WVSBA The Legislature

March 1, 2010 - Volume 30 / Issue 14

Overview

Inside

Feb. 22, 2010 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced Feb. 22, 2010 – the last day to introduced bills in the Senate and the House. (This provision does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.)

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

I have provided an extensive review of Senate Bill 686, the Senate’s charter school bill. Note: That review concerns the measure as introduced – not the Committee Substitute being considered by the Senate.  

It is my hope this review proves useful to county board members and others.

A total of 50 bills are reviewed.

For a copy of any bill, please contact WVSBA: 304.346.0571. You also may contact me at hocull@wvsba.org

Bills are posted on the West Virginia Legislature’s Web site: http://www.legis.state.wv.us

Editor’s Note: Listing is not exhaustive.

 

PUBLIC EDUCATION

 

Introduced version of charter schools bill reviewed; modified in both Senate Education and Senate Finance Committees



Senate Bill 686. Under terms of this 28-page bill, charter schools would be established in West Virginia.

These are among bill provisions:

County board as “authorizer.”

  1. County boards would be authorized to create public charter schools and/or to convert public schools to public charter schools. This means the county board is the “authorizer.”

Statutory Intent.

  1. Under terms of the legislation, the intent of charter schools is to “…provide teachers with the flexibility to design their own education environment and to provide a mechanism for discovering successful education practices that can be replicated in all public schools.”

“Sponsors” or “applicants.”

  1. Charter schools’ “sponsors” or “applicants” could include a “group of teachers, an education organization (state institutions of higher education fall into this category) or a Local School Improvement Council (LSIC).”

    ” For-profit entities, private schools, religious or church schools or schools that “promote the agenda of any religious denomination or religiously affiliated entity” would be prohibited from becoming, for purposes of this legislation, charter schools  “sponsors” or “applicants.”

    LSICs also would not be able to “…create a new public charter school,” according to a related bill section.


“…Part of the state program of public education.”

  1. Charter schools would be a “part of the state program of public education.”

    Thus, they would be subject to “any regulatory and statutory requirements related to federal and state civil rights, federal, state and local health and safety, federal and state public records, immunizations, school nutrition, and confidentiality of student data, possession of weapons on school grounds, background checks and fingerprinting of personnel, federal and state special education services, student due process, parental rights, federal and state student assessment and accountability, open meetings, freedom of information, accounting procedures, purchasing procedures, all school personnel certification requirements; and all other provisions of state and federal law, state board rules and county board rules.”  (There are exceptions as listed below.)  

Excepted from (§18-A).

  1. Charter schools would be exempt from the school calendar, minimum instructional minutes per day, required programs of study, Instructional goals and objectives and instructional methods, “any personnel laws set forth in chapter (§18-A) relating to hiring, termination of employment, evaluations, seniority, and (Reductions In Force)” and school uniforms. There are exceptions for the latter. 

    Additionally, the “governing body” of a public charter school would be able to apply to the state Board of Education for a waiver of any “provisions of its rules and to the county board for a waiver of any provisions of its rules.”

    Finally, the governing body (of a charter school) would be able to request the Legislature to exempt it from certain provisions or to change certain school law provisions “generally.”
     

Charter application.

  1. In order to establish a charter school, the “sponsor,” as the term is defined above, would file a charter school application with the county board in which the sponsor “plans to create the charter school.”

    In determining whether or not to approve the application, the county board would only be able to consider whether the requirements of (the public schools charter statute) are “satisfied, whether the merits of the application are in the best interest of the students and whether or not the sponsor has engaged in any of the conduct that would justify revocation of a public charter school's charter status…The county board may not consider any other factor.”

    If these conditions are met, the county board would be required to approve the application.

501(c)(3) status.

  1. A public charter school would be operated by a “not-for- profit organization that is exempt from federal taxation under Section 501(c) (3) of the Internal Revenue Code. No charter could be granted to a for-profit entity.

Conversion of existing school.

  1. In terms of conversion of a public school to a public charter school, 60 percent of the teachers assigned to an “existing school (would have to) agree and demonstrate support by signing a petition seeking conversion (of that public school to a public charter school).” These provisions also apply to an LSIC seeking a petition for conversion of a public school to a public charter school.  

Creation of new charter school.

  1. A sponsor would be able to apply to create a new public charter school only if 60 percent of the teachers “employed by the county board of the district where the new public charter school will be located agree and demonstrate support by signing a petition seeking conversion. The petition would be submitted to the county board along with the public charter school application.”

Web-based charters would be disallowed.

  1. Charter applications that seek to convert any “private, parochial, Internet-based or home-based school to charter status” or which would create any “private, parochial, Internet-based or home-based charter school” would be prohibited.
  2. Individuals or organizations could provide “funding or other assistance to the establishment or operation of a public charter school, but the funding or assistance would not entitle the individual or organization to any ownership interest in the school.”

Application particulars.

  1. At least 60 days before the proposed public charter school plans to begin operating, the sponsor “seeking to establish a public charter school” is to prepare, for county board consideration, an application that addresses the following matters:
  2. “A statement defining the mission and goals of the proposed charter school;
  3. “The proposed instructional goals and objectives and instructional methods for the school, which at a minimum, would include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school;
  4. “An operating budget for the first two years of operation of the public charter school based on anticipated enrollment;
  5. “A timetable for commencing operations as a public charter school;
  6. “Information on the minimum daily instruction time requirements, the minimum instructional day per year requirement and the amount of professional development that will be provided to personnel employed at the public charter school;
  7. “The proposed rules and policies for governance and operation of the school
  8. “The identification of the teachers, education organization which may include a state institution of higher education or members of the local school improvement council sponsoring the proposed public charter school, including names and addresses;
  9. “The plan for management and administration of the school; and
  10. “Any other reasonable information the county board determines is necessary to ascertain whether or not the public charter school is complying with (statutory requirements), whether or not the merits of the application are in the best interest of the students and whether or not the sponsor has engaged in any of the conduct that would justify revocation of a public charter school's charter status…However, the county board may not require any information that places an undue hardship on the sponsor or results in unnecessary delay in the charter application process.”

