February 22, 2010 - Volume 30 / Issue 12
Feb. 15-19, 2010 Session Bills Reviewed
By Howard M. O’Cull, Ed.D.,
West Virginia School Boards Association Executive Director
Listed below are West Virginia Senate and House of Delegates bills introduced Feb. 15-19, 2010.
Today is the last day to introduce bills in the Senate and the House. (This provision does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.)
Bills are listed topically, beginning with public education bills. A series of education-related bills follow. Lastly, some measures are cited briefly. Senate bills are listed first.
A total of 48 bills are reviewed.
For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org
Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us
Editor’s Note: Listing is not exhaustive.
PUBLIC EDUCATION
County boards
“Public record” would be redefined as pertaining to state’s Freedom of Information Act (FOIA)
House Bill 4500. Proposed revisions to §29B-1-2 would redefine the term "public record" as it is used in the Freedom of Information Act.
“Public record,” as defined currently, includes any writing containing information “relating to the conduct of the public’s business prepared, owned and retained by a public body.”
The proposed definition would read: “’Public record’ includes any writing containing information prepared or received by a public body, the content or context of which, judged either by its content or context relates to the conduct of the public's business.”
There are 11 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 15. Referred to House Judiciary.
Reference:http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4500 intr.htm&yr=2010&sesstype=RS&i=4500
Public school employees
County boards would be authorized to receive county board central office administrative services from RESAs or “other county boards”
Senate Bill 608. Proposed revisions to §18A-4-8d would encourage and authorize county boards of education to obtain central office administrator services by agreement with Regional Education Service Agencies (RESAs) or other county boards.
In order to facilitate such, county boards would be required to consider a detailed written study of the feasibility of this type agreement and determine whether to obtain needed administrative services through such an agreement before posting notice of vacancy in a regular central office administrator position other than the position of superintendent.
These are among bill provisions:
“Before posting notice of vacancy in a regular central office administrator position of employment other than the position of superintendent, the county board shall determine whether to obtain the needed administrative services by agreement with the (RESA) for that county, or by a sharing agreement with another county board or boards. In making the determination, the county board shall consider a detailed written study of the feasibility of those agreements, to be prepared by the county superintendent. The county board's determination shall be in writing and contain supporting reasons. The determination and feasibility report shall be submitted to the State Superintendent.
Vacancy
“If the board determines to post notice of the vacancy and not to obtain the needed services by agreement with the (RESA) or another county board or boards, the submission to the State Superintendent shall be made at least five working days before the notice of vacancy is posted. If, within five working days of the submission, the State Superintendent finds that the county board's determination is arbitrary and capricious under standards promulgated by the state board, the State Superintendent shall notify the county board of his or her finding and the county board shall not post the notice of vacancy without again making the determination required (above) in which case the provisions of this subsection apply.
Deadlines
“Any deadline…for posting notice of vacancy in a central office position shall be extended until the county board is permitted by this section to post the notice of vacancy.
Rules
“The state board shall promulgate a rule to implement the provisions of this section. The rule shall:
- Identify by title or function the central office administrator positions of employment that cannot be filled by posting except in accordance with this section;
- Specify matters to be considered and addressed by the county superintendent's feasibility study;
- Establish the standards to be used by the State Superintendent in determining whether the county board's determination to post a notice of vacancy is arbitrary or capricious; and
- Require that the state and school district report cards report the extent to which central office administrator services are provided by agreements with regional education service agencies or by sharing agreements between county boards.
There are other provisions.
Sponsored by Sen. Robert Plymale, D-Wayne. Introduced Feb. 18. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB608 intr.htm&yr=2010&sesstype=RS&i=608
NOTE: This is the proposed legislation cited at the W. Va. School Board Association’s Winter Conference Feb. 20, 2010, in Charleston. The measure was drafted on behalf of WVSBA. (Alternate language exists in a measure having been introduced in the House of Delegates by Delegate Tom Campbell, D-Greenbrier – House Bill 2017, a Carryover Bill from the 2009 regular session.)
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB608 intr.htm&yr=2010&sesstype=RS&i=608
Similar proposals have been introduced/considered in a past legislative session or sessions
Teachers’ differential pay incentives proposed
Senate Bill 625. Proposed revisions to §18A-4-5a would give teachers a pay raise if they are hired in a documented area of shortage and/or high- poverty, high-minority area.
