WVSBA The Legislature

February 25, 2008 - Volume 28 / Issue 14

Overview Info

Inside

Feb. 18, 2008 Session Bills Reviewed

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

Listed below are the Senate and House of Delegates bills introduced Feb. 18 – the last day this session in which to introduce legislation.

Today is the 48th day of the 2008 regular session.

Legislation must pass its House of origin by Wednesday, Feb. 27 – the 50th day of the regular session.

The 60-day 2008 legislative session concludes March 8.  

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

A total 75 bills are reviewed.

In that some of the measures have been acted upon, the Legislature’s Website reference is to the latest version of the legislation.

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

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

 

PUBLIC EDUCATION


Voters would be able to be transported to polls on county board school buses


Senate Bill 743. Proposed revisions to §18-5-13 would allow “public and private nonprofit organizations (to lease county board school buses to transport) registered voters to polling places for general and special elections only. “

The county board could charge these organizations “fees” in order to accomplish leasing arrangements.

Sponsored by Sens. Shirley Love, D-Fayette, and Joe Minard, D-Harrison. Introduced Feb. 18. Referred to the Senate Education Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb743%20intr.htm


ISE days would be held in September, November, January, March and May


Senate Bill 761. Proposed revisions to §18-5-45 would change school calendar Instructional Enhancement and Support  (ISE) days to the months of September, November, January, March and May.  Currently, ISE days are scheduled as “one instructional day in each of the months of October, December, February, April and June…”

Sponsored by Sen. Clark Barnes, R-Randolph. Introduced Feb. 18. Referred to the Senate Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb761%20intr.htm

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

 


Measure relates to student homebound services


House Bill 4633. Proposed revisions to §18-20-1 would require students to “(receive continuing) homebound services for other health impairments determined to be ongoing in nature by (a) licensed physician … until the licensed physician determines otherwise…”

“(The student is to be) provided the required classes for graduation within the same time frame as a regular student unless the health condition requires a different standard.”

There are other provisions.

Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Feb. 18. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4633%20intr.htm

 


PROMISE Scholarship Summer Intern Program contemplated


Senate Bill 747. Proposed §18C-7-9 would establish the PROMISE Scholar Summer Internship Program.

It would require  each PROMISE recipient to register at a Workforce West Virginia Center as a PROMISE Scholar.

Various governmental and non-governmental entities would be recruited by the Governor’s Office to participate in the Internship Program by providing “meaningful paid summer internships for PROMISE Scholars.”

Under terms of the bill, each PROMISE recipient would be required to “accept at least one paid summer internship during the time that he or she is receiving the PROMISE Scholarship if the center determines that a suitable placement is available.”

Local Centers – job description

In order to effectuate the statute, business partners would be required to register with the local center in their area and supply the center with a job description for each internship they have available. The local center is responsible for hosting job fairs for business partners to meet and interview prospective interns seeking summer employment.

Workforce Investment Division

The  Governor's Workforce Investment Division of the West Virginia Development Office would be responsible for providing the following services:
  1. ”Recruit business partners to make available meaningful paid summer employment, paid apprenticeships or unpaid volunteer work experiences for PROMISE scholars;
  2. Sponsor a fall and a spring career fair for all PROMISE scholars who are seniors; and
  3.  Provide a report to the respective institutions explaining how students are being prepared for the world of work using feedback from the business community. “

Performance evaluation

Career planning and placement centers  would be responsible for preparing a performance evaluation in a standardized format and make it available to all participating business partners to evaluate the work performance of each intern.
At the end of the summer internship, each employer shall forward the completed evaluation to the local center. The center shall collect and analyze the data from all the evaluation forms it receives before forwarding the individual evaluation to the career planning and placement office of the appropriate institution.

Data analysis

By Nov. 1 annually,  each local center would be responsible for collecting and analyzing the data from performance evaluations prepared by the business partners and provide a summary of the analysis to the division.

The center also shall include in its report a record of job offers made to PROMISE scholars as a consequence of internships, apprenticeships, volunteer work experiences or other activity provided for in this section.

There are several other provisions.

Sponsored by Sen. Unger. Introduced Feb. 18. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB747%20SUB1.htm

 


Teachers would be able to determine classroom materials to post on Internet


Senate Bill 690. Proposed revisions to §18A-2-12 would allow teachers to determine what classroom materials they wish to post on the Internet.

As stated in the proposal, “A classroom teacher…may not be required to post his or her lesson plans or any other material that the classroom teacher finds unnecessary on the Internet...(or any items) which, as determined by the classroom teacher, are not required to serve as a guide to the teacher or substitute for daily instruction…”

Sponsored by Sen. Erik Wells, D-Kanawha. Introduced Feb. 18. Referred to the Senate Education Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb690%20intr.htm

This bill is similar to House Bill 4351 which is reviewed in the Feb. 4 issue of The Legislature. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4351%20intr.htm


Measure relates to NBPTS certification


Senate Bill 714. Proposed revisions to §18A-4-2a would pay the National Board for Professional Teaching Standards salary bonus to the holders of certificates awarded to them during employment as a classroom teacher if they are subsequently employed as a school principal, assistant school principal or in another position in an instructional leadership capacity.

Sponsored by Sens. Donna J. Boley, R-Pleasants, Bob Plymale, D-Wayne, and Larry Edgell, D-Wetzel. Introduced Feb. 18. Referred to the Senate Education Committee, then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb714%20intr.htm

Note: Senate Education approved this bill Feb. 19 It had a second reference to the Senate Finance Committee.

This measure is similar to House Bill 4341 which is House Special Calendar Third Reading Feb. 24. The reference: 
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4341%20intr.htm

 

Standards would be set for assigning high school athletic directors


Senate Bill 719. Proposed revisions to §18A-1-1 and proposed §18A-2-0a would set standards for assignment of high school athletic directors.

Accordingly, athletic director would be defined as “ a professional educator who is responsible for supervising the management and operation of the athletic programs and activities of the school to which he or she is assigned.”

