March 9 – 13, 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 9-13, 2009.

 Today is the 34th day of the regular session.  

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.

Unless otherwise specified, the bill language reviewed is that of the measure as introduced with the original sponsor or sponsors listed.

Note:  The listing is not exhaustive.  

For copies of any bill, visit the West Virginia Legislature’s Web site: http://www.legis.state.wv.us/ or contact WVSBA.

 

PUBLIC EDUCATION

County Boards

Bill would impose additional restrictions on county board members in term of political activities

Senate Bill 557. Proposed revisions to §18-5-1a would make the following changes in statute regarding county board members’ service:

A county board member would be prohibited from “(becoming) a candidate for or hold any other public office, other than to succeed him or herself on a county school board, (although) a candidate for county school board, who is not currently serving on a school board, may hold another public office while a candidate if he or she resigns from the other public office prior to taking the oath of office as a school board member.

“The term "public office” (as used in the proposed legislation) would not include service on any board, elected or appointed, profit or nonprofit, for which:

1. The person does not receive any compensation; and,
2. The primary scope is not related to public schools.
3. Be a candidate for, or serve as, an elected or appointed member of any political party executive committee;
4. Be a candidate for, or serve as, a delegate, alternate or proxy to a county, state or national political party convention;
5. Solicit or receive political contributions to support the election or retire the campaign debt of any candidate for partisan office;
6. May engage in the following political activities:
7. Make campaign contributions to partisan or bipartisan candidates;
8. Attend political fund raisers for partisan or bipartisan candidates;
9. Serve as an unpaid volunteer on a partisan campaign;
10. Politically endorse any candidate in a partisan or bipartisan election; or,
11. Attend county, state or national political party conventions.”

The bill would make some other stylistic changes in this Code section.

Sponsored by Sen. Robert H.  Plymale, D-Wayne. Introduced March 12, 2009. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb557%20intr.htm&yr=2009&sesstype=RS&i=557

Note: There is no corresponding House measure. This legislation has been introduced on behalf of the state Ethics Commission.

County board members would receive $396 per meeting attended

House Bill 3025. Proposed revisions to §18-5-4 would increase county board members compensation to $396 per meeting attended.

Members would be compensated for attending up to 50 meetings per year as per current law.

According to the Bill Note, this legislation would “raise the county board of education pay to that of the county commissioners.”

Sponsored by Del. Daniel J. Hall, D-Wyoming. Introduced March 10. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3025%20intr.htm&yr=2009&sesstype=RS&i=3025

County boards would be required to establish drug free zones at school bus stops

House Bill 3105. Proposed revisions to §18-5-13 would  require county boards to “promulgate a rule to establish locations and sites for regularly recognized school bus stops and designate these as ‘drug free zones’ which shall carry the same penalties as violations of similar drug free zones on school property.”

There are 11 House sponsors, including lead sponsor Del. Orphy Klempa, D-Ohio. Introduced March 12. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3105%20intr.htm&yr=2009&sesstype=RS&i=3105

Measure relates to reporting assaults, batteries and other incidents occurring on school property

House Bill 3109. Proposed §18-5-48 would require written reports regarding the reporting of assaults, batteries and other incidents on school property, during school hours or during school activities to the appropriate local law-enforcement officials. The bill will enable the county schools and juvenile probation officers to track and curb incidents of disruptive behavior of students.

Accordingly, report would be defined as “a written narrative report of an incident, the number and names and addresses of persons involved, and the names, addresses and phone numbers of their parents, in the incident, the type of any weapon involved and a description of any injury or damage resulting from the incident. The report shall also contain the names and addresses of all persons known to be present at the time of said incident and the action, if any, taken by the school.”

The bill has a provision stating, “it is the intention of the Legislature to require principals, teachers and other school employees of public middle, junior and senior high schools to make reports of disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to the school or school functions.”

Moreover, “principals shall file a report within (48) hours with the county superintendent and the juvenile probation authority of any incident of which they have knowledge.

”Teachers and other school employees shall immediately report to the principal any incident of which they have knowledge. The teacher and employee shall assist the principal in the preparation of the report required under (terms of the proposed legislation).

There are four House sponsors, including lead sponsor Del. John R. Frazier, D-Mercer. Introduced March 13. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3109%20intr.htm&yr=2009&sesstype=RS&i=3109

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

     

Public School Personnel

Omnibus employee bill introduced; originated from Governor’s 21st Century Jobs Cabinet deliberations 

Senate Bill 513. This legislation would codify the recommendations of the Governor’s Jobs Cabinet regarding hiring practices of teachers and other school personnel.

The rationale for the legislation will be reviewed in the March 20, 2009, issue of The Legislature.

One primary change the bill makes is to provide considerable weight to interviews and the interview process for employment of personnel.
Among other proposed revisions are suggested changes relating to revising dates for action with respect to hiring, termination, resignation or transfer of teachers and school personnel and to reduce the length of the beginning teacher internship program.

This measure has been introduced on behalf of the governor.

The Jobs Cabinet is chaired by First Lady Gayle Manchin, who serves on the state Board of Education, and Ralph Baxter, Esq., Chairman and Chief Executive Officer of Orrick, Herrington & Sutcliffe LLP, one of the world’s largest international law firms.

Sponsored by Senate President Earl Ray Tomblin, D-Logan, and Minority Leader Don Caruth, R-Mercer. Introduced March 9. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb513%20intr.htm&yr=2009&sesstype=RS&i=513

The House companion measure is House Bill 3006. The sponsors are House Speaker Rick Thompson, D-Wayne, and Ted Armstead, R-Kanawha. Introduced March 9. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3006%20intr.htm&yr=2009&sesstype=RS&i=3006

Omnibus school service personnel measure introduced

Senate Bill 579. This measure is similar to House Bill 2831 which is reviewed in the February 23, 2009, issue of The Legislature.

It would make a number of changes in school service personnel salary schedules, pay grades and seniority status, including proposed establishment of the “Bus Operator II” and “Bus Operator III” pay classifications.