Sponsored by Sen. Plymale. Introduced Feb. 19. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB625 intr.htm&yr=2010&sesstype=RS&i=625
Similar proposals have been introduced/considered in a past legislative session or sessions
Measure relates to eligibility to teach in public schools for non-U.S. citizens
Senate Bill 626. This measure is the same as House Bill 4380 which was reviewed in the Feb.8 issue of The Legislature.
Sponsored by Sen. Plymale. Introduced Feb. 19. Referred to Senate Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB626 intr.htm&yr=2010&sesstype=RS&i=626
Measure relates to revising certification testing requirements for bus operators
House Bill 4512. Proposed revisions to §18A-4-8, §18A-4-8a and §18A-4-8e would require “… school bus operators with regular employee status and continuing contract status (to) take the (school bus operator) certification test triennially…(school bus operators with regular employee status would not be required) to take the recertification test more frequently. The certification test for substitute bus operators and for school bus operators with regular employee status but on a probationary contract shall be administered annually.”
The bill also has a provision which would set the “minimum pay for service personnel engaged in the training of bus operators for certification (at an) hourly rate equal to (one-seventh) of the employee's daily rate of pay.”
Supervisor of transportation
The measure also includes revisions to the definition of “Supervisor of Transportation.” Under the proposed changes, “Supervisor of transportation" means a qualified person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses and other mechanical and mobile equipment used by the county school system.
Five years experience
“After July 1, 2010, all persons employed for the first time in a position with this classification title or in a multiclassification position that includes this title must have five years of experience working in the transportation department of a county board of education. Experience working in the transportation department shall consist of serving as a bus operator, bus aide, assistant mechanic, mechanic, chief mechanic, in a clerical position within the transportation department or in a position exercising supervisory control of transportation employees.”
There are five House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Feb. 16. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4512 intr.htm&yr=2010&sesstype=RS&i=4512
Similar proposals have been introduced/considered in a past legislative session or sessions
Teachers would be reimbursed for ‘National Board’ recertification fees
House Bill 4543. Under terms of this legislation, teachers would be reimbursed for the “amount paid for recertification with the National Board for Professional Teaching Standards…once the teacher has been recertified by the (NBPTS) Board.”
Sponsored by Del. Harold Michael, D-Hardy. Introduced Feb. 18. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4543 intr.htm&yr=2010&sesstype=RS&i=4543
Public School Support Program (PSSP)
Measure designed to ‘reform’ state’s PSSP; several provisions, including proposal relating to ‘capacity-building’
House Bill 4579. The purpose of this bill is to ‘reform’ the state’s Public School Support Program (PSSP) by providing county boards more discretionary “local share” dollars over a two-year period by setting the state’s “local share” amount at 70 percent beginning in FY12.
These funds, however, would be required to be used to “…improve the salaries of classroom teachers and service personnel employed by the county board. These funds shall be distributed (70) percent to increase the salaries of classroom teachers and (30) percent to increase the salaries of service personnel.”
The bill also would fund PSSP “Step VII” at $50 million.
‘Seriously impaired schools’/capacity-building
These are among other bill provisions:
- Beginning in FY11, “(PSSP) provisions for capacity building to assist schools that have been identified as seriously impaired…and schools that have not met adequate yearly progress for two consecutive years under the federal No Child Left Behind statute shall be an amount of at least $5 million. The allowance for capacity building shall be appropriated to the state board…
- “The state board shall adopt a rule…establishing criteria for distribution of these funds to schools.
- “The first priority shall be schools that have been identified as seriously impaired, and the second priority shall be schools that have failed to make adequate yearly progress on test assessments for at least two consecutive years.
- “Each year the state board shall make a report to the Legislative Oversight Commission on Education Accountability on the number of schools that received capacity building money the previous year and what impact these resources had on removing a school from the seriously impaired list or the list of schools failing to meet adequate yearly progress under the provisions of the No Child Left Behind Act.”
Innovative alternative education program grants
- “The State Superintendent shall grant county boards awards for pilot or innovative alternative education programs that promote safe schools based on the following criteria:
- “ Programs that will serve the most students in the alternative program;
- “ programs in elementary schools that utilize in-school suspension and requirements that alternative students work their way back into the regular classroom through improved behavior;
- “ programs in middle schools or junior high schools and high schools that provide at least (16) hours of instruction per week and requirements that students work their way back to the regular classroom through improved behavior; and
- “ other criteria developed by the State Board of Education. “Each county board shall apply to the state superintendent for competitive grants in the manner set forth by the State Superintendent consistent with the policies and procedures adopted by the state board for the establishment and maintenance of alternative education programs.
