Feb. 16-21, 2009 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced  Feb. 16-21, 2009, during the first full week of the First Regular Session of the 79th West Virginia Legislature.

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

A total 198 bills are reviewed, including some House Bills not available for the Feb. 16 issue of The Legislature.

For a copy of any bill, please contact WVSBA

 

PUBLIC EDUCATION

County Boards

Proposal would create a “Nonvoting student member position” on each county board in West Virginia

Senate Bill 257.  Proposed revisions to §18-5-1 would, in addition to its five members, include “an additional nonvoting student member (who would) serve a one year term beginning July 1 and ending June 30, the following year.”

Specifics relating to such an appointment would be included in an amended  §18-5-1a. These provisions state the “nonvoting student member of a county board of education shall only”:

1. Be living within the school district the county board of education has jurisdiction over;
2. Be enrolled in a public school as a full-time regular student in the eleventh or twelfth grade;
3. Have achieved a minimum of a three-point grade point average throughout his or her studies throughout public school from ninth grade to throughout his or her term as a nonvoting student member of the applicable county board of education;
4. Have attended ninety-five percent of his or her classes from ninth grade to throughout his or her term as a nonvoting student member of the applicable county board of education, and also be of good character;
5. Be eligible to participate in all county board of education meetings except those in executive or closed session;
6. Be required to attend all regular and special board meetings, and represent the board at public functions;
7. Be provided with the complete agenda and materials received by the regular board members except those materials related to executive or closed sessions;
8. Be allowed to attend an executive session or closed meeting by a majority vote of the board; and
9. Be entitled to all expense allowances granted to other board members”.

Additional bill provisions state the “nonvoting student member of the county board of education shall be removed from office by a majority vote of the board upon his or her failure to meet any of the eligibility criteria as contained in (the proposed subsection listed above and the) county board of education shall adopt rules regarding the appointment and removal of the nonvoting student member.”

Sponsored by Sens. Richard Browning, D-Wyoming, and Mike Green, D-Raleigh. Introduced Feb. 16. Referred to Senate Education.
No House companion measure has been introduced.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb257%20intr.htm&yr=2009&sesstype=RS&i=257

 

Bill would remove county board liability for casual deficits – relates to Other Post-employment Retirement Benefits (OPEB)

Senate Bill 258. Proposed revisions to §11-8-26 would clarify that local fiscal bodies, including county boards, would not be held personally or criminally liable for certain deficits caused by the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund or amounts for the annual required employer contribution over and above the minimum annual employer premium payment for other post-employment benefits.

Sponsored by Sen. President Earl Ray Tomblin, D-Logan, and Minority Leader Dan Caruth, R-Mercer on behalf of the governor. Introduced Feb. 16. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb258%20intr.htm&yr=2009&sesstype=RS&i=258

House Bill 2406, the House companion measure, sponsored by Speaker Rick Thompson, D-Wayne, and Minority Leader Tim Armstead, R-Kanawha, was introduced Feb. 16. Referred to House Pensions and Retirement then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2406%20intr.htm&yr=2009&sesstype=RS&i=2406

County boards could enter into lease-purchase agreements

Senate Bill 274. Proposed revisions to §18-5-9c would allow county boards to enter into lease-purchase agreements for land, buildings and equipment.

Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Feb. 17. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb274%20intr.htm&yr=2009&sesstype=RS&i=274

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

House version of governor’s calendar proposal introduced

House Bill 2402. This measure is the House version of the governor’s school calendar proposal which would amend §18-5-45.
Sponsored by Dels. Thompson and Armstead. Introduced Feb. 13. Referred to House Education.

Note refer to the Feb. 20 issue of The Legislature in  regard to legislative calendar deliberations.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2402%20intr.htm&yr=2009&sesstype=RS&i=2402

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

Measure would consolidate county board purchasing through RESAs

House Bill 2515. Proposed revisions to §18-5-13 would allow county boards to make “all purchases through the Regional Education Service Agency…serving that county” as a means to provide “economies of scale and (reduce) costs.”

The bill would have a July 1 effective date.

The measure would establish proposed §18-5-13(v).

Sponsored by Del. Ron Walters, D-Kanawha. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2515%20intr.htm&yr=2009&sesstype=RS&i=2515

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

County board school buses would be exempt from paying West Virginia Turnpike tolls

House Bill 2606. Proposed revisions to §17-16A-6a would Exempt county board school buses from paying tolls for transit over the West Virginia Turnpike or any West Virginia Parkways Authority Project.

There are seven House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Feb. 18. Referred to House Finance.
There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2606%20intr.htm&yr=2009&sesstype=RS&i=2606

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

 

Public School Personnel

Measure would provide increased compensation for aides and paraprofessionals having over 20 or 25 students respectively per session

House Bill 2370. Proposed §18-5-18a would provide increased compensation for aides and paraprofessionals having more than 20 or 25 pupils per session respectively.

The additional pay would be based on the “affected employee's average daily salary divided by (20) for kindergarten aides or paraprofessionals, or the average daily salary divided by (25) for aides or paraprofessionals in grades (1-6) for every day times the number of additional pupils enrolled up to the maximum number of pupils permitted in the classroom. All such additional compensation shall be paid from county funds exclusively.” 

Sponsored by Del. Michael Caputo, D-Marion. Introduced Feb. 13. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2370%20intr.htm&yr=2009&sesstype=RS&i=2370

Also refer to House Bill 2381 which is reviewed below.

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

Bill would provide $2,000 incentive for teachers who teach in “core field”

House Bill 2513. Proposed §18A-4-2c would require the state Board of Education to “establish a pay incentive of $2,000 for each teacher who teaches in that teacher’s core field degree.”

Sponsored by Del. Walters. Introduced Feb. 17. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2513%20intr.htm&yr=2009&sesstype=RS&i=2513

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

Measure concerns funds for certification renewal and additional endorsements

House Bill 2639. Proposed revisions to §18A-3-3a would make revisions to current law relating to reimbursement of teachers for courses completed toward certification renewal and additional endorsement.

It would remove the “division” between certification renewal and additional endorsements in terms of funds appropriated for reimbursements.

Thus, reimbursement for courses completed toward certification renewal would be limited to reimbursement for 6 semester hours of courses per teacher per certification renewal period and 15 semester hours of courses per teacher “per lifetime.”

Reimbursement for courses completed toward certification area would be limited to reimbursement for 6 semester hours of course per teacher per year, with no “lifetime limit.”

There are seven House sponsors, including lead sponsor Del. Tom Campbell, D-Greenbrier. Introduced Feb. 18. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2639%20intr.htm&yr=2009&sesstype=RS&i=2639

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

Bill would provide school employees 6 percent salary increase

House Bill 2670. Proposed §18A-4-22 would provide all “school personnel, including, but not limited to, teachers, service personnel and retired teachers…a (6) percent salary increase.”

There are seven House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Feb. 19. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2670%20intr.htm&yr=2009&sesstype=RS&i=2670

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

Service personnel would receive pay increased based on residential housing costs

House Bill 2379. Proposed §18A—4-8j would provide salary increases for school service personnel based upon residential housing costs. Service personnel would receive an annual salary increase of 2 percent of the employee's regular salary for every 10 percent that residential home prices in that employee's county exceed the statewide average for residential homes.

Sponsored by Dels. John Doyle, D-Jefferson, and John Overington, R-Berkeley.

Introduced Feb. 13. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2379%20intr.htm&yr=2009&sesstype=RS&i=2379

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

Experience, training or certification could count toward school service personnel mechanics’ salaries

House Bill 2376. Proposed §18A—4-8j would allow a school service mechanic to have experience, training and certifications considered towards his or her pay rate.

Sponsored by Dels. Steven Kominar, D-Mingo, and Larry Williams, D-Preston. Introduced Feb. 13. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2376%20intr.htm&yr=2009&sesstype=RS&i=2376

Bill relates to school service personnel compensation, including new bus operator class titles

House Bill 2381. Proposed revisions to §18-5-18a, §18A-4-8 and §18A-4-8a would provide classroom aides assigned to a pre-kindergarten or kindergarten classroom having more than  25 students additional pay based on their daily rate of pay and otherwise utilizing the same calculation used for prekindergarten and kindergarten teachers.

The measure also would create the positions of “Bus Operator II” and “Bus Operator III.”

Accordingly, “Bus Operator II” would include personnel employed to operate school buses and other transportation vehicles who have served in a position which meets the definition of "Bus operator I" for 10 years;

"Bus operator III" would include personnel employed to operate school buses and other school transportation vehicles who have served in a position which meets the definition of "Bus operator I" or "Bus operator II" for 20 years.

For salary purposes, the class titles are “E” and “F,” respectively.

Sponsored by Del. Charlene Marshall, D-Monongalia. Introduced Feb. 13. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2381%20intr.htm&yr=2009&sesstype=RS&i=2381

House Bill 2435 also would create the position of “Bus Operator II” for persons who have been employed as school bus drivers for 20 years.
These individuals would be compensated on Pay Grade “E.”

There are five House sponsors, including lead sponsor Del. Kevin Craig, D-Cabell. Introduced Feb. 16. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2345%20intr.htm&yr=2009&sesstype=RS&i=2345

House Bill 2500 would establish the school service personnel class titles for “administrative assistant” and “legal secretary.”

“Administrative Assistant” would be defined as “personnel employed to assist the county superintendent of schools or other administrators in charge of various instructional, maintenance, transportation, food services, operations, health departments or federal programs or departments with particular responsibilities of purchasing and financial control and who exercise significant administrative duties.”

“Legal Secretary” would be defined as “personnel employed to assist the board's legal counsel or other employee primarily engaged in the board's legal matters, and who transcribes or prepares transcripts of grievance or other hearings, schedules hearings, transcribes or otherwise prepares notices, correspondence or other documents pertaining to the board's legal or grievance matters, and conducts research as directed by counsel or others.”

Both positions would be Pay Grade “H.”

There are five House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2500%20intr.htm&yr=2009&sesstype=RS&i=2500

All measures have Fiscal Note requests.

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

Cafeteria managers would receive pay increase

House Bill 2620. Proposed revisions to §18-4-8a would increase the Pay Grade of Cafeteria Managers to Pay Grade E (currently Pay Grade D).

There are four House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 18. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2620%20intr.htm&yr=2009&sesstype=RS&i=2620

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

Medicaid service providers would receive pay increase

House Bill 2397. Proposed revisions to §18-2-5b and §18A-4-4 would Provide a salary supplement for providers of Medicaid Eligible Services who work for county boards.

Under terms of the legislation, county boards would be required to distribute a semiannual salary supplement to employees who provide Medicaid Eligible Services. The amount of the supplement for each employee would be determined by dividing the amount of the reimbursements that are accounted for by each type of Medicaid eligible service equally among all employees who provide those county board services. 

Based on proposed revisions to §18-2-5b, 7 percent of all Medicaid reimbursements received after July 1, 2009, is reserved and may be “utilized by county boards for the purposes of providing a salary supplement for providers of Medicaid eligible services in the public schools…”

(The above statute relates to the state Board of Education’s responsibilities in being a Medicaid Service Provider.)

There are other provisions.

Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 13. Referred to House Education then House Finance.

Reference:http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2397%20intr.htm&yr=2009&sesstype=RS&i=2397

Standards would be set for high school athletic directors

House Bill 2392. Similar to Senate Bill 121, which is reviewed in the February 16 issue of The Legislature,  this measure would set standards for school athletic directors. The bill also requires a high school to assign a full-time athletic director if the school has 13 or more varsity sports, and at least a half-time athletic director if the school has 12 or less varsity sports.

Sponsored by Dels. Paxton and Caputo. Introduced Feb. 13. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2392%20intr.htm&yr=2009&sesstype=RS&i=2392

Reference for Senate Bill 121: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb121%20intr.htm&yr=2009&sesstype=RS&i=121

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

County boards would have to employ most qualified for coaches

House Bill 2508. This measure would give county boards authority  to employ the most qualified person to be athletic and other extracurricular coaches.

Pertinent bill language states, “County boards of education shall develop the criteria to be used when evaluating and selecting applicants for those coaching positions. Such criteria will include, but not be limited to, the individual's status and experience as a professional educator, experience as a coach and experience in the specific extracurricular activity. The board may also determine the criteria to be used when relieving a coach of his or her coaching responsibilities.”

The bill would establish a new Code section - §18A-3-2e.

Sponsored by Del. Mitch Carmichael, R-Jackson. Introduced Feb. 17. Referred to House Education.

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

Non-educator coaches would be able to remain in positions held under certain circumstances

House Bill 2589. Proposed revisions to §18A-3-2a would allow persons employed in the public schools as athletic coaches or other extracurricular activities coaches, but who are not regular professional employees, to continue to be employed in the same position without the position being posted if they have served in the position for three years, receive satisfactory evaluations and are a college graduate, or if the coach is a high school graduate, then the coach shall have served in the position for five years and receive satisfactory evaluations.

It is similar to Senate Bill 57 which is reviewed in Issue 2 of The Legislature.

There are five House sponsors, including lead sponsor Del. Richard Iaquinta, D-Harrison. Introduced Feb. 18. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2589%20intr.htm&yr=2009&sesstype=RS&i=2589

Reference for Senate Bill 57: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb57%20intr.htm&yr=2009&sesstype=RS&i=57

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

Legislation would allow use of personal leave days by surviving spouse

House Bill 2437. Proposed revisions to §18A-4-10d would allow a surviving spouse of an employee of a county board who dies while employed to receive credit for the deceased spouse's accrued and unused personal leave time if the surviving spouse is also an employee of the same school board. In lieu of credit, for personal leave, the surviving spouse may elect to receive a lump sum amount for the accrued and unused sick leave of the deceased spouse.

There are four House sponsors, including lead sponsor Del. Linda Sumner, R-Raleigh. Introduced Feb. 16. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2437%20intr.htm&yr=2009&sesstype=RS&i=2437

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

State policy would ban discrimination based on age and sexual orientation

House Bill 2454. Similar to Senate Bills 134 and Senate Bill 238, this measure would add "sexual orientation" to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodations. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It also defines "sexual orientation" as "heterosexuality, bisexuality, homosexuality or gender identity or expression, whether actual or perceived".

