March 9, 2009 - Volume 29 / Issue 8
Overview Info
Inside
- Public Education
- Community Schools
- County Boards
- Early Childhood Education (ECE)
- Public Health
- Public School Employees
- Public School Transportation
- West Virginia Higher Education Policy Commission (HEPC)
- West Virginia Public Employees Insurance Agency (PEIA)
- Teachers Retirement System (TRS)
- Public Employees Retirement System (PERS)
- Public Education Related
- Briefly...
March 2 – 6, 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 March 2-6, 2009, during the second full week of the First Regular Session of the 79th West Virginia Legislature.
The session will reach its half-way mark later this week.
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 71 bills are reviewed, including some bills introduced for which copies were not available.
Unless otherwise specified, the bill language reviewed is that of the measure as introduced.
Note: The listing should not be considered exhaustive.
For copies of any bill, visit the West Virginia Legislature’s Website or contact the WVSBA Office – 304.346.0571.
PUBLIC EDUCATION
Community Schools
“Higher Education Community Schools” legislation introduced; subject of future legislative newsletter article
Senate Bill 422. This 24-page measure would establish “Higher Education Community Schools,” allowing West Virginia University and Marshall University to operate public schools in cooperation with the Monongalia and Cabell County Boards of Education for school years beginning prior to 2011.
The proposed legislation would establish §18-5B-1 et. seq.
Note: This bill will be the subject of a commentary in a future issue of The Legislature.
Sponsored by Sen. Evan Jenkins, D-Cabell. Introduced March 3. Referred to Senate Education then Senate Finance.
County Boards
County board construction projects would be exempt from prevailing wage laws
House Bill 2909. Proposed §21-5A-12 would exempt construction performed on behalf of any county or municipal government from the prevailing wage laws for those construction projects under $200,000.
Sponsored by Del. Daryl Cowles, R-Morgan. Introduced March 3. Referred to House Political Subdivisions then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Early Childhood Education (ECE)
Bill would codify parts of West Virginia Board of Education Policy relating to Early Childhood Education (ECE)
Editor’s Note: Considerable space has been devoted to a review of this legislation in that it may be a major session focus this year or of a 2009 interim legislative committee.
Senate Bill 498. The purpose of this legislation is to codify, in large part, sections of W. Va. Board of Education Policy §2525.
Additionally, the bill would authorize the Secretary of the Department of Health and Human Resources (DHHR) to propose legislative rules to implement a “quality rating and improvement system statewide” in regard to a “childcare quality rating and improvement system…,” first based on a pilot plan in three counties.
Proposed §49-2E-1 et. seq. Findings; purpose; and intent
As stated in the bill, the purpose of proposed §49-2E-1 et. seq. is to “create a quality rating and improvement system in West Virginia that will serve two primary purposes:
- Parents would have information about the quality of child care programs to make good decisions about the placement of their children; and
- Child-care programs would have an incentive and resources to improve quality.”
- Allow for the creation of a quality rating and improvement system as a pilot project in three counties while a study of the cost of implementing a statewide system is conducted; and
- Create a statewide quality rating and improvement system to be effective July 1, 2011.”
- Fewer special education placements;
- Reduced crime;
- Decreased substance abuse;
- Improved educational outcomes;
- Higher test scores and graduation rates;
- Decreased teen pregnancy; and
- Higher employment and college attendance.”
Proposed §49-2E-2 ,-3. Quality rating and improved system pilot projects; Creation of statewide quality rating and improvement system.
The Legislative Findings also note the Partners Implementing an Early Care and Education System (PIECES) and the West Virginia KIDS COUNT Fund both are advocating for a “quality rating and improvement system” relative to childcare offered in the state.
In order to implement the legislation, the Secretary of the Department of Health and Human Resources “may propose” legislative rules to implement a “quality rating and improvement system in up to five counties as pilot projects” for childcare in West Virginia.
§49-2E-4. Program Standards.
Accordingly, the measure would establish:
- “Different sets of standards shall be developed for family child care homes, family child care facilities and child care centers.
- The system shall consist of four levels of quality.
- The standards for achieving the first level shall be the basic state licensing requirements.
- Participation beyond the first level shall be voluntary.
- Child-care centers shall not be rated at the second level unless it has a regular license.
- Family child care homes shall not be rated at the second level unless they have been registered with the state for at least six months.
- A child care center shall not be rated at the fourth level unless it achieves national accreditation through the National Association for the Education of Young Children or other equivalent accreditations and has received an overall score of five on an evaluation using environmental rating scales.
- A Family child care home shall not be rated at the fourth level unless it achieves national accreditation by the National Association for Family Child Care plus additional standards to be set forth in the rule required by sections two or three of this article, as applicable.”
Program standards would be categorized using the West Virginia State Training and Registry System Core Knowledge Areas.
Thus, “Standards required for the lower level shall be included in the standards required to reach the next level,” with any program(s) currently accredited by the National Association for the Education of Young Children or the National Association for Family Child Care, as applicable, to “ automatically have level four status initially, but (would) lose their level four status at the time of their next National Association for the Education of Young Children or National Association for Family Child Care visit unless (they meet) all the standards of the first three levels by the time of that visit.”
Any DHHR rules would have to “include policies relating to the review, reduction, suspension or disqualification of child care programs from the quality rating and improvement system.”
§49-2E-5. Proposed Accountability Measures.
These are among “accountability measures”:
- “ On-site inspections (would) be conducted at least annually to determine whether programs are rated correctly and continue to meet the appropriate standards.