County board to treat Application particulars as informational.

  1. The measure states that much of the information cited above is for “informational purposes only…The county board only has authority to deny an application for failure to meet the requirements of this (statute) upon a determination that the merits of the application are not in the best interest of the students or upon a determination that the sponsor has engaged in any of the conduct that would justify revocation of a public charter school's charter status…”
  2. The county board would have 90 days in which to approve or deny an initial charter application.

County board charter denial.

  1. If or when denying a charter application, the county board is to state its reasons in writing to the sponsor, with the sponsor then given an opportunity to “correct any deficiencies” and resubmit the application or an amended application.
  2. Each time the application is resubmitted or an amended application is submitted, the county board has 60 days to approve or deny the application.

Three-year initial approval; thereafter five-year reviews.

  1. Initial approval of a charter school application is effective for three years after approval. After that time, the charter school’s status would be revoked unless the sponsor applies for public charter school status and the sponsor’s application is approved. Subsequent approval of a public charter school application is effective for five years.
  2. Factors that would be used in making this determination include whether the same sponsor is submitting the application, whether the mission of the school is the same, whether the charter school will be located in the same attendance zone and other factors the county board “determines are relevant.”

Revocation of charter.

  1. A county board would be able to revoke a public school's status as a charter school before the end of the three or five year term, as applicable, only if the board determines that the governing body has engaged in gross misconduct, there is mismanagement of funds, incompetence, or willful neglect of duty detrimental to student achievement.

Governing board to include teachers, aides.

  1.  Public charter schools would be governed and managed by a governing board consisting of four teachers elected by the faculty senate of the school, one service personnel elected by the school service personnel at the school. (Only service personnel employed at the school. Only service personnel employed as classroom aides, autism mentors, Braille or sign language specialists and paraprofessionals would be eligible to be elected.)

Four parents.

  1. Four parents, guardians or custodians of students enrolled at the school elected by the parent, guardian or custodian members of the school's parent teacher organization.
  2. If there is no parent teacher organization, the parent, guardian or custodian members would be elected by the parents, guardians or custodians of students enrolled at the school in a manner as determined by the principal and approved by the governing body.

Student body president.

  1. In the case of a school with students in grade nine or higher, the student body president or other student in grade nine or higher elected by the student body in those grades would be a nonvoting member; and
  2. The county superintendent or his or her designee would be a nonvoting member. However, in the event of a tie vote of the governing body, the county superintendent or his or her designee would break the tie.

Staggered terms.

  1. Governing board members would serve two-year terms with staggered terms for some initial appointees.
  2. For a newly created public charter school, the principal of the school would serve as the governing body until the governing body is formed. However, he or she would serve for 30 days only.

Parents.

  1. None of the parents of the governing body would be able to be employed at that school in any capacity nor would any of the parents be able to have any interest in or connection to the school other than being a parent of one or more of the students at the school.
  2. The principal and one person from the central office selected by the county superintendent would arrange for the elections to be held each year prior to the beginning of the instructional term and would give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections would be held within the same week.
  3. Elected governing body members only would be replaced upon death, resignation or failure to appear at three consecutive meetings of the governing body for which notice was given.

Organizational meeting.

  1. At its organizational meeting, the governing body would elect a chair from among its membership who would serve a one-year term. That person would not be able to serve as chair for more than two consecutive terms. If the chair's position becomes vacant for any reason, the principal would call a meeting of the governing body to elect another qualified person to serve the unexpired term. Once elected, the chair would be responsible for notifying each member of the governing body in writing two employment days in advance of any meeting of the governing body.
  2. The governing board would be required to meet monthly. There are other provisions relating to the convening of governing board special meetings.

Performance standards the same.

  1. Charter schools would have to meet the same performance standards adopted by the state board for other public schools;.
  2. They would receive state, federal and local funds from the county board of the district in which the school is located; and,
  3. They would be required to provide special education services as required for all public schools by federal law.

Subject to federal laws.

  1. Charter schools would be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry or need for special education services.
  2. The schools would be required to comply with all applicable health and safety standards, regulations and state and federal laws.

Accountable to county board.

  1. Charter schools would be accountable to the county board.
  2. Charter school governing board members would be subject to ethical standards that are applicable to county board members.

Governing board meetings public.

  1.  The governing board’s meetings would be public meetings.
  2. Teachers in charter schools would have to hold valid teaching certificates or permits.

Charters would be subject to “all state audit procedures” and GASB, OEPA.

  1. Charter schools would be subject to all state audit procedures and audit requirements, and would submit quarterly financial reports to the county board of the district in which the public charter school is located.
  2. The schools would not be able to charge tuition.
  3. Charter schools would operate under the same fiscal year budgeting procedures as county boards, including use of Governmental Accounting Standards Board (GASB) Standards.
  4. These schools would be subject to Office of Education Performance (OPEA) Audits.

Teacher pay.

  1. Charter schools teachers would be paid a salary equivalent (“uniform”) to the salary of other teachers in the county with the same years of service and collegiate or graduate hours. Teachers certified by the National Board for Professional Teaching Standards also would be paid the bonus as specified in statute.