Sponsored by Sens. H. Truman Chafin, D-Mingo, and  Mike  Green, D-Raleigh. Introduced March 13. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb579%20intr.htm&yr=2009&sesstype=RS&i=579

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

Service personnel could be assigned on day-to-day basis

House Bill 2984. This legislation would give county school superintendents flexibility in placing service personnel in positions of need on a day-to-day basis without these employees “counting” against Public School Support Program calculations.

There are four House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced March 9. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2984%20intr.htm&yr=2009&sesstype=RS&i=2984

Note: This legislation is similar to Senate Bill 74 which was introduced by Sen. Mike Oliverio, D-Monongalia.

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

All employees would be able to review personnel files

House Bill 3032. Proposed §21-3-22 would give all employees the right to review and copy their respective personnel files.

These are among bill provisions:

• “Every employee, whether public or private, has the right to inspect his or her personnel file, if the file exists. Inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment.
• “Each employer shall, within a reasonable time after receipt of a written request from an employee, provide the employee with a copy of all or any requested portion of his or her personnel file, provided the request reasonably identifies the materials to be copied. The employer may charge a fee of (10) cents per page for copying the file or any part of the file.
• “(Bill) provisions may not be construed to permit an employee to remove the original of his or her personnel file or any part of the file from the employer's premises or where it is made available for inspection.
• “Each employer retains the right to protect his or her files from loss, damage or alteration to ensure their integrity.
• “Each employer may require that inspection of any personnel file take place in the presence of a designated official.”
• The measure has a proviso stating, “…An employer may not be required to provide a copy of an employee's personnel file more than two times in a calendar year, unless the employee requesting the personnel file has been terminated involuntary. In that circumstance, upon written request of the employee after notice of the involuntary termination, the employer will provide another opportunity to review or request a copy of the personnel file.”

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 10. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3032%20intr.htm&yr=2009&sesstype=RS&i=3032

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

Bill would allow male teachers to use sick leave to attend prenatal care appointments with their spouses

House Bill 3085. Proposed revisions to §18A-4-10 would allow male teachers to use sick leave to attend prenatal care appointments with their spouse.

There are six House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced March 12. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3085%20intr.htm&yr=2009&sesstype=RS&i=3085

Measure defines transfer as relating to classroom teachers

House Bill 3093. Proposed revisions to §18A-2-7 would  define transfer for a classroom teacher to mean a “…substantial change in the teacher's assignment which includes, but is not limited to the following:

1. Assigning the teacher to a different school;
2. Assigning the teacher to teach one or more classes in a certification area not utilized by the teacher in his or her present assignment;
3. Assigning an elementary grade classroom teacher to teach a different grade level than his or her present assignment or to a split grade.”

Sponsored by Del. David Perry, D-Fayette. Introduced March 12. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3093%20intr.htm&yr=2009&sesstype=RS&i=3093

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

Bill would make revisions in school service personnel seniority statutes

House Bill 3146. Proposed revisions to §18A-4-8b would make some revisions in statutes regarding school service personnel seniority

1. “regularly employed service personnel “who hold a classification title within the classification category of the vacancy;
2.   Service personnel “who have held a classification title within the classification category of the vacancy whose employment has been discontinued…
3. Regularly employed service personnel who do not hold a classification title within the classification category of vacancy;
4. Service personnel who have not held a classification title within the classification category of the vacancy and whose employment has been discontinued…
5. Substitute service personnel who hold a classification title within the classification category of the vacancy;
6. Substitute service personnel who do not hold a classification title within the classification category of the vacancy; and
7.  New service personnel.”

According to the Bill Note, these revisions would clarify seniority rights for service personnel.

Additionally, the bill states aides would be assigned to “particular positions within a school… based on seniority within the aide classification category” and that custodians would be assigned to “work shifts within a school or work site…based upon seniority within the custodian classification category.”

There are six House sponsors, including lead sponsor Del. Ricky Moye, D-Raleigh. Introduced March 13. Referred to House Education.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3146%20intr.htm&yr=2009&sesstype=RS&i=3146

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

 

 

Public School Students

Measure concerns students’ voluntary expression of religious viewpoints in the public schools

Senate Bill 576. Proposed §18-5B-1 et. seq. would “(facilitate) voluntary student expression of religious viewpoints in public schools,” according to the Bill Note.

It would be known as the "Religious Viewpoints Anti-discrimination Act."

These are among bill provisions:

• County boards would be required to “treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the board treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.”
  
  
• Boards would be required to adopt a policy which must include “the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the county board of education to:
  1. Provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;
  2. Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
  3. Ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and
  4. State, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the board.
  5. The county board of education disclaimer required by (the above provision) must be provided at all graduation ceremonies. The county board of education must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the board's non-sponsorship of the student's speech.
  6. Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.”
     
     
• In terms of class assignments, students would be able to express their beliefs about religion in homework, artwork, and other “written and oral assignments free from discrimination based on the religious context of their submissions.” Homework and classroom assignments would have to be judged by “ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the county board of education. Students may not be penalized or rewarded on account of the religious content of their work.”
  
  
• Students would be permitted to organize”prayer groups, religious clubs, ‘see you at the pole’ gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other non-curricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the county board of education may not discriminate against groups that meet for prayer or other religious speech. A county board of education may disclaim school sponsorship of non-curricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.”
  
  
• The bill includes a model policy which would govern voluntary religious expression in public schools.
  
  
• The measure has a provision relating to students speaking at graduation ceremonies.
  
  

Accordingly, the bill states, “only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: Student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the county board of education may designate.

“A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.

“The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.

“In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies.

“For each speaker, the county board of education shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the board creates a limited public forum for these students to deliver the addresses.

“The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.

“The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The county board of education shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the board treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

 “A written disclaimer shall be printed in the graduation program that states, ‘The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the county board of education or the board's administration, or employees of the board, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the board refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects.”

There are several other provisions.

