development”

*House Bill 3107. Proposed §18-2-7d would require the WVBE, with the advice of the State Superintendent of Schools, to “prescribe a curriculum to teach fetal development.”

Every West Virginia high school health class would include the “(fetal development) course of study for its students.”

The bill has a proviso saying its provisions are not to be “construed or interpreted to endorse, allow, permit or approve of abortion.”

Sponsored by Del. Carol Miller, R-Cabell, and Troy Andes, R-Putnam. Introduced Feb. 16. Referred to the House Education Committee, then House Finance Committee. Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Fees would be waived for students completing health sciences and technology academy affiliated programs.

Senate Bill 628. Proposed 18B-10-4b would require state institutions of higher education to waive all fees for resident students who successfully complete the health sciences and technology academy-affiliated programs.

Sponsored by Sen. Shirley Love, D-Fayette. Introduced Feb. 16. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb628%20intr.htm

 

Bill relates to Eastern West Virginia Community and Technical College

Senate Bill 604. The purpose of this multi-page legislation is to make West Virginia Community and Technical College a fully-integrated branch campus of Blue Ridge Community and Technical College.

The resulting institution would be known as the Potomac Highlands Campus.

Sponsored by Sens. Plymale and Edgell. Introduced Feb. 15. Referred to the Senate Education Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb604%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

License plate would be provided for Mountain State University

House Bill 3013. Revised 17A-3-14 would provide for special license plates relating to the Beckley-based Mountain State University.

There are three House sponsors, including lead sponsor Del. Linda Sumner, R-Raleigh. Introduced Feb. 13. Referred to the House Roads and Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3013%20intr.htm

Note: This bill is similar to Senate Bills 128 and 551.



Measure relates to classified employees’ overtime and holiday pay

House Bill 3026. Proposed 18B-7-13 would establish overtime and holiday pay standards for classified employees.

Saturday/Sunday work

Under terms of the legislation, a classified employee whose regular workweek is Monday-Friday and who agrees to “perform any work assignment on a Saturday or Sunday” would be paid at least “one half-day of work for each day he or she reports for work.”

If the classified employee were to work more than three and one-half hours on a Saturday/Sunday, he or she would be paid for a “full day of work.”

Holiday work

Classified employees required to work on legal holidays would be paid at a rate of one-half times the employee’s hourly rate of pay.

If an employee were to be required to work in excess of a normal working day during a week containing a legal holiday, he or she “shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times the employee’s hourly wage rate.”

There are 11 House sponsors, including lead sponsor Del. M. Poling. Introduced Feb. 13. Referred to the House Judiciary Committee, then House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3026%20intr.htm

 

National Guard members pursing Master’s Degree would get higher education waivers

House Bill 3076. Under terms of this legislation, which would amend §15-1B-21 National Guard members who pursue Master’s Degrees would be entitled to receive payment of tuition and fees.

There are seven House sponsors, including lead sponsor Del. William G. Hartman, D-Randolph. Introduced Feb. 15. Referred to the House Education Committee, then House Finance Committee.

*A related bill, House Bill 3082, would provide persons less than age 20 to receive tuition and fee waivers at public higher education institutions if the person is the child of an individual who “was murdered by his or her spouse or other person in a domestic violence relationship.”

The bill would amend §18B-10-7.

Sponsored by Del. Mitch Carmichael, R-Jackson. Introduced Feb. 15. Referred to the House Education Committee, then House Finance Committee.

This measure is the same as Senate Bill 487.

 

Measure relates to prepaid tuition and savings plans

*House Bill 3098. Proposed revisions to §18-30-2 and §18-30-9 would provide a tax deduction for all prepaid tuition contracts or college savings plans regardless of whether or not they are administered by the Board of the College Prepaid Tuition and Savings Program.

Sponsored by Dels. Ron Walters, R-Kanawha, and Tom Azinger, R-Wood. Introduced Feb. 16. Referred to the House Education Committee, then House Finance Committee.

 

 

Bill would provide annuity options for TRS members

Senate Bill 586. Proposed §18-7A-28f would allow TRS members to receive their annuities as “straight life” annuities payable throughout their lives, or the members would be able to receive the “actuarial equivalent” of his or her straight life annuity throughout his or her life.