There are nine House sponsors, including lead sponsor Del. Doyle. Introduced Feb. 16. Referred to House Energy, Industry and Labor, Economic and Small Business then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2454%20intr.htm&yr=2009&sesstype=RS&i=2454

Senate Bill 134 reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb134%20intr.htm&yr=2009&sesstype=RS&i=134

Senate Bill 238 reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb238%20intr.htm&yr=2009&sesstype=RS&i=238

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

 

Three House measures would establish Public School Employment Relations Act

House Bill 2604. 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.

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

Arbitration, mediation, collective bargaining

One purpose of the legislation, as outlined in the legislative findings, is to “(encourage) labor peace through the establishment of standards and procedures which protect the rights of the public school employer, the public school employee and the citizens of this state.”

The bill features binding arbitration, grievance arbitration – defined as “arbitration of disputes arising over the interpretation or application of a collective bargaining agreement” – and “interest arbitration.” The latter is defined  as “arbitration of disputes arising during the course of contract negotiations resulting in incorporation of the arbitrator’s decision into the collective bargaining agreement.”

The measure also emphasizes mediation.

Bargaining would occur through auspices of 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.

The Board must meet at least six times each Fiscal Year, including an annual meeting.

In terms of powers and duties, 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:

As stated in the bill, however, “…the impact of the exercise of these management rights on public school employees shall be a proper subject of collective bargaining.”

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, including provisions relating to which employees can belong to a recognized bargaining unit, procedures regarding impasses and arbitration which may result, payroll deductions, a stipulation about payment of a service fee by employees who do not wish to belong to a bargaining unit, various employer and employee prohibited actions, etc.

The 34-page bill has numerous other provisions. There are 5 House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 18.

Referred to House Education.
  
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2604%20intr.htm&yr=2009&sesstype=RS&i=2604

Also refer to House Bill 2631. It has similar provisions. There are seven House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced Feb. 18. Referred to House Education then House Judiciary. There are seven House sponsors, including lead sponsor Del. Eldridge.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2631%20intr.htm&yr=2009&sesstype=RS&i=2631

House Bill 2501 is another such measure. It would establish the state Public Employment Relations Act (PERA).

 This proposal would apply to the state, its institutions, agencies and governmental subdivisions as well as the Higher Education Policy Commission, county boards, public and quasi-public corporations, town, city, county, city-and-county and municipal corporations; authorities, boards or commissions or “combining thereof whether or not incorporated or chartered.”

Other provisions are similar to the above 2 bills, although this bill is considerably more detailed in terms of matters which public employers may not be required to bargain, including “matters of inherent managerial policy.”

Sponsored by Dels. Caputo and Dale Martin, D- Putnam. Introduced Feb. 17. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2501%20intr.htm&yr=2009&sesstype=RS&i=2501

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

Guidance counselors could compete equally for guidance counselor positions no matter whether for elementary or secondary grade levels

House Bill 2510. Proposed revisions to §18A-4-7a would allow guidance counselors to compete equally for all guidance counselor positions regardless of whether the position is posted for the elementary grade levels or the secondary grade levels.

Sponsored by Del. Ruth Rowan, R-Hampshire. Introduced Feb. 17. Referred to House Education.

Measure would enact the Jason Flatt Act of 2009; relates to suicide prevention training.

Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hb2510%20intr.htm

House Bill 2542. Proposed §18A-3-12 would require All teachers and principals to “successfully complete at least two hours of suicide prevention education each school year, under guidelines established by the State Board of Education.”

This education may be accomplished through self-review of suicide prevention materials approved by the state board.

The bill is named after Jason Flatt, who committed suicide at age 16 in 1997, according to the Jason Foundation founded by Clark Flatt after the death of his son.

Based on Foundation statistics, suicide is the third-leading cause of death for those 15-24. It's the second-leading cause of death for college-age students. And of those who commit suicide, four out of five give clear warning signs before killing themselves.

There are five House sponsors, including lead sponsor Del. Marshall. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2542%20intr.htm&yr=2009&sesstype=RS&i=2542

Good Friday would become a legal holiday

House Bill 2592. Proposed revisions to §2-2-1would designate Good Friday as a legal holiday. Introduced Feb. 18. Referred to House Government Organization then House Finance.

Sponsored by Dels. Perry and Bob Beach, D-Monongalia. Introduced Feb. 18. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2592%20intr.htm&yr=2009&sesstype=RS&i=2592

Siimilar proposals have been introduced/considered in a past legislative session or sessions.  

School employees would be prohibited from “promoting abortion”

House Bill 2614. Proposed §18A-2 –15 would prohibit all state Board of Education and county board employees from counseling, referring, transporting or assisting any student to obtain an abortion. The bill provides a violation of its provisions is a misdemeanor.

There are four House sponsors, including lead sponsor Del. Kelli Sobonya, R-Cabell. Introduced Feb. 18. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2614%20intr.htm&yr=2009&sesstype=RS&i=2614

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

Measure relates to required meal and rest breaks

House Bill 2686. Proposed revisions to §21-3-10a would prohibit employers from requiring any employee to work without a rest period of “at least (15) minutes during each (4) hours worked, except those employees who are under the Federal Railway Labor Act.

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

“ No reduction in compensation may be made in the pay of either hourly or salaried employees for the lunch and rest breaks the statute would require.”

There are eight House sponsors, including lead sponsor Del. David Walker, D-Clay. Introduced Feb. 19. Referred to House Enery, Industry and Labor, Economic Development and Small Business then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hb2686%20intr.htm

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

Teachers could purchase computers using state contract provisions

House Bill 2718.  Proposed revisions to §5A-3-4 would require the state Director of Purchasing purchasing to promulgate a rule authorizing public school teachers to purchase one personal computer and related devices per year from the state contract for use outside the classroom.

There are six House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 20. Referred to House Education then House Finance.

There is a Fiscal Note request.’

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2718%20intr.htm&yr=2009&sesstype=RS&i=2718

 

Public School Support Program (PSSP)

Interim bill relates to 2008 PSSP changes

Senate Bill 270. Proposed revisions to §18-9A-2, -3a, and 9 would make technical corrections to various provisions included in House Bill 4588 – a major PSSP proposal adopted by the Legislature last year.

The proposed revisions would:

1. Clarify that Professional Student Support Personnel (school nurses and counselors) are still included in the general employee classification of "teacher" and are also professional educators for all purposes except for the determination of the funding allowance for professional educators in the school aid formula;
2. Clarify that the net enrollment adjustment for a county whose actual net enrollment is less than one thousand four hundred students is applicable only for the purpose of determining the county's basic foundation funding allowance;
3. Extend the phase-in of the PSSP provisions (over the next four years) relating to determination of the new formula allowances for professional and service personnel, based on the number of employees eligible for funding based on net enrollment; and
4. Include professional student support personnel in the formula allowance calculations for the current expense and faculty senates.
   Sponsored by Sens. Green and Bob Plymale, D-Wayne. Introduced Feb. 16. Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb270%20intr.htm&yr=2009&sesstype=RS&i=270

The House companion measure is House Bill 2530. Sponsored by Dels. Perry and Mary Poling, D-Barbour. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2530%20intr.htm&yr=2009&sesstype=RS&i=2530

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

Bills relate to limited English proficient students

Senate Bill 269. Proposed revisions to §18-9A-22 would provide a statutory framework through which the Legislature may appropriate funds to match the amount of federal funds used to supplement the provision of scientifically research-based alternative language education programs for limited English proficient (LEP) students in accordance with policies and procedures adopted by the state board.

The level of appropriation suggested would be approximately equal to the level of 2008-2009 federal funds available for the program based on the number of 2007-2008 LEP students ($274 x 2336 LEP students = $640,064.

Sponsored by Sens. Plymale and Green. Introduced Feb. 16. Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb269%20intr.htm&yr=2009&sesstype=RS&i=269

The House companion measure is House Bill 2538. Sponsored by Dels. Perry and M. Poling. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2538%20intr.htm&yr=2009&sesstype=RS&i=2538

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

 

West Virginia Board of Education

Tax credit would be offered to new teachers in critical needs areas

Senate Bill 265. Proposed §11-13z-1 and §18-2-19 would provide teachers employed by county boards to serve in “critical needs areas,” as defined by the state Board of Education, would receive $1,000 for the first three years of county board employment in a critical need area and $500 for years four through eight if teaching in the critical need area.

The WVBE rule would have to be developed by July 1, 2009.

The definition is to determine standards defining  “critical needs shortage areas”  in both subject matter and geographic areas.

 Sponsored by Sen. John Unger, D-Berkeley. Introduced Feb. 16. Referred to Senate Education then Senate Finance. There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb265%20intr.htm&yr=2009&sesstype=RS&i=265

Also refer to House Bill 2730. Under its provisions, the credit for the first three years of employment would “equal the taxes on personal income due by that taxpayer for the tax year. If the taxpayer continues to teach in a critical needs area for an additional period of (5) years , the tax credit shall then equal (50 percent) of the taxes due by that taxpayer for the next five tax years.

 The state Board would define “critical needs areas.”

There are six House sponsors, including lead sponsor Del. Williams. Introduced Feb. 20. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2730%20intr.htm&yr=2009&sesstype=RS&i=2730

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

WVBE would be required to develop drug safety program

Senate Bill 296. Proposed §18-2-38 would would require the state Board of Education to create a school drug safety program.

The bill would require the program to include drug testing of individuals prior to being hired, transferred or promoted to positions within a school and include random drug testing of all individuals employed in a school.

These are among bill provisions, namely to:

• Declare that all county board employees who are “employed in a school are employed in safety sensititve positions and that the use of illegal drugs by these employees could endanger the lives and safety of school children.”
• Additionally, the bill states, ““the safety issues which face schools are constantly changing; (that) the safety of school children should be a priority of the state.”

West Virginia Board of Education responsibility

• Require the WVBE to “ create a school drug safety program which shall include drug testing of all individuals prior to hiring, transferring or promoting to positions within a school.”
• Include “ random drug testing of all individuals employed in a school” as part of the drug safety program.

Program goals

• Establish Program goals that, at a minimum, would:

1. (Prohibit) employees of county boards of education from manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in chapter sixty-a of this code;
2. (Provide) that employees who personally use or who are designated to administer to a student a drug authorized by and administered in accordance with a prescription from a health professional are not violating the program;
3. (Require), prior to hiring, promoting or transferring an individual into an employment position in a school, the individual to submit to a urinalysis test for the purpose of detecting illegal use of drugs;
4. (Require) all individuals employed in a school when the program takes effect, to take the initial drug testing required for pre-employment;
5. (Establish) a random drug testing program for all individuals employed in a school;
6. (Provide) a process to reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable;

Confidentiality

7. (Require) that appropriate measures are taken to protect confidentiality throughout the testing process and in the handling of test results;
8. (Restrict) access to drug testing results on a need-to-know basis to those persons in positions designated by the county superintendent;
9. (Provide)that each county board of education will be responsible for the cost of all testing required under the program; and
10. (Specify) disciplinary actions for those found in violation of the program.

The bill would define "individuals employed in a school"  to include “all employees of a county board who may have contact with students as a part of their job responsibilities and all other persons who are permitted by a school or a county board to have contact with students either on or off of school property, including, but not limited to, field trips and athletic events.”

Sponsored by Sen. Sypolt. Introduced Feb. 19. Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb296%20intr.htm&yr=2009&sesstype=RS&i=296

The House companion measure is House Bill 2341. There are eight House sponsors, including lead sponsor Del. Perry. Introduced Feb. 13. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2341%20intr.htm&yr=2009&sesstype=RS&i=2341

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

Proposed legislation concerns continuing contract status for teachers working in state correctional institutions

House Bill 2349. Proposed revisions to §18-2-13f would provide for continuing contract status for teachers providing educational services in state correctional institutions. It also would establish dismissal and suspension procedures for these positions.

The measure would require teachers in these institutions to execute a contract with the state Board of Education.

The contract would specify the salary these teachers are to be paid.

Each contract would be signed by the teacher and state Board of Education president.

These contracts would be modeled after those for public school teachers in terms of continuing contract status and in terms of dismissal or suspension, including procedures for hearings.

The proposed legislation would allow the WVBE to employ auxiliary and service personnel at correctional institutions.

This proposed section also contains language relating to their employment.

There are other provisions.

Sponsored by Del. Paxton. Introduced Feb. 13. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2349%20intr.htm&yr=2009&sesstype=RS&i=2349

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

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

House Bill 2352. Proposed §18-2-13f would provide WVBE  “nonsupervisory” employees with the same employment rights and protections against “summary dismissal” as those applicable to county board employees especially in terms of continuing contracts and dismissal for cause.

Sponsored by Del. Danny Wells, D-Kanawha. Introduced Feb. 13. Referred to House Education then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2352%20intr.htm&yr=2009&sesstype=RS&i=2352

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

State Superintendent would be authorized to establish “School Choice Zones”

House Bill 2384. Proposed revisions to §18-5-16 would allow the State Superintendent of Schools, in terms of inter-county student transfers, to designate “school choice zones” if multiple appeals regarding requests for inter-county student transfers are being received from the “same geographical area of a county.”

The measure would allow the state Superintendent to “designate that geographical area a school choice zone, and any student residing in the school choice zone may transfer from the sending county to the receiving county if the student wishes.”

In terms of the Public School Support Program (PSSP), “if a student transfers to a receiving county after his or her area of residence  has been designated a school choice zone, the student shall be counted in the net enrollment of the receiving county.”

There are other provisions.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 13. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2384%20intr.htm&yr=2009&sesstype=RS&i=2384

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

Fireworks displays would be allowed on school property

House Bill 2519. Proposed revisions to §29-3-24 and §18-5-16 would allow fireworks displays on public school property upon approval of the State Superintendent of Schools and the State Fire Marshal.