Performance pay based on student achievement.

  1.  Additionally, the governing body of the public charter school would be able to award performance pay to charter school teachers, based on a career ladder concept.  Public funds would be used for this purpose. The performance pay would be contingent upon increases in student achievement and similar factors.

Service personnel pay.

  1.  Service personnel at a public charter school would be paid an amount that is equivalent to the pay of other service personnel in the county with the same years of service and pay grade.

Charter school faculty senates.

  1.  A public charter school would be required to have a faculty senate.
  2. The charter faculty would be able to interview new prospective professional educators and paraprofessional personnel, based on existing law.
  3. The faculty senate at a public charter school would be able to review the evaluation procedure and the evaluation procedure as conducted and would be able to  make recommendations to the principal, governing body or both.
  4. It appears charter school faculty senates would not have to follow dictates regarding Instructional and Enhancement days when scheduling their meetings.
  5. A public charter school employee would be able to file a grievance based on the manner prescribed in statute.

Chapter §18A requirements not applicable.

  1. Chapter §18A requirements “relating to hiring, termination of employment, evaluations, seniority and (RIFs)”  would not be applicable to public charter schools.

Funding.

  1. The county board of the county in which a public charter school is located is would be required to allocate 100 hundred percent of the state and local education funds to the public charter school based on the per pupil expenditure of the county board for current operations.
  2. The per pupil expenditure would be based on the district’s second month headcount enrollment (previous school year).
  3. For a newly created public charter school, funds which would otherwise be allocated on the basis of enrollment in the prior year would be allocated, during the charter school’s first full academic year of operation, on the basis of the anticipated enrollment in the charter application as approved by the county board. The amount(s) would be adjusted subsequently to reflect the actual number of students enrolled.

Able to receive grants, gifts, donations.

  1. A public charter school also would be able to receive federal grant funds; grants, gifts, “devises” or donations from any private sources; and state funds appropriated for the support of the public charter school, if any, and any other funds they would receive from the county board of the district in which the public charter school is located.
  2. Receipt of any of these funds except funds from the county board would be reported to the county board. Public charter schools, county boards and the state superintendent would be encouraged to apply for federal funds appropriated specifically for the support of charter schools.

Transportation.

  1. Transportation would be provided by agreement with the county board of the district within which the school is located in the same manner it would be provided if the students were enrolled in any other school within the district.
  2. A public charter school would not be able to contract for transportation services.

Information to public about charter schools.

  1. The state superintendent would be required to provide information to the public through the West Virginia Department of Education’s website relating to formation and operation of a  public charter school. This information would include a standard application format.

State Superintendent ‘monitoring.’

  1. The state superintendent would be required to monitor the status of charter school applications and to maintain information on the total number of charter school applications, total number of charter school applications granted by type of school and total number of charter school applications denied.

Seniority.

  1. School personnel employed in a public charter school would accrue seniority in the district in which the public charter school is located while service personnel would accrue years of service for purposes of salary and retirement.

“Deselected employees.”

  1. Charter school employees who resign or are “deselected” would continue to hold the status of “permanently employed instructional person solely for the purpose of applying for a position in a regular public school…” The same would apply to service personnel.
  2. Any person holding permanently employed instructional person status or regularly employed service person status would only retain that status until he or she is selected for another position in a regular public school as per this statute.
  3. Transfer limitations and conditions relating to persons assigned to professional positions and the transfer limitations and for autism mentors and aides who work with autistic students would apply at charter schools.

County board employees.

  1. School personnel employed at a public charter school would be considered employees of the county board of the district in which the public charter school is located for the purposes of salary and benefits.
  2. Charter school employees could participate in the Public Employees Insurance Agency, in the Teachers Retirement System, and would receive other benefits provided to other school personnel employed by the county board.
  3. The county board initially would select the principal of a public charter school. Thereafter, the selection and deselection of the principal would be made by the county board only upon recommendation of the governing body.

Vote on retention of current principal.

  1.  Before July 1 of each year, the governing body would be required to make a recommendation to the county board as to whether to retain the current principal for the next school year or to deselect the current principal. This recommendation to the county board would be nonbinding.

Advisory group for selecting and deselecting teachers.

  1. Each public charter school would establish an advisory group for selecting and deselecting teachers at the charter school.
  2. This advisory group would consist of the four teachers on the governing board and one other teacher employed at the public charter school selected by the other teachers at the school.
  3. The selection of the one public charter school teacher would be by an election administered by the principal and one person from the central office selected by the county superintendent.

Advisory group interviews teacher candidates.

  1. The advisory group would interview all teacher candidates and recommend one or more candidates for the teaching position.
  2. If the principal notifies the advisory group that none of the recommended candidates are acceptable for the teaching position, the advisory group would recommend one or more additional candidates for the teaching position.
  3. This process would continue until a teacher is hired by the principal to fill the position.

Pay for teacher conducting interview(s).

  1. The charter school would be required to pay a teacher conducting an interview during a time that is not part of his or her employment term an amount that is based on the time spent conducting the interview, based on that teacher's normal rate of pay. No teacher, however, would be paid more than the equivalent of five days pay annually for conducting the interviews.
  2. The advisory group created through these statutory procedures would be responsible for recommending a system of performance pay based on a career ladder concept. Their recommendation would be made to the governing body within one year of the public charter school having received its initial authorization.

Career ladder pay based on increases in student achievement.