In terms of the former provision, the TRS member could nominate a beneficiary, with the reduced annuity to be “continued throughout the life of and paid to the beneficiary having an interest in the retirant’s life…”

This would be known as “Option A.”

Under terms of “Option B,” one-half of the retirant’s reduced annuity is to be continued throughout the life of and paid to the beneficiary.

Upon the death of a spouse, a retirant would be able to elect “any of the retirement options offered (above) in an amount adjusted on a fair basis to be of equal actuarial value as the annuity prospectively in effect relative to the surviving member at the time the new option is elected.”

Divorce


In terms of divorce, a TRS member would be able to change any previously chosen benefit options unless there were a domestic relations order in effect which would “restrict such an election…”

If remarrying, the TRS member may name his or her new spouse as an annuitant unless a domestic relations order is in effect.

There are other provisions.

Sponsored by Sen. Minard. Introduced Feb. 14. Referred to the Senate Pensions Committee, then Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb586%20intr.htm

 

 

Names of employers in default would be disclosed

Senate Bill 608. Proposed revisions to §21A-10-11 would allow the Bureau of Employment programs to disclose the names of employers who have defaulted on their unemployment premiums and the amounts of the defaults.

Sponsored by Sen. Kessler. Introduced Feb. 15. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb608%20intr.htm

 

 

Measure relates to parental notification requirements for unemancipated minors seeking abortions

Senate Bill 544. Under terms of this extensive bill, which would amend several sections of existing Code and adding proposed §16-2F-8a, physicians would be required to obtain proof of age prior to performing an abortion.

Several sections relate to “constructive notice” to parents of minors.

Other sections relate to maintaining records in the minor’s medical file.

There is a provision for collection of fetal tissue in instances where the minor alleges sexual assault, submitting the tissue to the state Police Child Abuse and Neglect Investigation Unit for investigation.

Physicians who fail to comply with the bill’s provisions would be considered to have engaged in “unprofessional conduct.”

Final bill provisions include extensive reportage requirements.

There are 15 Senate sponsors, including lead sponsor Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 12. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb544%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill would make it illegal to transport minor across state lines to receive an abortion

Senate Bill 575. Under terms of proposed §61-2-8a it would be a crime to transport a minor across state lines in order for the minor to obtain an abortion except upon the “written consent of both parents or the legal guardians of the minor…”

Those convicted of violating the proposed statute would be guilty of a misdemeanor and could be fined from $500 to $1,000 and could receive a six month jail sentence or both.

Sponsored by Sen. Love. Introduced Feb. 14. Referred to the Senate Health and Human Resources Committee, then the Senate Judiciary Committee,

The House companion measure is House Bill 3108. There are five House sponsors, including lead sponsor Del. Kelli Soboyna, R-Cabell. Introduced Feb. 16. Referred to the House Health and Human Resources Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb575%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Bill would make extensive revisions in child support enforcement statutes

Senate Bill 570. Under terms of this 38-page bill, numerous changes would be made in state child enforcement statutes, including a provision which would establish strengthened remedies against employers who fail to comply with child support statutes.

The measure would allow the Bureau of Child Support Enforcement to assess a civil penalty of up to $500 per occurrence for any “person, corporation, financial institution, labor organization or state agency” in order to ensure that state agencies comply with withholding requirements for child support, with the BCSE being responsible for filing action in circuit court to enforce the assessed penalty.

The courts could award the Bureau a judgment for the amount of the civil penalty or “such other reasonable amount as the court shall deem appropriate.”

Review child support formula

Another bill provision requires the Commissioner of the Department of Health and Human Resources to conduct a federally-required review of West Virginia’s “child support formula every four years,” reporting findings to the Legislature’s Joint Committee on Government and Finance.

There are other extensive revisions relating to paternity, income considerations for child support, statutes of limitation for child support, a determination that prescription pharmaceuticals would be included as medical support in terms of child support considerations, etc.

Sponsored by Sen. Prezioso. Introduced Feb. 14. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb575%20intr.htm

Liens

Another child support bill, House Bill 3025, would allow liens upon proceeds of Workers Compensation awards for child support obligors.