Credentials

Under terms of the proposal,  athletic directors would be required to hold the following credentials:
Exemptions

Persons currently employed as athletic directors would be exempt from the above provisions, except they would have to complete the LTC within three years.

Supervision of school principal

Athletic directors would work under the supervision of the school principal, assuming – under direction of the county board – “administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school for which he or she is assigned.”

Position duties
These would be among those duties:
  1. Supervision of games;
  2. overseeing the athletic budget;
  3. hiring of game officials;
  4. scheduling athletic contests;
  5. knowing and upholding all county, West Virginia Secondary Schools Activities Commission (WVSSAC) and league rules;
  6. maintaining proper records which include a permanent file of players; medical forms, insurance forms, participation records, parent consent forms and birth certificates;
  7. scheduling transportation for athletic teams;
  8. prepare and verify athletic eligibility lists;
  9. supervise, observe and evaluate coaches;
  10. secure all needed personnel for basic athletic event operations;
  11. procure and care for athletic equipment; and
  12. other duties involving athletics as assigned by the principal or as a part of a county job description for athletic directors.
Assistant athletic directors

 The measure also would allow county boards to employ assistant athletic directors, with a grandfathering provision for these individuals as well, although they would be required to complete the Leadership Training Courses (LTC) within three years of the legislation’s effective date.

One  director per school in county

Lastly, the bill would require county boards, upon the superintendent’s nomination, to employ an athletic director for “each high school in the county.”

High schools “that participate in (12) or less varsity sports…shall have an athletic director who is assigned to those athletic activities at least one-half of the school day, with teaching duties not to exceed (20) hours per week.

Schools having 13 or more sports would be required to have a full-time athletic director who would not be “assigned any teaching duties except on a temporary emergency basis.”

Sponsored by Sen. Plymale. Introduced Feb. 18. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb719%20intr.htm


Measure would grant minimum amount of paid leave to employees working in state


Senate Bill 754. Proposed §21-5G-1 et. seq. would grant a minimum amount of paid  sick leave to most employees working in West Virginia.

Sponsored by Sens. John Unger, D-Berkeley, and Dan Foster, D-Kanawha. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb754%20intr.htm

House Bill 4691 is a related measure.

It would establish the Flexible Leave Act which would allow employees to use earned leave with pay to deal with an illness in an employee’s immediate family.

There are several provisions,

According to the Bill Note, it would apply to “…an employer that provides leave with pay under the terms of :
  1. a collective bargaining agreement; or
  2. an employment policy.”

There are several other provisions, including proposed §21-5G-7 which says the bill does not affect the Federal Family and Medical Leave Act of 1993.

Sponsored by Del. Brent Boggs, D-Braxton. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4691%20intr.htm


Measure would allow coaches having served for three years to continue as coaches


Senate Bill 763. Proposed revisions to §18A-3-2a would allow persons to continue as athletic coaches or coaches of other extracurricular activities in the public schools if they have served in the same position for three years and have received satisfactory evaluations .

Sponsored by Sen. Edgell. Introduced Feb. 18. Referred to the Senate Education Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb763%20intr.htm


Bill would establish itinerant status for school service personnel


House Bill 4678. Proposed revisions to §18A-4-8 would establish itinerant status for school service personnel.

Under terms of the proposal,

“A service person is considered to hold itinerant status if he or she has bid upon a position posted as itinerant or has agreed to accept this status.

Consent of employee

“A service person with itinerant status may be assigned to a different work site upon written notice (10) days prior to the reassignment without the consent of the employee and without posting the vacancy: Provided, That a service person with itinerant status may be involuntarily reassigned no more than twice during the school year: Provided, however, That at the conclusion of each school year the county board of education shall post and fill…all positions that have been filled without posting by a service person with itinerant status: Provided further, That any service person, who is assigned to a beginning and ending work site and travels at the expense of the board of education to other work sites during the daily schedule, shall not be considered to hold itinerant status.”

The measure would require job postings to include, in addition to the job description, “the period of employment, the work site, the starting and ending time of the daily shift,” etc.

In case of job vacancies in the aide categories, the posting is to include the “program or primary assignment of the position.”

There are other provisions.

Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 18. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4678%20intr.htm

Also refer to House Bill 4631. That measure would allow county superintendents, subject to county board approval, to “hire three service personnel workers from the substitute list, based on seniority, on a full-time basis as itinerates to meet the day-to-day need for substitutes in the service personnel areas.

“These three itinerates are not counted against the county in the calculation of the school aid formula.”

Existing statutes

A bill proviso states that if the “ full-time substitutes (employed for the above purposes) are insufficient to meet the need for substitute service personnel on any given day the provisions of (the existing statutes relating to employment of school service personnel substitutes) are to be followed.”

There are eight House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 18. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4631%20intr.htm


Bill relates to Athletic Training Licensure Act of 2008


House Bill 4693. Proposed §30-41-1 et. seq. would  establish a licensing board to license athletic trainers.

Bill provisions would not apply to persons “practicing in secondary school settings…under a (state Board of Education) athletic certification prior to (July 1, 2005), provided such practice is in accordance with board of education policy then in effect.”

The board would consist of seven members – five certified athletic trainers, one licensed medical practitioner, and one “lay person to represent the interest of the public.”

The individuals would be appointed by the governor with advice and consent of the senate from names submitted by the state Athletic Trainers’ Association.

Members of the board would serve staggered terms.

The board is required to conduct a training program annually to “familiarize new members with their duties.”

The board would be required to meet at least twice yearly.