Sponsored by Sen. Donna J. Boley, R-Pleasants. Introduced March 13. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb576%20intr.htm&yr=2009&sesstype=RS&i=576

County boards would be required to provide information pertaining to the state Schools for the Deaf and Blind to parents or guardians of students with visual or auditory impairments

House Bill 2985. Proposed revisions to §18-20-2 would  require county boards to “provide information pertaining to the West Virginia Schools for the Deaf and Blind to the parent or guardian of a child diagnosed with a visual or auditory impairment, as the academic curriculum may be a more suitable option for the child.”

There are 11 House sponsors, including lead sponsor Del. Tim Ennis, D-Brooke. Introduced March 9. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2985%20intr.htm&yr=2009&sesstype=RS&i=2985

 

 

Public School Support Program (PSSP)

Professional Student Support Personnel would be added to the PSSP “Allowance for Public Employees Insurance Agency”

Senate Bill 566. Proposed revisions to §18-9A-24 would add professional student support personnel to the foundation allowance for the Public Employees Insurance Agency for school employees. The bill also requires the annual contribution established by the Public Employees Insurance Agency Finance Board of any proportionate share of the retirees’ subsidy be added to insurance premiums.

There are 9 Senate sponsors, including lead sponsor Sen. Plymale. Introduced March 12. Referred to Senate Pensions then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb566%20intr.htm&yr=2009&sesstype=RS&i=566

West Virginia Board of Education

Persons age 65 and older would be admitted to athletic  events without charge

House Bill 3064. Proposed revisions to §18-2-25 would allow persons age 65 or older to be admitted to athletic and other extracurricular activities of secondary schools without payment of admission fees if there is space available at a the event or activity.

There are four House sponsors, including lead sponsor Del. Allen Evans, R-Grant (by request). Introduced March 11. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3064%20intr.htm&yr=2009&sesstype=RS&i=3064

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

Bill would allow “sweets” to be served in school during holidays

House Bill 3088. The purpose of this legislation is to allow schools to “serve sweets during the holidays, including but not limited to, cakes, pies, chips, candy or other types of sweets:”

Another bill provision states that the school must “sends permission slips to the parent or guardian a week in advance and receives parental or guardian consent from one parent or guardian prior to serving the sweets. Nothing in this section shall be construed to prohibit or limit sale or distribution of any food item through fund-raising activities of students, teachers or educational groups when the items are intended for sale off the school grounds.”

Sponsored by Dels. Ralph Rodighiero, D-Logan, and Tom Louisos, D-Fayette. Introduced March 12. Referred to House Health and Human Resources then House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3088%20intr.htm&yr=2009&sesstype=RS&i=3088

Measure would establish Special Needs Scholarship Program

House Bill 3137. Proposed §18-31-1 et. seq. would create the Special Needs Scholarship Program to be administered by the West Virginia Board of Education.

These are among bill provisions:

1. “Any parent of a public school special needs student who is dissatisfied with the student's progress shall qualify for a scholarship from the state for the child to enroll in and attend a nonpublic school if:
1. The special needs student has had an Individual Education Plan (IEP)…
2. The student has been accepted for admission at a participating school; and
3. The parent has requested a scholarship from the state before the deadline established by the West Virginia Department of Education.”

The WVDE would be required to “inform the resident school district that a special needs student has requested a special needs scholarship.”

The “resident school district” would be given 3 days in which to provide the (WVDE) with a copy of the student's most current (IEP).

Once receiving the scholarship request, the WVDE would be required to “review the (IEP) drafted by the student's public school to determine the amount of the scholarship. The (WVDE then would be required) to provide the student's parent with a timely written explanation of their determination for the amount of the scholarship.

The scholarship would be “equivalent to the cost of the educational program that would have been provided for the student in the resident school district.”

The bill states that although the “scholarship amount is a function of a student's (IEP), the participating school is not required to abide by the (IEP).

“The parent and the participating school will mutually determine the best services and educational plan for the student.

Participating students would be counted in the enrollment of their resident school district. The funds needed to provide a scholarship shall be subtracted from the state school aid payable to the student's resident school district.

The Scholarship would remain in force until the student returns to a public school or graduates from high school or reaches their 21st  birthday, whichever comes first.

The measure states the student’s parent would be able to “remove the student from the participating school and place the student in another participating school or in a public school (at any time).”

 

Notification/transportation/testing.

Resident school districts would be required to notify parents annually regarding the scholarship program, offering the student’s parents “an opportunity to enroll the student in a participating school of their choice.”

Resident school districts also would be  required to provide “transportation for an eligible student to and from the participating school under the same conditions as the resident school district is required to provide transportation for other resident students to nonpublic schools as per current law. The resident school district will qualify for state transportation aid for each student so transported.

“If the parent of an eligible student participating in this program requests that the student take the statewide assessments, the resident school district shall provide locations and times for the student to take all statewide assessments if they are not offered at the student's participating school.”

 

WVDE responsibilities.

In order to implement the legislation, the state Department of Education would be required to adopt rules and procedures relating to scholarship eligibility, participation by non-public schools, transportation, scholarship funds distribution, etc.

The WVDE could “bar a school from participation in the program if the department establishes that the participating school has:

1. Intentionally and substantially misrepresented information required under section six of this article; or
2. Failed to refund to the state any scholarship overpayments in a timely manner.”

If the WVDE  “decides to bar a participating school from the program, it shall notify eligible students and their parents of this decision as quickly as possible.”

Participating Schools.

These are among requirements for participating non-public schools:

1. “Administrative Accountability. -- To ensure that students are treated fairly and kept safe, all participating schools shall:
1. Comply with all health and safety laws or codes that apply to nonpublic schools;
2. Hold a valid occupancy permit if required by their municipality;
3. Certify that they will not discriminate in admissions on the basis of race, color, national origin, or religion; and
4. Comply with all state laws that apply to nonpublic schools regarding criminal background checks for employees and exclude from employment any people not permitted by state law to work in a nonpublic school.
2. Financial Accountability. -- To ensure that public funds are spent appropriately, all participating schools shall demonstrate their financial accountability by:
1. Submitting a financial information report for the school that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant; and
2. Having the Office of the State Auditor certify the report is free of material misstatements. The Auditor's report shall be limited in scope to those records that are necessary for the department to make payments to schools for scholarships.”