There are five House sponsors, including lead sponsor Del. Campbell, D-Greenbrier. Introduced Feb. 19. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4579 intr.htm&yr=2010&sesstype=RS&i=4579
Similar proposals have been introduced/considered in a past legislative session or sessions
Public school transportation
Penalties would increase for passing a bus stopped for receiving or discharging children
House Bill 4489. This measure is similar to Senate Bill 541. Refer to the Feb.15 issue of The Legislature.
NOTE: House Bill 4489 would “(authorize) every school district…to mount a camera on any retractable stop sign that is part of the equipment of any school bus.”
It also has a provision stating that, to the extent that state, federal or “other funds are available, the State Police shall conduct an information campaign to educate drivers concerning the provisions of this article and the importance of school bus safety.”
There are 10 House sponsors, including lead sponsor Del. Kelli Sobonya, D-Cabell. Introduced Feb. 15. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4489 intr.htm&yr=2010&sesstype=RS&i=4489
Similar proposals have been introduced/considered in a past legislative session or sessions
West Virginia Board of Education
Bill would make changes in statutes relating to ‘school choice options’
Senate Bill 586. The purpose of this bill is to mandate procedure as to when parents should be notified by county school boards of school choice options.
Underachieving schools are required to notify parents of school choice options at the end of the school year for choices to be made for the next school year.
For other situations, county boards are required to notify parents of school choice options not later than (14) days prior to the beginning of the school year.
Methods of notification are also provided, including “…regular mail or email and through means such as the Internet, news media and public agencies serving the student population and their families.”
There are other provisions.
Sponsored by Sen. Ed Bowman, D-Hancock. Introduced Feb. 16. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB586 intr.htm&yr=2010&sesstype=RS&i=586
Similar proposals have been introduced/considered in a past legislative session or sessions
Measure concerns reporting on “Special Demonstration Professional Development School Projects”
House Bill 4495. Proposed revisions to §18-2E-eg would require the State Superintendent of Schools to report annually to the Legislative Oversight Commission on Education Accountability regarding Special Demonstration Professional Development School Projects.
Under provisions of the proposed legislation, the State Superintendent would have to “report independently on each project or program which shall identify the number of students participating in such projects or programs, the staffing levels utilized in support of such projects or programs… accompanied by the findings and recommendations of the independent evaluation and these findings and recommendations shall be a major factor considered by the superintendent in making his or her recommendation.”
There are 11 House sponsors, including lead sponsor Del. Meshea Poore (D - Kanawha). Introduced Feb. 15. Referred to House Education.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4495 intr.htm&yr=2010&sesstype=RS&i=4495
Similar proposals have been introduced/considered in a past legislative session or sessions
West Virginia Higher Education Policy Commission (HEPC)
$3,500 tax credit would be set for full-time nursing faculty members in W. Va.
Senate Bill 580. The purpose of this bill is to retain full-time nursing educators in the state by providing up to a $3,500 tax credit for full-time nursing faculty members.
The tax credit would not be “…available to adjunct faculty members or other part-time nursing instructors.”
It would not be refundable and could only be used to offset or reduce a tax liability.
If the amount of the credit exceeds the taxpayer's liability for the taxable year, the amount that exceeds the tax liability may not be carried over to subsequent years.
The tax credit may not be applied against a person's tax liability until all other credits available to the taxpayer have been applied.
The state Tax Commissioner would be required to promulgate legislative rules for implementing the legislation.
There are other provisions.
Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 15. Referred to Senate Health and Human Resources then Senate Finance.
Higher education governance proposal introduced
Senate Bill 588. This 71-page bill would clarify several areas of authority relating to the state’s Higher Education Policy Commission, authorizing the HEPC to review and approve academic programs, except doctoral programs, operating and capital budgets at all institutions under its jurisdiction.
It also would specify that tuition and fee increases at all public higher education institutions are subject to HEPC or Council for Community and Technical Colleges approval.
Additionally, the bill would clarify the relationship of the HEPC and higher educational institutional governing boards under its HEPC jurisdiction.
The bill also authorizes research and development agreements between governing boards of state institutions of higher education and affiliated corporations.
There are several other provisions.