There are 11 House sponsors, including lead sponsor Del. Locke Wysong, D-Jefferson. Introduced Feb. 13. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3025%20intr.htm

 

Insurance company ‘cooperation’

House Bill 3062 would require cooperation with insurance companies and child support enforcement agencies in order for states to intercept proceeds of insurance claims, and it provides for filing of liens or income withholding orders against a child support obligor’s  future insurance claim settlement.

The bill would define income, for child support purposes, as including moneys derived as a result of self-employment, or from interest on dividends and investments, as well ass judgments and settlements, awards from arbitration or other alternative dispute resolution agreements or orders.

There are several other extensive provisions.

There are nine House sponsors, including lead sponsor Del. M. Poling. Introduced Feb. 14. Referred to the House Judiciary Committee,  http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3062%20intr.htm

 

Some preschool programs would be exempt from day care licensure

Senate Bill 614. Proposed revisions to §49-2B-3 would exempt preschools offering sessions no longer than six hours in duration from day care center licensure.

Sponsored by Sens. Dan Foster and Brooks McCabe, both D-Kanawha. Introduced Feb. 16. Referred to the Senate Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb614%20intr.htm

 

Measures relate to sexual abuse, child abuse allegations

Senate Bill 623. Under terms of this legislation, which would amend §48-9-209, if a parent were to make two or more unsubstantiated or false reports of domestic violence or child abuse, the courts could determine if limitations should be placed upon a parent under terms of mandated parenting plans.

Sponsored by Sen. Jeffrey Kessler, D-Marshall. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb623%20intr.htm

*House Bill 3075 would provide a criminal offense for making false reports of child abuse, sexual abuse or domestic violence.

Those convicted of violating the law would face community service or a fine of $1,000 (or both as the court may determine).

Persons convicted of violating the law also would be required to attend a parenting class conducted by a “court-approved agency.”

If a person were found guilty of violating the law, he or she would be responsible to the person falsely accused for attorney fees, court costs and lost income “incurred as a result of the false report.”

There are 10 House sponsors, including lead sponsor Del. Eldridge. Introduced Feb. 14. Referred to the House Judiciary Committee.

*House Bill 3110 would establish a 30-day jail sentence and a fine of up to $1,000, or both, for persons who fail to report child abuse.

There are seven House sponsors, including lead sponsor Del. Soboyna. Introduced Feb. 16. Referred to the House Judiciary Committee. Similar proposals have been introduced/considered in previous legislative sessions.

 

Bills concern Child Advocacy Centers

Senate Bill 626. Proposed revisions to §49-1-3, -4, and §49-5D-2, -3 would define child advocacy centers and services they could provide in terms of child abuse and neglect cases.

One bill provision would require a “multidisciplinary team approach to child abuse and neglect allegations which shall include representation from law enforcement, Child Protective Services, the county prosecuting attorney, mental health professionals, medical professionals, victim’s advocacy groups and the child advocacy center.”

(The teams currently don’t include representatives of child advocacy centers.)

There are several other sections, including proposed revisions relating to reportage.

Definition

A child advocacy center would be defined as a “community-based organization that is a member in good standing with the West Virginia Child Advocacy Network, Inc…”

These centers, among other duties, are responsible for providing “a child appropriate and child friendly facility that is comfortable, private and child-friendly and both physically and psychologically safe for clients…”

The centers are responsible for providing social services in regard to cases of child abuse and neglect.

There are several other provisions included in the 21-page bill.

There are three Senate sponsors, including lead sponsor Sen. Dan Caruth, R-Mercer. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb626%20intr.htm

The House companion measure is House Bill 3070. There are three House sponsors, including Del. Virginia Mahan, D-Summers. Introduced Feb. 14. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3070%20intr.htm

Related measure

House Bill 3009 is a related bill. It would permit child advocacy centers to assist the Department of Health and Human Resources in facilitating multidisciplinary treatment team meetings as well as prosecutors in facilitating multidisciplinary investigative team meetings.

There are 11 House sponsors, including lead sponsor Del. Barbara A. Fleischauer, D-Monongalia. Introduced Feb. 12. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3009%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

‘Temporary custody’

*A final measure, House Bill 3102, would allow the Department of Health and Human Resources to take temporary protective custody of a child suspected to be the victim of child abuse and neglect in order to safely conduct a multidisciplinary team investigation of the matter when the parents or guardians are suspected to be uncooperative.