- Environmental rating scales for early childhood, infant, toddler, school-age care and facility child care (would) be used in accordance with the following:
- Family child care homes (would) be evaluated using the Family child care environmental rating scales;
- Child-care centers (would) be evaluated using the Infant and Toddler, Early Childhood or School-Age Environmental Rating Scales, as appropriate, based on their enrollment;
- Family child care facilities (would) be evaluated using the most appropriate method based on their enrollment;
- Programs rated at level two (would be required to) do annual self-assessments using the proper environmental rating scale;
- Environmental rating scale evaluations (would be) conducted by reliable evaluators for centers rated at levels three and four annually and a program improvement plan designed to improve the environmental rating score would be developed for those centers;
- Except for making an environmental rating scale score of five a condition of level four status, a certain environmental rating scale score (would) not be required so that the focus would be on continuous quality improvement rather than obtaining a certain score; and
- Evaluations (would) be conducted on fifty percent of center classrooms, with a minimum of one class per age group.”
Proposed §49-2E-6. Practitioner and outreach support.
- Technical assistance (would be required to) have a Bachelor's Degree in Early Childhood/Child Development or related field with a classification of social service research assistant.
- Technical assistance staff (would be) responsible for career advising, accreditation support services, improvement planning, portfolio development and environmental rating scale evaluations for improvement planning only.
- Professional development (would) be provided to the staff of child care programs (based on legislative rule).
- The Secretary of the Department of Health and Human Resources (would) create a position within (DHHR) for the purpose of collaborating with other professional development providers to maximize funding for training, scholarships and professional development.
- Each of the six child care resource and referral agencies (would be required to) employ an additional infant and toddler specialists to deliver a (50-hour) training course for staff caring for infants, to provide on-site assistance with infant and toddler issues and provide higher level training.
- Community colleges are encouraged to provide courses through nontraditional means such as online training, evening classes and off campus training.
- The Secretary of the Department of Health and Human Resources (would be required) to purchase new training programs on topics such as business management, the Devereux Resiliency Training, and Mind in the Making, as well as provide training on the environmental rating scales.
- Each of the child care resource and referral agencies (would be required to) employ at least one additional training specialists to support new training topics and to provide training for school-age child care programs.”
Proposed §49-2E-7. Parent education and public awareness.
The bill directs DHHR officials to implement communication strategies to educate parents. The communication strategies may include brochures, Internet sites, posters, banners, certificates, decals and pins, although a “broad public awareness campaign that may include strategies such as earned media campaigns, paid advertising campaigns, e-mail and Internet-based outreach, face-to-face communication with key civic groups and grassroots organizing techniques” would be required.
Proposed §49-2E-8. Financial incentives.
The measure would establish various financial incentive to further its ends, including wage support and benefits which would be phased-in over a five-year period.
Salary scales would be for the “ top three rating levels that varies the salary support based on the education of the care giver and the rating level of the program.”
Further, DHHR would be required to “promote the provision of health care benefits for all staff in (Level II) or above programs that are either participating in the scholarship component or who have attained the Apprenticeship for Child Development Specialist credential or a higher level on the career ladder. The secretary shall use the Teacher Education and Compensation Helps model in the provision of the health care benefits.”
Other incentives relate to establishment of base salaries, tiered reimbursements, based on the rating level of the child care program, scholarships and professional development, etc., including an aim of “increasing the credentials of center staff over a five-year period to the following levels:
- “The Secretary of the Department of Health and Human Resources (would be required to) establish base salary rates at the seventy-fifth percentile of market rate; and
- A system of tiered reimbursement (would) be established which increases the salary rates of staff by a certain amount above the base salary rates for rating level of the child care program.
- (DHHR officials would be required) to provide scholarships and establish professional development plans that would promote increasing the credentials of center staff over a five-year period to the following levels:
- Directors of small centers with up to (30) children would obtain the Apprenticeship for Child Development Specialist credential;
- Directors of medium centers with between (31-60) would obtain an Associate of Arts degree in Early Childhood/Child Development;
- Directors of large centers with (61 or more children) would obtain a Bachelor of Arts degree in Early Childhood/Child Development or business degree with (18-24) hours of Early Childhood/Child Development credits;
- (50) percent of Teachers and Lead Teachers would obtain an Associate of Arts degree in Early Childhood/Child Development and twenty-five percent will be working toward a Bachelor of Arts degree in Early Childhood/Child Development; and
- (50) percent of assistant teachers would work toward an Apprenticeship for Child Development Specialist credential.”
Various grants would be awarded, including moneys to assist child care centers, based on child care center size as well as grants for “helping with the cost of national accreditation shall be awarded to child care centers on an equitable basis. The amount of the grants shall be based on the amount of funding available.”
Other provisions relate to enhancing early care, including “quality enhancements (that would) result in improved care and better outcomes for children,” including access to program components, accountability for programs, assurance that DHHR funds are being used effectively, financial assistance to “child care consumers whose income is at (200) percent of the federal poverty level or under, on review of quality rating systems by contracting with the (PIECES) organization to establish “viable measures” for child care ratings.
There are many other provisions, including proposed amendments to §18-5-44, a section of statute relating to county boards.
Sponsored by Sen. Bob Plymale, D-Wayne. Introduced March 6, 2009. Referred to Senate Education then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public Health
Children entering school for first time must have had dental examination
Senate Bill 485. Proposed §16-3-4a and §18-28-6 would require all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to prove adequate proof of having undergone a dental examination by a licensed dentist.
According to the proposed legislation, “all children entering (Kindergarten or Grade 1) for the first time in this state shall have undergone a dental examination by a dentist licensed to practice dentistry…”
The examination is to include “…the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures.”
If one cannot “give satisfactory proof of having undergone a dental examination or a certificate from a reputable dentist showing such examination had taken place, that such examination is impossible or improper or sufficient reason why the dental examination should not be done, shall not be admitted or received in any of the schools of the state until he or she has undergone said dental examination as provided or produces a certificate from a reputable dentist showing that a dental examination has been done or is impossible or improper or other sufficient reason why such dental examination has not been done.”
Teachers “having information concerning any person who attempts to enter school for the first time without having undergone a dental examination shall report the names of all such persons to the county health officer.
“It shall be the duty of the health officer in counties having a full-time health officer to see that such persons undergo a dental examination before entering school. However, persons enrolling into kindergarten or first grade from schools outside of the state may be provisionally enrolled under minimum criteria established by the Director of the Department of Health so the person's dental examination may be completed while missing a minimum amount of school.”
