WVSBA The Legislature

March 2, 2009 - Volume 29 / Issue 6

Overview Info

Inside

Feb. 23-27, 2009 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced  Feb. 23-27, 2009, during the second full week of the First Regular Session of the 79th West Virginia Legislature.

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

A total 74 bills are reviewed, including some bills introduced for which copies were not available.

The listing is not exhaustive.

 

PUBLIC EDUCATION


Home-schooled students would be able to participate in extracurricular activities; some home-schooled students would be required to attend public schools

House Bill 2749. Proposed revisions to §18-8-1 would permit home school children to participate in athletic and other extracurricular activities of secondary schools under certain circumstances (based on testing requirements).

In terms of the former, the legislation states:

“A child whose test results indicate a result that either meets or exceeds the state guidelines for the selected test subjects of reading, language, mathematics, science and social studies shall be allowed to participate in athletic and other extracurricular activities in a secondary school...”

The proposed legislation also may deny home schooling and require attendance in a public school when certain standards are not met.

In terms of the latter proposed revision, if a student does not achieve acceptable progress, based on assessments options for home-schooled students, he or she “may be denied instruction and shall be required to attend public school.”

Sponsored by Del. Margaret Staggers, D-Fayette. Introduced Feb. 23. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2749%20intr.htm&yr=2009&sesstype=RS&i=2749

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

Measure would make exemptions from state’s compulsory attendance statutes due to student being severely handicapped, mentally challenged or having conditions such as Asperger Syndrome

House Bill 2856. Proposed revisions to §18-8-1 would exempt students who have a prolonged absence from school due to being severely handicapped or mentally challenged, from having to provide the otherwise appropriate written excuse from a physician or school nurse.

The pertinent bill language states:

“…A child who has absences from school due to an incapacity as described pursuant to (the provisions listed below would…” not (be required) to provide a written statement of a licensed physician or authorized school nurse otherwise required under this article regarding the incapacity of the child to attend.

(g) A child shall be incapacitated if said child displays:

  1. Significantly sub-average intellectual functioning which manifests itself in a person during his developmental period and which is characterized by the person's inadequacy in adaptive behavior that includes autism spectrum disorder involving at least one of the following:
    • Autism,
    • Asperger syndrome
    • Retts syndrome
    • Pervasive Development Disorder; or
  2. An ability to provide for his or her own basic life sustaining and safety needs that is so limited, relative to the proficiency expected on the basis of chronological age, that is could pose a serious threat to his or her own survival.

There are 10 House sponsors, including lead sponsor Del. Mark Hunt, D-Kanawha. Introduced Feb. 27. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2865%20intr.htm&yr=2009&sesstype=RS&i=2865

     

 


Proposed legislation would require one (1) school nurse per 750 students; other provisions


Senate Bill 333.
Proposed revisions to §18-5-22 would decrease, from 1,500
To 750, the state’s student to nurse staffing ratio and would expand coverage to all school grades. The bill also eliminates a county's ability to contract out nursing services.

Sponsored by Sen. Jeffrey V. Kessler, D-Marshall. Introduced Feb. 24. Referred to Senate Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb333%20intr.htm&yr=2009&sesstype=RS&i=333

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


Pecuniary Interest statute would be revised in regard to exempting medical personnel from county hiring practices


Senate Bill 339
.  Proposed revisions to §61-10-15 would allow licensed medical professionals to be employed at hospitals or schools where a family member may be a county commissioner, county board member, county schools superintendent, principal or teacher in the county.

According the Bill Note, the proposed legislation has been introduced in response to a West Virginia Ethics Commission opinion prohibiting the employment of a health care provider at a hospital because the spouse is a county commissioner and the commission appoints the board of trustees of the hospital.

Sponsored by Sen. Dan Foster, D-Kanawha. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb339%20intr.htm&yr=2009&sesstype=RS&i=339

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


Bill would prohibit certain persons related as family members from serving on county boards


Senate Bill 381.  
Proposed revisions to §18-5-1d would prohibit members of the same family within a certain degree of relationship to occupy more than one seat on a Board of Education simultaneously.

The degrees of relationships would include, as stated in the proposed legislation:

Sponsored by Sens. Clark Barnes, R-Randolph, and Bob Williams, D-Taylor. Introduced Feb. 25. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb381%20intr.htm&yr=2009&sesstype=RS&i=381

Each school would be required to have library media specialist


House Bill 2732.
Proposed revisions to §18-5-20 would require county boards to employ a certified library media specialist in each county school.

There are seven House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced Feb. 23. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2732%20intr.htm&yr=2009&sesstype=RS&i=2732

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


“Educational authorities” would be exempt from state’s Prevailing Wage Rate laws


House Bill 2768.
Proposed §21-5A-12 would exempt construction performed on behalf of any educational authority from the prevailing wage laws.

The purpose of this bill is to exempt construction performed on behalf of an educational authority from the state’s prevailing wage statutes.

The pertinent bill language reads:

“The provisions of this article do not apply to construction performed on behalf of any educational authority, including, but not limited to, a county board of education, the Higher Education Policy Commission and the School Building Authority.”

There are nine House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced Feb. 24. 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=hb2768%20intr.htm&yr=2009&sesstype=RS&i=2768

A related measure, House Bill 2784, would require the state Commissioner of Labor to base the determination of prevailing rates on statistics made available by the United States Department of Labor, Bureau of Labor Statistics, and to provide county commissions with the authority to review the determination.

There are seven House sponsors, including lead sponsor Del. Overington. Introduced Feb. 24. Referred to 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=hb2784%20intr.htm&yr=2009&sesstype=RS&i=2784

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


County boards would be able to enter into energy-savings contracts for up to 15-year period; currently 10 years

House Bill 2872. Proposed revisions to §21-5A-12 and §18-5-9A would allow county boards to enter into energy-savings contracts which could extend to 15 years.

The current extension is 10 years.