It could employ staff, including an “administrative secretary…(and may) contract with other state boards or state agencies to share office, personnel and other administrative functions…”

Legislative rules

The board would be responsible for proposing legislative rules which are to address the following provisions:
Licensing athletic trainers

In addition to the above, the board is to propose legislative rules for licensing athletic trainers, with requirements to include:
  1. Satisfactory completion of an application for licensure in accordance with the rules adopted by the board;
  2.  Payment of application, examination and licensing fees as may be established by the board, which shall compensate and be retained by the board for the costs of administration;
  3.  Be of good moral character;
  4.  Not be addicted to the intemperate use of alcohol or narcotic drugs or other controlled substances;
  5.  Not have been convicted of a crime involving sexual abuse or sexual misconduct, or that has a direct bearing on the applicant's ability to practice competently as determined by the board;
  6.  Not have had disciplinary action taken against the applicant or the applicant's license by the board or by the licensing agency of another state or jurisdiction by reason of the applicant's inability to safely practice athletic training with those reasons for discipline still being valid as determined by the board;
  7.  Show to the satisfaction of the board that the applicant
    8. has received at least a baccalaureate degree from an institution of education that meets the academic standards for athletic trainers established by the National Athletic Trainers' Association;
  8.  Successful athletic completion trainers of the national association board of certification (NATABOC) examination. The requirements of subdivisions (7) and (8) of this subsection shall be waived for those practitioners who were practicing as state certified athletic trainers pursuant to a West Virginia Board of Education athletic trainer certification prior to (July 1, 2005).
Additional rules requirements

In addition to provisions for licensure, the rules shall include the following:
  1.  Requirements for completion of continuing education hours conforming to NATABOC guidelines; and
  2.  Requirements for issuance of a reciprocal license to licensees of states with requirements which may include the successful completion of the NATABOC examination.
  3.  An athletic trainer who is licensed by the board shall be issued a license number, a certificate and an identification card. The current, valid license certificate shall be publicly displayed and available for inspection by the board and the public at an athletic trainer's work site, and the identification card shall be carried while practicing athletic training.

In order to enforce the statute, the Athletic Trainers Licensing Board could seek a court injunction.

The board also could suspend, revoke or impose probationary conditions on a license for such offenses as conviction of fraud, drug/alcohol addiction, prescribing medicines without “legal authority,” and “employing, allowing or permitting an unlicensed person to perform athletic training in  the licensee’s work site…,” and sexual abuse or sexual misconduct.

(There are other enumerated reasons.)

There are several other sections.

Note: All statutory dates and reference refer to 2005.

There are six House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4693%20intr.htm

Athletic trainer present at all football and basketball games

 Also refer to Senate Bill 788. That measure would require all public schools to have an athletic trainer present at football and basketball games.

The measure would amend §18-2-25.

There are three Senate sponsors, including lead sponsor Sen. Ron Stollings, D-Boone. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb688%20intr.htm



Bill would establish nontraditional career development centers for displaced homemakers


Senate Bill 771. Proposed §18-10P-1 et. seq. would authorize the secretary of education and the arts to enter into contracts with public and nonprofit private entities to support Nontraditional Career Development Centers in assisting displaced homemakers or single parents in receiving job counseling, job training, job placement services and other support services leading to high-skill, high-wage jobs.

Sponsored by Sen. Michael Oliverio, D-Monongalia. Introduced Feb. 18. Referred to the Senate Education Committee  then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb771%20intr.htm

This measure is similar to House Bill 4040 which is reviewed extensively in the Jan. 21 issue of The Legislature.


State Board would establish school nutrition standards relating to school beverage sales


Senate Bill 725. Proposed revisions to §18-2-6a would regulate the sale of beverages in schools. It requires the State Board of Education to establish nutrition standards for such sales.

Additionally, the bill provides that proceeds from sales from federally funded nutrition programs accrue to the benefit of those programs.

 Finally, the bill strikes the definitions of "school day" and "healthy beverage.”

Sponsored by Sens. Foster and Stollings. Introduced Feb. 18. Referred to Senate Health and Human Resources Committee then the Senate Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb725%20intr.htm

Also refer to House Bill 4051 which is a similar measure. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4051%20intr.htm


Bill would require instruction on macroeconomics


House Bill 4601. 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 11 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_Text_HTML/2008_SESSIONS/RS/BILLS/hb4601%20intr.htm


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


House Bill 4686. 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. Kelli Sobonya, R-Cabell. Introduced Feb. 18. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4686%20intr.htm


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


House Bill 4687. 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.

Sponsored by Dels. Tim Armstead, D-Kanawha, and Patti Eagloski Schoen, R-Putnam. Introduced Feb. 18. Referred to the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4687%20intr.htm

 

Measure would establish the West Virginia State Police Higher Education Security Act


Senate Bill 717. Proposed §15-2F-1 et. seq. would create the West Virginia State Police Higher Education Security Act whose primary purpose is to increase the  number of “certified police officers patrolling and providing a police presence on the various campuses.
 
A second bill objective is to “enhance the higher educational opportunities available to the sworn members of the West Virginia State Police with the goals of attracting and retaining well qualified employees and improving the professionalism of the members through higher education.

“Nothing in this article provides for free books, housing, meals, parking or any other costs associated with higher education nor does it authorize or permit any member of the West Virginia State Police to be compensated for time spent attending courses, studying or otherwise engaging in their higher education.”

College free of tuition charges

The bill, in order to accomplish its objectives, would allow any “bona fide, nonprobationary member of the West Virginia State Police may enroll and attend college courses, free of tuition charges, at any publicly funded college or university within the boundaries of this state.

 Members electing to avail themselves to this educational opportunity are subject to the same entrance, enrollment and acceptance standards applicable to any prospective student.”

In order to achieve bill objectives, a member of the State Police participating in the program is required to “continue in the employment of the West Virginia State Police for a minimum of five years…”

“Obligated” reimbursement

If the member’s employment is terminated due to resignation or termination for “misconduct,” the member would be “obligated to reimburse the appropriate college or university for any tuition charges from which he or she was otherwise exempt.”

Sponsored by Sen. H. Truman Chafin, D-Mingo. Introduced Feb. 18. Referred to the Senate Education Committee then the Senate Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb717%20intr.htm

CCTCE fund would be established for community and technical education capital improvements

Senate Bill 682. Proposed revisions to §18B-10-8 and §29-22-18 would create a special revenue fund known as the Community and Technical College Capital Improvement Fund, authorizing the Higher Education Policy Commission to allocate $5 million to the Higher Education Policy Commission Community and Technical College Capital Improvement Fund for community and technical college education capital improvements.