“Any parent or guardian who refuses to permit his or her child to undergo a dental examination, who cannot give satisfactory proof that the child or person has undergone such dental examination, a certificate from a reputable dentist showing that such examination is impossible or improper, or sufficient reason why the dental examination should not be done, shall be guilty of a misdemeanor, and except as herein otherwise provided, shall, upon conviction, be punished by a fine of not less than $10 nor more than $50 for each offense.
Sponsored by Sen. Ron Stollings, D-Boone. Introduced March 6. Referred to Senate Health and Human Resources then Senate Education.
Public School Employees
Measures would prohibit discrimination based upon age and sexual orientation
House Bill 2925 and House Bill 2954. These measures would prohibit discrimination based upon age and sexual orientation.
These measures are similar to Senate Bill 134 and Senate Bill 238, both of which have been reviewed in past issues of The Legislature.
There are 11 House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced March 3. Referred to House Judiciary,
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2009&sessiontype=RS
The other references are:
Senate Bill 134: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb134%20intr.htm&yr=2009&sesstype=RS&i=134
Senate Bill 238: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb238%20intr.htm&yr=2009&sesstype=RS&i=238
House Bill 2954 would clarify as to an exemption from the "sexual orientation" employment-based proscriptions of this bill for "religious institutions" and offers, for the purposes of this article, a definition the institutions.
The bill also would add "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing.
Finally, it would define "sexual orientation" as "heterosexuality, bisexuality, homosexuality or gender identity, whether actual or perceived."
There are 11 House sponsors, including lead sponsor Del. Webster. Introduced March 5. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public School Transportation
Measure would increase penalties for passing a stop school bus when bus is stopped for receiving and discharging students
House Bill 2951. Proposed §17C-12-7 would increase the fine for overtaking and passing a school bus stopped for the purpose of receiving or discharging children.
For a first offense, the a driver would be fined from $150 to $500 and could face a six-month jail sentence, or both fined and confined.
If convicted of a third or subsequent offenses, the driver would be fined $500 and would face at least a 24-hour jail confinement.
He or she would not have to serve more than a six-month sentence.
There are 11 House sponsors, including lead sponsor Del. Kelli Sobonya, R-Cabell. Introduced Feb. 5. Referred to House Judiciary then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
West Virginia Higher Education Policy Commission (HEPC)
Bills relate to Yellow Ribbon G.I. Enhancement Program
Senate Bill 435 and Senate Bill 480 would require West Virginia public colleges and universities to participate in the federal Yellow Ribbon G.I. Education Enhancement Program.
The Program is to be established pursuant to the Post-9/11 Veterans Educational Assistance Act of 2008 to provide eligible post-9/11 veterans additional moneys towards the cost of tuition and fees at institutions of higher education.
The Act would provide educational benefits to certain post-9/11 veterans in an amount equal to the cost of in-state tuition at the most expensive public university or college in the state.
There are several other provisions.
There are 5 Senate sponsors, including lead sponsor Sen. Plymale. Introduced March 4. Referred to Committee on Education, then to Committee on Finance.
Senate Bill 435 is the same as Senate Bill 245.
The reference for Senate Bill 245 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb245%20intr.htm&yr=2009&sesstype=RS&i=245
Senate Bill 480 is similar to House Bill 2335 which is reviewed in the Feb. 16 issue of The Legislature.
The reference for House Bill 2335 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2335%20intr.htm&yr=2009&sesstype=RS&i=2335
HEPC and West Virginia Council for Community and Technical College Education rules introduced
House Bill 2904. Proposed §18B-17-2 and -3 would authorize rules for higher education; authorize rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education; and authorize rules regarding Guidelines for Governing Boards in Employing and Evaluating Presidents, the Medical Student Loan Program, the West Virginia Higher Education Grant Program, the Research Trust Fund Program, Accountability System, and Finance.
Sponsored by Dels. Mary M. Poling, D-Barbour, and Brady Paxton, D-Putnam. Introduced March 3. Referred to House Education.
Note: This bill was recommended for passage by a legislative interim committee.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would grant tuition and fee waivers for members of the State Police who attend higher education institutions
House Bill 2921. Proposed §18B-10-7c would grant tuition and fee waivers to members of the State Police to attend a college or university.
The bill would allow the attendance, based on factors such as space availability, state residency, the member has applied for and completed the Free Application for Federal Student Aid (FAFSA), and satisfactory progress.
There are other factors and conditions regarding the tuition and fee waivers.
There are 11 House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced March 3. Referred to House Education then House Finance.
Senate Bill 82 is a similar measure.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would prohibit credit card solicitation on college campuses
House Bill 2922. Proposed revisions to §18B-14-10 would prohibit credit card solicitation of students on college campuses.
Sponsored by Dels. John N. Ellem, R-Wood, and Daniel Poling, D-Wood. Introduced March 3. Referred to House Education then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
West Virginia Institute of Technology would be removed from merger with West Virginia University
House Bill 2955. Proposed repeal of §18B-1C-1 et. seq. and proposed revisions to §18B-1-2 and §18B-2A-1 would remove West Virginia University Institute of Technology from the merger with West Virginia University and return it to its former status as a singular state institution of higher education.
Sponsored by Del. Tom Louisos, D-Fayette. Introduced March 5. Referred to House Education then House Finance.
Reference:
Similar proposals have been introduced/considered in a past legislative session or sessions.
Two members would be added to Marshall University and West Virginia Institutional Boards of Governors with membership based on gender, race and ethnicity
House Bill 2961. Proposed revisions to §18B-2A-1 would add two members to the institutional boards of governors West Virginia University and Marshall University based upon their gender, race and ethnicity. It also makes similar changes at other institutions of higher education in West Virginia by changing the composition of institutional boards of governors, membership and numbers of members, including two additional full-time members of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution and two additional members of the institutional nonclassified employees duly elected by the nonclassified employees of the respective institutions.
