Active bills and resolutions reviewed

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

The following is a listing of Senate and House education and education-related bills having been adopted by the legislature during the 2010 regular session. Also listed are four education-related Resolutions lawmakers approved this session. (Resolutions usually form the basis for interim studies, although this is not a requirement for such.)

References are included only for the final – Enrolled – version of a bill or resolution.  NOTE: Do not rely on other versions included on the Legislature’s website unless identified as the Enrolled Bill version. (These versions may not have the final bill language referred to the governor for his consideration.)

Bills are listed by short title.

Contact the West Virginia Legislature’s website for information regarding any bill: http://www.legis.state.wv.us/

You also may contact the West Virginia School Board Association by telephoning 304.346.0571 for information regarding any bill or resolution.

 

PUBLIC EDUCATION

• Senate Bill 391. Relating to county board of education members' eligibility. Approved by governor March 10.  Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB391 enr.htm&yr=2010&sesstype=RS&i=391

• Senate Bill 548. Extending time Boone County Board of Education can meeting as a levying body. Approved by governor March. 8. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB548 enr.htm&yr=2010&sesstype=RS&i=548

• House Bill 4040. Requiring county boards to adopt contingency plans designed to guarantee 180 separate days of instruction for students. Approved by governor Feb. 4. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4040 ENR.htm&yr=2010&sesstype=RS&i=4040

• House Bill 4652. Establishing a calendar committee for each county. Completed legislative action; awaiting governor’s signature.

Public School Employees

• Senate Bill 396. Updating commercial driver's license requirements. Completed legislative action; awaiting governor’s signature.

• House Bill 3301. Amending the Division of Labor rule verifying employees legal employment status. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3301 SUB ENR.htm&yr=2010&sesstype=RS&i=3301
  
  
• House Bill 4512. Relating to school bus operators. Completed legislative action; awaiting governor’s signature.

Public School Finance

• Senate Bill 237. Authorizing issuance of revenue bonds for public projects by municipalities, county commissions and certain boards of education (growth counties). These bonds would be secured by lottery revenue for the purpose of acquiring or constructing public projects. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 547. Correcting inconsistency in school board levies' code.  Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 573. Allowing audits published electronically with notice to proper authorities. Completed legislative action; awaiting governor’s signature.

• Senate Bill 633. Enabling counties, municipalities, the state and county boards of education to deposit public funds into deposit accounts that are swept periodically into multiple federally insured deposit accounts through a deposit placement program without providing a bond. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4037. Relating generally to federal subsidy bonds and bond financing. Approved by governor March 10. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4037 ENR.htm&yr=2010&sesstype=RS&i=4037

 

 

Public School Students

• House Bill 4211. Providing supplemental funding for providing alternative programs for Limited English Proficient Students. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4593. Relating to high school graduation improvement. Completed legislative action; awaiting governor’s signature.
  
  
  
  

Public School Transportation

• Senate Bill 183. Creating Diesel-Powered Motor Vehicle Idling Act. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 396. Updating commercial driver's license requirements. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4223. Increasing the safety of school children that use school buses. Completed legislative action; awaiting governor’s signature.
  
  
  

Regional Education Service Agencies (RESAs)

• House Bill 4031.  Providing flexibility in the West Virginia public school support plan for funding regional education service agencies. Completed legislative action; awaiting governor’s signature.

School Building Authority of West Virginia (SBA)/School Construction/Facilities

• Senate Bill 229. Authorizing School Building Authority issue outstanding bonds. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4359. Requiring local labor for public construction projects. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4359 SUB ENR.htm&yr=2010&sesstype=RS&i=4359

West Virginia Board of Education

• House Bill 631. Updating process for adopting textbooks and other instructional materials. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB631 SUB1 enr.htm&yr=2010&sesstype=RS&i=631

• House Bill 4436. Providing discretion to schools that make AYP to use assessments and adopting instructional strategies and programs that promote student learning. Completed legislative action; awaiting governor’s signature.  Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4436 SUB ENR.htm&yr=2010&sesstype=RS&i=4436

• House Bill 4669. Granting exceptions to certain statutes to Innovation Zone plans approved by the state Board of Education. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4669 ENR.htm&yr=2010&sesstype=RS&i=4669

West Virginia Higher Education Policy Commission (HEPC)/Higher Education-related

• Senate Bill 480. Relating to public higher education personnel. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 499. Changing names of certain community and technical colleges. Completed legislative action; awaiting governor’s signature.
  
  
•  Senate Bill 543. Authorizing Energy and Water Savings Revolving Loan Fund Program and PROMISE rules for Higher Education Policy Commission. Completed legislative action; awaiting governor’s signature Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB543 SUB1 enr.htm&yr=2010&sesstype=RS&i=543
  
  
• Senate Bill 611. Removing location requirement for certain higher education offices. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 612.  Authorizing Governor certify certain capital improvement projects' lists (higher education). Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4026. Relating to Higher Education Capital Facilities Generally. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4026 ENR.htm&yr=2010&sesstype=RS&i=4026
  
  
•  House Bill 4145. Providing services and facilities to assist student veterans at state institutions of higher education. Completed legislative action; awaiting governor’s signature.
  
  
  
  

West Virginia Public Employees Insurance Agency (PEIA)

• Senate Bill 442. Clarifying PEIA Finance Board may offset certain annual retiree premium increases. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 446. Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 449. Relating to PEIA preexisting conditions limitations. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4299.  Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4299 SUB ENR.htm&yr=2010&sesstype=RS&i=4299
  
  
• House Bill 4373. Eliminating the twelve-month look-back period for certain children who have had employer sponsored insurance. Completed legislative action; awaiting governor’s signature.