Sponsored by Sen. Plymale. Introduced Feb. 15. Referred to Senate Finance Committee. Reference:
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB682%20SUB1.htm


Cloning of human embryos at state medical schools would be prohibited


House Bill 4599. Proposed §18B-4-9  would prohibit cloning human embryos in state medical schools, colleges or universities; and dismissal from employment.

 Sponsored by Del. Armstead. Introduced Feb. 18. Referred to the House Health and Human Resources Committee then the House Education Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4599%20intr.htm


Measure designed to provide greater flexibility to all publicly-funded higher education institutions


House Bill 4610. The purpose of this 91-page bill is to give state institutions of higher education more flexibility in the planning and operation of their  schools – essentially as Marshall University and West Virginia University enjoy.

There are 10 House sponsors, including lead sponsor Del. John Doyle, D-Jefferson. Introduced Feb. 18. Referred to the House Education Committee then the House Finance Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4610%20intr.htm

Also refer to Senate Bill 523, the companion measure, which is reviewed in the Feb. 4 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb523%20intr.htm


Governing boards could increase contributions to employee retirement plans


House Bill 4623. Proposed revisions to §18-23-4a would establish minimum deductions from salary payments due the employees and to allow governing boards to increase their contributions to employee retirement plans to one that exceeds the contributions of employees.

There are three House sponsors, including lead sponsor Del. Jim Morgan, D-Cabell. Introduced Feb. 18. Referred to the House Government Organization Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4623%20intr.htm


Check-off would be established for Jackson’s Mill 4-H Camp


House Bill 4646. Proposed §18-11-12 would include a checkoff option to donate some or all of one’s personal  tax refund to the "Jackson's Mill 4-H Camp Checkoff Program" for the operation of the camp.

There are four House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Feb. 18. Referred to the House Finance Committee.  Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4646%20intr.htm

This measure is the same as Senate Bill 102. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb102%20intr.htm\


College students would be able to receive temporary driver’s licenses if licenses were suspended for reasons other than DUI or serious driving offenses


House Bill 4694. Proposed §17B-3-6 would permit issuance of a temporary license allowing driving to and from college and classes when there was a suspension of drivers license not involving DUI or other serious driving offense committed by college students.

Sponsored by Dels. Tal Hutchins, D-Ohio, and Jack Yost, D-Brooke. Introduced Feb. 18. Referred to the House Roads and Transportation Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4694%20intr.htm

 


Bill would exempt some TRS retirees from paying state income tax


Senate Bill 692. Proposed revisions to §11-21-12 would exempt any member of the State Teachers Retirement System who elected prior to March 6, 1972, to participate to the “full extent of their salary in the State Teachers Retirement System “ from  payment of state income tax to the “extent of the State Teachers Retirement benefits received.”

Sponsored by Sens. Oliverio and Prezioso. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb692%20intr.htm

This measure is the same as House Bill 4667. Sponsored by Del. Doug Stalnaker, D-Lewis. Introduced Feb. 18. Referred to the House Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4667%20intr.htm


Bill would eliminate waiting period for TRS members to get disability benefits


House Bill 4625.Proposed revisions to §18-7A-25 would eliminate the six month waiting period for those in the Teachers Retirement System to receive disability retirement benefits.

Sponsored by Dels. Sam Argento, D-Nicholas, and Dale Martin, D-Putnam. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4625%20intr.htm

Bill would provide COLA increase to PERS members receiving disability annuities


House Bill 4591. Proposed §5-10-22j would provide a Cost-Of-Living increase to Public Employees Retirement System (PERS) retirees receiving a disability annuity for at least five years and all annuitants who are least age 62 and who have been receiving a PERS annuity for at least five years.

The COLA adjustment would be equal to the amount in the annual increase in the Consumer Price Index as published by the United States Department of Labor Bureau of Labor Statistics or three percent, whichever is less.

There are four House sponsors, including lead sponsor Del. Campbell. Introduced Feb. 18. Referred to the House Pensions and Retirement Committee then the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4591%20intr.htm

Bill would allow Retiree Health Benefit Trust Fund retirees to participate in PEIA


Senate Bill 715. Proposed revisions to §5-16-2 would allow the Public Employees Insurance Agency Executive Director to allow some non-state retirees to be eligible for PEIA coverage.

Under terms of this bill, eligible employees who are not covered by a state retirement system but who are covered by a state approved, or state contracted retirement program or a system approved by the PEIA Executive Director would be able to participate in the Public Employees Insurance Agency as retired employees upon terms as the director sets by rule as authorized (by this legislation).”

Education employees

In the case of education employees, they must meet the minimum eligibility requirements of the state Teachers' Retirement System (TRS) and in all other cases, meet the minimum eligibility requirements of the Public Employees Retirement System (PERS).

The bill specifies that “employers with employees who are, or who are eligible to become, retired employees under (provisions of §5-16-2 ) are mandatory participants in the PEIA Retiree Health Benefit Trust Fund.

Opting out

The bill would allow employers to “opt out of the Retiree Health Benefit Trust Fund only upon the certification, under oath, of an authorized officer of the employer, that the employer has no employees who are, or who are eligible to become retired employees and that the employer will defend and hold harmless the Public Employees Insurance Agency from any claim by one of the employer's, past, or future employees for eligibility to participate in the Public Employees Insurance Agency as a retired employee.”

Sponsored by Sens. Plymale and Minard. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb715%20intr.htm


PEIA would be able to charge employers for amounts not timely paid


Senate Bill 752. Proposed revisions to §5-16-18 would allow the Public Employees Insurance Agency to recover  an additional interest amount from any employer that fails to pay any premium or minimum annual employer payment in a “timely manner.”

Under terms of the bill, the agency would be able to recover the amount due plus an additional amount equal to 2.5 percent of the annual amount due PEIA.