  1.  The recommended system of career ladder performance would be based on increases in student achievement and other factors.
  2.  The principal of a public charter school would select personnel to fill positions in the public charter school. The county board would be required to employ those personnel and assign them to the public charter school. The county board also would deselect school personnel assigned to a public charter school upon the request of the principal of a public charter school. The principal would have supervisory authority over the school personnel assigned to the school.

County board would not be able to transfer charter school personnel except upon principal’s recommendation(s).

  1. The county board would not select, deselect or transfer any person employed at a public charter school without the request or direction of the principal of the public charter school.
  2. The county board would either reduce the amount of funding paid to the public charter school or would otherwise charge the public charter school for the cost of the salaries and benefits for the school personnel employed by the county board and assigned to the charter school.

Charter dissolution.

  1. Upon dissolution of a public charter school or if a charter were not renewed, any unencumbered public funds from the public charter school would revert to the county board of the district in which the public charter school is located.
  2. If a public charter school is dissolved for any reason or a charter is not renewed, the charter school would be responsible for all debts it has incurred.  Neither the county board of the district where the charter school is located or any other governmental entity would be able to assume the debt from any contract for services made between the governing body of the public charter school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the county board and the governing body of the public charter school.

2014-’15 comprehensive evaluation.

  1. During the 2014-2015 interim period, the Legislative Oversight Commission on Education Accountability  would be required to conduct a comprehensive evaluation of public charter schools in West Virginia. The evaluation would include a review of academic achievement in charter schools and the identification of successful practices that should be replicated in other public schools in the state.

LOCEA.

  1. In addition to the comprehensive review required above, the Legislative Oversight Commission on Education Accountability also would conduct limited annual evaluations.

Independent evaluation.

  1. The Legislative Oversight Commission on Education Accountability would be able to request the Joint Committee on Government and Finance to contract with a nationally recognized independent entity with expertise in the subject matter to conduct both the comprehensive evaluation and the limited annual evaluations and report to the Legislative Oversight Commission on Education Accountability.

There are other provisions.

There are 13 Senate sponsors, including lead sponsor Sen. Erik Wells, D-Kanawha. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB686 intr.htm&yr=2010&sesstype=RS&i=686

 

 

Measure relates to investment of county board funds


Senate Bill 633. Proposed revisions to §18-9-6 would counties, municipalities, the state and county boards of education to deposit public funds into deposit accounts that are swept periodically into multiple federally insured deposit accounts through a deposit placement program, without providing a bond.

Sponsored by Sen. John Pat Fanning, D-McDowell. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB633 intr.htm&yr=2010&sesstype=RS&i=633

The House companion measure is House Bill 4656. There are four sponsors, including lead sponsor Del. K. Steven Kominar, D-Mingo. Introduced Feb. 22. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4656 intr.htm&yr=2010&sesstype=RS&i=4656

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



County boards would be allowed to enter into lease-purchase agreements relative to land, buildings and equipment


Senate Bill 637. Proposed §18-5-9c would “a county board (to) enter into a lease-purchase agreement for land, buildings and equipment.”

Sponsored by Sen. Dave Sypolt, R-Preston. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB637 intr.htm&yr=2010&sesstype=RS&i=637

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



Boards would have to have calendar committees comprised of 7-11 members


Senate Bill 677. The purpose of this legislation is to require county boards to have school calendar committees comprised of 7-11 members.

These are among bill provisions:

Meet three times annually.

Procedure if calendar is rejected.

There are three Senate sponsors, including lead sponsor Sen. Wells. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB677 intr.htm&yr=2010&sesstype=RS&i=677

The companion measure is House Bill 4652. Sponsored by Del. Mary Poling, D-Barbour. Introduced Feb. 22. Referred to House Education.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4652 intr.htm&yr=2010&sesstype=RS&i=4652



County boards could enter into energy-savings contracts for up to a 15-year period


House Bill 4637. Under terms of this legislation, county boards could enter into energy-saving contracts and allow for a period of up to 15 years – currently 10 years.

There are 10 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 22. Referred to House Education then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4637 intr.htm&yr=2010&sesstype=RS&i=4637

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


 

Superintendents would have to have three years’ experience as principal


House Bill 4601. Under terms of this legislation, county superintendents must have had at least three years’ experience as the “head principal” at a school in order to meet the statutory qualifications necessary for one to be named to that position.

Sponsored by Del. Scot Varner, D-Marshall.  Introduced Feb. 22. Referred to House Education. (The Legislature’s reference link is not available.)

 

Measure would repeal the “West Virginia Share in Your Future Act.”


The Act, adopted in the 1980s, was an incentives- and results-based scholarship program. It has seen been superseded by other similar programs.

Sponsored by Sen. Bob Plymale, D-Wayne. Introduced Feb. 22. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB648 intr.htm&yr=2010&sesstype=RS&i=648

 

 

Measure would authorize tax credit to benefit teachers for out-of-pocket school supplies


Senate Bill 654. The purpose of this legislation is to authorize a tax credit, not to exceed $200, for teachers for out of pocket school supplies.

Sponsored by Sen. Michael Oliverio. Introduced Feb. 22. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB654 intr.htm&yr=2010&sesstype=RS&i=654

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



Professional educators’ evaluations to be conducted annually


Senate Bill 681. The purpose of this legislation is to ensure that require that evaluations of professional personnel be on an annual basis.

This measure is similar to House Bill 4424 which House Education defeated in Committee.  Sponsored by Sen. Plymale. Introduced Feb. 22. Refereed to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB681 intr.htm&yr=2010&sesstype=RS&i=681



Measure relates to alternative certification for principals


Senate Bill 683. Proposed revisions to §18A-3-1a would require the state Board of Education to establish, through legislative rule, alternative education programs to prepare principals.