Sponsored by Senators Earl Ray Tomblin, D-Logan, and Plymale. Introduced Feb. 16. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB588 intr.htm&yr=2010&sesstype=RS&i=588
Similar proposals have been introduced/considered in a past legislative session or sessions
Bill would allow the governor to certify a revised list of capital improvement projects that would receive funding from bonds issued by the state Economic Development Authority
Senate Bill 612. The purpose of this legislation is to authorize the governor to certify a revised list of capital improvement projects that will receive funding from the proceeds of bonds issued by the West Virginia Economic Development Authority.
The bill also increases the amount deposited into the Higher Education Improvement Fund annually from $10 million to $15 million and permits the Authority to sell bonds in an amount that is necessary to accomplish the purposes of the bonds and is within the limit of funds available for debt service. The current limit on the amount of bonds that may be issued by the Authority is $150 million.
The bill clarifies that the Authority may grant second-in-priority and third-in- priority liens on State Lottery Fund moneys in favor of the bonds.
There are nine Senate sponsors, including lead sponsor Sen. Plymale. Introduced Feb. 19. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB612 intr.htm&yr=2010&sesstype=RS&i=612
Legislative rule relating to Energy and Water Savings Revolving Loan Fund Program introduced
House Bill 4493. This bill is the same as Senate Bill 543. Refer to Issue 10 of The Legislature. Introduced Feb. 15. Referred to House Education then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4493 intr.htm&yr=2010&sesstype=RS&i=4493
Legislation would position Blanchette Rockefeller Neurosciences Institute to be leader in research relating to neurodegenerative diseases
House Bill 4528. The purpose of this bill is to position the state to be the national leader in research and development of treatments for neurodegenerative diseases, according to the Bill Note.
A bill provision states, “… (A plan) to combat, treat and ultimately cure neurodegenerative disease should be in place.
“In light of the recent successes of the Blanchette Rockefeller Neurosciences Institute, the Legislature feels that the institute is best situated to develop this plan for the benefit of the state.”
There are several bill provisions relating to implementing the legislation as well as a declaration that the measure will benefit the health of state citizens, improve the economy and further “academic excellence” in West Virginia.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 18. Referred to House Health and Human Resources then House Education.
Bill would revert West Virginia Institute of Technology to previous status
House Bill 4553. The purpose of this legislation is to remove West Virginia University Institute of Technology from the merger with West Virginia University and return it to its former status as a singular state institution of higher education.
There are three House sponsors, including lead sponsor Del. Tom Louisos, D-Fayette. Introduced Feb. 18. Referred to House Education then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4553 intr.htm&yr=2010&sesstype=RS&i=4553
Similar proposals have been introduced/considered in a past legislative session or sessions
Public Employees Insurance Agency (PEIA)
Spouses and dependents would be required to have pregnancy and contraceptive services insurance coverage
House Bill 4581. Under terms of this legislation, insurance coverage of spouses and dependents for pregnancy and contraceptive services would be required.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 19. Referred to House Banking and Insurance then House Judiciary.
PEIA insured’s’ premiums would be frozen at current level until 2013
House Bill 4587. The purpose of this bill is to freeze PEIA employee premiums for three years.
There are four House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Feb. 19. Referred to House Government Organization then House Finance.
Teachers Retirement System
$1,200 Cost-of-Living adjustment proposed for TRS members, Public Employees Retirement System (PERS) members and public employees
House Bill 4586. The purpose of this legislation is to provide $1,200 cost of living adjustment to all eligible state employees and retirees.
The COLA payment would be retroactive to July 1, 2009 “when the (state’s) budget surplus was realized.”
There are nine House sponsors, including lead sponsor Del. Greg Butcher, D-Logan. Introduced Feb. 19. Referred to House Pensions and Retirement then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Workers Compensation
Racetrack Video Lottery Funds would be used to pay down Workers Compensation expenses
House Bill 4515. This legislation would require all of an established $11 million Racetrack Video Lottery Fund to be transferred into the existing West Virginia Racing Commission Special Account - Unredeemed Pari-Mutuel Tickets account to be used to pay certain current and unpaid debt payments. The bill also provides that when those debt obligations have been fully met all moneys deposited in the Video Lottery Fund will be used for the Workers' Compensation debt service until that debt is retired.
There are six House sponsors, including lead sponsor Del. Terry Walker, D-Jefferson. Introduced Feb. 16. Referred to House Judiciary then House Finance.