Sponsored by Del. Joe Talbott, D-Webster. Introduced Feb. 16. Referred to the House Judiciary Committee. Similar proposals have been introduced/considered in previous legislative sessions.

 

Penalty would be provided for teenagers who misuse cell phones while driving

House Bill  3002. Under terms of this bill, which would amend §17B-2-3a, a teenager who misuses a cellular phone while driving could be fined $25 (first offense), $50 for a second offense, and $75 for third and consecutive offenses.

There are six House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 12. Referred to the House Roads and Transportation Committee, then the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3002%20intr.htm

 

Bill would increase number of family court judges

House Bill 3106 would increase from 35 to 45 the number of family court judges.       
There are other provisions.

The measure would amend §51-2A-3, -5.

There are 11 House sponsors, including lead sponsor Del. Webster. Introduced Feb. 16. Referred to the House Judiciary Committee, then the House Finance Committee, Similar proposals have been introduced/considered in previous legislative sessions

 

 

Bill provisions would increase distance beer licensee’s establishment would have to be from schools and other facilities

Senate Bill 545. Proposed revisions to §11-16-8, §29B-22B-1202, §60-3A-16, and §60-3A-10 would increase the distance that a beer licensee must be located from a school or church from 300 to 1,000 feet and includes public playgrounds and daycare facilities as locations requiring a 1,000 foot distance for a beer licensee business and to provide that a limited video lottery retailer licensee, a retail liquor licensee, and a private club licensee may not be located within 1,000 feet of a public playground, daycare facility, school or church.

Sponsored by Sen. Hunter. Introduced Feb. 12. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb545%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Criminal offense would be established for employers who facilitate intrastate employment who are guilty of sexual offense with minor

Senate Bill 566. Proposed §61-8-29 would establish a criminal offense for employers who facilitate employment of any employee to other intrastate employment when such employee is known by the employer to have had sexual relations with an individual under age 18.

Proposed language

The proposed language reads:

“Whoever, being an employer within this state, directs, causes, persuades, induces, or entices the travel intrastate of an employee with the purpose or effect of facilitating the employment of such employee with another employer, if the employer knows that such employee engaged in sexual conduct with an individual who was under the age of (18) at the time of such sexual conduct, shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $500 nor more than $3,000, or confined in a correctional facility not more than five years, or both fined and confined.

“For purposes of this section, the term "sexual conduct" means: (1) Any conduct which would constitute a felony offense against a minor under (provisions of current law)…” which occurred during the course of employment.

Sponsored by Sen. Vic Sprouse, R-Kanawha. Introduced Feb. 13. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb566%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Measure relates to “Pecuniary Interest” statute

Senate Bill 577. Proposed revisions to §61-10-15 would amend the “Pecuniary Interest” statute so that the provisions of §61-10-15(a) wouldn’t apply to “any person who has a pecuniary interest in a public utility which is subject to regulation by the Public Service Commission of this state.”

Current law

The current §61-10-15(a) reads:

“It is unlawful for any member of a county commission, overseer of the poor, district school officer, secretary of a board of education, supervisor or superintendent, principal or teacher of public schools or any member of any other county or district board or any county or district officer to be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract or service or in the furnishing of any supplies in the contract for or the awarding or letting of a contract if, as a member, officer, secretary, supervisor, superintendent, principal or teacher, he or she may have any voice, influence or control: “

“Provided, That nothing in this section prevents or makes unlawful the employment of the spouse of a member, officer, secretary, supervisor, superintendent, principal or teacher as a principal or teacher or auxiliary or service employee in the public schools of any county or prevents or makes unlawful the employment by any joint county and circuit clerk of his or her spouse.”

Sponsored by Sen. Kessler. Introduced Feb. 14. Referred to the Senate Education Committee, then Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb577%20intr.htm

Related House bill

House Bill 3094 is a related bill.

It includes the above provision but also includes the following language:

“(A public official) has a pecuniary interest as a vendor or supplier in a contract which would result in excessive cost, undue hardship, or other substantial interference with the operation of a governmental body or agency, the affected governmental body or agency may make written application to the West Virginia Ethics Commission for an exemption from that section (§61-10-15(a).”