“Accrual of interest”

The bill states that “accrual of interest owed by the delinquent employer would commence on the (31st) day following the due date for the amount owed and shall continue until receipt by the Public Employees Insurance Agency of the delinquent payment. “

Interest would compound every 30 days.

There are three Senate sponsors, including lead sponsor Sen. Helmick. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb752%20intr.htm

The House companion is House Bill 4670. There are three House sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4670%20intr.htm


Dependents would have to reside with employee covered by PEIA


Senate Bill 758. Proposed §5-16-13 would require dependents to  live with the employee receiving Public Employees Insurance Agency (PEIA) coverage and would prohibit public employees hired on or after the July 1, 2008, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency upon retirement.

There are three Senate sponsors, including lead sponsor Sen. Walt Helmick, D-Pocahontas. Introduced Feb. 18. Referred to Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb758%20intr.htm

The House companion is House Bill 4658. There are three House sponsors, including lead sponsor Del. White. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4658%20intr.htm

Senate Bill 764 is a related measure. It, too,  would require that dependents must live with the employee having PEIA coverage and would prohibit  public employees hired on or after July 1, 2008, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency upon their retirement.

There are three Senate sponsors, including lead sponsor Sen. Helmick. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb764%20intr.htm


Bill would allow for permissible appropriation of funds for state Bureau of Medical Services


Senate Bill 769. Proposed revisions to §11B-2-15 would continue the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services of the Department of Health and Human Resources.

There are three Senate sponsors, including lead sponsor Sen. Helmick. Introduced Feb. 18. Referred to the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb769%20intr.htm

Also refer to House Bill 4676, the companion measure. There are three House sponsors, including lead sponsor Del. K. Steven Kominar, D-Mingo. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4676%20intr.htm


Bill would extend PEIA coverage for pregnancy-related conditions


House Bill 4614. Proposed revisions to §5-16-13 would require the Public Employees Insurance Agency to provide coverage of pregnancy-related conditions for covered spouses and dependents, when pregnancy related benefits are extended to covered employees by a group insurance plan.

Additionally, the bill states that PEIA coverage is excess or secondary coverage for each spouse and dependent that has primary coverage from any other source.

There are 11 House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4614%20intr.htm

 


Bill makes several changes in Workers’ Compensation statutes


House Bill 4636. This bill would amend several sections of Code relating to Workers’ Compensation coverage.

One change would be to prohibit government contracts with employers in default and would permit the Insurance Commissioner to employ enforcement procedures for such employers.

It also sets rates for surcharges on insured employers and makes some revisions to the litigation system for Workers Compensation claims.

Lastly, the bill would increase the salaries of the members of the Workers’ Compensation Board of Review.
Sponsored by Del. Kominar. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4636%20intr.htm


Bill would require “mandatory carding” of all persons purchasing beer or alcohol


House Bill 4706. Proposed §11-16-18 would require mandatory carding for all purchases of alcoholic liquor and nonintoxicating beer purchased from a retailer.

Additionally, the bill provides protection from criminal and civil liability for retailers that install transaction scan devices and require their agents, employees and servants to enforce mandatory carding.

There are three House sponsors, including lead sponsor Del. Corey Palumbo, D-Kanawha. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4706%20intr.htm


Bill would establish the “Consent to Health Care of Minors Act”


Senate Bill 705. Proposed §49-6C-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.

Relying in good faith on caregiver affidavit consent

Under terms of the bill, “a person who relies in good faith on this affidavit of caregiver consent for a minor's health care has no obligation to conduct any further inquiry or investigation and shall not be subject to civil or criminal liability or to professional disciplinary action because of that reliance."

Bill provisions would apply “even if medical treatment is provided to a minor in contravention of a decision of a parent, legal custodian or guardian of the minor who signed the affidavit if the person providing care has no actual knowledge of the decision of the parent, legal custodian or guardian.”

There are several other provisions.

Sponsored by Sen. Unger. Introduced Feb. 18. Referred to the Senate Health and Human Resources Committee then the Senate Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb705%20intr.htm

The House companion measure is House Bill 4596. Sponsored by Del. Walter Duke, R-Berkeley. Introduced Feb. 18. Referred to House Health and Human Resources Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4596%20intr.htm


Measure would adjust child welfare payments to match US Department of Labor Employment Cost Index


House Bill 4598. Proposed §49-7-35 would require annual adjustments of provider payments under agreements entered into under the provisions of West Virginia Code chapters 16 (Public Health), 27 (Mentally Ill Persons) or 49 (Child Welfare, based on the non-seasonally-adjusted employment cost index issued by the United States Department of Labor.

There are five House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4598%20intr.htm


Funding mechanism would be established for Child Advocacy Centers


House Bill 4634. Proposed §14-2A-4 would create a funding mechanism for Child Advocacy Centers from the Crime Victim's Compensation Fund, using 25 percent of the moneys for the Centers.

 The bill also creates a fund to be disbursed by the Division of Criminal Justice Services in cooperation with the West Virginia Child Advocacy Network.

Funds distribution

Child Advocacy Network funds would be distributed to:

There are eight House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 16. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4634%20intr.htm


Minor’s medical records for drug usage would be able to be released to parent or legal guardian


House Bill 4674. 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 11 House sponsors, including lead sponsor Del. Sobonya. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4674%20intr.htm

 


DMV would be required to notify State Police when registered sex offender buys motor vehicle


House Bill 4662. Proposed revisions to §15-12-2 would require the Division of Motor Vehicles to notify the West Virginia State Police when a registered sex offender purchases, trades or registers a motor vehicle.

Sponsored by Del. Larry A. Williams, D-Preston. Introduced Feb. 18. Referred to the House Roads and Transportation Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4662%20intr.htm


Supreme Court Justices would be elected by nonpartisan ballots


House Bill 4650. Proposed §3-1-16, -17 and proposed revisions to §3-4A-11a and proposed §3-5-6a, -b, and §3-6-2a and proposed §51-2-1 would require all West Virginia Supreme Court of Appeals justices and all circuit court judges on a nonpartisan basis.