There are 11 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced Feb. 27. Referred to House Education then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2872%20intr.htm&yr=2009&sesstype=RS&i=2872

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

 


Professional educators would be barred from “taking” a coaching position from a non-educator coach


House Bill 2804.
Proposed revisions to §18A-3-2a would prevent a professional educator from taking a coaching position away from a current coach because he or she is not a professional educator.

Note: The provisions specifically apply to county school service personnel and their extracurricular contracts.

There are seven House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced Feb. 25. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2804%20intr.htm&yr=2009&sesstype=RS&i=2804

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

 


Measure would amend state’s Graduated Driver’s License statute in conformity with recommendations of National Safety Council


Senate Bill 398.
Proposed revisions to §17B-2-3a would conform the state’s Graduated Driver’s licensing statute to conform to National Safety Council recommendations.

Accordingly, for the first six months a teen would have a  Level II Intermediate Driver’s License, he or she would be prohibited from operating a motor vehicle carrying any passengers under age 20 unless “these passengers are family members of the licensee.”

Thus, for the second six month after the teen has a Level II Intermediate Driver’s License, he or she would not be able to operate a motor vehicle carrying more than one passenger less than age 20, unless these passengers would be family members.

Teens that have Level I Graduate License Permits would not be permitted to drive after 10 p.m. – currently 11 p.m. while passengers are present. 

Sponsored by Sen. Foster. Introduced Feb. 27. Referred to Senate Transportation and Infrastructure then Senate Judiciary.

Reference: The Legislature’s reference link is not available for this proposed legislation.

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

 

Authorities would be able to lower the speed limit on streets and highways where school buses travel


House Bill 2494
. Proposed§17C-6-3 would give local authorities the authority to decrease the speed limit on streets and highways where school buses travel.

Sponsored by Dels. Caputo and Linda Longstreth, D-Marion. Introduced Feb. 17. Referred to House Roads and Transportation then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2494%20intr.htm&yr=2009&sesstype=RS&i=2494

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

Automatic tire chains would be required as standard equipment for all school buses


House Bill 2849.
Proposed revisions to §17C-15-51 would require automatic tire chains as standard equipment on all new school buses, beginning July 1, 2010.

There are 10 House sponsors, including lead sponsor Del. Ennis. Introduced Feb. 26. Referred to House Education then House Finance.

There is a Fiscal Note Request.

Note: The Governor vetoed 2008 legislation relating to automatic tire chains, citing the need for local decisionmaking flexibility.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2849%20intr.htm&yr=2009&sesstype=RS&i=2849
(Available in Word Perfect only).

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



Innovation Zones legislation introduced


Senate Bill 376.
Proposed §18-5B-1 et. seq. would establish School Innovation Zones.

The purpose of these “Zones”  would be to allow school employees to collaboratively devise and implement 21st century school improvement strategies that are currently restrained and/or restricted by policies issued by the state board or the West Virginia Code.

Under terms of this legislation, “individual schools” would be able to “seek and receive waivers of certain statutes, rules and policies through the creation of school innovation zones will provide greater flexibility and will allow schools to institute creative and innovative practices that will facilitate 21st century student achievement.”

According to the Legislative Findings, School Innovation Zones will provide “schools, administrators and faculty members more control over important educational factors that impact student achievement, such as curriculum, personnel, organization of the school day, organization of the school year and delivery of educational services.”

Intent and Purpose.

Based on Bill language, the intent and purpose of School Innovation Zones is to:

  1. “Provide West Virginia schools, principals and teachers with greater flexibility and control to meet the needs of a diverse population of students by removing certain policy, rule and statutory constraints;
  2. Improve educational performance;
  3. Provide a testing ground for innovative educational reform programs and initiatives to be applied on an individual level;
  4. Provide information regarding the effects of specific innovations and policies on student achievement;
  5. Document educational strategies that enhance student success;
  6. Provide for more accountability for the state's public schools as measured by student achievement in state assessment programs and local assessment processes identified by the schools…”

Other Bill Provisions.

These are among other bill provisions:

Innovation Zone Plans/Approval Process

Reportage/evaluation

Transfer of employees

Teacher vacancies in an Innovation Zone.

Rule-making

Sponsored by Sen. President Earl Ray Tomblin, D-Logan, and Minority Leader Dan Caruth, R-Mercer. Introduced Feb. 25. Referred to Senate Education then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb376%20intr.htm&yr=2009&sesstype=RS&i=376

The House companion measure is House Bill 2836. Sponsored by House Speaker Rick Thompson, D-Wayne, and Tim Armstead, R-Kanawha. Introduced Feb. 26. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2836%20intr.htm&yr=2009&sesstype=RS&i=2836


Governor’s Proficiency Test Measure introduced


Senate Bill 386.  
Proposed §18-2L-1 et. seq. would authorize the State Board of Education to adopt reading, language arts and mathematics proficiency standards for students in grades three and eight, to create critical skills instructional support programs for students who do not meet proficiency standards established by the state board, and to provide for the retention of students who do not meet the proficiency standards established by the state board and who do not successfully complete a critical skills instructional support program.

Here are the pertinent bill provisions:

State Board to adopt Proficiency Standards for students in Grades 3-8

Critical Skills Instructional Support Programs (CSISPs)/County Boards County boards required to  establish critical skills instructional support programs

State Superintendent’s Powers and Duties in Regard to Legislation

Lastly, the state Board is given authority to promulgate legislative rules, including emergency rules, to effectuate the legislation.

The bill includes various legislative findings, including the statement, “Students at these grade levels who do not demonstrate grade-level proficiency in reading, language arts and mathematics are less likely to succeed at higher grade levels.”

Sponsored by Sens. Tomblin and Caruth. Introduced Feb. 26. Referred to Senate Education then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb386%20intr.htm&yr=2009&sesstype=RS&i=386

The House companion is House Bill 2832. It is sponsored by Dels. Thompson and Armstead. Introduced Feb. 26. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2832%20intr.htm&yr=2009&sesstype=RS&i=2832

 


Measure would cap Promise Scholarships awards at $4,500


Senate Bill 373.
Proposed revisions to §18C-1-5 and §18C-7-3, -4. -5, -6, and -7 would cap the amount of a PROMISE scholarship annual award at the lesser of the cost of tuition at a state institution of higher education or $4500 for students receiving a PROMISE scholarship, to dissolve the PROMISE Board and transfer its powers to the Higher Education Policy Commission, and to reconstitute the Financial Aid Advisory Board. The eight-member Board would be constituted by various Higher Education Policy Commission appointees, among other members.