There are six House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Feb. 17. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2519%20intr.htm&yr=2009&sesstype=RS&i=2519

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

“Celebrate Freedom Week” proposed

House Bill 2551. Proposed revisions to §18-2-9 would institute a "Celebrate Freedom Week.” As stated in the proposed statutory revision, “In order to educate students about the sacrifices made for freedom in the founding of this country and the values this country was founded upon, a full week of classes, during the week that September 11 occurs, shall be recognized in all public schools located within this state as "Celebrate Freedom Week."

"’Celebrate Freedom Week’" must include at least (3) hours of appropriate instruction, including an in-depth study of the intent, meaning and importance of the Declaration of Independence and the Constitution of the United States with an emphasis on the Bill of Rights, using the historical, political and social environments surrounding each document at the time of its initial passage or ratification, and shall include the study of historical documents leading to the establishment of the Declaration, the Constitution, and the Bill of Rights by the founding fathers for the purposes of safeguarding our constitutional republic."

There are four House sponsors, including lead sponsor Del. Armstead. Introduced Feb. 17. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2551%20intr.htm&yr=2009&sesstype=RS&i=2551
 
 Similar proposals have been introduced/considered in a past legislative session or sessions. 

 

State Board would determine what principal and teacher reports are “unnecessary”

House Bill 2559.  Proposed §18-2-5h would direct the state Board of Education to determine what principal and teacher reports are unnecessary; and to require the state board to identify these reports to the Legislature with recommendations on how to alleviate the administrative burden of these reports on principals and teachers.

The proposed language reads:

“The state board shall study, evaluate and determine all reports required to be generated by principals and teachers to determine those reports that are unduly burdensome, repetitive, unnecessary, counterproductive or outdated in effort to alleviate the administrative burden on principals and teachers.

The state board shall identify any such reports, together with any comments and recommendations on how to reduce or consolidate these reports, to the Legislative Oversight Commission on Education Accountability, no later than December 31 of each year.”

Sponsored by Dels. Armstead, and Patti Eagloski Schoen, R-Putnam. Introduced Feb. 17. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2559%20intr.htm&yr=2009&sesstype=RS&i=2559

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

 

Bill would require instruction on macroeconomics

House Bill 2580. Proposed §18-2-9a would direct the State Board of Education to develop a program of instruction on macroeconomics, the curriculum to include the basic principles of capitalism, the role capitalism played in the founding of our country and the writing of the United States Constitution, and the positive results capitalism has produced in the United States by improving our citizens' quality of life. (Taken from the Bill Note.)

There are 8  House sponsors, including lead sponsor Del. Jonathan Miller, R- Berkeley. Introduced Feb. 18. Referred to the House Education Committee.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2580%20intr.htm&yr=2009&sesstype=RS&i=2580

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

Measure relates to sale of ‘healthy beverages and soft drinks in schools”

House Bill 2588.  Proposed revisions to §18-2-6a would allow  only healthy beverages and healthy or nutritional snacks may be sold in the county school system.

Accordingly, “healthy beverage” is defined as meaning water, 100 percent fruit and vegetable juice with no added sugars flavored or unflavored nonfat, low-fat milk.

Fruit and vegetable juice portion sizes should be limited to no more than 4 ounces for elementary students and no more than 8 ounces for middle or high school students per product or package .

Coffee, coffee-based products and caffeine containing beverages, with the exception of those containing trace amounts of naturally occurring caffeine substances, are prohibited.

“Healthy or nutritional snacks" would be defined as meaning fruits, vegetables, cheese, yogurt, grain foods containing whole grain as the first listed ingredient, nuts and/or seeds.

The legislation states “Nutritional elements on healthy snacks should:

1. Limit total calories to no more than 200 per product or package;
2. Limit total fat to no more than 35 percent of calories per product or package excluding nuts, seeds or cheese;
3. Limit saturated fat to less than 10 percent of the total calories;
4. Limit trans fat to less than or equal to 0.5 grams per product or package;
5. Reduce sugar content of food items to no more than 35 percent of calories per product excluding fruits;
6. Limit sodium to no more than 200 milligrams per product or package.

There are four House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 18. Referred to House Health and Human Resources then House Education

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2588%20intr.htm&yr=2009&sesstype=RS&i=2588

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

Archery safety course proposed

House Bill 2637. Proposed §18-2-8b would require the state Board of Education,  with the advice and participation of the Division of Natural Resources, to “prescribe a curriculum to teach hunter education that shall include instruction in archery safety. Each high school in the state shall include the course of study for its students.”

There are eight House sponsors, including lead sponsor Del. Eldridge. Introduced Feb. 18. Referred to House Natural Resources then Education

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2637%20intr.htm&yr=2009&sesstype=RS&i=2637

 

Bill would specify topics to be covered in school programs relating to personal finance

House Bill 2714. . Proposed revisions to §18-2-7c would require public school personal finance curricula to include instruction on “management of checking and savings accounts, loans, credit card use, interest rates and IRAs.”

There are five House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 20. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2714%20intr.htm&yr=2009&sesstype=RS&i=2714

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

 

West Virginia Higher Education Policy Commission (HEPC)

Proposal relates to incentives for acquiring GED degree
Senate Bill 273. Proposed §11-13Z-1, -2 and §18B-10-7c would create incentives for persons to acquire a General Education Degree (GED).

These are among provisions:

1. Employers would receive a tax credit when allowing employees a “minimum…five hours per week paid release time to study for the (GED).” The credit would be in an amount equal to one-half of the employee’s hourly salary for the release time, up to $1,250.
2. If the employer enters into a “learning contract,” allowing more than one employee  the minimum hours of paid release time, the credit allowed would be multiplied by the number of employees.
3. The credit would first be applied to the business franchise tax, and then to the taxpayer’s personal income tax liability or corporation net income tax liability, as the case may be.
4. Tuition discounts would be granted to GED students, meaning students who have been out of school for three years, who have entered into a learning contract with an adult education program and their employer and who have completed the learning contract, acquiring a GED within one year.
5. The discount would be $250 per semester for a maximum of four semesters.
6. Currently enrolled students wouldn’t be eligible for the discount.
7. The learning contract would be maintained by the adult education program.

Sponsored by Sen. Unger. Introduced  Feb. 17.  Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb273%20intr.htm&yr=2009&sesstype=RS&i=273

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

Measures relate to loan forgiveness programs for nurses

Senate Bill 304. Proposed §18C-3-4 would pay 15 percent of graduate nursing students’ federal loans if they qualify for the federally run Nurse Faculty Loan Program and teach in West Virginia for 4 years after graduation.

Sponsored by Sen. Mike Oliverio, D-Monongalia. Introduced Feb. 19. Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb304%20intr.htm&yr=2009&sesstype=RS&i=304

A related bill, House Bill 2391, would establish the Nursing Education Student Loan Fund which would consist of various legislative appropriations, loan repayments, funds received from nursing associations, hospitals, political subdivisions, including “external sources.”
State residents would have priority for receipt of these loans.

Individuals would be eligible for the loans if:

1. “ Demonstrating financial need;
2. Meeting established academic standards;
3. Is enrolled or accepted for enrollment in an accredited institution of higher education in this state in a program leading to the degree of licensed practical nurse or registered nurse;
4. Not yet receiving one of the degrees…, and
5. Not defaulting on any previous student loan.”

The bill states that at the end of each Fiscal Year, “any individual who has received a nursing student loan and rendered services as a licensed practical nurse or registered nurse in this state in a medically underserved area or in a nursing specialty in which there is a shortage of qualified nurses, as determined by the Division of Health at the time the loan was granted, may submit to the commission a notarized, sworn statement of service on a form provided for that purpose.”

Upon receipt of the statement the (Higher Education Policy Commission) shall cancel $5,000 of the outstanding loan or loans for every full twelve consecutive calendar months of such service.

The bill has various reportage requirements, including the number of loans awarded, the amount of unexpended moneys for such loans, and the rate of any loan payment defaults.

There are other provisions.

Sponsored by Del. Harold Michael, D-Hardy. Introduced Feb. 13. Referred to House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2391%20intr.htm&yr=2009&sesstype=RS&i=2391

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

Settlement proceeds held for a minor may be invested in a Smart 529 college savings plan

Senate Bill 316. Proposed revisions to §44-10-14 would authorize that net settlement proceeds held for a minor may be invested in a Smart 529 college savings plan.

Sponsored by Sens. Corey Palumbo, D-Kanawha, and Jeffrey Kessler, D-Marshall. Introduced Feb. 20. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb316%20intr.htm&yr=2009&sesstype=RS&i=316

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

Fee waivers would extend to all public higher education institutions

House Bill 2340. Proposed revisions to §18B-10-5 would allow current undergraduate, professional and graduate school  fee waivers available at  Marshall University and West Virginia to be  to apply to all state higher education institutions.

(Existing law restricts higher education institutions other than Marshall University and West Virginia University from having fee waiver  totaling more than 5 percent of the tuition and fees assessed for all full-time undergraduate students registered to attend those institutions, based on student registrations for the preceding year.)

For undergraduate faculty and staff who are not state residents, the fee waiver applies only to the amount of in-state tuition.

 Sponsored by Dels. Doyle and Campbell. Introduced Feb. 13. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2340%20intr.htm&yr=2009&sesstype=RS&i=2340

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

Jackson’s Mill 4-H Camp Checkoff Program proposed

House Bill 2358. This bill is the same as Senate Bill 22. It would  establish a Jackson's Mill 4-H Camp income tax checkoff program.

There are three House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Feb. 13. Referred to House Agriculture then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2358%20intr.htm&yr=2009&sesstype=RS&i=2358

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

Fee waivers would be available to child survivors of domestic violence

House Bill 2399. Proposed revisions to §18B-10-7 would provide tuition and fee waivers at public institutions of higher education for certain children survivors of domestic violence deaths.

Sponsored by Del. Carmichael. Introduced Feb. 13. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2399%20intr.htm&yr=2009&sesstype=RS&i=2399

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

Tax credit would be available for scholarship donations

House Bill 2453. Proposed revisions to §11-21-8 would allow taxpayers to receive a tax credit for scholarship donations, based on a $1 credit for each $1 donated to scholarships.

There would be no cap on the donation or credit.

Sponsored by Dels. J. Miller and Daryl Cowles, R-Morgan. Introduced Feb. 16. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2453%20intr.htm&yr=2009&sesstype=RS&i=2453

Also refer to House Bill 2582. It provisions would to provide a tax credit to corporations of up to 50 percent of their primary tax liability for contributing to scholarship funds.

There are five House sponsors, including lead sponsor Del. J. Miller. Introduced Feb. 18. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2582%20intr.htm&yr=2009&sesstype=RS&i=2582

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

 

Measure would provide ‘more flexibility and freedom’ to public institutions of higher education

House Bill 2481.  According to the Bill Note, the purpose of this proposed legislation is to give state institutions of higher education more flexibility in the planning and operation of their schools.

Note: This legislation will be discussed in a subsequent issue of The Legislature.

There are five House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 16. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2481%20intr.htm&yr=2009&sesstype=RS&i=2481

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

Abortions would be prohibited at state institutions of higher education

House Bill 2543. Proposed §18B-2A-4 would Prohibit abortions at state college or university medical facilities, except when the abortion is necessary to save the life of the woman receiving the abortion.

Sponsored by Dels. Schoen and Craig Blair, R-Berkeley. Introduced Feb. 17. Referred to House Health and Human Resources then House Judiicary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2543%20intr.htm&yr=2009&sesstype=RS&i=2543

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

Higher Education Flexibility Act would apply to apply to institutions that independently offer graduate degrees

House Bill 2550.  Proposed revisions to §18B-2A-8 would extend the provisions of the Higher Education Flexibility Act to institutions of higher education that offer graduate degrees and are not or are no longer administratively linked to another institution of higher education.
There are three House sponsors, including lead sponsor Del. Doyle. Introduced Feb. 17. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2550%20intr.htm&yr=2009&sesstype=RS&i=2550

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

Promise would become “Forgivable Student Loan Program”

House Bill 2556. Proposed revisions to §18C-7-1 et. seq. would change the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program.

The measure would establish deferment and forgiveness conditions.

Accordingly, if a graduate lives and works in this state for four years after graduation, the total amount of the forgivable loan would be forgiven.

Recipients also would be able to defer repayment of the amount of their forgivable loans, in whole or in part, as long as they are enrolled in and successfully completing a course of study in an eligible institution or if they choose to work inside the state after graduation and file a West Virginia resident personal income tax return.

There are other provisions.
Sponsored by Dels. Carmichael and Walters. Introduced Feb. 17. Referred to House Judiciary.

Reference: The Legislature’s reference is incorrect as listed on their Website.

Also refer to House Bill 2599. This is an identical measure. Sponsored by Dels. Carmichael and Walters. Introduced Feb. 17. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2599%20intr.htm&yr=2009&sesstype=RS&i=2599

There are three House sponsors, including lead sponsor Del. Carmichael. Introduced Jan. 19. Referred to the House Education Committee, then House Finance Committee,

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

Tuition, fee waiver proposed for members of the State Police who attend higher education institutions

House Bill 2617. Proposed revisions to §15-2-53 would provide for a waiver or reimbursement of tuition and fees for members of the West Virginia State Police attending institutions of higher education.

If attending a private higher education institution, the member of the State Police would receive a tuition fee waiver or reimbursement as determined by the State Police Superintendent. The amount cannot equal more than that of “the highest tuition and fees payable at any state-supported school.”

There are other provisions.

There are seven House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 18. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2617%20intr.htm&yr=2009&sesstype=RS&i=2617

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

 

Teachers Retirement System (TRS)

Bill would make technical changes to TRS statutes

Senate Bill 287. The purpose of this legislation is to make technical changes to various statutes relating to the state Teachers Retirement System.

There are numerous provisions.

Sponsored by Sen. Dan Foster, D-Kanawha. Introduced Feb. 18. Referred to Senate Pensions then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb287%20intr.htm&yr=2009&sesstype=RS&i=287

The measure is the same as House Bill 2703. Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Feb. 20. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2703%20intr.htm&yr=2009&sesstype=RS&i=2703

Measure relates to minimum guarantees provided to members who elected to transfer from Teachers’ Defined Contribution System to TRS

Senate Bill 288. Proposed revisions to §18-7D-11   would clarify that upon withdrawal from either the Teachers' Retirement System or the Teachers' Defined Contribution Retirement System, members are eligible to receive a return of their member contributions.