There are four House sponsors, including lead sponsor Del. Palumbo. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4650%20intr.htm

Note This measure is similar to Senate Bill 475 which is reviewed in the Feb. 4 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb475%20intr.htm


Bill reaffirms Legislature’s constitutional authority to appropriate public moneys


Senate Bill 685. Proposed §12-3-21 would reaffirm the constitutional authority of the Legislature to appropriate public moneys.

Additionally, the measure reasserts the Legislature’s primacy in establishing procedures for appropriation of moneys received in certain action such as settlements and judgments, fines, restitution, forfeitures, penalties, costs, interests or judgments collected from civil litigation, administrative proceedings or settlements of any claims with these moneys to be deposited in the General Revenue Fund.

Finally, bill provisions would require reporting expenses in these actions in order to provide the Legislature with information necessary for it to properly exert its authority to appropriate.

There are 12 Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced Feb. 18. Referred to the Senate Judiciary Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb685%20intr.htm


Broadband Development Fund would be established


Senate Bill 701. Proposed §31-15C-1 et. seq. would create the Broadband Deployment Council and to develop a strategy and mechanism to be employed in extending broadband to every West Virginian by stimulating demand for broadband services and by constructing the necessary infrastructure to meet that demand.

The Deployment Council would be an instrumentality of the state and would operate under auspices of the West Virginia Infrastructure & Jobs Development Council for administrative, personnel and technical support.

Deployment Council

It would be comprised of seven members, including the Governor, Secretary of Commerce, the state’s Chief Technology Officer, and four members who would represent the public, one representing rural communities, one representing telecommunications providers, one representing cable operators, and one representing broadband equipment or device manufacturers.

The Council would have several duties, including provision of consultation services to project sponsors in connection with the planning, acquisition, improvement, construction or development of any broadband deployment project.

Duties

Other duties include:

Based on these powers and duties, the Council’s role is to “bring broadband service to those areas without broadband service.

“The council may not duplicate or displace broadband service in areas already served or where private industry feasibly can be expected to offer services in the reasonably foreseeable future.

“ In no event may projects or actions undertaken be, used to finance or support broadband or other services in competition with private industry.”

Three type broadband areas

The measure would establish methodology to designate un-served areas of the state as being one of three distinct types.

They include:

  1. Type 1 unserved area: an area in which broadband may be deployed by service providers in an economically feasible manner;
  2.  Type 2 unserved area: an unserved area in which broadband may be deployed by broadband service providers and other entities in an economically feasible manner, provided some form of state moneys is made available; and
  3. Type 3 unserved area: an unserved area in which, at present, cable or wireline broadband cannot be deployed in an economically feasible manner and an intermodal approach employing other technologies, such as satellite and wireless, is required to provide that area with high-speed internet access.

Remaining bill provisions address the development of guidelines and application for funding assistance with the project sponsor submitting an application to the Council.

Once an application is received, notice would be posted for 60 days in order for other “competing applications to be submitted.”
Submitted applications either would be approved or disapproved if the Council “determines that a proposed project is not eligible for funding assistance or is otherwise not an appropriate or prudent investment of state funds.”

Donations, bequests, gifts, legislative appropriations

Project funding would be derived from the Broadband Deployment Fund and would consist of donations, bequests, gifts, legislative appropriations, etc.

In making decisions about deployment of broadband service, a board consultant could be utilized or outside consultants.

There are many other provisions.

Sponsored by Sens. Tomblin and Caruth. Introduced Feb. 18. Referred to the Senate Transportation and Infrastructure Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb701%20intr.htm

The House companion measure is House Bill 4637. It is sponsored by Dels. Richard Thompson, D-Wayne and Armstead. Introduced Feb. 18. Referred to the House Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4637%20intr.htm

Electronic Telecommunication Open Infrastructure Act (ETOPIA).

Also refer to Senate Bill 733. This proposal, sponsored by 21 senators, would expand technology infrastructure to provide broadband Internet access throughout the State of West Virginia in part by creating the Electronic Telecommunication Open Infrastructure Act (ETOPIA).

The measure would require an inventory and mapping of the current availability of access to broadband communications in this state in order to develop coordinated deployment and operation of technology infrastructure within this state.

It provides for technology infrastructure inventory, local government cooperation and inventory survey reporting requirements.

Other bill provisions create the Joint Legislative Oversight Commission on Transportation and Infrastructure.

It would authorize the Secretary of Commerce to establish reporting requirements; authorizing secretary to provide technical and funding assistance to develop technology infrastructure.

Early childhood education

There are numerous other provisions, including use of broadband infrastructure, technology and information to enhance early childhood development.

There are 21 Senate sponsors, including lead sponsor Sen. Unger. Introduced Feb. 18. Referred to the Senate Transportation and Infrastructure Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb733%20intr.htm

This measure is similar to House Bill 4343 which is reviewed in the Feb. 4 issue of The Legislature. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4343%20intr.htm

New road construction

Another measure relating to broadband services is House Bill 4620. Among its provisions, it would specify that infrastructure projects providing broadband services facilities would 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.

Lastly, the bill removes the limitation of the amount of funds which may be annually transferred to the account.

Sponsored by Del. Richard Browning. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4620%20intr.htm

 

Measure would establish Herbert Henderson Office of Minority Affairs


Senate Bill 734. Proposed §5-26-1 et. seq. would create the Herbert Henderson Office of Minority Affairs as a cabinet in the Governor's office.

‘Diversity, cultural and ethnic sensitivity’

According to various bill findings, the Legislature intends, through this proposal, to allow “diversity and regional, cultural and ethnic sensitivity in the development of programs and services for minorities.

“To the greatest extent possible, families and communities are to be involved in all aspects of planning, delivery and evaluation of services. This is intended to foster strong minority and community program ownership while maintaining clear parameters for program goals and purposes through the Governor's cabinet on minority groups.”