EDUCATION-RELATED
Child Welfare
Bill would make it a misdemeanor for child neglect that creates substantial risk of bodily injury
Senate Bill 598. Proposed §61-8D-4 would revise current law so that “Any person who neglects a child and by the neglect creates a substantial risk of bodily injury…to the child is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or shall be confined in jail for not more than one year, or both fined and confined.”
Sponsored by Sen. Jeffrey Kessler, D-Marshall. Introduced Feb. 17. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB598 intr.htm&yr=2010&sesstype=RS&i=598
Similar proposals have been introduced/considered in a past legislative session or sessions
DHHR licensure requirements would not apply to “out-of-school time” programs that are monitored by the state Department of Education or which meet statutory requirements
Senate Bill 610. The purpose of this bill is to extend the statutory exemption to any out-of-school time programs that already meet established health and safety requirements. The bill further establishes a registry requirement for out-of-school time programs for the purpose of determining whether such programs qualify for an exemption.
There are 15 Senate sponsors, including lead sponsor Sen. Walt Helmick, D-Pocahontas. Introduced Feb. 18. Referred to Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb610 org.htm&yr=2010&sesstype=RS&i=610
Similar proposals have been introduced/considered in a past legislative session or sessions
Bill would raise age of consent for minor to refuse mental health treatment from age 12 to age 18
House Bill 4499. to change the age of consent for refusal of mental health treatment from age 12 to age 18. The bill also clarifies that the state is not obligated to pay for voluntary hospitalizations.
There is a Senate companion measure.
Sponsored by Dels. Linda Goode Phillips and Daniel J. Hall, both D-Wyoming. Introduced Feb. 15. Referred to House Health and Human Resources then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4499 intr.htm&yr=2010&sesstype=RS&i=4499
Similar proposals have been introduced/considered in a past legislative session or sessions
Measure would mandate insurance coverage for Autism Spectrum Disorders
House Bill 4591. Introduced in several past legislative sessions, this measure would require health insurance coverage for autism spectrum disorders.
The bill establishes various types of coverage required and requires therapeutic services to be provided on a nondiscriminatory basis.
There is a definitional section.
There are 11 House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 19. Referred to House Banking and Insurance then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4591 intr.htm&yr=2010&sesstype=RS&i=4591
Similar proposals have been introduced/considered in a past legislative session or sessions
Governmental entities
Governmental audits could be published electronically in cases of findings of misfeasance, malfeasance, or nonfeasance
Senate Bill 573. The purpose of this bill is to allow audits to be published electronically with notice thereof to the proper authorities in cases of findings related to misfeasance, malfeasance, or nonfeasance.
There are six Senate sponsors, including lead sponsor Sen. Joe Minard, D-Harrison. Introduced Feb. 15. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB573 intr.htm&yr=2010&sesstype=RS&i=573
The House companion is House Bill 4509. There are eight House sponsors, including lead sponsor Delegate Randy Swartzmiller, D-Hancock. Introduced Feb. 16. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4509 intr.htm&yr=2010&sesstype=RS&i=4509
Measure would establish Pearl Harbor Memorial Day
Senate Bill 574. The purpose of this legislation is to establish December 7 as a special memorial day to honor all West Virginians who fought in World War II.
There are six Senate sponsors, including lead sponsor Sen. Donna Boley, R-Pleasants. Introduced Feb. 15. Referred to Senate Military then Senate Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB574 intr.htm&yr=2010&sesstype=RS&i=574
Similar proposals have been introduced/considered in a past legislative session or sessions
Bill makes statutory reference changes in regard to state technology position
Senate Bill 583. Proposed revisions to §5A-6-4 would change references to the Information Services and Communications Division to reflect the divisions consolidation with the Office of Technology.
Sponsored by Sen. Bowman. Introduced Feb. 16. Referred to Senate Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB583 intr.htm&yr=2010&sesstype=RS&i=583
Property mineral rights could benefit state agencies, institutions or departments
Senate Bill 593. Proposed revisions to §5A-11-3 would allow use of mineral rights to benefit state agencies, institutions or departments.
The House companion measure is House Bill 4394.
Sponsored by Sen. Erik Wells, D-Kanawha. Introduced Feb. 17. Referred to Senate Energy, Industry and Mining then Senate Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB593 intr.htm&yr=2010&sesstype=RS&i=593
The reference to House Bill 4394 is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4394 intr.htm&yr=2010&sesstype=RS&i=4394
“Design-Build Procurement Act” would be expanded; bill would include procedures for lease-purchase of schools, other government buildings
Senate Bill 630. In terms of public schools, lease-purchase arrangements would be made with and through the state School Building Authority of West Virginia.