NOTE: In order to participate in the program, non-public schools “must operate in this state” and be required to “demonstrate their financial viability by showing they can pay any funds owed the state, if they are to receive $50,000 or more during the school year” by filing a surety bond and financial information that “demonstrates the school has the ability to pay an aggregate amount equal to the amount of the Special Needs Scholarships expected to be paid during the school year to students admitted to the participating school.”

3. Academic Accountability. -- To ensure that schools provide academic accountability to parents of the students in the program, all participating schools would have to regularly report to the parent on the student's progress.
4. Participating School Autonomy. -- A participating school would be autonomous and not an agent of the state or federal government. Thus:
1. The  (WVDE)  or any other state agency may not in any way regulate the educational program of a participating school that accepts a special needs scholarship;
2. The creation of the special needs scholarship program does not expand the regulatory authority of the state, its officers or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements of the program; and
3. Participating schools shall be given the maximum freedom to provide for the educational needs of their students without governmental control.”

The bill has several other provisions relating to responsibilities regarding parental responsibilities in regard to the Scholarship, Scholarship evaluation, including various required research components in regard to program effectiveness, and reportage which the Legislature may require.

Sponsored by Del. Jonathan Miller, R-Berkeley. Introduced March 13. 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=hb3137%20intr.htm&yr=2009&sesstype=RS&i=3137

 

West Virginia Higher Education Policy Commission (HEPC)

Bill relates to reorganization and consolidation of Community and Technical Colleges

Senate Bill 536. Proposed §18B-3F-1 et. seq. would authorize the reorganization and consolidation of community and technical colleges. The bill establishes the powers and duties of the West Virginia Council for Community and Technical College Education.

Additionally, the measure requires development of a strategic reorganization plan, establishes an administrative planning committee, identifies the appointment of an institutional president and other officers.

Finally, the bill identifies transfer of assets and liabilities, operating budgets, orders, policies, and procedures and establishes employee benefits and notification requirements of employees of retention or termination.

There are five Senate sponsors, including lead sponsor Sen. Brooks McCabe, D-Kanawha. Introduced March 11. Referred to Senate Education then Senate Finance.

There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb536%20intr.htm&yr=2009&sesstype=RS&i=536

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

Professional educators’ academic speech would be protected

House Bill 3031. Proposed §18A-5-9 would prohibit any professional  educator employed by a West Virginia public higher education institution to be “disciplined, denied employment or denied tenure based upon the content of his or her speech, research or writing related to his or her academic employment.”

There is a proviso which states, “…actions that constitute a crime or otherwise prohibited by law. This section does not limit an institution's rights to set and enforce standards for academic scholarship, research methods and practices.”

There are 9 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 10. Referred to House Education then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3031%20intr.htm&yr=2009&sesstype=RS&i=3031

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

Childbirth leave would be provided to higher education personnel

House Bill 3138. Proposed §18B-7-12a would provide paid childbirth leave for higher education personnel.

Under terms of the legislation, state higher education governing boards would be required to submit plans  to the Higher Education Policy Commission and the Legislative Oversight Commission on Education Accountability (LOCEA) “detailing how paid childbirth leave of at least six weeks would be made available to nine-month faculty employees.”

Plans would have to be submitted by no later than October.

Before submitting their plans, HEPC governing boards would be required to “consult with affected faculty members of both genders before submitting their plans. The plans should also specify how leaves would be funded and include proposed rules for using paid childbirth leave.”

Submitted plans must “identify which types of employees to which the plans would apply, with the goal of providing broad coverage.”

“Any particular groups of employees who are being excluded should be identified and an explanation for their exclusion must be included. The plans may discuss challenges and suggested short-term or long-term methods of resolving the challenges.”

Additional bill provisions that if “any institution of higher education has a paid childbirth leave policy, the term of that childbirth leave policy must be submitted, together with information identifying which groups, if any, are excluded from the policy and the reasons for exclusion. If the institution of higher education has identified any challenges to providing broad coverage, suggested short-term and long-term methods for resolving any challenges to providing broad coverage may also be submitted.”

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 13. 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=hb3138%20intr.htm&yr=2009&sesstype=RS&i=3138

 

 

West Virginia Public Employees Insurance Agency (PEIA)

Participating employers would be required to provide documentation to Agency

House Bill 3020. Proposed revisions to §5-16-12a would require that employers participating in the Public Employees Insurance Agency plans, provide, upon request, all reasonable documentation to the Director of the Public Employees Insurance Agency.

There are four House sponsors, including lead sponsor Del. Harry Keith White, D-Mingo. Introduced March 10. Referred to House Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3020%20intr.htm&yr=2009&sesstype=RS&i=3020

Note: This legislation is the same as Senate Bill 481 which is reviewed in the March 9 issue of The Legislature. The reference is:

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb481%20intr.htm&yr=2009&sesstype=RS&i=481

Bill relates to terms of PEIA participation for dependent children and employees hired after July 1, 2009

House Bill 3043.  This measure would clarify that dependents must live with the employee and by prohibiting 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.

There are four House sponsors, including lead sponsor Del. White. Introduced March 10. Referred to House Banking and Insurance then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2009&sessiontype=RS

Note:  This measure is the same as Senate Bill 492 which is reviewed in the March 9 issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb492%20intr.htm&yr=2009&sesstype=RS&i=492

PEIA could enter into “capitated provider arrangements”

House Bill 3047.  This bill would allow clarify that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3047%20intr.htm&yr=2009&sesstype=RS&i=3047

Note:  This measure is the same as Senate Bill 450 which is reviewed in the March 9 issue of The Legislature.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb450%20intr.htm&yr=2009&sesstype=RS&i=450

Employers would be charged additional fees for PEIA paper transactions

House Bill 3048.   The purpose of this legislation is to permit PEIA to promulgate a rule to charge fees to employers who conduct  business with the agency via paper transactions.