This appears to be technical cleanup language.

Sponsored by Sen. Foster. Introduced Feb. 18. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb288%20intr.htm&yr=2009&sesstype=RS&i=288

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

TRS retirees who retired in March 1972 would see retirement benefits exempted from personal income tax

Senate Bill 303. Proposed §11-21-97 would allow TRS retirees who decided to retire on or before March 6, 1972, to “participate to the full extent of their salary in the (TRS to be) exempt from the payment of state income tax to the extent of the (TRS) benefits received.”

Sponsored by Sen. Oliverio. Introduced Feb. 19. Referred to Senate Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb303%20intr.htm&yr=2009&sesstype=RS&i=303

Also refer to House Bill 2345. It and Senate Bill 11 are similar to Senate Bill 303.

House Bill 2345 is sponsored by Del. Beach. Introduced Feb. 13. Referred to House Pensions and Retirement then House Finance.
There is a Fiscal Note request.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2345%20intr.htm&yr=2009&sesstype=RS&i=2345

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

Six month waiting period would be eliminated for teachers to receive disability retirement benefits

House Bill 2338.  Proposed §18-7A-25 would Eliminate the six month waiting period for those in the Teachers Retirement System to receive disability retirement benefits.

There are 10 House sponsors, including lead sponsor Del. Sam Argento, D-Nicholas. Introduced Feb. 13. Referred to House Pensoins and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2338%20intr.htm&yr=2009&sesstype=RS&i=2338

TRS retirees would receive supplement after being retired five consecutive years

House Bill 2385. Proposed §18-7A-26v would provide a one-time supplement for annuitants and survivor beneficiaries who have been retired five consecutive years.

There are seven House sponsors, including lead sponsor Del. Marshall. Introduced Feb. 13. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2385%20intr.htm&yr=2009&sesstype=RS&i=2385

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

House Bill 2645, a related measure, would provide one-time supplements to all TRS annuitants when they reach age 70.

There are four House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 18. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2645%20intr.htm&yr=2009&sesstype=RS&i=2645
.  

Also refer to House Bill 2410. This measure would provide a one-time bonus for TRS retirees (and Public Employees Retirement System) employees.

It would be payable every July starting this year.

There are nine House sponsors, including lead sponsor Del. Perry. Introduced Feb. 16. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2410%20intr.htm&yr=2009&sesstype=RS&i=2410

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

Bills relate to TRS COLA provisions

House Bill 2709. Proposed §18-7A-26v , would provide a Cost-Of-Living (COLA) increase, based on the annual increase in the Consumer Price Index, for persons under the Teachers Retirement System that are at least age 60 and that have received retirement payments for at least 5 years.

There are eight House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 20. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2709%20intr.htm&yr=2009&sesstype=RS&i=2709

House Bill 2726 would provide a COLA provision for TRS retirees who have been receiving a disability annuity for 5 years as well as all annuitants who are age 62 or older who have been receiving TRS benefits for 5 years.

There are nine House sponsors including lead sponsor Del. Campbell. Introduced Feb. 20. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2726%20intr.htm&yr=2009&sesstype=RS&i=2726

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

Former CETA employees would be able to purchase TRS service credit

House Bill 2390.  Proposed revisions to §18-7A-17  would allow the purchase of TRS service credit for temporary employment under the Comprehensive Employment and Training Act (CETA). There are various provisions specifying  the cost of the service credit to be purchased.

Sponsored by Del. Michael. Introduced Feb. 13. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2390%20intr.htm&yr=2009&sesstype=RS&i=2390

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

TRS members would have option to purchase service credit for work missed as a result of pregnancy

House Bill 2577.  Proposed revisions to §18-7A-14c would allow a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of TRS service credit.

There are three House sponsors, including lead sponsor Del. Walter Duke, R-Berkeley. Introduced Feb. 18. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2577%20intr.htm&yr=2009&sesstype=RS&i=2577

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

 

 

Public Employees Insurance Agency (PEIA)

Optional plans could be made available as federal Section 125 plans

House Bill 2346. Proposed revisions to §5-16-15 would provide that the PEIA Finance Board may make optional plans available as an IRS plan or as part of the preferred provider benefits.

These relate to Optional dental, optical, disability and prepaid retirement plan and audiology and hearing-aid service plans.

There are nine House sponsors, including lead sponsor Del. Barbara Hatfield, D-Kanawha. Introduced Feb. 13. Referred to House Banking and Insurance then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2346%20intr.htm&yr=2009&sesstype=RS&i=2346

Bill would allow retired state employees to transfer from Medicare to PEIA

House Bill 2475. Proposed revisions to §5-16-7 would permit Medicare-eligible retired employees to transfer coverage from a Medicare-specific plan to coverage directly from PEIA.

There are eight House sponsors, including lead sponsor Del. Eldridge. Introduced Feb. 16. Referred to House Pensions and Retirement then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2475%20intr.htm&yr=2009&sesstype=RS&i=2475

PEIA coverage for pregnancy-related conditions would be available to dependents

House Bill 2482. Proposed revisions to §5-16-13 would extend PEIA coverage for pregnancy related conditions to covered dependants.

As stated in the bill, “any such spouse and dependent coverage so extended is limited to excess or secondary coverage for each spouse and dependent who has primary coverage from any other source.”

There are eight House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 14. Referred to House Banking and Insurance then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2482%20intr.htm&yr=2009&sesstype=RS&i=2482

Group insurance policies would have to cover Lyme Disease

House Bill 2605. Proposed §33-15-4j would require accident and sickness insurance providers and Health Maintenance Organizations (HMOs) to cover Lyme Disease treatments.

There are seven House sponsors, including lead sponsor Del. Ennis. Introduced Feb. 18. Referred to House Banking and Insurance then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2605%20intr.htm&yr=2009&sesstype=RS&i=2605

Volunteer Fire Departments could participate in PEIA

House Bill 2627.  Proposed revisions to §5-16-2 would permit volunteer firefighters to be covered by PEIA. The measure includes several definitions and related provisions necessary to make the coverage operational.

There are four House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 18. Referred to House Banking and Insurance then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2627%20intr.htm&yr=2009&sesstype=RS&i=2627

A related bill, House Bill 2655, would provide health and life insurance coverage for Crime Watch Members.

Sponsored by Dels. Rodighiero and Doug Reynolds, D-Cabell. Introduced Feb. 19. Referred to House Banking and Insurance then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2655%20intr.htm&yr=2009&sesstype=RS&i=2655

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

Bill would define PEIA term “Medicare Advantage Prescription Drug Plan”

House Bill 2646. Proposed revisions to §5-16-2 would define "Medicare Advantage Prescription Drug Plan" as a plan licensed by Centers for Medicare and Medicaid Services of the federal government to provide both medical and prescription drug benefits to Medicare recipients by a fee for service plan or through a preferred provider organization.

Sponsored by Dels. Rodighiero and Eldridge. Introduced Feb. 18. Referred to House Health and Human Resources then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2646%20intr.htm&yr=2009&sesstype=RS&i=2646

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

 

Unemployment Compensation (UC)

Measure would allow governor to grant extensions for Unemployment Compensation benefits when special economic circumstances exist

House Bill 2497.  Proposed revisions to §21A-6A-3 would grant the governor authority to grant an extension for unemployment compensation benefits when special economic circumstances exist.

Sponsored by Del. Caputo. Introduced Feb. 17. Referred to House Government Organization then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2497%20intr.htm&yr=2009&sesstype=RS&i=2497

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

Persons missing work due to domestic violence incidents would be able to receive Unemployment Compensation

House Bill 2768. Proposed revisions to §21A-6-3 would provide for payment of Unemployment Compensation when a person misses work due to domestic violence. The bill provides that the employer is not chargeable for benefits paid when the worker is unable to work due to domestic violence but that the benefits are paid from the General Unemployment Compensation Fund provided under §21A-8 et seq.

There are seven House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 19. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2678%20intr.htm&yr=2009&sesstype=RS&i=2678

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

Workers Compensation

Bill would remove Insurance Commissioner exemption from legislative review of Workers Compensation rules

House Bill  2473. Proposed revisions to §23-2C-2 would remove the current exemption of the Insurance Commissioner from legislative review of rules relating to the regulation of workers' compensation insurance market beginning July 1, 2010.

There are eight House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2473%20intr.htm&yr=2009&sesstype=RS&i=2473

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

 

Public Employees Retirement System (PERS)

Mental hygiene commissioners would be eligible for PERS coverage

House Bill 2398.  Proposed revisions to §5-10-17 would make mental hygiene commissioners eligible for PEIA membership.

Sponsored by Del. Michael. Introduced Feb. 13. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2398%20intr.htm&yr=2009&sesstype=RS&i=2398

COLA would be provided to disabled PERS annuitants

House Bill 2727.  Proposed revisions to §5-10-22k would provide a Cost-Of-Living increase to PERS members  receiving  a disability annuity. They must have been retired for 5 consecutive years and at least age 62.

(Note the above legislation, House Bill 2726, relating to TRS annuitants.)

There are four House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 20. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2727%20intr.htm&yr=2009&sesstype=RS&i=2727

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

EDUCATION-RELATED

Abortion

Bills relate to parental notification of minor’s decision to have an abortion procedure

House Bill 2455.  Similar to Senate Bill 33 which is reviewed in the Feb. 16 issue of The Legislature, this is a comprehensive measure concerning parental notification requirements for unemancipated minors who seek an abortion.

The bill requires physicians to obtain proof of age prior to the performance of an abortion on a pregnant woman. The bill provides for a constructive notice to parents of minors, and maintains information for a specified period in the minor's medical file. The bill creates penalties. The bill also provides for collection of fetal tissue in instances when the minor alleges sexual assault. Finally, the bill mandates specific reporting requirements.

There are five House sponsors, including lead sponsor Del. Brent Boggs, D-Braxton. Introduced Feb. 16. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2455%20intr.htm&yr=2009&sesstype=RS&i=2455

Also refer to House Bill 2598. It, too, is similar to Senate Bill 33 and House Bill 2455.

There are five House sponsors, including lead sponsor Del. Sammy Cann, D-Harrison. Introduced Feb. 18. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2598%20intr.htm&yr=2009&sesstype=RS&i=2598

House Bill 2493 would require a physician to receive written consent  from at least one parent or legal guardian before an abortion procedure could be performed on an unemancipated minor.

Sponsored by Dels. Blair and Sumner. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2493%20intr.htm&yr=2009&sesstype=RS&i=2493

House Bill 2590 would Requirie the Department of Health and Human Resources to maintain information for public dissemination relative to judicial bypasses to the requirement of parental notification relative to abortions performed on minors.

Sponsored by Dels. Thomas Porter, R-Mercer and Sumner. Introduced Feb. 18. Referred to House Government Organization then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2590%20intr.htm&yr=2009&sesstype=RS&i=2590

House Bill 2636 would require facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized signature of the parent; and providing a fine on the first offense of ten times the amount of the abortion and upon a subsequent offense closure of the facility for thirty days.

There are three House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 18. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2636%20intr.htm&yr=2009&sesstype=RS&i=2636

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

Transporting minor across state lines to receive an abortion would subject one, upon conviction, to a misdemeanor penalty

House Bill 2611. Proposed revisions to §5-10-22k would make it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents, or the legal guardians of the minor, and providing misdemeanor penalties.

There are four House sponsors, including lead sponsor Del. Soboyna. Introduced Feb. 18. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2611%20intr.htm&yr=2009&sesstype=RS&i=2611

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

Child Welfare

Tax credit for nonfamily adoptions would increase to $4,000

Senate Bill 266. Proposed §11-21-10a would raise the tax credit for nonfamily adoptions from $2,000 to $4,000.

Sponsored by Sen. Herb Snyder, D-Jefferson. Introduced Feb. 16. Referred to Senate Judiciary then Senate Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb266%20intr.htm&yr=2009&sesstype=RS&i=266

Name of juvenile delinquents age 10 and above who commit offenses would be released to public

House Bill 272.  Proposed revisions to §49-7-1 would allow the name and age of a child who is age 10 and above and the type of offense with which he or she is charged, to be released to the general public in cases in which the child has been found guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.

Sponsored by Sen. Boley. Introduced Feb. 16. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb272%20intr.htm&yr=2009&sesstype=RS&i=272

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

Also refer to House Bill 2371. This measure would allow for release of the identity of juveniles adjudicated or convicted of a crime to the victim of the juvenile offense.

There are three House sponsors, including lead sponsor Del. John Ellem, R-Wood. Introduced Feb. 13. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2371%20intr.htm&yr=2009&sesstype=RS&i=2371

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

Bill would create Juvenile Services Reimbursement Offender Fund

Senate Bill 281.  The purpose of this legislation, recommended by an 2008 interim legislative committee, is to create a special revenue account in the State Treasury known as the Juvenile Services Offender Fund to facilitate reimbursement of expenses incurred by the Division of Juvenile Services in housing juvenile status offenders.

There are three Senate sponsors, including lead sponsor Sen. Green. Introduced Feb. 17. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb281%20intr.htm&yr=2009&sesstype=RS&i=281

The House companion measure is House Bill 2569. There are four House sponsors, including lead sponsor Del. Perry. Introduced Feb. 17. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2569%20intr.htm&yr=2009&sesstype=RS&i=2569

Minor’s drug-testing records would be required to be released to parents

House Bill 2583. Proposed revisions to §16-29-1 would require health care providers to release unemancipated minor's medical records for drug testing to a parent or legal guardian without written consent from minor.

There are six House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 18. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2583%20intr.htm&yr=2009&sesstype=RS&i=2583

Juveniles would be tried as adults for child abuse crimes resulting in bodily injury or death

House Bill 2342. Proposed revisions to §49-5-10 would allow juveniles to be tried as adults for instances of child abuse resulting in bodily injury and child abuse which results in death.