According to both Bill Notes, the legislation would bring state statutes into conformity with the Dials v. Blair case decided by the state Supreme Court of Appeals in 1959.

There are 11 House sponsors, including lead sponsor Del. Webster. Introduced Feb. 15. Referred to the House Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3094%20intr.htm. Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Bill concerns campaign contributions; Provisions relating to LLC contributions

Senate Bill 605. Although this measure specifically does not “apply” to county board elections – mostly applicable to partisan campaigns – it has a provision stating that LLC “…making a contribution…shall provide the names and information required by this article for the managers or managing members of the limited liability company when making a contribution. “

“A contribution by a limited liability company is a contribution by its managers or managing members.

“Owners, managing members and managers of limited liability companies, dual partnerships, and sole proprietorships may not exceed the contribution limitations within (the statute).”

The bill has existing language relating to fines for violating its provisions.

There are several other sections.

Sponsored by Sen. Kessler. Introduced Feb. 15. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb605%20intr.htm



Absentee ballots could be via electronic mail

Senate Bill 606. Proposed revisions  to §3-3-5 would allow for distribution of applications for absentee ballots via electronic mail and submission of ballots by uniformed service personnel stationed overseas.

Sponsored by Sen. Kessler. Introduced Feb. 15. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb606%20intr.htm

 

Measure relates to voting equipment

Senate Bill 610. Under terms of this proposed legislation, each county would be requied to develop a policy for securing electronic voting equipment.

The measure also would require the state's voting machine vendor to provide an annual report of any difficulties with machines in or out of state.

There are several other provisions, including a requirement to test a “pre-audited” group of ballots.

A final bill provision relates to voter recount and would amend current law so that the term “qualified individual,” in regard to proposed recounts, would “…mean a person who is a candidate for office on the ballot or a voter affected by an issue, other than an individual's candidacy, on the ballot.”

Sponsored by Sen. Kessler. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb610%20intr.htm

 

Write-in candidates’ certificates of announcement filing would be required earlier

Senate Bill 618. Proposed revisions to §3-6-4a would require the certificate of announcement for write-in candidates to be filed within 42 rather than 21 days before the election.

Sponsored by Sen. Kessler. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb618%20intr.htm

 

Measure relates to handicapped voters; consolidation of voting districts

Senate Bill 619.  Although primarily relating to voting procedures for handicapped voters, this bill has a proposed revision that would, upon combination of adjoining voter precincts, “publish its order combining the precincts in the same manner as an order of consolidation…and cause its order to be published with each sample ballot publication required by (current law).”

Sponsored by Sen. Kessler. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb619%20intr.htm

 

Bill relates to nonpartisan election of state Supreme Court Justices; circuit judges

Senate Bill 624. This bill would require election of all justices to the West Virginia Supreme Court of Appeals and all circuit court judges on a nonpartisan basis.

This measure is the same as House Bill 2950 which was introduced Feb. 8.

Sponsored by Sen. McCabe. Introduced Feb. 16. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb624%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

Bill relates to wireless infrastructure in the state

House Bill 3007. This measure would establish the wireless infrastructure council to ensure that needed wireless infrastructure is in place within this state.

Accordingly, the bill would authorize state agencies, institutions and departments which hold real property owned by the state to enter into long term leases with eligible wireless entities for the construction, placement and operation of wireless infrastructure.

It would create a revolving loan fund to provide financial assistance for the construction of wireless infrastructure in underserved rural areas of this state.

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

This measure is the same as Senate Bill 517 which was reviewed in the issue of The Legislature.

There are four House sponsors, including lead sponsor Del. Margaret Anne Staggers, D-Fayette. Introduced Feb. 12. Referred to the House Industry and Labor, Economic Development and Small Business Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3007%20intr.htm

 

Public School Employment Relations Act Introduced

House Bill 3010. This measure is essentially a collective bargaining bill for public school employees as the Bill Title denotes.

The bill’s provisions would require county boards, multicounty vocational centers, public institutions of higher education and the state Board of Education, as “employers,” to bargain with employees.