These programs would be “separate from the programs established under (existing Code) and would be “applicable only to persons who hold a master's degree from a regionally accredited institution of higher education.”

Eligibility.

To be eligible for an alternative program principal certificate, an applicant would have to:

  1. “ Possess at least a master's degree from a regionally accredited institution of higher education in a field related to the public school program;
  2. “ Be of good moral character and physically, mentally and emotionally qualified to perform the duties of a teacher, and have attained (age 18) before the October 1 of the year in which the alternative program teacher certificate is issued;
  3. “ Have been offered employment by a county board in an administrative position; and
  4. “Qualify following a criminal history check pursuant to section ten of this article.
    Persons who satisfy these requirements would be granted a formal document which will enable them to work in a public school in West Virginia.”

RESAs.

Rules adopted by the state Board of Education would include provisions for the “approval of alternative principal education programs which may be offered by schools, school districts, consortia of schools or Regional Educational Service (Agencies [RESAs].”

 An approved alternative principal education program would be in effect for a school, school district, consortium of schools or RESA would have to be in effect before an alternative program teacher could be employed in that school, school district, consortium of schools or RESA.

The alternative preparation program is to provide one instruction in “interpersonal and collaborative skills, establishing and supporting a learning mission, student learning, building and sustaining culture, promoting continuous professional growth, support systems for student success, managing operations, connections to family and community, and the continuous improvement process.”

The program is to include “an intense two-year induction that provides essential support through a professional support team lead by a qualified mentor.”

Sponsored by Sen. Plymale. Introduced Feb. 22. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB683 intr.htm&yr=2010&sesstype=RS&i=683

This measure is similar to House Bill 4378 which was reviewed in the Feb. 8, 2010, issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4378 intr.htm&yr=2010&sesstype=RS&i=4378


Measure would provide 5 percent teacher salary increase


House Bill 4595. The purpose of this bill is to provide a 5 percent increase in teacher's salaries for each of the following school years, 2009-2010, 2010-2011, 2011-2012, and also to add pay increment categories for teachers with BA +30, +45 and Master's +60.
Sponsored by Del. Harry Keith White, D-Mingo. Introduced Feb. 22. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4595 intr.htm&yr=2010&sesstype=RS&i=4595

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



Bill concerns high school athletic directors


House Bill 4602. In practical terms, this bill establishes a statutory “definition” for athletic director.
The “definition” is listed below:

"Athletic director" means 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.

Under the supervision of the high school principal or principals, and in accordance with the rules of the county board of education, the high school athletic director would assume administrative responsibility for the planning, management, operation and evaluation of the total athletic program for the school or schools to which he or she is assigned. The responsibilities of the athletic director may include, but are not limited to:

  1. Supervising games;
  2. overseeing the athletic budget;
  3. engaging game officials;
  4. scheduling athletic contests;
  5. knowing and upholding all rules of the county board, West Virginia Secondary Schools Activities Commission and league;
  6. maintaining records as required by the West Virginia Secondary Schools Activities Commission; Schools Activities Commission (WVSSAC) participation;
  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. High school athletic directors may evaluate the performance of coaches only if qualified under state board policy and (applicable sections of Code).”

Sponsored by Del. Brady Paxton, D-Putnam. Introduced Feb. 22. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4602 intr.htm&yr=2010&sesstype=RS&i=4602

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

 

“Bus Operator II” and “Bus Operator III” positions would be established in law; Pay increase for service personnel also included


House Bill 4608. Under terms of this 47-page bill, service personnel salaries would be increased by 5 five percent during the next three Fiscal Years.

The measure also would “upgrade” Pay Grades for cooks and custodians and add pay grades to the bus operator classification.

The bill also outlines when aides should be considered supervisory employees for purposes of receiving pay at a higher pay grade and provides that classroom aides in kindergarten classrooms which have more pupils than the maximum pupil/teacher ratio receive additional compensation as to professional personnel.

It also allows service personnel to retain their seniority for purposes of Reductions in Force when they move from one classification to another.

Sponsored by Del. Charlene Marshall, D-Monongalia. Introduced Feb. 22. Referred to House Education then House Finance.

 Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4608 intr.htm&yr=2010&sesstype=RS&i=4608

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



Personnel dates would be “revised” due to changes made in 2009


House Bill 4655. The purpose of this legislation is to change dates relating to when notices of termination of an employment contract with school personnel, notices of transfer of school personnel and notices to probationary personnel of rehiring or nonrehiring are to be given.

The proposed dates are April 1, March 15 and May 1, respectively.

There are seven House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced Feb. 22. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4655 intr.htm&yr=2010&sesstype=RS&i=4655

Note: This legislation is introduced in response to a measure adopted last year which revised personnel dates for actions listed above. That legislation originated with the Governor’s 21st Century Jobs Cabinet and was adopted in the August 2009 Special legislative session. There is no companion Senate legislation.

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



Retired law-enforcement officers would be able to serve as public School Resource Prevention Officers


House Bill 4662. The purpose of this bill is to permit a retired law- enforcement officer to be employed by a county board of education as a resource prevention officer in public schools.

Sponsored by Del. Ricky Moye, D-Raleigh. Introduced Feb. 22. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4662 intr.htm&yr=2010&sesstype=RS&i=4662

 

 

 

SBA would be given ability to build playgrounds


House Bill 4650. Under terms of this legislation, playgrounds could be funded as part of projects considered by the SBA.