Cabinet in the Governor’s Office

Thus, one purpose of the Article is to achieve the “coordination of programs and services to minority groups through a cabinet in the Governor's office which is independent from any state agency and which shall act as an interagency cabinet created to nurture a flexible system for the comprehensive, unified, effective and efficient administration of programs and services to minorities which avoids fragmentation and duplication of programs and services.”

Service delivery

Accordingly, any resulting service delivery system is to be “driven by the needs and preferences of minorities, shall reflect local community characteristics and resources, shall allow for local input, and shall focus on prevention, education and early intervention.”

The Cabinet would include the Secretary of Health and Human Resources, the Secretary of Military Affairs and Public Safety, the Secretary of Administration, the State Superintendent of Schools, the Attorney General, one state senator, and one delegate.

Appointed by the governor, the legislators would serve in an advisory capacity.

Three members, also selected by the governor, would be members of the citizens advisory council established in the bill.

During its first year of operation, the Council would meet monthly, and, in subsequent years, at least twice annually.

12-30 member citizens advisory committee

The citizens advisory council would include 12-30 members and must have “experience in minority affairs in such areas as housing; health promotion and disease prevention; education; transportation; reading and literacy; food and nutrition; clothing; utilities; job training and employment; child care; child protection; early intervention and crisis intervention; assessment and diagnosis; home-based family development; preservation and reunification; financial planning; mental health and counseling; substance abuse prevention counseling and treatment; addiction awareness training; pregnancy prevention; and information, referral and placement.”

Council purpose

The Council’s purpose is to:
  1. “Provide a forum for discussion of issues that affect the state's minorities;
  2.  Identify and promote best practices in the provision of services to minorities;
  3.  Review information and research that can inform state policy;
  4.  Make recommendations to the cabinet in areas of policy and allocation of resources;
  5.  Focus attention on accountability and results;
  6.  Assist the cabinet in developing a cross-agency multiyear state plan for improving the well being of minorities;
  7.  Connect government officials who make decisions with the minority groups affected by their decisions;
  8.  Engage local communities through resource networks to work on local issues and statewide priorities concerning minorities;
  9.  Assure that community and minority voices are heard by the cabinet; and
  10.  Promote minority support practices by all publicly funded agencies.”
Required areas of Cabinet work

There are other provisions.

There are three Senate sponsors, including lead sponsor Sen. Jon Blair Hunter, D-Monongalia. Introduced Feb. 18. Referred to the Senate Government Organization Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb734%20intr.htm

The House companion measure is House Bill 4665. There are 11 House sponsors, including lead sponsor Del. Cliff Moore, D-McDowell. Introduced Feb. 18. Referred to the House Government Organization Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4665%20SUB.htm

Minority-owned businesses

Also refer to House Bill 4643. That measure would establish an office within the state Development Office to promote and support the growth of minority-owned businesses in West Virginia.
There are eight House sponsors, including lead sponsor Del. Webster. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4643%20intr.htm


Chief technology officer would have access to confidential records


Senate Bill 759. Proposed revisions to §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.

Sponsored by Sens. Helmick and Edwin Bowman, D-Hancock. Introduced Feb. 18. Referred to the Senate Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb759%20intr.htm

The House companion is House Bill 4671. There are seven House sponsors, including lead sponsor Del. Danny Wells, D-Kanawha. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4671%20intr.htm


Pearl Harbor Day holiday would be established


Senate Bill 768. Proposed revisions to §2-2-1 would designate December 7, "Pearl Harbor Day," as a legal state holiday.

There are three Senate sponsors, including lead sponsor Sen. Hunter. Introduced Feb. 18. Referred to the Senate Military Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb768%20intr.htm

This measure is the same as House Bill 4580 which is reviewed in the Feb. 18 edition of The Legislature.


Jobs impact statement would be required


House Bill 4673. Proposed §5B-2G-1 et. seq. would require a Jobs Impact statement for proposed legislation that may cause an impact on the state’s economy.

Sponsored By Dels. Armstead and Mitch Carmichael, R-Jackson. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4673%20intr.htm

The companion Senate measure, reviewed in issue 2 of The Legislature, is Senate Bill 71. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb71%20intr.htm


Bill would establish West Virginia Fairness in Public Construction Contract Act


House Bill 4697. Proposed §5-22B-1 et. seq. would enact a comprehensive prompt payment law which requires public owners to pay contractors undisputed amounts due within 30 days of receiving a proper invoice - and contractors to pay subcontractors within seven days of receiving payment from owners.

There are several other provisions.

Sponsored by Del. Orphy Klempa, D-Ohio. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4697%20intr.htm

Also refer to House Bill 4626. That bill would require disclosure of general and subcontractors license within two hours of the close of bids to the contracting public entity for review prior to the award of a contract.

Sponsored by Del. Klempa. Introduced Feb. 18. Referred to the House Government Organization Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4626%20intr.htm


Bill would create Juvenile Status Offender Fund


Senate Bill 762. Proposed revisions to §49-5B-4 would create a special revenue account in the State Treasury known as the Juvenile Services Status Offender Fund to facilitate reimbursement of expenses incurred by the Division of Juvenile Services in housing juvenile status offenders.

Sponsored by Sen. Boley. Introduced Feb. 18. Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb762%20intr.htm

http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4626%20intr.htm

 


Tax Increment Financing Act introduced


Senate Bill 741. Proposed revisions to §7-11-B-2 et. seq. would modernize the West Virginia Tax Increment Financing Act, bringing it up to current regulations and providing for financing regulations for development of infrastructure.

Sponsored by Sens. McCabe and Plymale. Introduced Feb. 18. Referred to the Senate Economic Development Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb741%20intr.htm

The House companion is House Bill 4707. There are five House sponsors, including lead sponsor Del. White. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4707%20intr.htm


Continuing care retirement community defined for property tax assessment purposes


Senate Bill 745. Proposed revisions to §11-4-3 would make adjustments in the definition of “Qualified continuing care retirement community” in terms of tax assessment purposes.

Under terms of the bill, corporations or organizations owning these facilities would be required to submit a written authorization to the applicable county assessor agreeing that the continuing care retirement community's designated common areas, and only the designated common areas may be taxed at the (Class IV property rate) instead of the rate applicable to the Class II classification.”