Sponsored by Sens. Tomblin and Caruth. Introduced Feb. 25. Referred to Senate Education then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb373%20intr.htm&yr=2009&sesstype=RS&i=373

House Bill 2834 is the House companion measure.

Sponsored by Dels. Thompson and Armstead. Introduced Feb. 26. Referred to House Education then House Finance.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2834%20intr.htm&yr=2009&sesstype=RS&i=2834

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

Measure would provide salary increases for deputy sheriffs who have college degrees


House Bill 2810.
Proposed §7-14-17f would provide salary increases for deputy sheriffs with college degrees, providing county commissions with an election option to reimburse deputies for all tuition expenses and expenses incurred for the purchase of textbooks while attending college-level courses at any accredited college or university in lieu of the mandated salary increases.

Sponsored by Del. Staggers. Introduced Feb. 25. Referred to House Political Subdivisions then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2810%20intr.htm&yr=2009&sesstype=RS&i=2810

 


Increased time would be allotted for making TRS contributions during periods of Workers Compensation Total Temporary Disability


Senate Bill 337.
Proposed revisions to  §18-7A-14b would increase the time for a member of the Teachers Retirement System to make retirement contributions for credited service, during periods of temporary total disability with a Workers' Compensation injury, from 2 years to 3 years. It also provides for additional retroactive period of 2 years from effective date of amendment.

Sponsored by Sen. Richard Browning, D-Wyoming. Introduced Feb. 24. Referred to Senate Pensions then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb337%20intr.htm&yr=2009&sesstype=RS&i=337


Nonteaching  TRS members who are retired coaches would be able to work up to three hours nightly without losing TRS benefits


Senate Bill 383.
Proposed revisions to §18-7A-38 would  allow a “nonteaching member of the (TRS), who is a retired coach, (to) work at coaching at least three hours a night, without this time being counted as a workday in calculating the (140-day) maximum a year” which the Consolidated Public Retirement Board may use in determining when a TRS member will receive reduced benefits.

Sponsored by Sen. Browning. Introduced Feb. 25. Referred to Senate Education then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb383%20intr.htm&yr=2009&sesstype=RS&i=383


TRS annuitants would receive one-time supplement at age 70; also applies to PERS members


Senate Bill 385. Proposed revisions to §18-7A-26v and §5-10-22k would provide  a three percent supplement for all TRS and Public Employees' Retirement System annuitants when they reach age 70.

Sponsored by Sen. Foster. Introduced Feb. 26. Referred to Senate Pensions then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb385%20intr.htm&yr=2009&sesstype=RS&i=385

Also refer to House Bill 2560. It would give retired state personnel and retired teachers a 5 percent a year increase in retirement benefits over the next 3 years.

Sponsored by Dels. Caputo and Dale Stephens, D-Cabell. Introduced Feb. 17. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2560%20intr.htm&yr=2009&sesstype=RS&i=2560
        
Similar proposals have been introduced/considered in a past legislative session or sessions.     


Members would be guaranteed to receive a return on their retirement contributions


House Bill 2734.
Proposed revisions to §18-7D-11 would  clarify that upon withdrawal from either the Teachers' Retirement System or the Teachers' Defined Contribution Retirement System, members are eligible to receive a return of their member contributions.

Sponsored by Del. Sharon Spencer, D-Kanawha. Introduced Feb. 23. Referred to Committee on Pensions and Retirement then Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2734%20intr.htm&yr=2009&sesstype=RS&i=2734

This legislation is the same as Senate Bill 288.

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

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


Deadline would be extended for buyback from Teachers’ Defined Contribution Retirement System to TRS


House Bill 2870.
Proposed revisions to §18-7D-6 would extend until December 31, 2009,  the deadline for the buyback provision for teachers who wish to transfer from the Teachers’ Defined Contribution System to the state Teachers Retirement System.

There are 11 House sponsors, including lead sponsor Del. Brady Paxton, D-Putnam. Introduced Feb. 27. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2870%20intr.htm&yr=2009&sesstype=RS&i=2870

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

 


Measure would mandate insurance coverage for dental anesthesia for certain patients


Senate Bill 326.
Proposed revisions to §5-16-7 and -9 would mandate insurance company coverage of general anesthesia for certain dental procedures, including patients who are age 7 or younger or those who are developmentally disabled.

Coverage  also would be provided for whom a “successful result” cannot be expected from dental care provided under local anesthesia because of a physical, intellectual, or other medically compromising condition of the individual and for whom a superior result can be expected from dental care provided under general anesthesia.

Finally, anesthesia coverage would be extended to an “extremely uncooperative, fearful, or uncommunicative child who is seventeen years of age or younger with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in oral pain, infection, loss of teeth, or other increased oral or dental morbidity.”

Sponsored by Sen. Ron Stollings, D-Boone. Introduced Feb. 23. Referred to Senate Banking and Insurance then Senate Finance.

There is a Fiscal Note request.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb326%20intr.htm&yr=2009&sesstype=RS&i=326


Measure would establish the Health Care Information Technology Reinvestment Fee


House Bill 2747.
Proposed revisions to §5-16-7 and proposed §33-3-14e would create a temporary reinvestment fee for health insurers, third party administrators and others to assist in funding health information technology in the state.

The Public Employees Insurance Agency (PEIA) would be required to comply with these provisions.

The fee would be assessed annually  (would be paid in quarterly installments) and based on two models one of which would require health insurance providers to pay a 0.199 percent fee based on all health care claims paid for health insurance for its state members in the previous fiscal quarter or a fee based on a proportionate scale detailed in the proposed legislation.

There are seven House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 23. Referred to House Health and Human Resources then House Government Organization.