Most of the bill is similar to House Bill 2433 which was reviewed in the Jan. 29 issue of The Legislature.

The new article would be known as the “Public School Employment Relations Act.”

Arbitration, mediation, collective bargaining

The bill features binding arbitration, mediation, and a state Public School Employment Relations Board to facilitate bargaining – one of whose members would represent public school “employers.”

There are extensive sections relating to the Board’s duties, including appointment – by the governor -, meetings, powers and duties.

In terms of the latter, the Board would be required to “hold hearings and make inquiries necessary to carry out its functions and duties and may conduct studies on problems pertaining to employee-employer relations, including methods by which labor management cooperation may be improved.”

Additionally, “the board shall request from public employers and labor organizations the information and data necessary to carry out its functions and duties.”

Subpoenas

“The Board also could issue subpoenas requiring, upon reasonable notice, the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents relating to any matter at issue.

Public school employers would be required to “…negotiate over any matter with respect to wages, hours and terms and conditions of employment and other issues agreed to by the parties,” with a written contract to incorporate bargained agreements.

Bargaining items

Public school employers would not be required to bargain over matters of inherent managerial policy, which shall include the following:
  1. The establishment of the functions and programs of the public school employer;
  2. Standards for services provided by the public school employer;
  3. Organizational structure of the public school employer;
  4. The preparation and administration of the public school employer's budget:
Strikes prohibited


Strikes would be prohibited. If a strike were to occur, however, the public employer could seek an injunction from the circuit court to stop the strike.

There are numerous other provisions.

There are seven House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Feb. 12. Referred to the House Education Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3010%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Insurance companies would have to cover treatment of autism spectrum disorder

*House Bill 3086. Under terms of this bill, health insurers would have to provide full coverage for the prevention, diagnosis and treatment of autism spectrum disorder.

There are four House sponsors, including lead sponsor Del. Jeff Tansill, R-Taylor. Introduced Feb. 15. Referred to the House Banking and Insurance Committee, then House Judiciary Committee.

 

 

Bill relates to permanency plan for juveniles

Senate Bill 557. Proposed amendments to §49-5-21, §49-6-5a, and §49-6-8 would require the courts to enter an order stating whether or not the Department of Health and Human Resources made reasonable efforts to finalize a permanency plan for a child.

According to the Bill Note, “timely filing” of this order will make the state eligible for federal dollars.

There are 11 Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Feb. 12. Referred to the Senate Judiciary Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb557%20intr.htm

 

Measure relates to Juvenile detention center employees’ Civil Service coverage

Senate Bill 580. Proposed revisions to §49-5E-5a would clarify that certain employees of the Division of Juvenile Services are not covered by the Civil Service System.

The affected employees are employed by juvenile detention and corrections facilities, according to the bill.

There are four Senate sponsors, including lead sponsor Sen. Love. Introduced Feb. 14. Referred to the Senate Government Organization Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb580%20intr.htm

*The House companion measure is House Bill 3080. There are three House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Feb. 15. Referred to the House Judiciary Committee.

 

Bill relates to Government Employees’ Deferred Compensation Plan

Senate Bill 564. This bill would authorize automatic enrollment in the deferred compensation program, allowing for the creation of a matching program for a period of five years of up to 25 percent of employee contributions in an amount not to exceed $100 per year and $400 over the life of the matching program.

It would authorize the transfer of $3 million by June 1, 2007, and $1 million by June 1, 2008, from the state’s Unclaimed Property Trust Fund to the created Deferred Compensation Matching Fund.

Based on this transfer, the bill would allow for an exemption of up to $2,000 of benefit funds withdrawn each year from these deferred compensation accounts for West Virginia personal income tax purposes.

There are three Senate sponsors, including lead sponsor Sen. Erik Wells, D-Kanawha. Introduced Feb. 13. Referred to the Senate Pensions Committee, then the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb564%20intr.htm

*The House companion measure is House Bill 3097. Sponsored by Dels. Clif Moore, D-McDowell, and Craig. Introduced Feb. 16. Referred to the House Finance Committee.

 

Bill would provide incremental salary increases

Senate Bill 578. Proposed revisions to §5-5-2 would increase the amount of annual and incremental salary increases for eligible public employees from $50 to $100, and would reduce the service minimum requirement to receive increment pay from three years to one year.