There are four House sponsors, including lead sponsor Del. White. Introduced March 10. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3048%20intr.htm&yr=2009&sesstype=RS&i=3048

Note:  This measure is the same as Senate Bill 464 which is reviewed in the March 9 issue of The Legislature.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb464%20intr.htm&yr=2009&sesstype=RS&i=464

Measure would credit PEIA co-pays to 20 percent aggregate PEIA employee premium payments

House Bill 3103.  Under terms of this legislation, increases in co-pays, coinsurance, and deductibles and out of pocket maximums adopted by the PEIA Finance Board would be credited to the 20  percent aggregate employee premium payment for insurance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3103%20intr.htm&yr=2009&sesstype=RS&i=3103

Note: This measure is the same as Senate Bill 475 which is reviewed in the March 9 issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb475%20intr.htm&yr=2009&sesstype=RS&i=475

Bill relates to non-state employer underwriting

House Bill 3015.  This bill 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 four House sponsors, including lead sponsor Del. White. Introduced March 10. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3015%20intr.htm&yr=2009&sesstype=RS&i=3015

Note: This measure is the same as Senate Bill 452 which is reviewed in the March 9 issue of The Legislature.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb452%20intr.htm&yr=2009&sesstype=RS&i=452

 

West Virginia Teachers Retirement System (TRS)

Measure relates to TRS members who teach college-level courses

Senate Bill 550.  The purpose of this legislation is to establish by statute  that retired teachers who teach college level courses on a noncontract basis may not be limited to fewer hours of employment than 18 credit hours per semester.

Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced March 11. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb550%20intr.htm&yr=2009&sesstype=RS&i=550

Proposed legislation relates to the Teachers Retirement System loan application deadline for service credit conversion

Senate Bill 569. This proposed legislation would extend the time that completed applications for loans to pay all or part of the actuarial reserve required for conversion of assets from the Defined Contribution Retirement System to the State Teachers Retirement System until June 30, 2009.

Additionally, the bill would permit applicants to delay payment until the loan application is processed and approved by the board
Sponsored by Sen. Dan Foster, D-Kanawha. Introduced March 12. Referred to Senate Pensions then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb569%20intr.htm&yr=2009&sesstype=RS&i=569

Some annuitants would receive bonus

Senate Bill 584. This proposal would provide one-time bonus payments of $600 to TRS retirees or beneficiaries of retirees who have at least 20 years of credited service and receive annuities of no more than $7,500 annually.

The legislation also applies to the Public Employees Retirement System.

Sponsored by Sen. Foster. Introduced March 13. Referred to Senate Pensions then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb584%20intr.htm&yr=2009&sesstype=RS&i=584

Also refer to House Bill 3119. That measure would provide one-time supplements to all annuitants of the Public Employees' Retirement and Teachers' Retirement Systems at the time they reach age 70.

This legislation also applies to the Public Employees Retirement System.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3119%20intr.htm&yr=2009&sesstype=RS&i=3119

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

Some TRS beneficiaries would receive an annuity if an eligible spouse has not redeemed accumulated contributions

House Bill 3092.  This proposed legislation would make a section of law regarding TRS withdrawal and death benefits retroactive to all members who died on or after July 1, 2002 and whose eligible spouse has not redeemed the accumulated contributions.

There are eight House sponsors, including lead sponsor Del. Brent Boggs, D-Braxton. Introduced March 12. 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=hb3092%20intr.htm&yr=2009&sesstype=RS&i=3092

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

 

West Virginia Workers Compensation

Bill would make revisions in existing laws in regard to conversion to privatized system

Senate Bill 537. This 31-page bill  would make changes in several Workers Compensation-related statutes in order to accommodate the recent transition to a private WC market.

Sponsored by Sen. Joe Minard, D-Harrison. Introduced March 11. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb537%20intr.htm&yr=2009&sesstype=RS&i=537

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

WC Board of Managers would be required to conduct annual review of available medical technologies

House Bill 3098. The purpose of this legislation is to require the Workers' Compensation Board of Managers to conduct a yearly review of available medical technologies, procedures and services, revising payment rates, and providing for payment of travel expenses of claimants.

 Sponsored by Del. Nancy Guthrie, D-Kanawha. Introduced March 12. 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=hb3098%20intr.htm&yr=2009&sesstype=RS&i=3098

Cardiac arrest would be compensable injury under West Virginia Workers’ Compensation statutes

House Bill 3143. The purpose of this legislation is to render cardiac arrest as a compensable injury pursuant to West Virginia Workers' Compensation laws.

There are 11 House sponsors, including lead sponsor Del. Hall. Introduced March 13. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3143%20intr.htm&yr=2009&sesstype=RS&i=3143

 

West Virginia Public Employees Retirement System (PERS)

Measure relates to transfer from Higher Education Retirement Plan to the Public Employees Retirement System (PERS)

Senate Bill 512. Proposed  §18-2-25 would  permit any former state higher education employees who become members of the Public Employees Retirement System (PERS) to transfer credit in their Higher Education Retirement Plan to PERS. The bill has definitions; provisions for conversion of assets; service credit in the Public Employees Retirement System following transfer, vesting and minimum guarantees.

Sponsored by Sen. Richard Browning, D-Wyoming. Introduced March 9. Referred to Senate Pensions then Senate Finance.

There is a Fiscal Note request.
Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb512%20intr.htm&yr=2009&sesstype=RS&i=512

Bill would permit municipalities with less than 25 employees to become PERS and PEIA members

House Bill 3145. The purpose of this legislation is to permit municipalities with less than twenty-five employees the right to buy into becoming employees pursuant to the West Virginia Public Employees Retirement Act and the Public Employees Insurance Act.

There are eight House sponsors, including lead sponsor Del. Hall. Introduced March 13. Referred to House Pension and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3145%20intr.htm&yr=2009&sesstype=RS&i=3145

 

PUBLIC EDUCATION-RELATED

Child Welfare

Bill would allow appointment of special prosecutors in matters regarding juvenile delinquency

Senate Bill 577. The purpose of this legislation is to allow the appointment of special prosecutors in matters of juvenile delinquency and  child abuse and neglect.

There are other provisions relating to repeal of outdated sections of Code and sunsetting regarding the state Prosecuting Attorneys Institute.