This bill was endorsed by a 2008 Interim legislative committee.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2747%20intr.htm&yr=2009&sesstype=RS&i=2747


Bill relates to PEIA Finance Board Membership; would include “employer” representative


House Bill 2767.
Proposed revisions to §5-16-4 would change the membership of the PEIA Financial Board by changing the number of citizen members from four to three, then require the position of the former citizen member be taken by a person who is an interested person from a participating political subdivision.

There are eight House sponsors, including lead sponsor Del. Tim Manchin, D-Marion. Introduced Feb. 24. Referred to House Political Subdivisions then House Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2767%20intr.htm&yr=2009&sesstype=RS&i=2767


Insurance coverage would be provided for detection and treatment of autism


House Bill 2858.
Proposed revisions to §5-16-7f, proposed §5-16B-6e  and proposed §33-15-22, §33-16-18, and §33-16D-17  would require coverage for early detection, diagnosis and treatment of Autism Spectrum Disorder by all insurance policies and insurance plans provided by the West Virginia Public Employees Insurance Act, all accident and sickness policies, all group accident and sickness policies, all small employer accident and sickness policies and all plans for health services or accident or sickness insurance provided by the West Virginia Children's Health Insurance Program which provides coverage for hospital, surgical or medical care coverage in the state.

The measure would be known as the “Cameron and Dominic Law.”

 These are among bill provisions:

The above provisions would apply to the following neurobiological conditions:  Autism, Asperger Syndrome, Retts Syndrome, or Pervasive Development Disorder.
 
Note: The above provisions would apply to eligible persons covered by all accident and sickness policies, all group accident and sickness policies, all small employer accident and sickness policies and all plans for health services or accident or sickness insurance provided by the West Virginia Children's Health Insurance Program which provides coverage for hospital, surgical or medical care coverage in the state.

There are several other provisions.

Cameron and Dominic are two children who are diagnosed with Autism.

There is a Fiscal Note request.

There are 11 House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 26. Referred to House Banking and Insurance then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2858%20intr.htm&yr=2009&sesstype=RS&i=2858

House Bill  2867 is a similar measure. It would provide up to $75,000 annually per covered individual for behavioral therapy.

There are  10 House  sponsors, including lead sponsor Del. Hunt. Introduced Feb. 27. Referred to House Banking and Insurance then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2867%20intr.htm&yr=2009&sesstype=RS&i=2867

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


Workers’ Compensation benefits would be extended for life


House Bill 2854. Proposed revisions to §23-4-6 would extend permanent total disability benefits to claimants for life.

Sponsored by Dels. Tom Louisos, D-Fayette, and Greg Butcher, D-Logan. Introduced Feb.  26. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2854%20intr.htm&yr=2009&sesstype=RS&i=2854

 


Mental Hygiene Commissioners would receive 1 year of service credit for each year served


Senate Bill 397.
Proposed revisions to §5-10- 2 would establish by statute that mental hygiene commissioners are employees under the Public Employees Retirement System and may receive one year of service credit for each year served and prorated service for any partial year served, up to a maximum of fifteen years credited service.

Sponsored by Sen. Barnes. Introduced Feb. 27. Referred to Senate Pensions then Send Judiciary.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb397%20intr.htm&yr=2009&sesstype=RS&i=397


Bill would allow for expanded employment for retired state employees in critical need areas

House Bill 2763. Proposed revisions to §5-10-48 would expand temporary employment of retired state employees in areas of critical need.

Under terms of the legislation, a person who receives retirement benefits or who is entitled to retirement benefits during the fiscal year in which that person retired may accept employment as a temporary employee for an unlimited number of days each fiscal year without affecting the monthly retirement benefit in which the retardant is otherwise entitled if the following conditions are satisfied:

Retirants who begin work as a temporary employee within the same month would lose those retirement benefits attributed to the annuity reserve, effective from the first day of employment as a temporary employee in that month and ending with the month following the date the retirant ceases to perform service as a temporary employee.

Retirants employed to perform expanded temporary service would be considered day-to-day, temporary, part-time employees. The temporary employees would not be eligible for additional pension or other benefits paid to regularly employed employees and shall not accrue seniority.

When a retirant would be employed as a temporary employee to fill a vacant position, the cabinet secretary would continue to post the vacant position until it is filled with regularly employed employee.

There are four House sponsors, including lead sponsor Del. Bob Ashley, R-Roane. Introduced Feb. 23. Referred to House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2763%20intr.htm&yr=2009&sesstype=RS&i=2763


Juvenile probation offices would be able to arrest juveniles under their supervision


Senate Bill 340.
Proposed revisions to §49-5-15 would grant juvenile probation officers the power to arrest juveniles under their supervision.

Sponsored by Sen. Kessler. Introduced Feb. 24. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb340%20intr.htm&yr=2009&sesstype=RS&i=340

The House companion measure is House Bill 2760. There are five House sponsors, including lead sponsor Del. William Wooton, D-Raleigh. Introduced Feb. 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2760%20intr.htm&yr=2009&sesstype=RS&i=2760


Juvenile Justice Database would be transferred to state Supreme Court


Senate Bill 341.
Proposed revisions to §49-7-32 would transfer the authority to administer the juvenile justice database from the Department of Military Affairs and Public Safety to the West Virginia Supreme Court of Appeals.

Sponsored by Sen. Kessler. Introduced Feb. 24. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb341%20intr.htm&yr=2009&sesstype=RS&i=341

The House companion measure is House Bill 2761. There are eight House sponsors, including lead sponsor Del. Tom Miley, D-Harrison. Introduced Feb. 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2761%20intr.htm&yr=2009&sesstype=RS&i=2761


Penalties would be established for failing to return a minor child for visitation


Senate Bill 395.
Proposed revisions to §61-2-14d would make it a misdemeanor and/or felony penalty if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custodial time or visitation period.

Sponsored by Sen. Kessler. Introduced Feb. 26. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb395%20intr.htm&yr=2009&sesstype=RS&i=395

This proposal is similar to House Bill 2666 which is reviewed in the Feb. 23 issue of The Legislature.