There are 11 House sponsors, including lead sponsor Del. Carol Miller, R-Campbell. Introduced Feb. 22. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4650 intr.htm&yr=2010&sesstype=RS&i=4650

 

 

 

Measure concerns “instructional resources” for use in public schools


Senate Bill 631. This bill would update the process for the adoption of textbooks and other instructional material and technologies to enable county boards more flexibility in adopting vendor updated print and electronic instructional resources.

The bill updates terms and the process for approval and adoption of instructional resources in public schools and replaces the terms "textbooks," "instructional materials" and "learning technologies" with "instructional resources."

Sponsored by Sen. Plymale. Introduced Feb. 22. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB631 intr.htm&yr=2010&sesstype=RS&i=631

This legislation is similar to House Bill 4349. The reference is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4349 intr.htm&yr=2010&sesstype=RS&i=4349

 

Bill addresses low-performing schools – WVBE measure


Senate Bill 684. The purpose of this bill is to enable the state Department of Education to intervene in a more expeditious fashion to assist a school to improve before more substantive interventions could ensue.

Introduced by Sen. Plymale. Introduced Feb. 22. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB684 intr.htm&yr=2010&sesstype=RS&i=684

This measure is the same as House Bill 4383. The reference is http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=4383&year=2010&sessiontype=RS&btype=bill



Elementary students would be required to have access to a certified library media specialist, art specialist, music specialist and physical education specialist at least twice weekly


House Bill 4653. The purpose of this bill is to require elementary students to have access to a certified library media specialist, art specialist, music specialist and physical education specialist at least twice a week.

Sponsored by Delegates Michael T. Ferro, D-Marshall, and Orphy Klempa, D-Ohio. Introduced Feb. 22. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4653 intr.htm&yr=2010&sesstype=RS&i=4653

 

 

Measure would require adoption of rules regarding management of concussions and head injuries received while participating in athletics


Senate Bill 680. Proposed §18-2-25a would require the West Virginia Secondary School Activities Commission to propose legislative rules concerning the management of concussions and head injuries in youth sports.

In its deliberations regarding this matter, the House Education Committee adopted a Concurrent Resolution seeking an interim study of the issue.

Sponsored by Sen. Mike Oliverio. Introduced Feb. 22. Referred to Senate Health and Human Resources.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB680 intr.htm&yr=2010&sesstype=RS&i=680

 

 

Children of military personnel who intend to relocate in state would be able to qualify for financial aid


Senate Bill 659. The purpose of this legislation would provide resident tuition rates and eligibility for state funded student financial aid, grants and scholarships for a limited duration for children of military personnel indicating an intent to establish residency in West Virginia.

Sponsored by Sen. Frank Deem, R-Wood. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB659 intr.htm&yr=2010&sesstype=RS&i=659


PROMISE Scholarship funds could be secured from students who withdraw or drop classes


House Bill 4631. This legislation would allow the Higher Education Policy Commission rule-making authority to redeem or secure repayment of PROMISE scholarship funds from students who withdraw or drop classes.

Sponsored by Sen. Deem. Introduced Feb. 22. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4631 intr.htm&yr=2010&sesstype=RS&i=4631

 

 

WVU Board of Governors would have option to participate in PEIA


House Bill 4600. Under terms of this legislation, the West Virginia University Board of Governors would be able to participate in the Public Employees Insurance Agency Insurance Program; another third-party insurance program; or, in the alternative, the boards may separately self-insure.

Sponsored by Del.  Alex Shook, D-Monongalia. Introduced Feb. 22. Referred to House Government Organization then House Finance. 

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4600 intr.htm&yr=2010&sesstype=RS&i=4600


Bill would repeal “80/20” requirement for payment of PEIA premiums

House Bill 4621. This bill would repeal the 80/20 requirements for payment of 20 percent of the aggregate premium by active employees, to prevent premium increases unless there is an increase in salary or pensions, and to increase the amount that PEIA can have in their Reserve Fund from 15 percent to 30 percent.

Sponsored by Del. Larry A. Williams, D-Preston. Introduced Feb. 22. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4621 intr.htm&yr=2010&sesstype=RS&i=4621

 

 

Bill would extend time for purchase of TRS credit for members having service in the Teachers Defined Contribution Retirement System


House Bill 4663. The purpose of this legislation is to extend the time for certain members of the Teachers Retirement System to purchase full credit for service in the Teachers Defined Contribution System.

The measure is the same as Senate Bill 553 which is reviewed in the Feb. 15 issue of The Legislature.

There are eight House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced Feb. 22. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4663 intr.htm&yr=2010&sesstype=RS&i=4663

The reference for Senate Bill 553 is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB553 intr.htm&yr=2010&sesstype=RS&i=553

 

 

Workers’ Compensation would be available for crime victims

Senate Bill 652. The purpose of this legislation is to allow payment of Workers’ Compensation benefits for mental illness when a person becomes ill after being a victim of a crime.

Sponsored by Sen. Jeffery Kessler, D-Marshall. Introduced Feb. 22. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB652 intr.htm&yr=2010&sesstype=RS&i=652


Political subdivisions would be able to establish risk pools to insure Workers’ Compensation risks

Senate Bill 644. This bill would authorize political subdivisions to establish risk pools to insure their workers' compensation risks.

It also would permit the Insurance Commissioner to disapprove such risk pools if rules have not been made effective and would authorize the Insurance Commissioner to promulgate emergency rules.