Sponsored by Del. Bill Hamilton, R-Upshur. Introduced Feb. 13. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2342%20intr.htm&yr=2009&sesstype=RS&i=2342

Child drug addiction would be considered child abuse

House Bill 2452.  Proposed revisions to §61-8D-1 would define child abuse to include a child being born addicted to a controlled substance.

There are eight House sponsors, including lead sponsor Del. Eldridge. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2452%20intr.htm&yr=2009&sesstype=RS&i=2452

Also refer to House Bill 2693. That bill, which would amend §16-22-3, would expand newborn testing to include testing for illegal drugs in newborns.

There are seven House sponsors, including lead sponsor Linda Phillips, D-Wyoming. Introduced Feb. 20. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2693%20intr.htm&yr=2009&sesstype=RS&i=2693

Other bills include House Bill 2612. Amending §49-6A-8, it would increase criminal penalties for failing to report child abuse – from the current 10-day jail term or $100 fine or both to a 30-day jail term and $1,000 fine or both.

There are six House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 18. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2612%20intr.htm&yr=2009&sesstype=RS&i=2612

Another measure, House Bill 2613, would prohibit any law enforcement or other official from interfering in the service of a warrant in child abuse investigations and to provide a penalty for violations including dismissal or forfeiture of office.

There are seven House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 18. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2613%20intr.htm&yr=2009&sesstype=RS&i=2613

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

Parents would be prohibited from allowing sexually violent predators and registered sex offenders access to children

House Bill 2456.  Proposed revisions to §49-1-3 would prohibit parents, guardians or custodians from allowing sexually violent predators and registered child abusers access to children. The bill also makes some definitional changes in existing law and makes technical changes for purposes of consistency.

There are six House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2456%20intr.htm&yr=2009&sesstype=RS&i=2456

College attendance by noncustodial parent would not be used as grounds to modify a child support order House Bill 2380. Proposed revisions to §48-11-105 would revise existing law so that the attendance of college by a noncustodial parent may not be used as grounds to modify a child support order.

There are three House sponsors, including lead sponsor Del. Doyle. Introduced Feb. 13. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2380%20intr.htm&yr=2009&sesstype=RS&i=2380

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

Some employment-related expenses would be exempt from definition of “gross income” for child support purposes

House Bill 2386. Proposed amendments to §48-1-128 would define gross income for purposes of determining child support and to provide that some employment-related expenses are excluded from gross income. These include:

Dues, fees and expenses necessary to maintain membership in a professional organization, professional licensure or occupational or professional certification required for employment shall be deducted from gross income.

These include, but are not limited to:

1. Union membership dues, assessments or fees;
2. Fees for enrollment or training and certification in apprenticeship or journeyman programs;
3. Fees for professional licensure or certification; and
4. Fees and tuition for mandatory continuing education required to maintain professional licensure or certification, not to exceed $1,000 per calendar year.
There are other provisions.

Sponsored by Dels. Schoen and Caputo. Introduced Feb. 13. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2386%20intr.htm&yr=2009&sesstype=RS&i=2386

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

Bill relates to return of minor child at expiration of custody or visitation period

House Bill 2666. This bill has several proposed Code changes relating to child support most of which appear technical.

Other substantive changes relate to calculation of child support, parenting plans, determining, in terms of custody, what matters are in the child’s best interests,  allocation of custodial responsibilities, parental relocation, and related matters.

The bill, however, has a proposed provision that make it a crime if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period.

Sponsored by Del. Eldridge. Introduced Feb. 19. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2666%20intr.htm&yr=2009&sesstype=RS&i=2666

House Bill 2694, which amends §48-9-4-1a,  would establish some requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces; to require that any such order is only a temporary order; to allow the review of the temporary order to take precedence; to shift the burden of proof to the “nondeploying” parent or guardian for a final order.

There also are some definitional changes.

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Boggs. Introduced Feb. 20. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2694%20intr.htm&yr=2009&sesstype=RS&i=2694

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

 

Child advocacy center legislation proposed

House Bill 2537. Proposed §7-1-300 would allow county commission and a municipality (or any combination of county commissions and municipalities) to establish  “Child  Advocacy Centers" which would be used for the purpose of  “development and management of safe and appropriate facilities for multidisciplinary interviews of children who are suspected of being or alleged to have been abused or neglected.”

Each authority would be governed by an 11-member board appointed by the participating local governments as “agreed between the participating governmental entities or if a single entity as set out in the ordinance creating the authority.”

The bill has sections relating to authority meetings and functions, their organizational meetings, powers and duties.
Authorities are provided statutory sanction to acquire grants and other such funds to further their mission and goals.
Contracts
The authorities also may enter into various type contracts to  “carry out the purposes of this section with any person, public corporation, state or any agency or political subdivision thereof and the federal government and any department or agency thereof, including, without limitation, contracts and agreements for the joint use of any property and rights by the authority and any person or authority operating any system, whether within or without the jurisdictional limits of the authorizing entities establishing the authority, and contracts and agreements with any person or authority for the maintenance, servicing, storage, operation or use of any system or part thereof, facility or equipment on such basis as shall seem proper to its board.”;

Contributions to an authority would be deductible charitable contributions.

Authorities would be responsible for providing a “facility permitting the interview and treatment of child victims of physical and sexual abuse at one location and at one time by involved multidisciplinary representatives of health care organizations, child protective services, law enforcement and the courts.”

There are other provisions.

There are five House sponsors, including lead sponsor Del. Doyle. Introduced Feb. 16. Referred to House Political Subdivisions then House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2447%20intr.htm&yr=2009&sesstype=RS&i=2447

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

Measure relates to qualifying children of state employees receiving Children’s Health Insurance Program (CHIP) services

House Bill 2518. Proposed §5-16B-6e would qualify children of state employees and any other person employed in this state whose annual income is $25,000 a year or less for the West Virginia Children's Health Insurance Program.

Sponsored by Dels. Rodighiero and Eldridge. Introduced Feb. 17. Referred to House Health and Human Resources then House Finance.
There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2518%20intr.htm&yr=2009&sesstype=RS&i=2518

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

Factors for consideration in grandparent visitations would be revised

House Bill 2544. Proposed revisions to §48-10-502 would revise the grandparent visitation statute to include additional factors for consideration including the child's relationship with the parent contesting grandparent visitation, including any history of abuse by the parent, any criminal activity or history on the part of the parent and the amount of time the child spent with the grandparents prior to the absence of contact.

Sponsored by Del. Sumner. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2544%20intr.htm&yr=2009&sesstype=RS&i=2544

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

Leaving children unsupervised in a motor vehicle would become a crime

House Bill 2673. Proposed would state that leaving children  younger than age 6 unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes would become a crime or  “for any period of time if the motor vehicle is running or the health of the child is in danger.

The measure would allow law-enforcement officers to take necessary steps to protect children left unattended or unsupervised in a motor vehicle.

Those convicted of violating the statute would be guilty of a misdemeanor and could face fines and jail terms or both. Fines would range from $50 to $500 or a jail term of not more than 60 days, or both fines and jail time.

Two final bill provisions state that “notification shall be placed on the vehicle if the child is removed from the immediate area” and that the “child shall be remanded to the custody of the Department of Health and Human Resources pursuant to article two, chapter forty-nine, unless the law-enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.”

There are eight House sponsors, including lead sponsor Del. Reynolds. Introduced Feb. 19. Referred to House Roads and Transportation then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2673%20intr.htm&yr=2009&sesstype=RS&i=2673

Bill directs Department of Administration to study pilot day care centers which would be operated by the state

House Bill 2713. Proposed §5A-1-12 would authorize a study and investigation by the Department of Administration on the feasibility, implementation, effects and related issues in connection with creating a pilot program for child day care centers operated by the state.

It would require the Department of Administration to make its report prior to the Legislature’s Joint Committee on Government and Finance by January 1, 2010.

There are six House sponsors, including lead sponsor Del. Webster. Introduced Feb. 20. Referred to House Government Organization then House Judiciary.

Reference:http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2713%20intr.htm&yr=2009&sesstype=RS&i=2713

 

Crimes

Drug paraphernalia section would be repealed

Senate Bill 267. The purpose of this legislation is to repeal §47-19-1 et. seq. which allows for a business license to sell drug paraphernalia.

Sponsored by Sens. Snyder and Clark Barnes, R-Randolph. Introduced Feb. 16. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb267%20intr.htm&yr=2009&sesstype=RS&i=267

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

New penalties would be added for DUIs resulting in bodily injury or serious bodily injury

Senate Bill 317. Proposed revisions to §17C-5-2 would add new penalties when bodily injury or serious bodily injury is caused by someone who is driving under the influence, including making such a felony.

Upon conviction, the individual would be confined in a state correctional facility for not less than two nor more than 10 years and shall be fined not less than $1,000 nor more than $3,000.

The bill defines bodily injury and serious bodily injury.

There are other provisions.

There are three Senate sponsors, including lead sponsor Sen. Palumbo.

Introduced Feb. 20. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb317%20intr.htm&yr=2009&sesstype=RS&i=317

Mandatory community service would be required for persons guilty of DUIs

House Bill 2348. Proposed revisions to §17C-5-2 would require mandatory community service upon conviction of a misdemeanor offense of Driving Under the Influence and creation of a central registry of persons convicted of DUIs.

There are seven House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 13. Referred to House Roads and Transportation then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2348%20intr.htm&yr=2009&sesstype=RS&i=2348

Major proposal relates to reducing recidivism of offenders convicted of  alcohol DUIs

House Bill 2664.  This 53-page bill would be  known as the Evans-Perry Act to Reduce DUI Recidivism, in honor of the members of two families who were killed by a repeat drunk driver in Monongalia County, West Virginia, in July of 2007.

Among its many provisions, the legislation would require mandated participation in the Motor Vehicle Alcohol Test and Lock Program for all DUI offenders.

The bill also would remove expungement provisions for DUI offenders under age 21.

It also creates staggered sentencing procedures and requires offenders’ mandatory participation in community corrections programs.

In certain instances, repeat DUI offenders could drive only for the “purposes of getting to and from employment, school, or an alcohol treatment program.”

The bill provides reference to "structured sobriety groups"  which would include “any organization that has regular meetings focusing on sobriety, and includes, but is not limited to, organizations such as Alcoholics Anonymous.”

These groups would become key in the recidivism efforts.

There are several other provisions.

Sponsored by Del. Alex Shook, D-Monongalia. Introduced Feb. 19. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2664%20intr.htm&yr=2009&sesstype=RS&i=2664

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

Those convicted of felonies would be prohibited from voting

House Bill 2383. Proposed revisions to §3-1-3 would prohibit any person convicted of any felony from voting in a state election.

There are three House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced Feb. 13. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2383%20intr.htm&yr=2009&sesstype=RS&i=2383

Measure relates to ‘violent sex offenders’

House Bill 2396. Proposed §15-14-1 et. seq. would provide a procedure for committing violent sex offenders after they have served prison terms or when they have been found unfit to stand trial.

The bill itself would be known as the "Sexually Violent Predator Act.”

Among its many provisions, the legislation would require legal authorities, including county prosecuting attorneys, to be notified of the prospective release of “violent sexual offenders.”

Subsequently, various teams would be established  to evaluate these offenders for the potential to commit crimes after completing jail terms.

These multidisciplinary teams would include the Director of the Division of Corrections must appoint a multidisciplinary team to review the records of each person referred to the team which would be comprised of a representative from the Division of Corrections; a representative from the parole board; a representative from the Department of Health and Human Resources who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders; a retired judge appointed by the Chief Justice who is eligible for continued judicial service; an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice of the Supreme Court of Appeals to serve a term of one year.

Among the duties to be undertaken by these teams is a review of various records related to the offender’s criminal offense record, any relevant medical and psychological records, treatment records, victims’ impact statements, and any disciplinary or other records formulated during confinement or supervision.

The multidisciplinary team, within 30 days of receiving notice must assess whether or not the person satisfies the definition of a sexually violent predator.

If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim.

The bill provides extensive provisions for the trial and commitment of sexually violent predators to a secure “facility.”

Other sections relate to required registration of released sexually violent offenders.

There are several other provisions.

Sponsored by Del. Walters. Introduced Feb. 13. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2396%20intr.htm&yr=2009&sesstype=RS&i=2396

Similar proposals have been introduced/considered in a past legislative session or sessions.
House Bill 2465 is a related measure. It appears to make some technical revisions in statutes relating to sex offenders.

There are four House sponsors, including lead sponsor Del. Ellem. Introduced Feb. 16. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2465%20intr.htm&yr=2009&sesstype=RS&i=2465

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

Sex offenders would be required to register at the time in which they are incarcerated

House Bill 2546. Proposed amendments to §15-12-2 would require persons incarcerated for sex offenses to register as such at the time they are incarcerated.

There are six House sponsors, including lead sponsor Del.  Sobonya. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2546%20intr.htm&yr=2009&sesstype=RS&i=2546

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

Persons committing sex crimes against minors would have to wear GPS devices

House Bill 2704. Proposed amendments to §62-11D-3 would subject persons convicted of sexual offenses against minors who are on parole or probation to "GPS" monitoring for the duration of their life.

There are four House sponsors, including lead sponsor Del. Soboyna. Referred to House Judiciary then the House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2704%20intr.htm&yr=2009&sesstype=RS&i=2704

Also refer to House Bill 2728.  There are five House sponsors, including lead sponsor Del. Rowan. Introduced Feb. 20. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2728%20intr.htm&yr=2009&sesstype=RS&i=2728

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

Additional information to be included on sex offender registry

House Bill 2705.  Proposed revisions to §15-12-2 would require additional information to be included on the sex offender registry, namely Information related to the exact age of any victim of the offender at the time of the offense as well as information concerning the familial relation, if any, of the offender to the victim; information concerning any past sexual offenses committed by the offender; and information concerning any date or dates the offender will be eligible for parole.

There are eight House sponsors, including lead sponsor Del. Soboyna. Introduced Feb 20. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2705%20intr.htm&yr=2009&sesstype=RS&i=2705

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

Bill would eliminate “good time” for persons convicted of sex crimes involving children

House Bill 2707.  Proposed revisions to §28-5-27 would eliminate “good time” or “deduction from sentence for good conduct”  for persons convicted of sex crimes involving minor children.