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

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

Minors would not be able to be used in State Lottery advertisements during school time


House Bill 2556.
Proposed §29-22-29 would prohibit West Virginia Lottery commissioners, the director, the deputy directors and the employees or any agent retained by that agency from removing any minor children from the classroom during school hours or depict any public school facility for any purpose to create advertisements in any medium.

There are eight House sponsors, including lead sponsor Del. Armstead. Introduced Feb. 17. Referred to House Judiciary Committee.

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2556%20intr.htm&yr=2009&sesstype=RS&i=2556


Measure relates to grandparents visitation rights


House Bill 2762.
Proposed revisions to §48-10-401 would require petitions for grandparent visitation be filed in family court when an action involving that child, or his or her parents, is pending in family court. If there is not a pending proceeding involving the child, or his or her parents then the grandparent seeking visitation may file in either family court or circuit court.

There are nine House sponsors, including lead sponsor Del. John Frazier, D-Mercer. Introduced Feb. 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2762%20intr.htm&yr=2009&sesstype=RS&i=2762


Penalties would be increased for exposing children to methamphetamine manufacturing


House Bill 2772.
Proposed revisions to §60A-10-12 would increase the penalties for exposing children to methamphetamine manufacturing from 10 to 30 years’ imprisonment upon conviction (and up to a $25,000 fine as stated in existing law).

There are six House sponsors, including lead sponsor Del. Ralph Rodighiero, D-Logan. Introduced Feb. 24. Referred to House Judiciary.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2772%20intr.htm&yr=2009&sesstype=RS&i=2772



Measure would make it a felony offense to commit battery of a child or person who is mentally incapacitated


House Bill 2783.
Proposed §61-2-31 would create a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated.

Under terms of the legislation, if any person were to assault a child under age 15 or  someone who is mentally incapacitated, regardless of age, the offender would be guilty of a felony and, upon conviction, would be fined from $1,000-$3,000 and a 1- to 3-year jail term, or both.
 
If a person were to commit  battery against a child under age 15 someone who is mentally incapacitated, regardless of age, the offender would, upon conviction, be guilty of a felony and would face a  $3,000-$10,000 fine as well as possible imprisonment for 1- to 5-years or both.

There are seven House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 24. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2783%20intr.htm&yr=2009&sesstype=RS&i=2783

Also refer to House Bill 2879. The purpose of this legislation is to increase the minimum prison sentence from 2 years to 5 years without the possibility of parole for a parent, guardian or custodian who abuses a child that results serious bodily injury.

There are six House sponsors, including lead sponsor Del. Richard Iaquinta, D-Harrison. Introduced Feb. 27. Referred to House Judiciary then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2879%20intr.htm&yr=2009&sesstype=RS&i=2879

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


Both parents’ income would be used in calculating child support


House Bill 2796.
Proposed revisions to §648-13-201 would include child support that is received by a parent into their monthly adjusted gross income. A parent's monthly adjusted gross income would be able to include taxes or debt, including collections or judgments. The bill provides a maximum debt ratio, beyond which child support will not be awarded. The bill further provides that a parent would not have to pay child support if the yearly child support obligation exceeds 10 percent of that parent's yearly gross income.

Sponsored by Del. Jonathan Miller, R-Berkeley. Introduced Feb. 24. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2796%20intr.htm&yr=2009&sesstype=RS&i=2796

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


Bill would create the crime of murder of a child by a parent who exposes his or her child to manufacturing of a controlled substance


House Bill 2880.
  Proposed revisions to §61-8D-2 would create the crime of murder of a child by a parent who exposes his or her child to the manufacturing of a controlled substance.

There are five House sponsors, including lead sponsor Del. Doug Reynolds, D-Cabell. Introduced Feb. 27. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2880%20intr.htm&yr=2009&sesstype=RS&i=2880

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

 


Witnesses to violent acts would be required to report the incidents to law enforcement officials


House Bill 2754
. Proposed §61-5-30 would require witnesses of violent acts against persons and emergency situations to report the incidents to the appropriate law-enforcement authorities.

Persons who, in good faith, would make the reports would be immune from any civil or criminal liability that might otherwise result by reason of such actions.

A second bill provision states that when any person required by  the proposed statute reports an “act of violence against another person or a situation that constitutes an emergency knowingly fails to report an incident that results in the death of an innocent individual,” he or she would be guilty of a misdemeanor and, upon conviction, would be confined in jail for not more than 10 days or face a $500, or both.

There are four House sponsors, including lead sponsor Del. Randy Swartzmiller, D-Hancock. Introduced Feb. 23. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2754%20intr.htm&yr=2009&sesstype=RS&i=2754

Penalties would be increased for minors who misrepresent their age when purchasing alcohol


House Bill 2877.
Proposed revisions to §60-3A-24 would increase the monetary penalties, to remove the possibility of incarceration and to add community service for a minor who misrepresents his or her age when purchasing alcohol; and to remove the exception that relatives of the minor may furnish alcohol to a minor.

There are seven House sponsors, including lead sponsor Del. Tiffany Lawrence, D-Jefferson. Introduced Feb. 27. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2877%20intr.htm&yr=2009&sesstype=RS&i=2877

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

 


West Virginia Public Campaign Financing Act would apply to state Senate and House of Delegates seats


House Bill 2764.  The purpose of this legislation, introduced in several previous legislative sessions, is to create a system for public funding of election campaigns for candidates for the State Senate and House of Delegates who agree to and do abide by restrictions on campaign contributions from private sources and limits on campaign spending.

There are 11 House sponsors, including lead sponsor Del. John Doyle, D-Jefferson. Introduced Feb. 23. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2764%20intr.htm&yr=2009&sesstype=RS&i=2764

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


Measure would lengthen time for voter registration


House Bill 2798. Proposed revisions to §3-2-6 and §3-2-16 would lengthen the period for voter registration and lengthens the period during which voters may register to the third day before an election.