There are other provisions.

Sponsored by Sens. Plymale and Evan Jenkins, D-Cabell. Introduced Feb. 18 . Referred to the Senate Health and Human Resources Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb745%20intr.htm


Senior Citizen Property Tax Stabilization Bill Introduced


Senate Bill 773. Proposed §11-6I-1 et. seq. would apply tax stabilization for senior citizens after Jan. 1, 2009, if the tax increment increase – property tax – is greater than $300 or 10 percent or more.

There are several provisions.

Sponsored by Sen. Unger. Introduced Feb. 18. Referred to the Senate Judiciary Committee then the Senate Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb773%20intr.htm


Bill would exempt real estate used for providing housing and religious and leadership training from taxation


House Bill 4622. Proposed revisions to §11-3-9 would exempt all real estate not exceeding two acres in extent, and the buildings thereon, used exclusively by any college or university society as a literary hall, or as a dormitory or clubroom, if not used with a view to profit, including, but not limited to, “property owned by a nonprofit corporation which provides housing and religious and leadership training to college or university students when the property is used to provide religious and leadership training to college or university students and to provide residential accommodations for college or university students,.”

Other similar exemptions relate to property owned by a fraternity or sorority organization affiliated with a university or college, or property owned by a nonprofit housing corporation or similar entity on behalf of a fraternity or sorority organization affiliated with a university or college, when the property is used as residential accommodations or as a dormitory for members of the organization.

Sponsored by Dels. Morgan and Kevin Craig, D-Cabell. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4622%20intr.htm


Property’s assessed valuation could not be greater than previous assessed value if owned by same individual(s)


House Bill 4655. Proposed §11-1C-9  would limit the valuation of any property still owned by the same person or persons who owned the property at the time of the previous periodic valuation, the property's assessed value may not be greater than 0.175 times the previous assessed valuation.

Sponsored by Del. Miley. Introduced Feb. 18. Referred to the House Finance Committee. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4655%20intr.htm


Bill would provide credit for ad valorem tax paid on manufacturing inventory


House Bill 4698. Proposed §11-23-29 would provide a tax credit for Ad Valorem tax paid on Manufacturing Inventory, and other tangible personal property which will reduce either or both the amount of business franchise tax or corporate net income tax owed , effective the tax year beginning July 1, 2008.

Sponsored by Del. Craig P. Blair, R-Berkeley. Introduced Feb. 18. Referred to the House Finance Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4698%20intr.htm


Tobacco products must be sold in original wrappings


House Bill 4652. Proposed revisions to §16-9A-8 would insure 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 Dels. Schoen and Perdue. Introduced Feb. 18. Referred to the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4652%20intr.htm

The companion Senate legislation is Senate Bill 288 which is reviewed in the Jan. 28 issue of The Legislature. Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/sb288%20intr.htm


Bill would increase penalties for overtaking a school bus


House Bill 4589. Proposed §17C-12-7 would increase from $50-$200 to $200-$500 penalties for overtaking a school bus.

If the identity of the driver cannot be ascertained, the licensee would be fined $100 – $250.

(The current fine ranges from $25 - $100.)

Sponsored by Del. Mary Poling, D-Barbour. Introduced Feb. 18. Referred to the House Education Committee then the House Judiciary Committee. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/hb4589%20intr.htm

 

Senate Bill 729 would eliminate the requirement of use of a Social Security number in securing any state service…Senate Bill 731 would permit depositories of state, county (county commission), municipal and other public moneys to pool securities in lieu of other bonding. There are several other provisions. The corresponding House Bill is House Bill 4692…Senate Bill 735 would dedicate a portion of revenue generated from severance taxes for the benefit of counties at the discretion of the Legislature…Senate Bill 746 would implement a covered electronic devices takeback program (applies to items such as computers) so as to “establish a convenient and environmentally sound recovery program for the collection, recycling and reuse of covered electronic devices that reached the ends of their useful lives…”…Senate Bill 686 would provide for the planning, construction, and expansion of new or existing water, sewer, gas, telecommunication lines or facilities and other infrastructure in conjunction with the construction of new road projects…Senate Bill 707 would legalize and regulate sales of fireworks,..Senate Bill 760 would clarify that pilot municipalities of metro governments cannot pass ordinances contrary to laws relating to municipalities in terms of procuring architect or engineering services. A related bill is House Bill 4679. It would change the timetable and responsibilities of the Municipal Home Rule Pilot Program…Senate Bill 766 would increase the salary of some public employees from $50 for each year of service to $100 per year of service. Also refer to House Bill 4703. It would raise the state salary level (state employees) to 125 percent above federal poverty guidelines…

House Bill 4590 would limit classification of real property as managed timberland to “prevent property tax revenues from decreasing by more than five percent”…House Bill 4602 would provide noise restrictions for residential areas outside incorporated municipalities Also refer to House Bill 4627.…House Bill 4608 would create a pilot program for child day care centers owned by the state…House Bill 4615 would exempt the first $20,000 of state pensions and Social Security benefits from state personal income tax…House Bill 4616 would establish a healthcare reimbursement account for local government employees…House Bill 4621 would exempt property-takings, including regulatory takings, from the immunity granted to a political subdivision…House Bill 4627 would authorize the Commissioner of Highways to seek the advice of, and consult with, county commissioners with regard to all roads in and outside the state road system located in their counties…House Bill 4647 would require county commissions to hold public hearings to gather public opinion and comments prior to public question elections…4651 would consolidate all gambling-related functions within the state Department of Revenue into a single gaming commission. The state Gaming Commission also would include the state athletic (box) commission…House Bill 4654 would limit the use of some lands for “non-energy” related purposes in “growth counties”…House Bill 4668 would create the West Virginia Addictions Treatment and Recovery Fund by dedicating five cents per ounce of the uniform price of alcohol in this state to the fund…House Bill 4680 would allow for expanded employment of retired state employees in critical need area.  

 

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

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

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

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

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