Sponsored by Sens. Minard and Williams. Introduced Feb. 22. Referred to the Senate Banking and Insurance then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB644 intr.htm&yr=2010&sesstype=RS&i=644

The companion measure is House Bill 4615. Sponsored by Del. Tom Campbell, D-Greenbrier. Introduced Feb. 22. Referred to House Banking and Insurance then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4615 intr.htm&yr=2010&sesstype=RS&i=4615


Insurance Commissioner would manage state agencies’ Workers Compensation risks

 

Senate Bill 666. This bill would delegate to the Insurance Commissioner responsibility for managing Workers’ Compensation programs for all state agencies.

Sponsored by Sen. Minard. Introduced Feb. 22. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB666 intr.htm&yr=2010&sesstype=RS&i=666

This legislation is the same as House Bill 4657. There are three House sponsors, including lead sponsor Del. Perry. Introduced Feb. 22. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=4657&year=2010&sessiontype=RS&btype=bill


Measure relates to workers’ “foreseeable injuries”

 

House Bill 4660. This legislation states that “any employee who receives a foreseeable injury in the course of performing an inherently dangerous function that he or she is required by the employer to perform but is outside the normal scope of employment, regularly-assigned job description and duties, and standard operation and functions of the employee, the weekly benefit is to be one hundred percent of the average weekly wage earnings.

Sponsored by Del. Tim Ennis, D-Brooke. Introduced Feb. 22. 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=hb4660 intr.htm&yr=2010&sesstype=RS&i=4660

 

 

Employees who miss work due to domestic violence would be able to receive Unemployment Compensation

 

House Bill 4639. This bill would allow 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.

There are five House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 22. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4639 intr.htm&yr=2010&sesstype=RS&i=4639

 


 

Bill would reconstitute Commission to Study Residential Placement of Children

 

Senate Bill 636. The purpose of this legislation is to reconstitute the Commission to Study Residential Placement of Children.

Among other things, the Commission studies out-of-home placements, especially out-of-state placements, the adequacy of existing in-state facilities to serve needs of children requiring residential placements, and strategies to reduce the number of children who “must be placed” in out-of-state facilities and to “return children from existing out-of-state placements, initially targeting older youth who have been adjudicated delinquent.”

There are other study areas, including foster care placement.

Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced Feb. 22. Referred to Senate Health and Human Resources then Senate Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB636 intr.htm&yr=2010&sesstype=RS&i=636

 

Municipalities would be able to operate teen courts


Senate Bill 669. Under terms of this proposal, municipalities would be able to operate teen courts. (Current Code refers to “counties” operating teen courts.)

Sponsored by Sen. Kessler. Introduced Feb. 22. Referred to Senate Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB669 intr.htm&yr=2010&sesstype=RS&i=669

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

 

Measure contemplates establishment of Northern Panhandle Child Advocacy Commission

House Bill 4597. The purpose of this bill is to create the Northern Panhandle Child Advocacy Commission.

Based on the Legislative Finding, “there is a significant need for a public body to promote and enhance cohesion amongst organizations with similar objectives and to identify and remove obstacles to improving children's well-being which have arisen within certain government agencies. (Thus)  a commission to facilitate those objectives should be formed. This commission will act within the counties of Tyler, Wetzel, Marshall, Ohio, Brooke, and Hancock.”

This proposed statutory corporation would work with “county officials and community leaders, state and federal government agencies, and other interested parties to enable and facilitate the improvement of child welfare services will greatly assist in the realization of these potential benefits.”

The Commission would be comprised of 8 members to be appointed by the governor with consent of the State Senate.

Membership.

 Members would include: one law enforcement representative, two members from the CASA group, one prosecuting attorney from the above-named counties, one representative of the St. Joseph’s Children’s Home (Wheeling), one representative from a child advocacy center in one of the above-named counties, one educator and one representative from “Change Inc.”

No more than six of the Commission members are to belong to same political party and no more than four of whom are to be residents of the same county at the same time.

Members would serve without pay but would be reimbursed for expenses.


Commission duties.

These would be among Commission powers and duties, namely to:

  1. To review and study the status of children in the enumerated counties;
  2. To recommend methods of improving problems dealing with children in distressed homes, children in danger and distress, children exposed to criminal activity or dysfunctional environments, children involved in juvenile criminal activity and children in foster or intermediate care;
  3. To promote more effective methods for enabling children to develop their skills, to continue in their education and to be brought into safe and supportive environments which will enable them to reach their full potential;
  4. To strengthen home life by directing attention to critical problems confronting children;
  5. To make surveys in fields including, but not limited to, education, social services, laws and policies, law enforcement, health and services of benefit to children, especially as related to assisting them in their legal rights, family relations and volunteer services;
  6. To disseminate information for the purpose of educating the public as to the existence and functions of the commission and as to matters of general beneficial interest to children;
  7. To examine current legislation, rules and other policies, written and unwritten to find hindrances to the ability to aid children in distress, and to propose solutions to remove the same; and
  8. To advise, consult and cooperate with other offices of the Department of Health and Human Resources and other agencies of state government, and to receive assistance there from, in the development of activities and programs of beneficial interest to children, the improvement of collaboration between nonprofit organizations and state agencies on solutions and on matters relating generally to children.

Annual report.

Lastly, the measure would require an annual report to be provided to the state Department of Health and Human Resources, the Legislature and governor.

Sponsored by Delegate Pat McGeehan, R-Hancock, and Roger Romine, R-Tyler. Introduced Feb. 22. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4597 intr.htm&yr=2010&sesstype=RS&i=4597


Bill would increase age at which minor could nominate a guardian

 

House Bill 4659. This bill would increase the age at which a minor may nominate a guardian, from age 14 to age 16. There are other provisions.