The bill would permit registration during early elections to occur only a locations designated by the county clerk and permits persons to register and vote on the same day during the early-voting period.

The bill also would prohibit persons from changing party affiliation during the early-voting period preceding a primary election.

 Additionally, the bill changes the canvassing start day in primary elections to Monday so clerks can comply with 10-day post card verification requirement.

There are five House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced Feb. 25. Referred to House Judiciary.

The measure has been endorsed by a 2008 Interim Committee.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2798%20intr.htm&yr=2009&sesstype=RS&i=2798

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

Touch-screen voting machines would be eliminated


House Bill 2864. Proposed revisions to §3-4A-1 et. seq. would prohibit the use of electronic voting technology that employs "touch screens" or requires the voter to touch a screen with a stylus to cast a vote.

Sponsored by Del. Harry White, D-Mingo. Introduced Feb. 27. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2864%20intr.htm&yr=2009&sesstype=RS&i=2864

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

Time for filing of campaign statements would be revised


House Bill 2869. Proposed revisions to §3-8-5b would lengthen the time frame for the filing of final campaign financial statements to between June 15 and 30 immediately following the Primary Election, and between December 15 and 20 immediately preceding the General Election.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced Feb. 27. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2869%20intr.htm&yr=2009&sesstype=RS&i=2869

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


Measure would establish the state Energy Efficient Buildings Program


Senate Bill 325. The purpose of this legislation is to establish the West Virginia Energy Efficient Buildings Program which would concentrate on energy demand-side management in private and public buildings.

The measure would create the West Virginia Energy Efficient Buildings Public Sector Grant Fund and the West Virginia Energy Efficient Buildings Private Sector Loan Revolving Fund.

It would establish criteria for grants and loans made from those Funds.

In terms of various definitions, "Engineered demand-side management project" would include a project undertaken to reduce the amount of energy consumed in an existing structure, including, but not limited to:
 "Qualified energy property" means the following property that meets the performance, quality, and certification standards of and that would have been eligible for the federal tax credit under 26 U.S.C. §25C, as of December 31, 2008 including, but not limited to:


All recipients of grant money for public sector buildings would make three annual payments to the state Development Office “in arrears, (in regard to) the savings it received due to the completion of the engineered demand-side management project.”

Grant Fund moneys resulting from energy savings captured by the projects undertaken in public sector buildings and certified through an energy audit would not be used to provide grants to the public sector but instead would be deposited in the Revolving Fund on an annual basis to provide low-interest loans to the private sector.

The Revolving Fund would be a “permanent and perpetual fund” administered by the state Economic Development Authority on behalf of the Development Office.

 Expenditures from the Fund would be used by the Economic Development Authority, on behalf of the Development Office, to provide low-interest loans to the private sector for engineered demand-side management projects in private sector buildings.

The Authority would not be able to authorize more than one loan outstanding at a time to any private retail, commercial or industrial business.

There are other similar provisions

The Revolving Fund would be governed by a board of directors.

To be eligible for a grant under the provisions of this bill section, the cost of a proposed engineered demand-side management project would have to be least $5,000 and could not exceed $2 million per project.

The bill specifies various grant application procedures.

Beginning July 1, 2010 and ending June 30, 2014 the payback period for an approved engineered demand-side management project would be no more than 5 years, although, beginning July 1, 2013,  although the statute would, under some circumstances, allow for a 12-year payback period.

The measure has other provisions, including an extensive section regarding the grant application process.

Sponsored by Sens. Brooks McCabe, D-Kanawha and Tomblin. Introduced Feb. 23. Referred to Senate Transportation and Infrastructure then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb325%20intr.htm&yr=2009&sesstype=RS&i=325


Transportation Infrastructure Bank would be established


Senate Bill 328. The purpose of this legislation is to create the West Virginia Transportation Infrastructure Bank. The purpose of the bank is to provide loans and other financial assistance to government units for transportation infrastructure.

There are nine Senate sponsors, including lead sponsor Sen. John Unger, D-Berkeley. Introduced Feb. 23. Referred to Senate Transportation and Infrastructure then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb328%20intr.htm&yr=2009&sesstype=RS&i=328


Healthy Lifestyles Restaurant Calorie Posting Program proposed


House Bill 2745. Proposed §5-1E-6 would initiate the Healthy Lifestyles Restaurant Calorie Posting Program, to require restaurants to participate in this program and will benefit from the marketing of this program through state agencies.

As drafted, the legislation is applicable to “chain restaurants” having more than 15 restaurants doing business nationally.

The proposed legislation would require the Governor's Office of Health Enhancement and Lifestyle to propose rules for legislative approval relating to the following:

Once the program becomes operational, marketing would take place through all state agencies.

Finally, the bill states  The West Virginia Public Employees Insurance Agency, the Bureau for Medical Services and the West Virginia Insurance Commission must aggressively market this program to their members for the purposes of health promotion among their members.

There are several other proposals.

There are six House sponsors, including lead sponsor Del. Perdue. Introduced Feb. 23. Referred to House Health and Human Resources then House Government Organization.

This legislation was proposed by a 2008 legislative Interim Committee.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2745%20intr.htm&yr=2009&sesstype=RS&i=2745



Political Subdivisions would be included in West Virginia Alcohol and Drug-Free Workplace Act


House Bill 2771. Proposed §21-1D-5a and §21-1D-7b would include subdivisions of West Virginia in the West Virginia Alcohol and Drug-Free Workplace Act.

This bill would require contractors to submit documentation that they have complied with the requirements of the legislation.

As stated in the legislation, “No less than once per year, or before final payment, every contractor shall provide a certified report to the public authority which let the contract. The report shall include:
  1. Information on who provided the education and training service to meet the requirements in section five of this article;
  2. The name of the laboratory certified by the United States Department of Health and Human Services or its successor that performs the drug tests pursuant to this article;
  3. The average number of employees in connection with the construction on the public improvement;
  4. Drug test results for the following categories including the number of positive tests and the number of negative tests:

The bill would also not require employees who must submit to federal Department of Transportation drug testing to submit to further drug testing under this article.