There are five House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 20. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2707%20intr.htm&yr=2009&sesstype=RS&i=2707

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

State Police would be responsible for issuing administrative subpoenas in child pornography cases

House Bill 2400. Proposed revisions to §61-8C-6 would Establish the State Police as the entity which is authorized to issue administrative subpoenas to internet service providers in cases of suspected child pornography cases.

There are several provisions.

Sponsored by Del. Mahan. Introduced Feb. 13. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2400%20intr.htm&yr=2009&sesstype=RS&i=2400

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

Salvia divinorum would be added to list of controlled substances

House Bill 2415.  Proposed revisions to §60A-2-204 would Identify salvia divinorum as a hallucinogen, adding it to the list of controlled substances.

There are three House sponsors, including lead sponsor Del. Daniel Poling, D-Wood. Introduced Feb. 16. Referred to House Health and Human Resources Committee then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2415%20intr.htm&yr=2009&sesstype=RS&i=2415

 

Inmates would receive a sentence reduction if completing education and rehabilitation programs

House Bill  2419. . Proposed revisions to §31-20-5d would authorize the West Virginia Regional Jail and Correctional Facility Authority to grant time off of the sentence for certain convicted inmates sentenced to confinement in a regional jail for completion of education and rehabilitation programs.

There are five House sponsors, including lead  sponsor Sen. Perry. Introduced Feb. 16. Referred to House Judiciary.

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

Bill concerns possession  threshold of controlled substances for “intent to deliver”

House Bill 2496.  Proposed revisions to §60A-4-401a would establish threshold quantities of certain controlled substances to trigger prima facie evidence of intent to deliver if possessed by an individual.’

Under terms of the bill, prima  facie evidence of intent to distribute or deliver the following controlled substances is established in the event a person possesses, at least as much as any of the following threshold amounts of the particular controlled substance:

• 45 grams of marijuana;
• grams of cocaine base;
• 3 grams of cocaine;
• 3 grams of methamphetamine; and
• 3 grams of heroin

Sponsored by Dels. Iaquinta and Joe Talbott, D-Webster. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2496%20intr.htm&yr=2009&sesstype=RS&i=2496

House Bill 2562, a related measure, would create the felony offense of unlawful possession of cocaine.

There are three House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 17. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2562%20intr.htm&yr=2009&sesstype=RS&i=2562

Measure establishes West Virginia Drug Offender Accountability and Treatment Act

House Bill 2684. Proposed §62-15-1 et. seq. would  establish a structural framework to ensure that constitutional rights are protected and that each court follows similar sentencing and operational guideline in cases involving drug offenses.

Based on the Bill Note, “the primary objective this model legislation is to address the challenges created by the serious problem of addiction in our judicial system.”

An interim legislative session proposal, the legislation was based on recommendations of the National Association of Drug Court Professionals (NADCP) Board of Directors’ Drug Policy Committee.

Accordingly, the Bill Note states the  “legislation is intended to result in:

1. a reduction in recidivism;
2. cost savings and benefits resulting from fewer incarcerations; and
3. encouraging the productivity of citizens while spending tax dollars in the most effective way”

There are five House sponsors, including lead sponsor Del. Cliff Moore, D-McDowell. Introduced Feb. 19. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2684%20intr.htm&yr=2009&sesstype=RS&i=2684

Also refer to House Bill 2594. Proposed §62-12-2 would require  persons convicted of drug -related crimes must participate in a substance abuse counseling program to be eligible for probation.

There are three House sponsors, including lead sponsor Del. Reynolds. Introduced Feb. 18. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2594%20intr.htm&yr=2009&sesstype=RS&i=2594

Finally, refer to House Bill 2729. That measure would create the West Virginia Addictions Treatment and Recovery Fund by dedicating 5 cents per ounce of the uniform price of alcoholic liquors sold in this state to the fund.

There are nine House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 20. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2729%20intr.htm&yr=2009&sesstype=RS&i=2729

Bill clarifies language relating to “on or about the person”

House Bill 2422.  Proposed revisions to §61-7-2  would define   "On or about the person"  in terms of weapon possession as meaning “one who has a deadly weapon anywhere sufficiently close to be convenient in access or within immediate physical reach.”

There are nine House sponsors, including lead sponsor Del. Williams. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2422%20intr.htm&yr=2009&sesstype=RS&i=2422

Measure concerns “acts of violence” on school property

House Bill 2440. Proposed revisions to §61-6-17 would define “acts of violence” as including the following:

1. The presence of unauthorized armed individual on school property;
2. Individuals committing life threatening action which causes or is likely to cause serious bodily injury upon any other individual while on school property; or
3. The kidnapping or holding hostage of any student, faculty or staff or any other individual on school property.

Sponsored by Del. Hamilton. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2440%20intr.htm&yr=2009&sesstype=RS&i=2440

Measure relates to identity theft

House Bill 2490. Proposed revisions to §61-3-54 would include persons who participate in or who contribute to taking a person's identity with fraudulent intent under the provisions of the criminal offense of taking the identity of another person.

There are four House sponsors, including lead sponsor Del. Argento. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2490%20intr.htm&yr=2009&sesstype=RS&i=2490

Lying to deputy sheriff or municipal police officer conducting an investigation would be a felony

House Bill 2554. Proposed revisions to §61-5-17 would make  it a felony to lie to a deputy sheriff or municipal police officer who is conducting an investigation.

Sponsored by Dels. Larry Barker, D-Boone and Eldridge. Introduced Feb. 17. Referred to House Finance.

Reference: The Legislature’s Website reference is not available.

Crimes against the person would include all “government workers”

House Bill 2566. Proposed revisions to §61-2-10b would expand the applicability of increased criminal penalties for battery, malicious assault and unlawful assault against a government employee or contract worker to include all government workers and to expand this existing protection for health care workers to include contract health care workers.

There are nine House sponsors, including lead sponsor Del. Mahan. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2566%20intr.htm&yr=2009&sesstype=RS&i=2566

For a similar bill, refer to House 2710. It relates to Department of Health and Human Resources employees.

There are eight House sponsors, including lead sponsor Del. Mahan. Introduced Feb. 20. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2710%20intr.htm&yr=2009&sesstype=RS&i=2710

A third bill, House Bill 2716, would clarify criminal penalty provisions for battery of a police officer.

They would include a fine of up to $500 or a jail term of 1-12 months or both for a first offense and a fine of up to $2,000 or imprisonment in a state correctional facility for 2-5 years or both.

Sponsored by Dels. Campbell and Ray Canterbury, R-Greenbrier. Introduced Feb. 20. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2716%20intr.htm&yr=2009&sesstype=RS&i=2716

Elections

Write-in candidates would have to pay filing fee

Senate Bill 271. Proposed revisions to §3-5-8 would require write-in candidates for public office to pay a filing fee for the office sought.
Sponsored by Sen. Williams. Introduced Feb. 16. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb271%20intr.htm&yr=2009&sesstype=RS&i=271

The House companion measure is House Bill 2657.There are  nine House sponsors, including lead sponsor Del. Stan Shaver, D-Preston. Introduced Feb. 19. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2657%20intr.htm&yr=2009&sesstype=RS&i=2657

Measure would establish state Supreme Court of Appeals Public Campaign Financing Pilot Program

Senate Bill 311. The purpose of this 33-page bill is to establish a pilot system for public funding of 2012 election campaigns for candidates for the State Supreme Court who agree to and do abide by restrictions on campaign contributions from private sources and limits on campaign spending.

Sponsored by Sen. Kessler. Introduced Feb. 20. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb311%20intr.htm&yr=2009&sesstype=RS&i=311

A related measure is House Bill 2603. It would require election of all justices to the West Virginia Supreme Court of Appeals and all circuit court judges on a nonpartisan basis.

There are six House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 18. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2603%20intr.htm&yr=2009&sesstype=RS&i=2603

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

County commissions could authorize voting locations other than the county courthouse or courthouse annex for early voting

Senate Bill 314. Proposed revisions to §3-3-1 would authorize county commissions to designate locations for early voting other than the county courthouse or annex of the courthouse.

There are four Senate sponsors, including lead sponsor Sen. Palumbo. Introduced Feb. 20. Referred to Senate Government Organization then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb314%20intr.htm&yr=2009&sesstype=RS&i=314

The House companion measure is House Bill 2464. There are five House sponsors, including lead sponsor Del. Spencer. Introduced Feb. 16. Referred to House Political Subdivisions then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2464%20intr.htm&yr=2009&sesstype=RS&i=2464

Poll clerks would have to vote in precincts where registered

House Bill 2662. Proposed revisions to §3-1-47 would require election officials, poll clerks and poll workers to vote in the precincts where they are registered to vote.

Sponsored by Del. Reynolds. Introduced Feb. 19. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2662%20intr.htm&yr=2009&sesstype=RS&i=2662

 

Governmental Entities

Children’s Immunization exemptions would be permitted based on religious belief

Senate Bill 1.  Proposed revisions to §16-3-4 and -5 would establish medical and nonmedical exemptions from mandatory immunizations for school children.

The bill would require parents and guardians to assert their conscientious or religious beliefs in an affidavit.

Parents or guardians seeking an exemption for a child would be required to present an affidavit affirming that they have completed and understood an educational course approved by the Commissioner of Public Health regarding the risks and benefits of immunizations, to be provided by the Bureau for Public Health, before the exemption could apply.

Additionally, the bill would remove students who are not immunized from school in times of emergency or epidemics.

The bill provides that the Commissioner of the Bureau of Health may by rule add or delete diseases for which vaccines are required for school attendance.

There are other provisions.

Sponsored by Sen. Foster. Introduced Feb. 11. Referred to Senate Health and Human Resources then Senate Finance.

A Fiscal Note has been requested.

Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb1%20intr.htm&yr=2009&sesstype=RS&i=1

Bill establishes criminal penalty for manufacturing of a controlled substance while a child is present in the home

Senate Bill 36. Proposed revisions to §49-6-5 would establish criminal penalties for parents engaging in controlled substance activities with a child or children present.

Sponsored by Sen. Unger. Introduced Feb. 11. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb36%20intr.htm&yr=2009&sesstype=RS&i=36

Insurance carriers would have to “cover” autism

Senate Bill 77. Proposed §33-15-22 would require insurers to “provide…full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder, regardless of whether such prevention, early detection, diagnosis or treatment methods are research based or experimental.”

Additionally, insurance policies would have to “…provide full in-state or in-network coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder even if the individual is unable to receive a service, or treatment, within the State of West Virginia and must receive this service or treatment from an out-of-state provider.”

The bill defines autism as “…a neurobiological condition that includes Autism, Asperger syndrome, Retts syndrome, or Pervasive Development Disorder.”

Sponsored by Sen. Kessler. Introduced Feb. 11. Referred to Senate Banking and Insurance then Senate Finance.

Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb77%20intr.htm&yr=2009&sesstype=RS&i=77

“Original sentence” could be imposed on juvenile who commits additional crime between release from youthful offender training program and sentencing hearing

Senate Bill 99. Proposed revisions to §25-4-6 would give a circuit judge discretion to impose the original sentence on a youthful offender who has successfully completed a youthful offender training program but who has been charged with committing another crime between his or her release from the youthful offender center and the sentencing hearing.

Sponsored by Sen. Randy White, D-Webster. Introduced Feb. 11. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb99%20intr.htm&yr=2009&sesstype=RS&i=99

Inmates would receive a sentence reduction if completing education and rehabilitation programs

Senate Bill 254. Proposed revisions to §31-20-5d would authorize the West Virginia Regional Jail and Correctional Facility Authority to grant time off of the sentence for certain convicted inmates sentenced to confinement in a regional jail for completion of education and rehabilitation programs.

There are three Senate sponsors, including lead sponsor Sen. Green. Introduced Feb. 13. Referred to Senate Judiciary.

There is a Fiscal Note request.

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

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb254%20intr.htm&yr=2009&sesstype=RS&i=254

DHHR could take temporary custody of children in terms of multidisciplinary investigations

House Bill 2022. Proposed revisions to §49-5D-2 would aid in the investigation and prosecution of cases involving child abuse and neglect. In any case where a multidisciplinary investigative team suspects an uncooperative parent, guardian, or custodian of child abuse, the Department of Health and Human Resources would be authorized to take temporary protective custody of the child in order to safely conduct a team interview with the child at a child advocacy center.

Sponsored by Del. Joe Talbott, D-Webster. Introduced Feb. 11. Referred to House Judiciary Committee.

Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2022%20intr.htm&yr=2009&sesstype=RS&i=2022

Marriage license would come with a parenting plan

House Bill 2033. Proposed revisions to §48-2-104 would require a parenting plan with an application for a marriage license.

Sponsored by Del. Blair. Introduced Feb. 11. Referred to House Judiciary Committee.

Similar proposals have been introduced/considered in a past legislative session or sessions.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2033%20intr.htm&yr=2009&sesstype=RS&i=2033

Bill would eliminate mercury in vaccines

House Bill 2034. Proposed revisions to §16-3-5a would eliminate, to the extent possible, the use of vaccines containing mercury.

(Mercury, according to some researchers, may lead to autism spectrum syndrome, although not all physicians and others accept those findings.)

Sponsored by Del. Rodighiero. Introduced Feb. 11. Referred to House Health and Human Resources Committee then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2034%20intr.htm&yr=2009&sesstype=RS&i=2034

Consent to Health Care of Minors Act is proposed

House Bill 2039.  Proposed §49-6F-1 et. seq. would establish the Consent to Health Care of Minors Act, allowing for a caregiver who is not a parent, legal custodian or guardian of a minor to consent to health care for a minor through an affidavit. The bill provides for revocation and termination of consent, good faith reliance on the affidavit, exceptions to an affidavit's applicability, penalties for a false statement in an affidavit of consent, and rule-making authority.