There are four House sponsors, including lead sponsor Sen. Ed Bowman, D-Hancock. Introduced March 13. Referred to Senate Judiciary then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb577%20intr.htm&yr=2009&sesstype=RS&i=577

The House companion measure is House Bill 3120. There are six House sponsors, including lead sponsor Del. Jim Morgan, D-Cabell. Introduced March 13. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3120%20intr.htm&yr=2009&sesstype=RS&i=3120

Youths 16-years-old could give blood donations with parental consent

Senate Bill 581. Proposed §16-21-1 would permit blood donations by persons age 16 with parental consent.

There are five House sponsors, including lead sponsor Sen. William R. Laird IV, D-Fayette. Introduced March 13. Referred to Senate Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb581%20intr.htm&yr=2009&sesstype=RS&i=581

The House companion measure is House Bill 3083. There are 11 House sponsors, including lead sponsor Del. Andes. Introduced March 12. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3083%20intr.htm&yr=2009&sesstype=RS&i=3083

Bill relates to failure to return a minor child for visitation

House Bill 2989. This legislation would establish a misdemeanor and 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.

There are 10 House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln. Introduced March 9. Referred to House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2989%20intr.htm&yr=2009&sesstype=RS&i=2989

Note: This legislation is the same as Senate Bill 395 which is reviewed in the March 2, 2009, issue of The Legislature.

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

 

Children’s Immunization exemptions would be permitted based on religious belief

House Bill 3069.  Proposed revisions to §16-3-4 would establish medical and nonmedical exemptions from mandatory immunizations for school children.

It would require parental or guardian affidavit of conscientious or religious belief.

Parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations.

The proposed legislation also would provide rule-making authority to the Commissioner of the Bureau for Public Health.

Additionally, the measure would assert that the Legislature has the sole authority to add or delete required vaccinations or exemptions for school attendance.

There are other provisions.

There are eight House sponsors, including lead sponsor Del. Eldridge. Introduced March 11. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3069%20intr.htm&yr=2009&sesstype=RS&i=3069

This measure is similar to Senate Bill 1 which is reviewed in the February 16, 2009, issue of The Legislature.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb1%20intr.htm&yr=2009&sesstype=RS&i=1

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

 

Crimes

Measure would enact West Virginia Drug Offender Accountability and Treatment Act

Senate Bill 516. According to the Bill Note, this extensive proposal was recommended for introduction and passage by the Joint Standing Committee on the Judiciary. The concepts for this model act were devised by the National Association of Drug Court Professionals (NADCP) Board of Directors' Drug Policy Committee. The model act is the product of a series of three focus groups of drug court professionals, state legislators, and academic professors convened by the National Drug Court Institute (NDCI), a division of the NADCP.

The model act establishes a structural framework to ensure that Constitutional rights are protected and that each court follows similar sentencing and operational guidelines.

According to the Bill Note, the primary objective this model legislation is to address the challenges created by the serious problem of addiction in our judicial system.

There are seven Senate sponsors, including lead sponsor Sen. Foster. Introduced March 9. Referred to Senate Judiciary then Senate Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb516%20intr.htm&yr=2009&sesstype=RS&i=516
    
The legislation is the same as House Bill 2684.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2684%20intr.htm&yr=2009&sesstype=RS&i=2684

Registered sex offenders would be required to pay a fee which would be deposited into the State Police Retirement Fund

Senate Bill 554. The purpose of this legislation is to require registered sex offenders to pay a $25 fee upon registration or change of registration which will be deposited in the West Virginia State Police Retirement System.

Sponsored by Sen. Jeffrey Kessler, D-Marshall. Introduced March 12. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb554%20%20intr.htm&yr=2009&sesstype=RS&i=554

Also refer to House Bill 3102, the companion measure. There are 11 House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced March 12. Referred to House Pensions and Retirement then House Finance.

The House measure has a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3102%20intr.htm&yr=2009&sesstype=RS&i=3102

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

Magistrate courts would have jurisdiction involving civil actions of $10,000 or more; currently $5,000

House Bill 2990. This bill would increase the dollar amount in controversy for magistrate courts to have jurisdiction involving civil actions from $5,000 to $10,000.

Sponsored by Del. Larry W. Barker, D-Boone. Introduced March 9. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2990%20intr.htm&yr=2009&sesstype=RS&i=2990

Measure relates to delivery of controlled substances on or in educational facilities or schools

House Bill 2992. Proposed revisions to §60A-1-101 and proposed §60A-4-403b would make it “unlawful for any person to deliver any drug to any person…in, on or within (1,000)feet of the real property comprising a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state.

“ Any person who violates this subsection is guilty of a felony and, upon conviction, may be imprisoned in a state correctional facility for not less than one year or more than five years, or fined not more than $5,000, or both.”

(This article of the Code provides some exceptions.)

Sponsored by Dels. Barker and Eldridge. Introduced March 9. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2992%20intr.htm&yr=2009&sesstype=RS&i=2992

Third offense for sending obscene, anonymous, harassing and threatening communications by electronic means would become a felony

House Bill 3019. Under terms of this legislation, conviction of a third or subsequent offense under this section relating to obscene, anonymous, harassing or threatening electronic communications would become a felon.

Those convicted of such would face a two-year jail sentence and $5,000 fine, or both.

Sponsored by Del. Hall. Introduced March 10. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3019%20intr.htm&yr=2009&sesstype=RS&i=3019

Also refer to House Bill 3127. That proposed legislation has been designed to protect computer users from computer spyware.

Sponsored by Del. Richard J. Iaquinta, D-Harrison. Introduced March 13. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3127%20intr.htm&yr=2009&sesstype=RS&i=3127

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

 

Governmental Entities

Governor would be authorized to institute employee furlough program

Senate Bill 519. Proposed §5-1-29 would authorize the Governor to institute an employee furlough program.
These are among bill provisions:

1. “ In any fiscal year in which the General Funds appropriated for a state agency are less than the General Funds appropriated for that agency in the prior fiscal year, or whenever the Legislature or Governor implements a budget reduction, the Governor may institute employee furlough programs in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of work.
2. “The furlough must include all classified and unclassified employees in the designated agency or department.
3. “However, a furlough program may also be implemented based upon pay grade or pay rate. If the furlough includes an entire agency, the furlough must include the agency head. “
4. “Scheduling of furlough days, or portions of days, is at the discretion of the agency head, but under no circumstances should the agency close completely.
5. Employees who provide direct medical patient care and front-line employees of the Department of Military Affairs and Public Safety are exempted from a mandatory furlough. Constitutional officers are exempt from mandatory furlough.
6. During a furlough as provided in (the legislation), affected employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.