There are six House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced Feb. 22. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4659 intr.htm&yr=2010&sesstype=RS&i=4659

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

 

 

 

Measure relates to “corporate political accountability” in elections

 

Senate Bill 692. The purpose of the bill is to require corporations that use corporate general treasury funds for political expenditures, to clearly report those expenditures to shareholders and further require shareholder authorize the use of corporate general treasury funds for political expenditures.

Sponsored by Sen. Kessler. Introduced Feb. 22. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB692 intr.htm&yr=2010&sesstype=RS&i=692

House Bill 4646 is a related measure.  Its provisions would apply to corporations spending in the “aggregate $10,000” or more of corporate treasury funds on political activities.

There are eight House sponsors, including lead sponsor Delegate Manchin. Introduced Feb. 22. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4646 intr.htm&yr=2010&sesstype=RS&i=4646

Note: Both bills have extensive definitional sections.

Senate Bill 693 and House Bill 4647 are related measures. Both have been introduced to comply with recent U.S. Supreme Court rulings repealing the ban on corporate independent elections expenditures.

Senate Bill 693 is sponsored by Sen. Kessler. Introduced Feb. 22. Referred to Senate Judiciary.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB693 intr.htm&yr=2010&sesstype=RS&i=693

House Bill 4647 has nine House sponsors, including lead sponsor Del. Manchin. Introduced Feb. 22. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4647 intr.htm&yr=2010&sesstype=RS&i=4647

 

 


Bill establishes West Virginia Religious Freedom Restoration Act


Senate Bill 638. 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:

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 Sen. Kessler. Introduced Feb. 22. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB638 intr.htm&yr=2010&sesstype=RS&i=638

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



Resident vendors would have bidding preferences


Senate Bill 670. The purpose of this bill is to require political subdivisions and county boards to give preference to resident vendors and vendors employing state residents. There are other provisions

Sponsored by Sen. Foster. Introduced Feb. 22. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB670 intr.htm&yr=2010&sesstype=RS&i=670

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

 

“Local labor” would be required for public construction projects


Senate Bill 675. This bill would require “local labor” for public construction project. This is to be accomplished by reducing the dollar amount of the applicable construction project to $500,000 – currently $1 million – and by reducing the amount of miles for the local labor market to 50 miles (currently 75 miles).

Sponsored by Sen. Kessler. Introduced Feb. 22. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB675 intr.htm&yr=2010&sesstype=RS&i=675

This measure is similar to House Bill 4359. Refer to The Legislature, Issue 8. The House Bill 4359 reference is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4359 intr.htm&yr=2010&sesstype=RS&i=4359

 

State-owned cell phones and mobile communications devices would have to be registered with the National Wireless Amber Alert Initiative

 

House Bill 4661. According to the Bill Note, the purpose of this legislation is to require registration of state owned cellular phones and mobile communications devices with the national Wireless Amber Alert Initiative.

There are four House sponsors, including lead sponsor Delegate Patti Eagloski Schoen, R-Putnam.  Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4661 intr.htm&yr=2010&sesstype=RS&i=4661

 

 Briefly...

Senate Bill 632 would defray the costs to counties and municipalities for the expense of transporting citizens to Washington, D.C. for a pro-coal rally held on May 9, 2009…Senate Bill 634 would permit Political Action Committees (PACs) to receive contributions from separate segregated funds of membership organizations. There is a $1,000 per election limit…Senate Bill 639 would establish the Oral Health Pilot Program in the Mid-Ohio Valley Region. The bill relates to the state’s “tremendous unmet need for low-income adult dental care services.” The pilot program would be funded with a $100,000 state appropriation. The House companion is House Bill 4607…Senate Bill 645 would establish an Intermediate Court of Appeals. The House companion measure is House Bill 4619…Senate Bill 650 relates to caseload standards for various program areas within the state Department of Health and Human Resources…Senate Bill 657 relates to the creation for programs for treatment of traumatic brain injury. House Bill 4610 is the companion measure… Senate Bill 663 would establish the “Healthy Lifestyles Restaurant Calorie Posting Program” Also refer to House Bill 4640, the companion measure…Senate Bill 763 would raise county sheriffs’ salaries…Senate Bill 688 relates to a method for appraising “affordable multifamily rental housing property” for ad valorem property tax purposes.

House Bill 4599 would require that when a controlled substance is dispensed by mail or delivery service, the person accepting delivery of the controlled substance must be age 18 or older, must present government issued identification, and must sign a receipt indicating acceptance of the controlled substance…House Bill 4622 would revise, consolidate and codify laws relating to fireworks…House Bill 4623 would add two legislators to the state’s Equal Pay Commission (relates to state employees’ pay)…House Bill 4627 would require automatic home confinement for nonviolent offenders, although any crime with a minimum sentence greater than six months would not be affected by the bill’s provisions. There are additional provisions, including mandatory substance abuse meetings for those convicted of crimes involving alcohol, controlled substances or drugs, and measures relating to community service…House Bill 4628, a related measure, would mandate that the crime of marijuana possession (first offense) could result in placement in community corrections programs…Also refer to House Bill 4641. That measure would allow the state to state to opt out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits…House Bill 4644 would provide a $5,000 salary increase to social workers employed by DHHR…House Bill 4645 would require implementation of the 1987 West Virginia Occupational Safety and Health Act by requiring the development of standards and legislative rules by June 30, 2010. The bill repeals the WV OSHA Commission. Rule-making authority of the commission is transferred to the Commissioner of Labor who would enforce the provisions of the act.

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

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