The bill would further make the offense for the third infraction if it happened within the preceding five years.

There are several other provisions.

There are seven House sponsors, including lead sponsor Del. D. Poling. Introduced Feb. 24. Referred to House Political Subdivisions then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2771%20intr.htm&yr=2009&sesstype=RS&i=2771



Proposed legislation would establish Uniform Maternal Screening Act


House Bill 2837.  Same as Senate Bill 307 which is reviewed in the Feb. 23 issue of The Legislature, this measure would establish an advisory council on maternal risk assessment within the Office of Maternal, Child and Family Health.

There are eight House sponsors, including lead sponsor Del. Perdue. Introduced Feb. 26. Referred to Committee on Health and Human Resources then Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2837%20intr.htm&yr=2009&sesstype=RS&i=2837

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



Legislation is designed to create the Governor’s Office of Health Enhancement and Lifestyle Planning


House Bill 2838. The purpose of this legislation is to establish the Governor's Office of Health Enhancement and Lifestyle Planning to oversee coordination of state departments, agencies, bureaus and commissions for the purpose of redesigning health system delivery services in West Virginia.

One major bill provision state the Governor’s Office of Health Enhancement and Lifestyle Planning would be responsible for developing a five-year strategic plan for implementation of any and all health care system reform initiatives.

“These initiatives shall be included, but are not limited to:
  1. Development of pilot projects for patient-centered medical homes…;
  2. Prioritization of chronic conditions to be targeted for purposes of resource allocation and for greater chronic care management. This should include pilot projects for community based health teams for the development of care plans for healthy children and adults to maintain good health and for at-risk populations to prevent development of preventable chronic diseases;
  3. Development of a single private entity, or no more than three regional entities, in the state to provide centralized practitioner credentialing as set forth in article one-a, chapter sixteen of this code;
  4. Development of standardized prior authorization requirements and processes from insurers;
  5. Implementation of nutrition labeling in restaurants as required by section six, article one-e, chapter five of this code;
  6. Coordination with the state Board of Education…to provide for:
    1. The preservation and allocation of recess time away from instruction and separate from physical education classes in the state schools;
    2. Continuing education for school food personnel and a career hierarchy for food personnel that offers rewards for continuing education hours and credits;
    3. School based physical education coordinators; and
    4. Placement of a dietician in each (Regional Education Service Agency)  area throughout the state.
  7. Implementation of school-based initiatives to achieve greater dietary consistency in West Virginia's school system and to gain greater physical fitness from students;
  8. Development of community based projects designed for the construction, development and maintenance of bicycle and pedestrian trails and sidewalks;
  9. Development and implementation of universal wellness and health promotion benefits;
  10. Continued promotion and support for efforts to decrease the number of West Virginians using tobacco products;
  11. Any necessary changes that will increase small businesses who offer available health insurance as a benefit of employment;
  12. Development of goals to further improve health care delivery in West Virginia. This should include a means to evaluate progress toward achieving these goals in a simple and timely manner;
  13. Measurement of progress of health care provider and physicians to the adoption and use of electronic medical records in their offices;
  14. Coordination of the health information technology in coordination with the West Virginia Health Information Network…”

There are numerous other provisions. This bill was recommended for passage during the 2009 Regular Session by Select Committee D on Health.

There are seven House sponsors, including lead sponsor Del. Perdue. Introduced Feb. 26. Referred to Committee on Health and Human Resources then Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2838%20intr.htm&yr=2009&sesstype=RS&i=2838

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


State funding of abortions would be prohibited


House Bill 2797. Proposed §16-2L-1 would prohibit state funding of abortions.

Accordingly, the bill states “Moneys received or controlled by or transferred from any state fund or funding source may not be expended for health benefits coverage that includes coverage of abortion.”

The term "health benefits coverage" would mean the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.

There are seven House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb. 25. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2797%20intr.htm&yr=2009&sesstype=RS&i=2797

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


Measure relates to removal of nonelected officials


House Bill 2808.    Introduced in past legislative sessions, the purpose of this legislation is to allow local governments to remove persons they currently have authority to appoint, based on just cause.
 
Its provisions would apply to county, district or municipal officers appointed to county or municipal boards, authorities or commissions for fixed terms that require written notice of intent to remove from office.

An appointed member could make a written rejection relating to the removal which would require a hearing regarding such.

The measure would require a written decision following a removal hearing that would include findings of fact and conclusions of law supporting the decisions regarding whether or not to remove a nonelected member of a board, authority or committee.

The decision then could be appealed to circuit court.

There are several other provisions.

There are nine House sponsors, including lead sponsor Del. Manchin. Introduced Feb. 25. Referred to House Political Subdivisions then House Judiciary.

Note: Legislative reference to this bill is not available.

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


National Electrical Code would be adopted; updated every three years


House Bill 2844. Proposed §29-3B-11 would require adoption of the 2008 National Electric Code with updates of the code to be adopted every three years. The bill also requires the State Fire Marshal to notify the public of adopted changes in that code.

Sponsored by Dels. John Ellem, R-Wood and Daniel Poling, D-Wood. Introduced Feb. 26. Referred to House Government Organization.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2844%20intr.htm&yr=2009&sesstype=RS&i=2844


Elected state officials could not become lobbyists for two years after their term expires


House Bill 2857.
Proposed §6B-3-12 would prohibit elected state officials from lobbying before two years after their term of office expires.

There are four House sponsors, including lead sponsor Del. Tal Hutchins, D-Ohio. Introduced Feb. 26. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2857%20intr.htm&yr=2009&sesstype=RS&i=2857

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


Employers would be required to verify legal employment status of all workers


House Bill 2871. Under terms of this legislation, all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a); 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program. The bill provides new definitions and also provides dates by which employers are to meet the verification requirements.

There are nine House sponsors, including lead sponsor Del. Ricky Moye, D-Raleigh. Introduced Feb. 27. 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=hb2871%20intr.htm&yr=2009&sesstype=RS&i=2871

Also refer to House Bill 2469. The purpose of this proposed legislation is to regulate illegal immigration in West Virginia.