“As to those benefits that require employer and employee contributions, including but not limited to, contributions to any state public employees' retirement system or optional retirement program, the state agencies, institutions and departments are responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.


7. Placement of an employee on furlough under this provision does not constitute a grievance or appeal to the West Virginia Public Employees Grievance Board.
8. In the event the reduction for the state agency, institution or department is due solely to the transfer or termination of a program, this section does not apply. The implementation of a furlough program authorized by this section shall be on an agency-by-agency basis. Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. In the event that an agency, upon approval of the Governor, implements both a voluntary furlough program and a mandatory furlough program during the fiscal year, furlough days taken voluntarily shall count toward furlough days required by the mandatory furlough.’

Other bill sections relate to promulgation of rules for implementing the legislation.

Sponsored by Sen. Walt Helmick, D-Pocahontas, and Brooks McCabe, D-Kanawha. Introduced March 9. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb519%20%20intr.htm&yr=2009&sesstype=RS&i=519

Measure would allow Ethics Commission to initiate removal proceedings against locally elected or appointed officials having violated provisions of the Ethics Act

Senate Bill 527. The purpose of this legislation is to authorize the Ethics Commission to file a petition in circuit court for the removal of elected or appointed local public official, including public officials in a political subdivision thereof, when the local governing body or prosecutor declines to act upon the recommendation of the Commission that a petition for removal be filed against a public official who was found to have violated the  Ethics Act.

The bill also authorizes the Ethics Commission, upon initiation of a complaint, to initiate an action in circuit court for injunctive relief if it has reasonable grounds to believe that a local public official, including a public official of a political subdivision thereof, is unlawfully using public funds and irreparable harm would result if not enjoined.

There are three Senate sponsors, including lead sponsor Sen. Kessler. Introduced March 10. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb527%20intr.htm&yr=2009&sesstype=RS&i=527

The House companion bill is House Bill 3038. There are 10 House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced March 10. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3038%20intr.htm&yr=2009&sesstype=RS&i=3038

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

Chief Technology Officer would have access to agency’s databases which may contain confidential information

Senate Bill 534. Under terms of this legislation, the state’s Chief Technology Officer would be authorized to receive confidential records and have access to an agencies' database which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law.

Sponsored by Sens. Bowman and Herb Snyder, D-Jefferson. Introduced March 10. Referred to Senate Government Organization then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb534%20intr.htm&yr=2009&sesstype=RS&i=534

The measure is the same as House Bill 3049.

That measure is sponsored by Dels.  Sam J. Argento, D-Nicholas, and Dale Martin, D-Putnam. Introduced March 10. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3049%20intr.htm&yr=2009&sesstype=RS&i=3049

It is similar to House Bill 2649 which is reviewed in the issue of The Legislature.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2649%20intr.htm&yr=2009&sesstype=RS&i=2649

Measure relates to calculating state prevailing wage rate on federally-funded construction projects

Senate Bill 578. Proposed revisions to §21-5A-5 would calculate the West Virginia prevailing wage on federally-funded construction projects on a basis identical to the methodology used in the federal Davis-Bacon Act.

It would exempt federally-funded projects that are less than $250,000 from the State of West Virginia prevailing wage.

Sponsored by Sen. Clark Barnes, R-Randolph. Introduced March 13. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb578%20intr.htm&yr=2009&sesstype=RS&i=578

Also refer to House Bill 3009. That measure would change the definition of "construction" to only include projects whose total costs are more than $200,000 in the prevailing wage law.

Sponsored by Del. Daryl Cowles, R-Morgan. Introduced March 10. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Government Organization

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3009%20intr.htm&yr=2009&sesstype=RS&i=3009

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

Secretary of Administration would be required to promulgate rules for travel reimbursement equal to IRS mileage standards

Senate Bill 582. Proposed §5A-3-48 would require the Secretary of Administration to promulgate rules for travel reimbursement equal to the Internal Revenue Service optional standard mileage rate used to calculate the deductible costs of operating an automobile for business purposes.

There are three Senate sponsors, including lead sponsor Sen. Corey Palumbo, D-Kanawha. Introduced March 13. Referred to Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb582%20intr.htm&yr=2009&sesstype=RS&i=582

English would be official state language

House Bill 3014. Proposed §2-2A-1, -2, -3 would require all government documents to be printed in English. It provides definitions and permitting a civil action to enforce the provisions of the article and recovery of costs.

Sponsored by Dels. Argento and Martin. Introduced March 10. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3014%20intr.htm&yr=2009&sesstype=RS&i=3014

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

Bill relates to fire alarms

House Bill 3071. According to the Bill Note, this proposed legislation would require  all fire alarm systems, including all components, shall be electronically supervised.

 However, existing lodging and rooming houses as defined by the State Fire Code, shall be permitted to use low-power wireless supervision in accordance with Standard 6.16 of the National Fire Protection Association's National Fire Code published by the National Fire Protection Association, and permitted by successive provisions within The National Fire Codes.

There are five House sponsors, including lead sponsor Del. Fleischauer. Introduced March 11. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3071%20intr.htm&yr=2009&sesstype=RS&i=3071

Holiday for WWII veterans would be established

House Bill 3089. Proposed revisions to §2-2-1 would designate December 7 of each year as "West Virginia Patriots of World War II Day" and to make it a state holiday.