Sponsored by Del. Duke. Introduced Feb. 11. Referred to House Health and Human Resources then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2039%20intr.htm&yr=2009&sesstype=RS&i=2039

Process available for males to contest allegations of biological parentage

House Bill 2107.  Proposed §48-18-105a would allow males who are required to pay child support as the father of a child to seek a court motion to set aside a determination of paternity, based on the grounds established in the bill, including an affidavit executed by the “ movant”  that newly discovered evidence has come to the “movant's”  knowledge since entry of judgment; and that the results from scientifically credible parentage-determination genetic testing, administered within 90 days prior to the filing of the motion, demonstrates there is zero percent probability that the male ordered to pay child support is the father of the child for whom support is required.

Given the above two considerations, courts can grant relief to the” movant,” based on the following and similar determination such as the male having been ordered to pay child support has not adopted the child;  the child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock;  the male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and similar findings.

Sponsored by Del. Armstead. Introduced Feb. 11. Referred to House Judiciary.

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

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2107%20intr.htm&yr=2009&sesstype=RS&i=2107

Children of state employees earning $25,000 or less per year would qualify for CHIPs

House Bill 2111.  Proposed Ch§5-16B-6e would “qualify” children of state employees, receiving income of $25,000.00 per year or less, for the West Virginia Children's Health Insurance Program (CHIP).

There are three House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 11. Referred to House Health and Human Resources then House Finance.

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

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2111%20intr.htm&yr=2009&sesstype=RS&i=2111

Employers could be fined for withholding child support

House Bill 2114. Proposed revisions to §48-14-407 would  establish a $100 a day penalty for employers failing to withhold an employee's income for child support obligations.

Sponsored by Del. John Ellem, R-Wood. Introduced Feb. 11. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2114%20intr.htm&yr=2009&sesstype=RS&i=2114

Skateboarders would have to use helmets

House Bill 2134. Proposed §17C-11B-1 et. seq. would require skateboarders to use helmets. This requirement would be included in what would be known as the “Skateboard Safety Act.”

Sponsored by Del. Iaquinta. Introduced Feb. 11. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2134%20intr.htm&yr=2009&sesstype=RS&i=2134

Certain expenses would be excluded from child support calculations

House Bill 2300.  Proposed revisions to §48-1-228 would exclude certain expenses such as professional organization dues, union dues, professional licensure and certification fees, as well as fees for mandatory continuing education to maintain professional licensure, and fees for enrollment, training or certification in apprenticeship or journeyman programs from the definition of gross income as used in calculating child support.

Sponsored by Del. Patti Eagloski Schoen, R-Putnam. Introduced Jan. 24. Referred to House Judiciary.

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

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2300%20intr.htm&yr=2009&sesstype=RS&i=2300

 

Governmental Entities

Class II and Class III municipalities would be able to participate in tax increment financing

Senate Bill 268. Proposed revisions to §7-11B-2 would  permit Class III municipalities to participate in the West Virginia Tax Increment Financing Act.

Sponsored by Sen. Snyder. Introduced Feb. 16. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb268%20intr.htm&yr=2009&sesstype=RS&i=268

Governmental entities would have to procure surveying services based on demonstrated competence

Senate Bill 275. Proposed revisions to §5G-1-1 would require the state and political subdivisions to procure surveying services on the basis of demonstrated competence and qualification for the type of professional services required.

(This statutory language exists for architect and engineering services.)

Sponsored by Sen. Sypolt. Introduced Feb. 17. Referred to Senate Government Organization.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb275%20intr.htm&yr=2009&sesstype=RS&i=275

Cost of Housing Index would be required

Senate Bill 277. Proposed §11-2-10 would require county assessors to create a cost of housing index to be filed annually with the Tax Commissioner and for the Tax Commissioner to annually file a report with the Legislature containing information indicating the average cost of residential housing in each county and how the costs compare on a county by county basis.

Sponsored by Sen. Snyder. Introduced Feb. 17. Referred to Sen. Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb277%20intr.htm&yr=2009&sesstype=RS&i=27
7
Similar proposals have been introduced/considered in a past legislative session or sessions.

Measure relates to broadband funding

Senate Bill 299. The purpose of this legislation, which has been endorsed by a 2008 interim legislative committee, would be to specify that infrastructure projects providing broadband services facilities be included in infrastructure projects eligible for funding from the West Virginia Infrastructure Fund.

The bill also provides for including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads and that construction of broadband transmission lines may be funded from the infrastructure road improvement reserve account within the infrastructure fund.

The bill also removes the limitation of the amount of funds which may be annually transferred to the account.
There are some other provisions.

There are five Senate sponsors, including lead sponsor Sen. Unger. Introduced Feb. 19. Referred to Senate Transportation and Infrastructure then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb299%20intr.htm&yr=2009&sesstype=RS&i=299

The House companion measure is House Bill 2687. There are five House sponsors, including lead sponsor Del. Boggs. 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=hb2687%20intr.htm&yr=2009&sesstype=RS&i=2687

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

 

Bill would require adoption of “green building standards” for public buildings exceeding 50,000 square feet

Senate Bill 301.  Proposed §22-29-1 et. seq. would require adoption of green building standards for the construction or renovation of public buildings over 50,000 square feet.

The proposed legislation has several definitions and defines “Major facility project" as “(A) A building construction project larger than (50,000) gross square feet of occupied or conditioned space; or (B) A building renovation project when the cost is greater than (90) percent of the assessed value and the project is larger than (50,000) gross square feet of occupied or conditioned space.”

County boards would be affected under terms of the bill, based on the definition of “public agency” which is defined as “every state office, board, commission, committee, bureau, department or public institution of higher education, including counties and municipalities.”
Green building standards

“Green standards,” as defined in this bill, are based on the "LEED silver standard.” LEED is a non-profit organization dedicated to sustainable building design and construction. The Leadership in Energy and Environmental Design (LEED) Green Building Council Rating System™ encourages and accelerates global adoption of sustainable green building and development practices through the creation and implementation of universally understood and accepted tools and performance criteria, according to the organization’s Website: http://www.usgbc.org.

Accordingly, all “major facility projects of public agencies shall be designed, constructed and certified to at least the LEED silver standard…”

The same would apply to “All major facility projects of a public school district, where the project receives any state funding, shall be designed, constructed and certified to at least the LEED silver standard.”

These provisions apply to major facility projects that have not entered the design phase prior to July 1, 2008 for state agencies and Jan. 1, 2009 for school facilities.

School facilities

Additionally, all “major facility projects by any person, corporation or entity other than a public agency or public school district, where the project receives any state funding” would have to be designed, constructed and certified to at least the LEED silver standard.

This provision would apply to major facility projects that have not entered the grant application process prior Jan. 1, 2008.

The proposal contains some exceptions, including an absence of LEED silver standard for the building or renovation or if there is “practical way to apply the LEED silver standard to a particular building or renovation project.”

In these cases, the state Department of Administration is to set “lesser green building standards that are appropriate to the project.”

Rules/reportage

The Department of Administration is to propose legislative rules, including rules that determine whether a project “qualifies for an exception from the LEED silver standard, and the lesser green building standards that may be imposed on projects that are granted exceptions.”

The Department of Administration is also required to monitor and document “ongoing operating savings that result from major facility projects designed, constructed and certified as meeting the LEED silver standard and annually publish a public report of findings and recommended changes in policy. The report shall also include a description of projects that were granted exceptions from the LEED silver standard, the reasons for exceptions, and the lesser green building standards imposed.”

Sponsored by Sen. Foster. Introduced Feb. 19. Referred to Senate Transportation and Infrastructure then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb301%20intr.htm&yr=2009&sesstype=RS&i=301

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

Uniform maternal risk screening advisory council would be established

Senate Bill 307. Proposed  §16-4E-1 et. seq. would establish an advisory council on maternal risk assessment within the Office of Maternal, Child and Family Health and to grant legislative rule-making authority to the Department of Health and Human Resources to develop a uniform maternal risk screening tool to serve as an alert to medical care providers of the need for greater evaluation and assessment of high-risk pregnancies.

The advisory council would be comprised of:

1. At least one private provider of maternity services;
2. At least one public provider of maternity services;
3. One representative from each of the state's three medical schools;
4. The Commissioner of the Bureau for Public Health, or his or her designee;
5. The Director of the Office of Maternal, Child and Family Health, or his or her designee;
6. At least one representative of a tertiary care center; and
7. At least one certified nurse midwife.

There are several provisions relating to committee function and operations.

There are five Senate sponsors, including lead sponsor Sen. Prezioso. Introduced Feb. 19. Referred to Senate Health and Human Resources then Senate Finance.

This bill was recommended for passage based on 2008 interim legislative committee study.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb307%20intr.htm&yr=2009&sesstype=RS&i=307

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

Fund would be established for Economic Development Authority to address problems of state’s minority population

House Bill 2387. Proposed §31-15-23a would establish a “Targeted Minority Economic Development Fund” to address economic issues of minorities and minority communities.

These are among Fund objectives, namely to:  

1. Continue to support and expand small business incubator programs, including programs at institutions of higher education in the state targeting minority enterprises;
2. Encourage new and minority small business development;
3. Undertake initiatives to encourage minority business ownership similar to those efforts used to encourage greater rates of business ownership among women;
4. Assist community, faith-based and economic development corporations to provide effective technical and business advisory services to minority-owned and -operated enterprises;
5. Encourage industry, banks and other private businesses to target hiring of African-Americans and other minority persons;
6. Encourage governmental agencies and bodies and businesses to be more aggressive in establishing diversity-conscious practices as employers and for their operations;
7. Enlist traditional and nontraditional lending institutions to be more creative and favorable to lending in minority communities and to minority persons, especially for business enterprises;
8. Encourage small business start-up and expansion and provide funding to assist minority vendors to meet bid bonding requirements;
9. Encourage workforce investment boards to be accountable for educating poor and minority persons for higher paying jobs; and
10. Any other targeted project or activity intended to address economic conditions of minorities and minority communities.

There are other provisions.

There are four House sponsors, including lead sponsor Del. Webster. Introduced Feb. 13. 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=hb2387%20intr.htm&yr=2009&sesstype=RS&i=2387

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

Workforce fatalities would have to be reported to Division of Labor

House Bill 2411. Proposed revisions to §21-3-1 would require  workplace fatalities to be reported to the Division of Labor in a “timely manner” as defined by the Commissioner of Labor.

There are four House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 16. 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=hb2411%20intr.htm&yr=2009&sesstype=RS&i=2411

Employers would be required to provide health insurance for those persons working on public improvement projects

House Bill 2425. Proposed §21-1E-1  would require that workers on public improvement projects be provided health care insurance as a benefit of employment.

There are three House sponsors, including lead sponsor Del. Hatfield. Introduced Feb. 16. Referred to House Health and Human Resources then House Government Organization.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2425%20intr.htm&yr=2009&sesstype=RS&i=2425

A related measure, House Bill 2478, would require workers on public improvement projects valued at $1 million or more be covered by health care insurance.

There are 10 House sponsors, including lead sponsor Del. Perdue. Introduced Feb. 6. Referred to House Health and Human Resources then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2478%20intr.htm&yr=2009&sesstype=RS&i=2478

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

Bill would require public works projects to meet time restrictions

House Bill 2427.  Proposed §5-22-3 would require each state public works contract include a provision requiring a definitive completion date and that contractors awarded such contracts be required to meet the time restriction.

The bill also defines "public works construction contract" and provides a monetary penalty for failure to complete a public works construction project on the agreed-upon completion date.

It also provides exceptions in which extensions may be granted while providing limitations upon an increase in the contract price or extension of time to complete a project in the event of change orders.

 Finally, it directs the Secretary of the Department of Administration to propose legislative rules designed to implement the law. 

Note: As written the measure does not specifically mention schools, although the proposed statutory language is very broad.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 16. Referred to House Energy, Industry and Labor, Economic Development and Small Business then Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2427%20intr.htm&yr=2009&sesstype=RS&i=2427

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

Veterans would be eligible for preference in state training and employment programs

House Bill 2436.   Proposed revisions to §9A-4-2 would “add”  persons who served honorably in the National Guard and reserves as eligible veterans for preference in employment training and employment.

There are four House sponsors, including lead sponsor Del. Linda Longstreth, D-Marion. Introduced Feb. 16. Referred to House Veterans’ Affairs then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2436%20intr.htm&yr=2009&sesstype=RS&i=2436

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

Measure would require state agencies and political subdivisions to verify “lawful presence” of applicants for public benefits

House Bill 2449. Proposed  §1-7-1 would require state agencies and political subdivisions thereof to verify the “lawful presence within the United States” for those who apply for various public benefits.

There are five Senate sponsors, including lead sponsor Del. Schoen. Introduced Feb. 16. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2449%20intr.htm&yr=2009&sesstype=RS&i=2449

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

Bills establish West Virginia Religious Freedom Restoration Act

House Bill 2477. Proposed  §1-7-2 would prohibit units of government from “substantially burden(ing)  a person's exercise of religion, even if the burden results from a rule or general applicability…”
 “Substantially burden’”

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

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

“Granting government funds”

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

Declaratory, injunctive relief

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

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

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

Appeal to state Supreme Court

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


Sponsored by Dels. Shook and Scott Varner, D-Marshall. Introduced Feb. 16. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2477%20intr.htm&yr=2009&sesstype=RS&i=2477

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

Measure relates to venue for lawsuits and actions against the state

House Bill 2498. Proposed revisions to §14-2-2 would remove the requirement that venue properly lies in Kanawha County in relation to certain controversies involving the state if the parties would agree.

Sponsored by Del. Doyle. Introduced Feb. 17. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2498%20intr.htm&yr=2009&sesstype=RS&i=2498

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

State funds could not be used for state officials’  distribution of holiday or greeting cards

House Bill 2506. Proposed revisions to §6B-2-5  would prohibit state funding for the distribution of holiday or greeting cards by elected officials, state employees, departments or agencies.

Sponsored by Del. Shook. Introduced Feb. 17. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2506%20intr.htm&yr=2009&sesstype=RS&i=2506

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

Verifiable Science Act would be established

House Bill 2514. Proposed §4-9-1 would allow the public to receive, via Freedom of Information Act (FOIA) requests,  access to any purported scientific data used as the basis for proposed legislative rules or statutory enactments.