The bill states the governor, in making “lay” appointments, “shall consider: the need for individual skills, knowledge and experience relevant to governing the institution; the need for awareness and understanding of institutional problems and priorities, including those related to research, teaching and outreach; the value of gender, racial and ethnic diversity.
“ Making lay appointments, the Governor shall seek balance in gender and diversity in the racial and ethnic characteristics of the lay membership of each board.”
The MU and WVU institutional boards would remain with 16 members.
Terms for proposed new members are itemized in the legislation.
There are other provisions.
There are 11 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced March 5. Referred to House Education then House Finance.
There is a Fiscal Note request.
Public Employees Insurance Agency (PEIA)
Measure would create temporary health information technology reinvestment fee
Senate Bill 411. 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.
There are four Senate sponsors, including lead sponsor Sen. Roman W. Prezioso, D-Marion. Introduced March 2. Referred to Senate Health and Human Resources then Senate Finance.
This measure is recommended for passage by a 2008 interim committee.
The House companion measure is House Bill 2747. There are seven House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced Feb. 23, 2009. Referred to House Health and Human Resources then House Government Organization.
PEIA could enter into “capitated provider arrangements” for providing primary health care services
Senate Bill 450. Proposed revisions to §5-16-16 would allow PEIA to enter into capitated provider arrangements for provision of primary health care services.
(Under a capitated arrangement the provider is paid a negotiated flat fee amount by the managed care organization for overseeing the care of numerous health care services.)
There are three Senate sponsors, including lead sponsor Sen. Joe Minard, D-Harrison. Introduced March 4. Referred to Senate Banking and Insurance.
Bill relates to PEIA underwriting of non-state employer groups
Senate Bill 452. Proposed §5-16-18a would authorize the director of the Public Employees Insurance Agency to promulgate rules for underwriting requirements for non-state employers which participate with the agency.
There are three Senate sponsors, including lead sponsor Sen. Minard. Introduced March 4. Referred to Senate Banking and Insurance then Senate Finance.
Employers would face additional fees for PEIA paper transactions
Senate Bill 464. Proposed §5-16-24a would permit PEIA to promulgate a rule to charge fees to employers who transact business with the agency by paper when more efficient and less expensive electronic transactions are available.
There are three Senate sponsors, including lead sponsor Sen. Minard. Introduced March 5. Referred to Senate Finance.
PEIA members’ increases in co-pays would be credited to the 20 percent employee premium payment
Senate Bill 475. Proposed revisions to §5-16-5 would credit increases in co-pays, coinsurance, deductibles and out of pocket maximums adopted by the Public Employees Insurance Agency Finance Board to the twenty percent aggregate employee premium payment for insurance.
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced March 5. Referred to Senate Finance.
There is a Fiscal Note request.
Employers would be required to provide “reasonable documentation” for PEIA to operate its plans
Senate Bill 481. Proposed revisions to §5-16-12a would require that employers participating in the Public Employees Insurance Agency plans provide, upon request, all reasonable documentation required for the director of the Public Employees Insurance Agency to operate the plans, including certain employment records.
There are three Senate sponsors, including lead sponsor Sen. Minard. Introduced March 5. Referred to Senate Finance.
Public employees hired after July 1, 2009, would be prohibited from applying years of teaching service toward PEIA premiums upon retirement
Senate Bill 492. Proposed revisions to §5-16-13 would prohibit public employees hired on or after July 1, 2009, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency upon retirement.
The bill also would specify certain terms of participation in the Public Employees Insurance Agency by clarifying that dependents must live with the employee.
There are three Senate sponsors, including lead sponsor Sen. Minard. Introduced March 6. Referred to Senate Banking and Insurance then Senate Finance.
PEIA members without children could receive reduced PEIA rates
House Bill 2897. Proposed revisions to §5-16-17 would authorize insurance to married workers without children at reduced rates under the West Virginia Public Employees Insurance Act.
Sponsored by Del. Ralph Rodighiero, D-Logan. Introduced March 2. Referred to House Banking and Insurance then House Finance.
There is a Fiscal Note request.
Legislature would have to approve changes in costs imposed by PEIA Finance Board
House Bill 2917. Proposed revisions to §5-16-4 require the Legislature to approve changes in costs imposed by the Public Employees Insurance Agency Finance board instead of being approved by promulgation of new rules proposed by the board's director.
There are 11 House sponsors, including lead sponsor Del. Sobonya. Introduced March 3. Referred to House Judiciary then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2927%20intr.htm&yr=2009&sesstype=RS&i=2927
Similar proposals have been introduced/considered in a past legislative session or sessions.
Volunteer firefighters would be covered by PEIA
House Bill 2930. Proposed §5-16-2 would include volunteer firefighters within the Public Employees Insurance Act and requiring the county commissions to pay either three-fourths or the full amount of premiums.
Sponsored by Del. Rodighiero. Introduced March 4. Referred to House Finance.
There is a Fiscal Note request.
PEIA Finance Board would be prohibited from increasing types and levels of costs to current and retired members
House Bill 2956. Proposed §5-16-5 would prohibit the Finance Board from increasing the types and levels of cost to applicable current and retired employees during the 2010 and 2011 plan years.
Sponsored by Del. Rodighiero. Introduced March 5. Referred to House Banking and Insurance then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would prohibit premium subsidies for retirees hired after July 1, 2010
House Bill 2959. Proposed §5-16-5 would prohibit PEIA Finance Board from providing premium subsidies to retired employees hired on or after January 1, 2010.
There are three House sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. Introduced March 5. Referred to House Pensions and Retirement then House Finance.
Reference:
Teachers Retirement System (TRS)
Bill would lift cap on number of days retired teachers could work and continue to draw TRS benefits
Senate Bill 458. Proposed §18-7A-13a would lift the cap on the number of days that retired teachers can work and continue to draw their retirement benefits from the State Teachers Retirement System.