School facilities
These are the pertinent provisions:
“ In the case of the lease-purchase of a public school facility, the board of education has submitted a written request to the West Virginia School Building Authority to permit it to enter into a lease-purchase contract for the public school facility and the West Virginia School Building Authority has approved the request; and
“The agency has completed and submitted a written application for approval to the board and requested a meeting with the board to present its request for approval from the board.
“ Upon project approval… (the) agency shall submit to the board monthly reports detailing the progress of the approved project.
“The reports shall continue until the start of construction to ensure that the agency has complied with any requirements established by the board in its approval of the project.
“If any requirement is not satisfied, the board may withdraw its approval of the project at any time prior to the start of construction.
“If the board withdraws its approval, the agency may not proceed with the project as a facility lease- purchase project until the requirements set forth in the board's approval and the requirements of this article are met, as determined by the board.
“In the case of the lease-purchase of a public school facility the board will forward a copy of the monthly reports and any approvals or disapprovals to the West Virginia School Building Authority.
Annual Report
“On or before January 1, of each year, the board shall file an annual report with the Joint Committee on Government and Finance, and a copy of the report with the legislative librarian, setting forth a description of the projects approved during the preceding year, including copies of monthly monitoring reports submitted to the board pursuant to subsection (c) of this section.
Design-Build Board
NOTE: Board refers to the “Design-Build Board.”
That entity if comprised of two contractors licensed in the State of West Virginia; one architect licensed in the State of West Virginia; one professional engineer licensed in the State of West Virginia; the Secretary of the Department of Administration, ex officio; one representative from labor; and three other members of the public at large. (§5-22A-4).
The bill has extensive procedures regarding development of rules for lease-purchase. (Rules would require legislative approval.)
Performance Criteria Evaluator
The measure also addresses performance criteria, including selection of a performance criteria evaluator which the bill defines as “an architect or engineer licensed under the laws of this state and, if applicable, the architect’s or engineer’s employer, company, partners, joint venturers, affiliates or subcontractors retained by the agency to develop performance criteria and to serve as the agency’s technical advisor.”
(An agency may use its own employees to determine whether the agency should seek a facility lease-purchase contract. The performance criteria developer, however, would be prohibited from entering into a contract with the governmental entity or from performing services under the facility lease-purchase contract.)
“Invitation for Qualifications”
The bill has other provisions relating to entity publishing an “invitation for qualifications” which, at minimum, would include:
- “The identity of the agency which will contract for the facility lease-purchase;
- “The procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards…
- “The proposed terms and conditions for the facility lease- purchase contract;
- “The performance criteria;
- “ The description of the drawings, specifications or other information to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications or submittals that will be acceptable;
- “ A schedule for planned commencement and completion of the facility lease-purchase contract;
- “Budget limits for the facility lease-purchase contract, if any;
- “ Requirements or restrictions for the subletting of specific portions of the facility lease-purchase contract, if any; and
- “Requirements for performance bonds, payment bonds, insurance, professional liability insurance and workers' compensation coverage…”
Bid bond
Additionally, facility lease-purchase would be require to furnish a bid bond not to exceed 5% percent of the maximum cost of 6 month's lease payments as proposed for the lease purchase contract.
Definition of “Agency”
NOTE: Agency is defined as “all state departments, agencies, authorities, quasi-public corporations and all political subdivisions, including cities, counties, boards of education and public service districts and the individual representatives of the agency appointed to oversee or supervise the project.”
The performance criteria developer must visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that work, when completed, will be in accordance with the facility lease-purchase contract.
On the basis of these on-site observations the performance criteria developer would be required to keep the agency informed of the progress of the work on the project and shall endeavor to guard the agency against defects and deficiencies in the work.
If the project is a public school, the board of education would be required to forward a copy of the performance criteria developer's report to the SBA.
There are four Senate sponsors, including lead sponsor Sen. Minard. Introduced Feb. 19. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB630 intr.htm&yr=2010&sesstype=RS&i=630
Related measure
Senate Bill 613 is a related measure. It concerns establishment of a “Facility Design Build Lease Purchase Act.”