 

Teachers Retirement System (TRS)

• Senate Bill 553. Extending time to purchase full service credit in Teachers’ Defined Contribution Retirement System. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB553 enr.htm&yr=2010&sesstype=RS&i=553
  
  
  
  

Workers' Compensation

• House Bill 4615. Authorizing political subdivisions to establish risk pools to insure their Workers' Compensation risks. The pertinent language reads: “Any group of two or more political subdivisions may, upon approval of the Insurance Commissioner, establish and maintain a self-insurance pool to insure their workers' compensation risks: Provided, That political subdivisions may not make application to the Insurance Commissioner to operate a risk pool until rules promulgated (by the state Insurance Commissioner) regulating such programs have been made effective.” Completed legislative action; awaiting governor’s signature.

EDUCATION-RELATED

Child Welfare

• Senate Bill 51. Relating to child custody plans for National Guard or military reserve parents. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 122. Increasing mental health treatment refusal age of consent. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 349. Requiring child care centers have written evacuation plan. Completed legislative action; awaiting governor’s signature. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB349 SUB2 enr.htm&yr=2010&sesstype=RS&i=349
  
  
• Senate Bill 490. Relating to domestic violence. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 533. Revising statutory language regarding child abuse. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 610. Extending statutory exemption to certain out-of-school time programs. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 636. Reconstituting Commission to Study Residential Placement of Children. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 669. Allowing municipalities to offer teen courts. Completed legislative action; awaiting governor’s signature.

• House Bill 4164. Creating of a pilot program for the placement of children four to ten years of age in foster care which would be known as Jacob's Law. Completed legislative action; awaiting governor’s signature.
  

Crimes

• Senate Bill 533. Revising statutory language regarding child abuse. Completed legislative action; awaiting governor’s signature.
   
• House Bill 2773. Increasing the monetary penalties for selling tobacco products to minors. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4018. Establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4188.  Establishing Anti-Criminal Street Gang Act. Completed legislative action; awaiting governor’s signature.

Governmental Entities

• Senate Bill 238. Relating to the use of mineral rights to benefit state agencies, institutions or departments. NOTE: this appears to affect state government agencies only.  Completed legislative action; awaiting governor’s signature.  
  
  
• Senate Bill 453. Providing State Register subscribers electronic format option. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 574. Declaring December 7 special memorial day. According to the Bill Note, all “municipalities” in the state are encouraged to commemorate that date. Completed legislative action; awaiting governor’s signature.
  
  
  
  

Taxation

• Senate Bill 401. Relating to ad valorem property taxes (holding harmless the local share for public school support for reductions in revenues resulting from decisions of a board of assessment appeals).  Completed legislative action; awaiting governor’s signature.
  
  
  
  

MISCELLANEOUS

• Senate Bill 236. Creating Aquaculture Development Act. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 422. Limiting liability for “nonhealth care provider” defibrillator users. Completed legislative action; awaiting governor’s signature.
  
  
• Senate Bill 648. Repealing outdated and obsolete sections of education code. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 3152.  Establishing Athletic Trainers Registration Act. Completed legislative action; awaiting governor’s signature.
  
  
• House Bill 4281. Replacing references to "mental retardation" with "intellectual disability.” Completed legislative action; awaiting governor’s signature.

 

RESOLUTIONS

• Senate Resolution 17. Encouraging judicial circuits and county boards of education implement new approach to truancy.  Has completed legislative action. Reference: http://www.legis.state.wv.us/Bill_Status/Resolution_History.cfm?year=2010&sessiontype=RS&input4=17&billtype=r&houseorig=s&btype=res

• Senate Concurrent Resolution 41. Authorizing issuance of revenue bonds to provide capital improvements for state colleges and universities. Has completed legislative action. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/RS/BILLS/scr41%20org.htm

• House Concurrent Resolution 58.  Designating the annual observance of the week following Labor Day as Labor History Week.  Has completed legislative action.  Reference:  http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/rs/BILLS/hcr58%20intr.htm

• House Concurrent Resolution 102. Requesting a study of the issues relating to creating a matching grant pilot program to foster the implementation of innovative planning strategies to develop and expand communities that can maximize emerging economic opportunities and environmental challenges and thrive in the 21st Century, including “fostering academic innovation in kindergarten through twelfth-grade and lifelong learning programs.”  Has completed legislative action. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2010_SESSIONS/RS/BILLS/hcr102%20intr.htm

 

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Marketplace

COUNTY SCHOOLS SUPERINTENDENT. The Pocahontas County, WV, Board of Education is accepting applications for County Schools Superintendent. Must meet WV qualifications for county superintendent. Salary/benefits negotiable. 2 elementary schools; 1 elementary/middle school; 1 middle school; 1 comprehensive high school; stabilizing student enrollments; 110 professional  personnel; 90 school service personnel; $13 million budget; WV School Of Excellence for Vocational Program; Title I Distinguished designation. For “Notice of Position Vacancy,” Application Form and related materials, contact: Pocahontas County Schools Superintendent Search, c/o WV School Board Association, PO Box 1008, Charleston, WV 25324, or visit www.wvsba.org (preferred). Application deadline: 4:00 p.m., Wednesday, March 31, 2010. For additional information regarding Pocahontas County Schools/Marlinton, WV, visit: http://boe.poca.k12.wv.us/  www.NaturesMountainPlayground.com  or PocahontasCountyWV.com  or http://www.pccocwv.com/

 

 

 

 

 

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

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

Rick Olcott (Wood), President

Howard M. O’Cull, Ed. D., Executive Director, Editor
hocull@wvsba.org
Shirley M. Davidson, Administrative Assistant,
Production and Circulation
sdavidson@wvsba.org

Vincit omnia veritas
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