Sponsored by Sen. Randy White, D-Webster. Introduced March 5. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would permit WV-AFT and WVSSPA employees to count years of employment with respective organizations toward TRS service credit
Senate Bill 496. Proposed §18-7A-17 would allow teachers employed by a statewide professional teaching association or service personnel association to count this service towards retirement credit.
Sponsored by Sen. Jack Yost, D-Brooke. Introduced March 6. Referred to Senate Pensions then Senate Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Military service would be counted toward TRS and other retirement system service credits for qualified members employed after July 1, 2009
Senate Bill 415. The purpose of this legislation is to provide up to 24 months of military service credit for time served in active military duty to any qualified member of the West Virginia Public Employees Retirement Act, the West Virginia State Police Retirement System, the State Teachers Retirement System, the Teachers' Defined Contribution Retirement System and the Retirement System for Judges hired for the first time on or after July 1, 2009, or for any qualified member who is not vested on June 30, 2009.
Sponsored by Sen. Foster. Introduced March 2. Referred to Senate Pensions then Senate Finance.
There is a Fiscal Note Request.
The House companion measure is House Bill 2924. There are six House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced March 3. Referred to House Pensions and Retirement then House Finance.
There is a Fiscal Note request.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public Employees Retirement System
Periods of service in recent conflicts in Granada, Lebanon and Panama Canal would count as PERS credit
House Bill 2963. Proposed revisions to §5-10-15 would permit the period of service by veterans of the conflicts in Granada, Lebanon and the Panama Canal be allowed as military service credit for persons who are eligible for public employees retirement benefits.
There are 10 House sponsors, including lead sponsor Del. Samuel Cann, D-Harrison. Introduced March 5. Referred to House Pensions and Retirement then House Finance.
Similar proposals have been introduced/considered in a past legislative session or sessions.
PUBLIC EDUCATION-RELATED
Child Welfare
Petitions for grandparent visitations would have to be filed in family court when actions regarding the child are pending in family court
Senate Bill 405. Proposed §48-10-401 would require petitions for grandparent visitation to 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.
Sponsored by Sen. Jeffrey Kessler, D-Marshall. Introduced March 2. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Child custody would be modified due to military service
Senate Bill 421. Proposed §48-9-404 would allow for more flexibility in the parenting plan of a member of the military who is called back to active duty.
The pertinent bill language states “…(T)he court may not issue an order, modify, or amend a previous judgment or order that changes a parenting plan as it existed on the date the parent was activated, deployed or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend a parenting plan if there is preponderance of the evidence that the temporary modification or amendment is in the best interest of the child.
“When entering a temporary order under this section, the court is to consider and provide for, if feasible contact between the military service member and his or her child, including, but not limited to, electronic communication by web cam, telephone or other available means.
“The court is to permit a liberal parenting plan during periods of leave from military service, as it is in the child's best interest to maintain the parent-child bond during the parent's military service.”
There are other provisions.
Sponsored by Sen. Doug Facemire, D-Braxton. Introduced March 3. Referred to Senate Military then Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Special revenue account – Juvenile Services Status Offender Fund – would be established
Senate Bill 433. Proposed revisions to §49-5B-4 would create a special revenue account in the State Treasury known as the Juvenile Services Status Offender Fund to facilitate reimbursement of expenses incurred by the Division of Juvenile Services in housing juvenile status offenders.
Sponsored by Sen. Donna J. Boley, R-Pleasants. Introduced March 4. Referred to Senate Health and Human Resources then Senate Finance.
Comprehensive Shared Parenting Act proposed
Senate Bill 438. The purpose of this legislation is to clarify the statutory definition of “shared parenting.”
It also updates language regarding allocation of custodial responsibilities and decisionmaking responsibility of children, dealing with matters such educating parents on their rights and responsibilities and the effect their separation may have on children, encouraging parents to reach mutual agreements related to their child's best interest, and encouraging mediation of disputes when they do not live together or are divorced.
Additionally, the bill has a finding which states, “the Legislature further recognizes and declares the fundamental liberty interests of parents to share in the rights and responsibilities of rearing their children after the parents have separated or divorced.
“The Legislature also finds and declares the court's secondary concern is to interfere to the least degree in familial relationships promoting cooperation between parents that do not live together to achieve the objectives set forth in this (proposed legislation).”
Accordingly, “the primary objective of this article is to serve the child's best interests, recognizing each parent provides unique and invaluable contributions that are equally important, by facilitating: Familial, physical health, economic, educational and emotional stability of the child.
“Parents ability and willingness to reorganize work schedules to maximize contact with the child.”
A secondary objective to the above is to “achieve approximately equal access to both parents for the child whenever practical.”
Within context of the above Legislative Findings, the measure would address parenting agreements, inform parents about false allegations of domestic abuse, sexual abuse and neglect, temporary and permanent parenting plans, “negative effects” designed to “undermine the relationship between the parent and child,” emergency medical procedures for affected children, parenting plan modifications, parental relocation, and enforcement of parenting plans.
The 40-page bill contains numerous other provisions.
Sponsored by Sen. Kessler. Introduced March 4. Referred to Senate Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would clarify domestic relations definitions
Senate Bill 449. A portion of this 18-page bill relates to child support, including calculations of such, exclusions from child support calculation, caretaking functions on behalf of children and domestic relations orders.
Sponsored by Sen. Kessler. Introduced March 4. Referred to Senate Judiciary.
The measure is the same as House Bill 2971. It is sponsored by Dels. Jeff Eldridge and Josh Stowers, both D-Lincoln. Introduced March 5. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would protect children from “dangerous lighters”
Senate Bill 455. Proposed §47-25-1 et. seq. would establish the “Protect Children from Dangerous Lighters Act.”
The purpose is to protect youngsters from “novelty lighters” or lighters having a “toy-like appearance (or which have) entertaining audio or visual effects, or (which resemble) in any form for function an item that is commonly recognized as appealing, attractive, or intended for use by children (10 years or younger)…”
According to the bill, novelty lighters are considered “banned hazardous substances” under federal law.