Facility lease-purchase
Among definitions, “Facility lease-purchase” would mean providing responsibility “within a single contract for the design, construction or alteration of a building or buildings, together with incidental approaches, structures and facilities to be constructed, in which services within the scope of the practice of professional engineering or architecture, as defined by the laws of the State of West Virginia, are performed by an engineer or architect duly licensed in the State of West Virginia and in which services within the scope of construction contracting, as defined by the laws of the State of West Virginia, are performed by a contractor qualified and licensed under the applicable statutes, and which building, buildings, structures and facilities will be leased to an agency by the firm holding the facility lease-purchase contract. The facility lease- purchase method of construction may not be used for any other construction projects, such as highway, water or sewer projects.”
There are similar procedures as in the above measure – Senate Bill 630 – relative to lease-purchase arrangements for schools.
The Design-Build Board would be responsible for overseeing these statutory provisions.
There are several other sections.
Sponsored by Sen. Minard. Introduced Feb. 19. Referred to Senate Education then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB613 intr.htm&yr=2010&sesstype=RS&i=613
Similar proposals have been introduced/considered in a past legislative session or sessions
Position of “Equal Pay Coordinator” would be established within governor’s office
Senate Bill 629. The purpose of this legislation is to create an Equal Pay Coordinator within the Office of the Governor to coordinate and monitor efforts to achieve pay equity among state employees.
Sponsored by Sen. Corey Palumbo and Dan Foster, both D-Kanawha. Introduced Feb. 19. Referred to Senate Government Organization then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB629 intr.htm&yr=2010&sesstype=RS&i=629
Similar proposals have been introduced/considered in a past legislative session or sessions
State boards and commissions would be required to have proportionate representation of state minorities
House Bill 4490. The purpose of this legislation is to require all state boards, commissions, committees or councils to be gender balanced and to have proportionate representation of minorities.
There are 10 House sponsors, including lead sponsor Delegate Fleischauer. Introduced Feb. 15. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4490 intr.htm&yr=2010&sesstype=RS&i=4490
Similar proposals have been introduced/considered in a past legislative session or sessions
Bill proposes to repeal authority of state Department Secretaries to transfer employees
House Bill 4567. Under terms of this legislation, the authority of state Department Secretaries to involuntarily transfer employees would be repealed.
There are five House sponsors, including lead sponsor Del. Rick Moye, D-Raleigh. Introduced Feb. 19. Referred to House Government Organization then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4567 intr.htm&yr=2010&sesstype=RS&i=4567
Proposed legislation relates to maintenance of state records
House Bill 4568. Under terms of this legislation, “as a substitute for using medium that is incapable of erasure or alteration, a preservation duplicate of a state record may be stored on other electronic storage medium or other medium capable of storing digitized documents if:
- “The medium is stored to maximize its life by minimizing exposure to environmental contaminants;
- “At least two copies of the preservation duplicate are made and one copy is stored in an off-site location; and
- “A procedure is established and followed which ensures that:
- “Modifications in the archiving process are made as technology changes so that the preservation duplicates are readily accessible, which may include migrating the preservation duplicates to different medium or different file formats; and
- “The medium is periodically examined to determine if the preservation duplicates remain readable and intact.”
Hearing examiners would be selected from a panel comprised of hearing examiners
House Bill 4578. Revised §29A-5-1 would require hearing examiners conducting state agency administrative hearings be selected from a panel of five hearing examiners by a process in which the state agency first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners.
There are four House sponsors, including lead sponsor Delegate Margaret Staggers, D-Fayette (by request). Introduced Feb. 19. Referred to House Government Organization then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4578 intr.htm&yr=2010&sesstype=RS&i=4578
Proceeds from hotel occupancy tax would be available for funding public libraries
House Bill 4583. This bill would permit municipalities and counties to use proceeds from the hotel occupancy tax to fund public libraries.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 19. Referred to House Political Subdivisions then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4583 intr.htm&yr=2010&sesstype=RS&i=4583
Measure would establish the West Virginia Job Promotion, Evaluation and Reporting Act
House Bill 4588. Under terms of this legislation, the West Virginia Development Office would be required to make a complete evaluation of job promotion programs and a report on remaining stimulus funds under the "American Recovery and Reinvestment Act.”
Additionally, the bill would require recommendations for new transparency and accountability requirements for job promotion programs to be made to the Joint Committee on Finance and Administration on or before August 15, 2010.