Sponsored by Del. Walters. Introduced Feb. 17. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2514%20intr.htm&yr=2009&sesstype=RS&i=2514

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

Measure would update laws regarding practice of environmental health science and public health sanitation

House Bill 2529. This fairly extensive bill would update the law governing the practice of environmental health science and public health sanitation.

There are eight House sponsors, including lead sponsor Del. James Morgan, D-Cabell. Introduced Feb. 17. Referred to House Government Organization then House Judiciary.

This legislation has been recommended for passage by a 2008 interim legislative committee.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2529%20intr.htm&yr=2009&sesstype=RS&i=2529

Employee and retiree organizations could obtain state employees’ and retirees’ home addresses

House Bill 2553. Proposed §5A-8-21 would permit employee and retiree organizations to obtain state employees' home addresses as an exception to the limitation imposed on the release of personal information concerning state employees and retirees.

Sponsored by Dels. Barker and Caputo. Introduced Feb. 17. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2553%20intr.htm&yr=2009&sesstype=RS&i=2553

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

State employees would be able to take paid leave to attend parent-teacher conferences

House Bill 2563. Proposed §29-6-29 would allow state employees to take paid leave to attend parent-teacher conferences for their children
There are seven House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 17. Referred to House Government Organization then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2563%20intr.htm&yr=2009&sesstype=RS&i=2563

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

All agency rules would have to be filed electronically

House Bill 2567. Proposed §29-2-6 would authorize the Secretary of State to convert the filings of all agency rules and related documents in a electronic format; provides for a two year phase in of the new system; and allows the Secretary of State to except agencies and boards from the filing requirement if a hardship will be placed on the agency or board.

There are seven House sponsors, including lead sponsor Del. Miley. Introduced Feb. 17. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2567%20intr.htm&yr=2009&sesstype=RS&i=2567

Also refer to House Bill 2658. It would require state offices, agencies, boards and commissions to submit annual reports electronically with electronic copies also submitted to the Legislative Manager.

There are eight House sponsors, including lead sponsor Del. Boggs. Introduced Feb. 19. Referred to House Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2658%20intr.htm&yr=2009&sesstype=RS&i=2658

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

Privitization of government services would have to face various tests

House Bill 2571. Proposed §4-13-1 et. seq. would prohibit privatization of government services unless private companies prove that they can perform those services more efficiently than government employees; to provide for State Auditor review of proposed privatization contracts; to list the percentage of each agency's appropriation that is being spent on private contracts in the state budget and disclose this information on the Internet; and to bar business entities bidding on contracts from making campaign contributions to government officials.
  
Sponsored by Del. Nancy Guthrie, D-Kanawha. Introduced Feb. 17. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2571%20intr.htm&yr=2009&sesstype=RS&i=2571

Public structures could not be named after living elected governmental officials

House Bill 2643. Proposed §4-13-1 would prohibit the naming of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers for a living, elected official by any governmental entity. The bill also provides that any responsible governmental official authorizing the naming of a building, road, structure or project for a living elected official is liable to the governmental entity for any costs incurred by a violation.

There are five House sponsors, including lead sponsor Del. Tal Hutchins, D-Ohio. Introduced Feb. 18. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2643%20intr.htm&yr=2009&sesstype=RS&i=2643

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

Chief Technology Officer would have access to confidential records

House Bill 2649. Proposed §5A-7-11 would authorize the chief technology officer to receive confidential records and have access to agencies' databases which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law.

There are three House sponsors, including lead sponsor Del. Wells. Introduced Feb. 18. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2649%20intr.htm&yr=2009&sesstype=RS&i=2649

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

Bill relates to roads used by multiple families

House Bill 2661. Proposed §17-2C-7 would include roads that serve more than one family in the state road system.

There are nine House sponsors, including lead sponsor Del. Dave Pethtel, D-Wetzel. Introduced Feb. 19. Referred to House Roads and Transporation then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2661%20intr.htm&yr=2009&sesstype=RS&i=2661

Proposed legislation would prohibit “likeness” of elected or appointed officials on publicly-owned vehicles; “trinkets” prohibited

House Bill 2676. Proposed §6B-2-5c would public officials from using their “name or likeness on any publicly-owned vehicles, unless for ceremonial events.

It also would disallow public officials to place their name or likeness on "trinkets" paid for by public funds as well as to use public funds,  including funds of the office held by the elected or appointed person to distribute, disseminate, publish or display the elected or appointed person's name or likeness upon or in any publication, broadcast, cable or satellite communication, communication in any newspaper, magazine or periodical publication, communication sent by mass mailing, communication by telephone book or communication by leaflet, pamphlet or flyer, or any other publication or media communication intended for general dissemination to the public, within (60)  days before a Primary or General Election in which the elected or appointed official, or the person on public payroll, is a candidate.”

There are other provisions.

There are six sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 19. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2676%20intr.htm&yr=2009&sesstype=RS&i=2676

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

Several Code sections would be repealed

House Bill 2691. The purpose of this legislation is to repeal antiquated, ineffective and non-implemented sections of Code.

Accordingly, §18-2F-9, §18-10C-3, §18-10L-8, §18A-3-4, and §18-16-6b would be repealed, among other statutes. 

There are five House sponsors, including lead sponsor Del. Morgan. Introduced Feb. 20. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2691%20intr.htm&yr=2009&sesstype=RS&i=2691

Secretary of Administration would issue travel reimbursement guidelines

House Bill 2692. Proposed §5A-3-48 would require the Secretary of Administration to promulgate rules for travel reimbursement equal to the federal standard mileage rate.

Sponsored by Del. Guthrie. Introduced Feb. 20. Referred to House Government Organization then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2692%20intr.htm&yr=2009&sesstype=RS&i=2692

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

Licensed practical nurses serving as EMTs would be able to practice registered professional nursing

House Bill 2696. Proposed §30-7-6 would authorize persons who are emergency medical technician-paramedics with a minimum of five years active service in West Virginia, who are also licensed as practical nurses to apply to obtain a license to practice registered professional nursing.

There are three House sponsors, including lead sponsor Del. Margaret Staggers, D-Fayette. Introduced Feb. 20. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2696%20intr.htm&yr=2009&sesstype=RS&i=2696

 

 

Taxation

Property Taxation

Managed timberland valuation measure seeks to limit loss of tax dollars at local level

House Bill 2511. Proposed §11-1C-11 would limit classification of real property as managed timberland to prevent county property tax revenues from decreasing by more than 5 percent.

Sponsored by Del. Larry Border, R-Wood. Introduced Feb. 17. Referred to House Natural Resources then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2511%20intr.htm&yr=2009&sesstype=RS&i=2511

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

Nonprofit properties used for housing students would be exempt from taxation

House Bill 2558. Proposed revisions to §11-3-9 would exempt from taxation properties owned by a nonprofit organization which are used for housing college or university students, which is also used for religious or leadership training of college or university students.

Sponsored by Del. Morgan. Introduced Feb. 17. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2558%20intr.htm&yr=2009&sesstype=RS&i=2558

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

Property taxes could be paid on quarterly basis

House Bill 2573. Proposed revisions to §11A-1-3 would allow quarterly payment of real and personal property taxes.

There are three House sponsors, including lead sponsor Del. Caputo. Introduced Feb. 18. Referred to House Judiciary then House Finance.

The bill was introduced by request.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2573%20intr.htm&yr=2009&sesstype=RS&i=2573

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

Individuals would be able to defer tax payments

House Bill 2575. Proposed §11-6B-8 would authorize county commissions to allow resident homeowners, who are 65-years-old or older, to defer payment of property tax increases to their residential property during their lifetime.

Sponsored by Dels. Duke and Blair. Introduced Feb. 18. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2575%20intr.htm&yr=2009&sesstype=RS&i=2575

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

Measure would place 10-year cap on increases in property tax assessments

House Bill 2578. Proposed §11-1C-9 would provide a 10 percent cap on any increase in property assessments in any one year.

There are six House sponsors, including lead sponsor Del. Duke. Introduced Feb. 18. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2578%20intr.htm&yr=2009&sesstype=RS&i=2578

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

Farmers could continue to have property appraised as farm property after they cease farming due to disability or age

House Bill 2625. Proposed §11-1A-10 would allow  aged or disabled farmers to continue to receive the benefit of having their farm land appraised as farm property after they cease farming due to age or other disability.

There are seven House sponsors, including lead sponsor Del. Allen Evans, R-Grant. Introduced Feb. 18. Referred to House Agriculture then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2625%20intr.htm&yr=2009&sesstype=RS&i=2625

Consumers Sales Tax

Sales tax exemption would apply to items sold by schools

House Bill 2470. Proposed §11-15-11 would exempt all schools which include grades kindergarten through grade twelve from paying consumer sales tax on items the school sells.

There are seven House sponsors, including lead sponsor Del. Williams. Introduced Feb. 16. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2470%20intr.htm&yr=2009&sesstype=RS&i=2470

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

Sales tax would be eliminated

House Bill 2650. Proposed §11-15-3a would eliminate the sales tax on food beginning July 1, 2009.

There are nine House sponsors, including lead sponsor Del. Porter. Introduced Feb. 18. Referred to House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2650%20intr.htm&yr=2009&sesstype=RS&i=2650

Also refer to House Bill 2681. It would eliminate  the food tax, increase the tax on nonintoxicating beer per barrel from $5.50 to $6.35, increase the tax on cigarettes to $1.35, increase the tax on non-cigarette tobacco products from seven percent to fourteen percent, and to dedicate the first $5 million of revenue to the Department of Agriculture's crop transition program.

There are five House sponsors, including lead sponsor Del. Carmichael. Introduced Feb. 19. Referred to House Finance.
There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2681%20intr.htm&yr=2009&sesstype=RS&i=2681

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

 

Tobacco

Tobacco products must be sold with original packaging

Senate Bill 290. Proposed §16-9A-8 would ensure that tobacco products are not sold in any packaging other than the original factory wrapped package and to insure that cigarettes are not sold individually.

Sponsored by Sen. Foster. Introduced Feb. 18. Referred to Senate Health and Human Resources.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb290%20intr.htm&yr=2009&sesstype=RS&i=290

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

Briefly...

 

Senate Bill 239 would authorize counties with a population exceeding 150,000 and a Class I municipality to approve metro government by majority vote…Senate Bill 256 would establish additional requirements and conditions on annexation without an election or by minor boundary adjustment in counties that have adopted a county-wide zoning ordinance and have designated urban growth boundaries around the municipalities within that county…Senate Bill 289 would establish a West Virginia innovation and development program, to attract and support capital investment in innovation-driven enterprises in West Virginia through a combination of direct annual investment by the state in seed capital, venture capital and other equity and debt investments in West Virginia; technical support and assistance to entrepreneurs in the state; There are many other provisions…Senate Bill 298 would increase the annual allocation of moneys from the wireless enhanced 911 fee to be distributed by the Public Service Commission into the Enhanced 911 Wireless Tower Assistance Fund to subsidize the construction of wireless towers, from $1 million to $2 million…Senate Bill 300 would authorize counties and municipalities to enter into energy-savings contracts…Senate Bill 313 would expand the number of hours a state employee can work in a temporary position annually from 90 days to 1,000 hours…Senate Bill 315 would ban All-Terrain Vehicles from all paved roads except for crossing a road. There are other provisions…

House Bill 2350 provide that transfer of development rights are renewable; making the rights transferred be for twenty years and a reversion of 20 years; and authorizing the county commission to stagger the time rights transferred...House Bill 2354 would establish a Traumatic Brain Injury Services Commission…House Bill 2367 would Raise  the state salary level to at least 125  percent above Federal Poverty Guidelines…House Bill 2372 would Authorize county commissions to use impact fees to fund the building and operation of libraries and to administer and provide affordable housing for individuals or families of low or moderate income…House Bill 2408 would establish a multi-disciplinary commission to study, make findings and recommendations regarding incarceration population and costs..House Bill 2424 would  Repeal West Virginia  Code, adopting in lieu thereof the Code of the Commonwealth of Virginia…House Bill 2431 would create an emergency contraception education program with the Department of Health and Human Resources…House Bill 2448 would, among other items, require a minimum 40 persons to petition for annexation without having to hold an election…House Bill 2458 would reinstate the sales tax exemption for comprehensive mental health care centers…House Bill 2462 allow county boards to adopt noise abatement ordinances…House Bill 2466 would add one magistrate to Wood County…House Bill 2474 relates to regulation of land-based aquaculture facilities…House Bill 2504 would establish an alert system for missing cognitively-impaired persons…House Bill 2516 would prohibit a business or organization performing abortion procedures in a public facility…House Bill 2525 would place a cap on the sum of revenue and levies the Berkeley County Court must pay into the Berkeley County Public Library Fund…House Bill 2532 would regulate marriage and family counseling…House Bill 2540 Dedicate some of the  revenue generated from certain severance taxes for the benefit of counties from which the revenue was generated…Senate Bill 2555 would Establishthe West Virginia Sesquicentennial of the American Civil War Commission and Fund. This relates to the 150th Anniversary of the Civil War…House Bill 2581 would alter the composition of the Municipal Home Rule Board and change the timetable and responsibilities for the Municipal Home Rule Pilot Program to include, among other members, an appointee of the governor…House Bill 2621 would Prohibit the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency…House Bill 2642 would Revert the 911 fee on wireless telephones from $3  to 75 cents…House Bill 2647 would prohibit establishment of methadone treatment programs and clinics except those operated by comprehensive community mental health centers…House Bill 2653 would authorize law enforcement officers to use citations in lieu of arrest warrants for certain offenses, no longer requiring that a law enforcement officer personally witness a misdemeanor…House Bill 2715 would create the Economic Fairness Act of 2009, requiring the Tax Commissioner to refund to the five counties with the highest unemployment, twenty percent of the personal income tax collected…House Bill 2720 would establish a Genetic Privacy Act which would provide confidentiality of genetic test results and to limit the use of genetic information by health insurers. This bill is based on suggested legislation published by the Council of State Governments.

 

 

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

Richard Snuffer(Raleigh), President

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

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Production and Circulation
sdavidson@wvsba.org

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