Sponsored by Sen. Foster. Introduced March 4. Referred to Senate Health and Human Resources then Senate Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb455%20intr.htm&yr=2009&sesstype=RS&i=455
Telecommunication devices would be included as contraband in juvenile detention centers
Senate Bill 460. Proposed revisions to §61-5-8 would include telecommunications devices as contraband in jails, state correction facilities, juvenile facilities and juvenile detention centers.
Sponsored by Sen. Kessler. Introduced March 5. Referred to Senate Judiciary.
Measure would establish “Caregivers Consent Act”
Senate Bill 483. Proposed to §49-11-1 et. seq. would establish the Caregivers Consent Act, allowing for a caregiver who is not a parent, legal custodian or guardian of a minor to consent to health care for a minor through an affidavit. The bill provides for revocation and termination of consent, good faith reliance on the affidavit, exceptions to an affidavit's applicability, penalties for a false statement in an affidavit of consent and rule-making authority.
Sponsored by Sen. Prezioso. Introduced March 5. Referred to Senate Health and Human Resources.
The House companion measure is House Bill 2983. There are three House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced March 6. Referred to House Judiciary then House Finance.
There is a Fiscal Note request.
Trust account would be established for children diagnosed with Autism Spectrum Disorder
House Bill 2888. Proposed §9-2-13 would require the Department of Health and Human Resources to provide matching funds up to $2,000, dollar for dollar each calendar year, to any funds donated by the parents of a minor into a trust account created after the minor has been diagnosed with an autism spectrum disorder, with the money from said trust to be disbursed to help pay expenses for the care of said minor and otherwise be exempt for state income tax purposes.
There are seven House sponsors, including lead sponsor Del. Mark Hunt, D-Kanawha. Introduced March 2. Referred to House Finance.
There is a Fiscal Note request.
Age of consent for minor to refuse mental health treatment would be raised to age 18
House Bill 2908. Proposed revisions to §27-4-1 would change the age of consent for refusal of mental health treatment from age 12 to age 18. The bill also clarifies that the state is not obligated to pay for voluntary hospitalizations.
There are five House sponsors, including lead sponsor Del. Linda Goode Phillips, D-Wyoming. Introduced March 3. Referred to House Health and Human Resources then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Both parents would be required to be equally responsible for a child’s funeral expenses
House Bill 2966. Proposed §48-10-308 would require both legal parents to be equally responsible for a child's funeral expenses “unless otherwise specified in a binding divorce decree or legal separation agreement.”
There are 11 House sponsors, including lead sponsor Del. Eldridge. Introduced March 5. Referred to House Judiciary.
Crimes
“Terroristic threat” would be a felony regardless of intent to actually commit a crime
House Bill 2952. Proposed revisions to §61-6-24 would clarify that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
There are 11 House sponsors, including lead sponsor Del. Webster. Introduced March 5. Referred to House Judiciary then House Finance.
Reference:
Similar proposals have been introduced/considered in a past legislative session or sessions.
Elections
Interim committee proposal would lengthen the period for voter registrations; several other provisions
Senate Bill 462. The purpose of this legislation is to lengthen the period for voter registration and to lengthen the period during which voters may register to the third day before an election. The bill permits registration during early elections to occur only at 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 prohibits 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 six Senate sponsors, including lead sponsor Sen. Mike Oliverio, D-Monongalia. Introduced March 5. Referred to Senate Judiciary then Senate Finance.
The House companion measure is House Bill 2798. Refer to the March 2, 2009, issue of The Legislature.
Bill would establish a means to challenge a candidate’s qualifications for elected office
House Bill 2926. Proposed revisions to §3-5-4, proposed §3-5-7a and proposed §7-1-b would establish a procedure for challenging a candidate's qualifications for elected office, including opportunity for hearings, evidence and appeals.
Sponsored by Del. Tim Manchin, D-Marion, Introduced March 3. Referred to House Political Subdivisions then House Judiciary.
Measure relates to manual counting of ballots in contested elections
House Bill 2947. Proposed revisions to §3-4A-28 would require manually counting of ballots in five percent of the relevant precincts in only contested elections.
Sponsored by Del. Doug Reynolds, D-Cabell. Introduced March 4. Referred to House Judiciary.
There is a Fiscal Note request.
House and Senate candidates would be required to file announcement of candidacies with the Secretary of State
House Bill 2965. Proposed revisions to §3-5-7 would require candidates for the House of Delegates and the State Senate to file their announcement of candidacies with the Secretary of State.
There are seven House sponsors, including lead sponsor Del. Virginia Mahan, D-Summers. Introduced March 5. Referred to House Judiciary.
Straight-ticket voting would be prohibited
House Bill 2974. The purpose of this proposed legislation, which would amend several sections of election laws, is to abolish the one-vote straight-ticket voting in all General and Special elections within West Virginia.
Sponsored by Del. Troy Andes, R-Putnam. Introduced March 6. Referred to House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill relates to third-party candidates
House Bill 2981. This proposed legislation would, among other things, allow groups of citizens having no party organization to nominate candidates who are not already candidates in the Primary Election for public office. This could be accomplished without conventions or Primary Elections. In that case, the candidate or candidates, jointly or severally, would be required to file a nomination certificate.
The bill has several other sections and would allow any registered voter signing a certificate to vote for candidates of his or her choosing in the Primary Election.
There are several other provisions.
There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 6. Referred to House Judiciary.
Governmental Entities
Measure would establish Governor’s Office of Health Enhancement and Lifestyle Planning
Senate Bill 412. This legislation is the same as House Bill 2838 which was reviewed in the March 2, 2009, issue of The Legislature.
It would create 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.
The legislation is recommended for passage by an interim legislative committee.