It would be known as the West Virginia Taxpayer and Citizen Protection Act of 2009.

These are among provisions relating to education:

There are numerous other provisions.

There are seven House sponsors, including lead sponsor Del. Larry Barker, D-Boone. Introduced Feb. 16. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2469%20intr.htm&yr=2009&sesstype=RS&i=2469


Tax Commissioner would be required to create a Cost of Housing Index


House Bill 2873. Proposed revisions to require the Tax Commissioner to annually file a report with the Legislature containing information indicating the average cost of residential housing in each county and how the costs compare on a county-by-county basis.

There are four House sponsors, including lead sponsor Del. Lawrence. Introduced Feb. 27. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2873%20intr.htm&yr=2009&sesstype=RS&i=2873

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

 


Bill relates to deduction from income derived from trust for autistic minor (deceased)


House Bill 2868. Proposed  §11-21-12i would  allow a subtraction from federal gross income any amount paid by a trust established by the parents (now deceased) of an autistic minor for the support of the minor for state income tax purposes.

There are 10 House sponsors, including lead sponsor Del. Hunt. Introduced Feb. 27. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2868%20intr.htm&yr=2009&sesstype=RS&i=2868


Teachers, service personnel and TRS retirees would receive tax breaks


House Bill 2791. Proposed  revisions to §11-21-12 would permit any income derived from the West Virginia State Teachers Retirement System received by each individual retired public school teacher and service personnel, as well as any income received by each individual active public school teacher and service personnel pursuant to the carrying out of their duties in such positions to be subtracted from federal adjusted gross income for state personal income tax purposes.

There are seven House sponsors, including lead sponsor Del. Rodighiero. Introduced Feb.  24. Referred to House Pensions then House Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2791%20intr.htm&yr=2009&sesstype=RS&i=2791

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


Amount of retirement income subject to personal income taxation would be increased


House Bill 2793. Proposed revisions to §11-21-12 would reduce state income tax liability for retired public employees and increase the amount of retirement income received from state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes.

There are five House sponsors, including lead sponsor Del. Moye. Introduced Feb. 24. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2793%20intr.htm&yr=2009&sesstype=RS&i=2793

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

 


Measure would raise excise tax on tobacco


House Bill 2746.  Proposed revisions to §11-17-3 would raise the cigarette tax to the national average, to raise the tax on other tobacco products to 14 percent of their wholesale price and to establish a special revenue account to fund the Governor's Office of Health System Improvement.

There is a Fiscal Note request.

This bill was recommended for passage during the 2009 Regular Session by Select Committee D on Health.

There are six House sponsors, including  lead sponsor Del. Perdue. Introduced Feb. 23. Referred to House Health and Human Resources then House Finance.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2746%20intr.htm&yr=2009&sesstype=RS&i=2746


Monetary penalties would be increased for selling tobacco products to minors


House Bill 2773. Proposed revisions to §16-9A-2 and -3 would increase the monetary penalties for selling tobacco products to minors; and to increase the monetary penalties for minors possessing tobacco products.

This legislation is similar to Senate Bill 62 which is reviewed in the Feb. 16 issue of The Legislature.

There are eleven House sponsors, including Del. Lawrence. Introduced Feb. 24. Referred to Committee on the Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2773%20intr.htm&yr=2009&sesstype=RS&i=2773

Reference for Senate Bill 62

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb62%20intr.htm&yr=2009&sesstype=RS&i=62

 

 

 

Senate Bill 297 would create a mechanism so that by 2025, at least 25 percent of the electric energy sold to retail customers in West Virginia would generated from alternative and renewable energy resources. The bill has several provisions effectuating that intent…the companion measure is  House Bill 2682. Both are introduced on behalf of the governor…Senate Bill 335 would authorize distribution of fairs and festivals’ funding by the Commissioner of the Division of Culture and History.,. House Bill 2766 is the companion measure…Senate Bill 338 would add an additional circuit judge to the 17th Judicial Circuit (Hampshire, Hardy, Pendleton Counties)…Senate Bill 375 would, among other things, require the Office of Coalfield Community Development to review master land use plans, and the require the post-mining land use proposed in reclamation plans to comport with the land use established in the associated master land use plan. There are other provisions. The measure was introduced on behalf of the governor…House Bill 2835 is the companion measure…Senate Bill 401 would consolidate and combine all gambling-related functions, the state Athletic Commission, and the Alcohol Beverages Control Administration within the state Department of Revenue…House Bill 2882 is the companion measure. Both were introduced on behalf of the governor...Senate Bill 402 would establish accredited convention and visitors’ bureaus in West Virginia...

House Bill 2651 would exempt nonprofit corporations from paying prevailing wages for some construction improvements, namely those costing $50,000 or less…House Bill 2759 would authorize magistrate court clerks to collect a fee for preparing an abstract of judgment in civil cases…House Bill 2790 would repeal the prohibition against bringing deadly weapons upon the state Capitol Complex. It also would “clarify” current law relating to prohibiting the possession of deadly weapons to exclude  parts of the Capitol which does not house the state Supreme Court of Appeals. There are 11 sponsors, including lead sponsor Del. Reynolds…House Bill 2794 would allow shooting of firearms within 500 feet of any home, if there is written consent by all residents within the 500 feet radius. It would also allow an established shooting range to be constructed and operated near parks…House Bill 2799 would eliminate parole for persons who are jailed in state correctional institutions…House Bill 2802 would provide for a death penalty for some crimes…House Bill 2807  would recognize Geographical Information System User Groups for assisting in the development of the state GIS Plan…House Bill 2840 would require any person who begins serving as a magistrate after the effective date of the legislation, to have a college degree or have four years of experience as a magistrate, as well as attend an annual training conference by the Administrator of the Supreme Court of Appeals of West Virginia. There are other provisions…House Bill 2859 would provide a tax credit for firefighters who work in critical need areas of the state. There are other provisions.

 

 

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

Richard Snuffer(Raleigh), President

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

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

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