The bill has statement of legislative extent which says, “A new decade is a perfect time to evaluate our state's job promotion and retention efforts to ensure that all federal grant money is being applied for, to ascertain whether state investments in job promotion are producing the results that are intended and to require transparency and accountability for state investments in job promotion and retention.”
There are other provisions.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 19. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4588 intr.htm&yr=2010&sesstype=RS&i=4588
Taxation
Moneys from increase beer and alcohol taxes would be used for alcohol and drug abuse programs
Senate Bill 605. The purpose of this legislation is to increase the barrel tax on nonintoxicating beer; and to require the increased moneys from this tax to be expended on alcohol and drug abuse programs.
Sponsored by Sen. Plymale. Introduced Feb. 18. Referred to Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB605 intr.htm&yr=2010&sesstype=RS&i=605
Tax increases would be phased-in over three-year period if exceeding 20% over the previous year
Senate Bill 628. This legislation seeks to phase in increased assessments on property that are twenty percent or more over the assessed values of the previous year.
The phase-in period is three years with no more than thirty-five percent of the increased assessment due in each of the three years.
The bill provides that this does not apply to improvements to the property that result in an increased assessment.
There are four Senate sponsors, including lead sponsor Sen. Palumbo. Introduced Feb. 19. Referred to Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB628 intr.htm&yr=2010&sesstype=RS&i=628
Similar proposals have been introduced/considered in a past legislative session or sessions
Measure would eliminate food sales tax
House Bill 4514. Under terms of this legislation, the state’s sales tax on food would be eliminated by July 1, 2010.
Sponsored by Delegate Pat McGeehan (R - Hancock). Introduced Feb. 16. Referred to House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4514 intr.htm&yr=2010&sesstype=RS&i=4514
Similar proposals have been introduced/considered in a past legislative session or sessions
Coalbed methane severance tax distribution method proposed
House Bill 4570. The purpose of this legislation is to provide a minimum share of coalbed methane severance tax revenue to be distributed to producing counties in an amount at least equal to the share received by nonproducing counties.
There are eight House sponsors, including lead sponsor Delegate Tim Manchin, D-Marion. Introduced Feb. 19. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4570 intr.htm&yr=2010&sesstype=RS&i=4570
Similar proposals have been introduced/considered in a past legislative session or session
Briefly...
Senate Bill 589 would establish an Intermediate Court of Appeals…Senate bill 590 would permit the Division of Energy to develop and energy-related public relations campaign focused on educating Washington, DC, about West Virginia and its positive impact on the Eastern Seaboard. The House companion measure is House Bill 4532…Senate Bill 592 would restrict retired employees that are rehired from using their previous benefits. The proposed language reads: “An eligible employee who has retired from a spending unit and is subsequently hired by a different spending unit shall be considered a new employee and is not entitled to retirement benefits, annual increment salary increases, and annual or sick leave based on the employee's prior years ‘service”…Senate Bill 603 would require health insurance plans to provide at least eighty percent of the coverage to out-of- network providers that would be provided for services provided by an in-network provider for a given condition, treatment or procedure where there is no in-network provider with substantially similar training or experience with regard to the covered condition, treatment or procedure…Senate Bill 609 would increase the page rates a court reporter is to receive from providing type-written transcripts…House Bill 4498 would prohibit smoking in the Capitol and all state office buildings…House Bill 4502 would increase the amount of racetrack video-lottery net terminal income allocated to the Cultural Facilities and Capitol Resources Matching Grant Program Fund. (Currently these proceeds are deposited into the Development Office Promotion Fund. Under this proposal, the moneys would be distributed “in equal amounts” to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Grant Program Fund.)…House Bill 4524 would provide a revised definition for “All-Terrain Vehicle” to include a definition for utility terrain vehicles…House Bill 4545 would establish the “Drug Trafficking Distribution Registration Act.” Its provisions would require drug-trafficking distribution offenders to register with the state. Its many provisions – this is a 16-page bill – are not retroactive…House Bill 4561 would add an additional magistrate to Monongalia County…The first of what will be several redistricting bills for the House of Delegates, House Bill 4564 would add a 59th Delegate District consisting of Mason and Putnam Counties….House Bill 4576 would terminate tolls on the West Virginia Turnpike prior to 2020…House Bill 4582 would create reciprocity for West Virginia small, women and minority-owned businesses who receive these type preferences in other states.
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The Legislature is published by the West Virginia School Board Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.
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