There are four Senate sponsors, including lead sponsor Sen. Prezioso. Introduced March 2. Referred to Senate Government Organization then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb412%20intr.htm&yr=2009&sesstype=RS&i=412
The House Bill reference is:
Healthy Lifestyles Restaurant Calorie Posting Program proposed
Senate Bill 419. 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.
There are four Senate sponsors, including lead sponsor Sen. Prezioso. Introduced March 3. Referred to Senate Health and Human Resources then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb419%20intr.htm&yr=2009&sesstype=RS&i=419
House Bill 2745 is the House companion bill.
That bill was reviewed in the March 2, 2009, issue of The Legislature.
The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2745%20intr.htm&yr=2009&sesstype=RS&i=2745
Handicapped restrooms would have to have handrails or grab bars
Senate Bill 491. Proposed revisions to §5-15-4 would require handicap restroom facilities and stalls in all public places be constructed with two handrails or grab bars to accommodate persons in wheelchairs and other persons who need assistance.
Sponsored by Sen. Kessler. Introduced March 6. Referred to Senate Health and Human Resources then Senate Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb491%20intr.htm&yr=2009&sesstype=RS&i=491
Central Registry for Severe Head Injuries would be placed with Center for Excellence in Disabilities
Senate Bill 493. Proposed revisions to §18-10A-15 would change control of the central registry for severe head injuries from the Division of Vocational Rehabilitation to the Center for Excellence in Disabilities.
Sponsored by Sen. Prezioso. Introduced March 6. Referred to Senate Health and Human Resources.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb493%20intr.htm&yr=2009&sesstype=RS&i=493
Bill would require state Fire Commission to issue rules in accordance with national and international building codes and standards
Senate Bill 504. Proposed revisions to §29-3-5b would required the state Fire Commission to propose a legislative rule regarding the “2009 edition of the International Energy Conservation Code. The rule shall set forth in the State Building Code the standards and requirements for residential buildings contained in the 2009 edition of the International Energy Conservation Code, verbatim.”
According to terms of the legislation, the state Fire Commission would also be required to propose a legislative rule “regarding the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers/Illuminating Engineering Society of North America Standard 90.1-2007. The rule shall set forth in the State Building Code the standards and requirements for commercial buildings contained in the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers/Illuminating Engineering Society of North America Standard 90.1-2007, verbatim.”
According to the Bill Note, development of these rules would enable the state to receive funds under the American Recovery and Reinvestment Act of 2009.
Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Minority Leader Don Caruth, R-Mercer, on behalf of the governor. Introduced March 6. Referred to Senate Judiciary then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb504%20intr.htm&yr=2009&sesstype=RS&i=504
The House companion measure is House Bill 2976. It is sponsored by House Speaker Rick Thompson, D-Wayne, and House Minority Leader Tim Armstead, R-Kanawha. Introduced March 6. Referred to House Judiciary then House Finance.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2976%20intr.htm&yr=2009&sesstype=RS&i=2976
Measure relates to eminent domain by governmental agencies with subsequent usage by non-governmental entities
House Bill 2892. Proposed §54-2-22 would increase any award of “just compensation” to a property owner by 25 percent for eminent domain takings by nongovernment entities. The bill also provides for a 25 percent increase in compensation for takings by government entities that are transferred to nongovernment entities within ten years of the original taking.
There are 10 House sponsors, including lead sponsor Del. John Doyle, D-Jefferson. Introduced March 2. Referred to House Judiciary then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2892%20intr.htm&yr=2009&sesstype=RS&i=2892
Similar proposals have been introduced/considered in a past legislative session or sessions.
Bill would establish West Virginia Transportation Infrastructure Bank
House Bill 2900. This legislation would 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 10 House sponsors, including lead sponsor Del. Dale Stephens, D-Cabell. Introduced March 2. Referred to House Government Organization then House Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2900%20intr.htm&yr=2009&sesstype=RS&i=2900
It is similar to Senate Bill 328 which is reviewed in the March 2, 2009, issue of The Legislature.
The Senate Bill 328 reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb328%20intr.htm&yr=2009&sesstype=RS&i=328
Name of subcontractors would have to be disclosed within 2 hours of close of bids for public construction contracts
House Bill 2923. Proposed revisions to §5-22-1 would require the disclosure of subcontractors within two hours of the close of bids for public contracts. The bill provides that if this disclosure is not made the bid will be disqualified. The bill also requires that if no subcontractors are to be used their nonuse will be noted. Additionally, the bill prohibits the substitution of a contractor unless it is to the owner's advantage.
There are eight House sponsors, including lead sponsor Del. Orphy Klempa, D-Ohio. Introduced March 3. Referred to House Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2923%20intr.htm&yr=2009&sesstype=RS&i=2923
Measure relates to privatization contracts
House Bill 2933. Proposed §4-13-1 et. seq. would prohibit privatization of government services unless private companies can prove that they can perform those services more efficiently.
Sponsored by Del. Rodighiero. Introduced March 4. Referred to House Government Organization then House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2933%20intr.htm&yr=2009&sesstype=RS&i=2933
Also refer to House Bill 2571. It is reviewed in the February 23, 2009, issue of The Legislature. The reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2571%20intr.htm&yr=2009&sesstype=RS&i=2571
Entities, businesses or individuals who perform abortions would be prohibited from receiving subsidies or financial assistance from the state
House Bill 2942. Proposed §16-2L-1 would prohibit any “entity, organization, business or individual that performs abortions or that assists or contributes to the performing of any abortion shall receive no subsidy or financial assistance or any kind of assistance from the State of West Virginia or from any of its counties or from any of its municipalities, except those payments that are necessary to meet the minimum requirements of the law.”
The proposed legislation has a proviso stating, “Nothing in this section shall be construed or interpreted to condone, permit, allow or endorse any abortion.”
Sponsored by Del. Patrick Lane, R-Kanawha. Introduced March 4. Referred to House Judiciary.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2942%20intr.htm&yr=2009&sesstype=RS&i=2942
Similar proposals have been introduced/considered in a past legislative session or sessions.