There are 21 Senate sponsors, including lead sponsor Sen. Hunter. Introduced Feb. 14. Referred to the Senate Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb578%20intr.htm

The House companion measure is House Bill 2995. There are 11 House sponsors, including lead sponsor Del. Caputo. Introduced Feb. Referred to the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2995%20intr.htm

 

 

Real property

Bill places cap on valuations

House Bill 3000. Proposed revisions to §11-1C-9 would provide a 10 percent cap on any increase in assessment in any one year.

There are eight House sponsors, including lead sponsor Del. Walter Duke, R-Berkeley. Introduced Feb. 12. Referred to the House Judiciary Committee, then the House Finance Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb3000%20intr.htm Similar proposals have been introduced/considered in previous legislative sessions.

 

 

Bill relates to restricting minors’ access to tobacco products

Senate Bill 602. The purpose of this legislation is to impose additional restrictions designed to prohibit minors from having physical access to tobacco products by prohibiting purchases on behalf of minors, prohibiting use of false identification documents, requiring posting of notices directed to minors, and prohibiting out of package sales of cigarettes.

No ‘false’ IDs

One proposed bill provision says:

“No person under the age (18) years may present or offer to another individual a driver's license or an identification card issued by this state or another state of the United States, a passport or a United States armed services identification card which is false, fraudulent or not actually his or her own proof of age for the purpose of attempting to purchase, possess, or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco or tobacco product.”

The bill imposes misdemeanor penalties for violations.

There are eight Senate sponsors, including lead sponsor Sen. Billy Wayne Bailey, D-Wyoming. Introduced Feb. 15. Referred to the Senate Health and Human Resources Committee, http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb602%20intr.htm

*The House companion bill is House Bill 3075. There are 11 House sponsors, including lead sponsor Del. Larry Kominar, D-Mingo. Introduced Feb. 15. Referred to the House Judiciary Committee. Similar proposals have been introduced/considered in previous legislative sessions.

 

Tobacco products would have to list 10 main ingredients

*House Bill 3079. Proposed §16-9A-6 would prohibit the sale of a tobacco product in West Virginia if the label does not contain a listing of the first 10 main ingredients in the tobacco product.

Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Feb. 15. Referred to the House Judiciary Committee.  

 

 

Senate Bill 565 would require corporations receiving funds from the state to provide, upon request of any citizen, the names of the members of their governing organization…Senate Bill 615 would authorize a municipality that owns and operates an electrical power system to enter into contracts with other parties to purchase electric power and energy. The House companion bill is House Bill 3091…Senate Bill 627 provides a procedure in which to use to fill a vacancy on a county commission when commissioners cannot agree on a person to fill the vacancy…

House Bill 3007 would extend wireless infrastructure within the state…House Bill 3031 would impose a one-time tax on land-holdings in excess of 1,000 acres…House Bill 3036 would modify the Hampshire County Commission to create a county tribunal comprised of one voting member from each Hampshire County voting district…House Bill 3038 would authorize the National Coal Heritage Area Authority to assist in the cultural, historical, recreationa, and economic development of Coalwood Way and related sites in the Big Creek District of McDowell County…House Bill 3044 would establish the Public-Private Transportation Facilities Act of 2007…House Bill 3048 would provide tax credits for high technology manufacturers…House Bill 3049 would authorize Class III and Class IV cities to participate in tax increment financing on a limited basis…

House Bill 3060 would provide a 10 percent reduction in fees for state and county employees attending state parks…House Bill 3063 would enable state, county and municipal law-enforcement agencies to use their investigative powers to thwart terrorism plots by defining and criminalizing the commission, financing and furthering of any conspiracy to commit terrorist acts…House Bill 3072 would, among other things, authorize costs incurred by levying bodies in collecting delinquent taxes to be shared by all levying bodies…

House Bill 4081 would limit the inspection charge for inspections at non-commercial inflatable amusement rides to $25.

 

 

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

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

Kim Cooper (Raleigh), President
dukecoop77@yahoo.com

Jean Westfall (Ritchie County), Chairman
WVSBA Committee on Communications*
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hocull@wvsba.org

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