Public officials would be encouraged to display National Motto on public property
House Bill 2945. Proposed §5-16-17 would “…(declare, as a legislative finding,) that the national motto should be prominently displayed on public property and in public buildings in honor of this country's heritage.”
As a result, “the governing authority of any public property, public buildings and any building, designed, constructed and maintained with public funds from the state, a county or a municipality is hereby encouraged to prominently display on such property or building, the American national motto, "In God We Trust."
“The state Building Commission shall develop guidelines for such display and the commission may provide, at its cost, an appropriate display of the national motto to any agency of state, county or municipal government requesting it.”
There are 11 House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced March 4. Referred to House Government Organization then House Judiciary.
Similar proposals have been introduced/considered in a past legislative session or sessions.
Use of LEED and Green Globes Standards would be required in construction and renovation of state buildings
House Bill 2948. Proposed §5-16-17 would require the use of the LEED and Green Globes standard for new construction and renovation of state buildings.
"LEED standard" means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard and “Green Globes" means the Green Building Initiative green building rating standard.”
Prior to July 1, 2010, the Department of Administration is the department is encouraged to build new state office buildings to the LEED standard of silver that is applicable at the time the building project is initiated.
After July 1, 2010, the department is required to build new state office buildings to the LEED standard of silver that is applicable at the time the building project is initiated.
In terms of state office building renovations, the department is encouraged to renovate existing state office buildings to the LEED standard of certified that is applicable at the time the building project is initiated.
After July 1, 2009, the department is encouraged to renovate and/or build other state buildings to the LEED standard or certified that is applicable at the time the building and/or renovation project is initiated.
The bill has various reporting requirements.
By January 1, 2012, the Department of Administration would be required to report to the Joint Committee on Government and Finance on all state buildings that were built or renovated using the LEED standard.
Among other details, the reports must include the LEED standard obtained, the process required to obtain the LEED standard, matters regarding costs, energy savings, etc.
There are six House sponsors, including lead sponsor Del. Dale Martin, D-Putnam. Introduced March 4. Referred to House Government Organization then House Finance.
There is a Fiscal Note request.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2948%20intr.htm&yr=2009&sesstype=RS&i=2948
Similar proposals have been introduced/considered in a past legislative session or sessions.
Tobacco
Bill would raise excise tax on tobacco products
Senate Bill 420. This legislation is the same as House Bill 2746.
It would raise the excise tax on cigarettes and all related tobacco products, establishing a separate revenue account for these moneys to fund the Governor’s Office of Health System Improvement.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb420%20intr.htm&yr=2009&sesstype=RS&i=420
The reference for House Bill 2746, which was reviewed in the March 6 issue of The Legislature, is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2746%20intr.htm&yr=2009&sesstype=RS&i=2746
Similar proposals have been introduced/considered in a past legislative session or sessions.
Proposed legislation would establish a “cigarette fire safety standard”
Senate Bill 456. Proposed 47-25-1 et. seq. would establish a fire safety standard for cigarettes sold in the state and set a reduced cigarette ignition propensity performance test and standard.
The bill would require compliance certification by manufacturers and certain packaging markings. It would authorize the State Fire Marshall, law-enforcement agencies and their authorized representatives to enforce its requirements.
The proposed legislation would establish penalties and creates a special fund for those penalties.
Additionally, the measure would provides the State Fire Marshall with rule-making authority, authorizing the sale of existing inventory and permits the sale of noncompliant cigarettes to other states and foreign countries.
The bill also would preempt any local regulations, providing that the bill itself may be repealed if federal standards are adopted.
There are other provisions.
Sponsored by Sen. Foster. Introduced March 4. Referred to Senate Judiciary then Senate Finance.
Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb456%20intr.htm&yr=2009&sesstype=RS&i=456
Similar proposals have been introduced/considered in a past legislative session or sessions.
Briefly...
Senate Bill 404 – there is a House companion measure – would establish a Commission whose purpose is to celebrate West Virginia’s 150th anniversary of being a state…Senate Bill 417 would establish the state Voluntary Employee Retirement Account program in the state Treasurer’s Office. It would become a voluntary tax-deferred retirement plan for non-governmental employers and employees in West Virginia. There is a companion House bill…Senate Bill 418 would require municipalities to enact an ordinance and establish a specific purpose when implementing or increasing municipal fees…Senate Bill 446 would create the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods. The House companion is House Bill 2950…Senate Bill 484 would codify the state Partnership to Promote Community Well-Being established by gubernatorial Executive Order No. 8-04. This extensive measure relates to tax valuation…Senate Bill 497 would designate the Partnership for Community Well-being as the state’s single planning authority for substance abuse prevention…
House Bill 2883 would make it a criminal offense to impose an obligation on a person, as a condition of employment, to affiliate with a labor organization and pay dues and other fees. It is a Right to Work measure…House Bill 2886 would establish accredited convention and visitors’ bureaus…House Bill 2889 would exempt the first $30,000 of a taxpayer’s severance wages from state income tax for the tax year 2009 only…House Bill 2890 would provide low-income workers with a refundable state tax credit, based on federal Earned Income Tax Credits…House Bill 2894 would establish tax credits for personal and commercial users of the West Virginia Turnpike…House Bill 2910 would increase the number of magisterial districts in a county from three to four…House Bill 2915 would authorize sale of prohibited fireworks…House Bill 2918 would ban the sale of “Barbie” dolls and other dolls that influence girls to be beautiful…House Bill 2931 would remove the severance tax on timber for tax years 2010 and 2011…House Bill 2957 would require county Extension Service Committees to collect data regarding the location of cemeteries in West Virginia through working with Extension Agents and the state Historic Preservation section in the Division of Culture and History…House Bill 2962 would raise the maximum personal income tax exemption for persons over age 65 and for persons who are totally disabled. The bill would apply for the next three years…House Bill 2972 would require that at least 50 percent of the moneys remaining in the Tourism Promotion Fund be made to state companies.
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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