There are seven House sponsors, including lead sponsor Del. Iaquinta. Introduced March 12. Referred to House Veterans Affairs and Homeland Security then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3089%20intr.htm&yr=2009&sesstype=RS&i=3089
 

Legislature would have to wait 72 hours to vote on completed budget bill

House Bill 3090. Proposed §4-1-24 would require a budget bill to be made publicly available for seventy-two hours prior to voting on final passage. The bill also requires any amendments be made publicly available twenty-four hours prior to any vote

There are three House sponsors, including lead sponsor Del. J. Miller. Introduced March 12. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3090%20intr.htm&yr=2009&sesstype=RS&i=3090

Measure would create searchable online budget database

House Bill 3091. Designated as the “Budget and Spending Transparency Act,” this legislation would create a searchable online database containing past and recent budget and expenditure information.

The database would have the following content:

1. “The name and principal location or residence of the entity or recipients of funds;
2. The name of the person or entity requesting the funds;
3. The amount of funds expended;
4. The funding or expending agency;
5. The funding source of the revenue expended;
6. The budget program or activity of the expenditure;
7. A descriptive purpose for the funding action or expenditure;
8. The expected performance outcome for the funding action or expenditure;
9. The past performance outcomes achieved for the funding action or expenditure;
10. Any state audit or report relating to the entity or recipient of funds or the budget program or agency; and
11. Any other relevant information specified by the Legislature.
12. The searchable budget database web site shall be updated for each fiscal year no later than(30) days following the end of the fiscal year.

“ In addition, the Auditors shall update the searchable budget database web site as new data becomes available. “ All state agencies shall provide to the Auditors all data that is required to be included in the searchable budget database website no later than thirty days after the data becomes available to the agency.

“The Auditors shall provide guidance to agency heads to ensure compliance with this.

Note “Auditors” would be defined as the State Auditor and Legislative Auditor “working in concert.”

There are several other provisions.

There are 11 House sponsors, including lead sponsor Del. J. Miller. Introduced March 12. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3091%20intr.htm&yr=2009&sesstype=RS&i=3091

Bill would allow for donation of surplus personal computers

House Bill 3123. Proposed §5A-6-9 would establish a means for donation and transfer of personal computers and other information systems to the state Department of Education when these commodities are being disposed of by state agency spending units.

According to the bill legislative findings, “The Legislature finds that some of the personal computers and other information systems, technology and equipment now owned or in the future acquired by the state, when they become obsolete or unusable or are not being used or should be replaced for the purposes of the respective state agency spending unit, may be usable by public school students.

“The Legislature further finds that personal computers and other information systems, technology and equipment are vital tools for providing a quality education and that the Legislature has appropriated and continues to appropriate substantial funds for the purchase of personal computers and other information systems, technology and equipment for the public schools.

“Therefore, the Legislature finds that when these commodities are being disposed of by state agency spending units and may be usable by public school students, the most advantageous disposition for the disposal of these commodities is the donation and transfer of them to the State Department of Education.”

The bill requires the WVDE to make rules relating to the donation, including a definition of “low income student.”  

Sponsored by Dels. Mary Poling, D-Barbour, and Brady Paxton, D-Putnam. Introduced March 13. 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=hb3123%20intr.htm&yr=2009&sesstype=RS&i=3123

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

Measure relates to “Green Building Standards”

House Bill 3131. One of several bills on this topic, House Bill 3131 requires adoption of green building standards for the construction or renovation of public buildings over 5,000 square feet.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 13. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3131%20intr.htm&yr=2009&sesstype=RS&i=3131

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

Police and fire departments would receive meet-and-confer rights

House Bill 3133.  Introduced in several past sessions, this legislation would provide meeting and conference rights for policemen and firemen employed by political subdivisions.

It would include compulsory arbitration for disputes.

There are numerous provisions.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 13. Referred to House Government Organization then House Judiciary.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3133%20intr.htm&yr=2009&sesstype=RS&i=3133

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

 

 

Taxation

Bill would provide tax credit for home or private schooling

House Bill 3026. Proposed §11-21-24a would provide a two-tiered personal income tax credit to parents or legal guardians who provide home or private, primary or secondary education for their children.

The tax credit will be effective upon the completion of a school year and available at a rate per child of $1000 for home schooling and $2,000 for private schooling.

There are 11 House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced March 10. 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=hb3026%20intr.htm&yr=2009&sesstype=RS&i=3026

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

Measure would decrease personal income tax for taxpayers who have been Reduced In Force

House Bill 3136. Proposed §11-21-12 would provide a modification to taxable income of up to a $10,000 for payment to a taxpayer from an employer as a result of a Reduction In Force for the taxable year 2009 only.

There are 11 House sponsors, including lead sponsor Del. Bonnie Brown, D-Kanawha. Introduced March 13. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3136%20intr.htm&yr=2009&sesstype=RS&i=3136

Rate of property tax increases on land used for farming purposes would be tied to Consumer Price Index rate

House Bill 2998. Proposed §11-1-C-9 would  add language to limit the rate of increase in assessed values of tracts of real property used for residential and farm purposes. The rate could not exceed the annual change in the Consumer Price Index.  This legislation would apply only if the property has not been sold or transferred.

There are 11 House sponsors, including lead sponsor Del. Lynwood “Woodie” Ireland, R-Ritchie. Introduced March 9. Referred to House Judiciary then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2998%20intr.htm&yr=2009&sesstype=RS&i=2998

 

Tobacco

Measure relates to cigarette fire safety standards

Same as Senate Bill 456, which is reviewed in the March 9, 2009, issue of The Legislature, this measure 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 requires compliance certification by manufacturers and certain packaging markings.

The bill authorizes the State Fire Marshall, law-enforcement agencies and their authorized representatives to enforce its requirements.
The bill establishes penalties and creates a special fund for those penalties.

The bill additionally provides the State Fire Marshall with rule-making authority.

Moreover, the bill authorizes the sale of existing inventory and permits the sale of noncompliant cigarettes to other states and foreign countries.

The bill also preempts any local regulations, provides that the bill itself may be repealed if federal standards are adopted and establishes effective dates.

There are three House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced March 11. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3078%20intr.htm&yr=2009&sesstype=RS&i=3078

The reference for Senate Bill 456 is
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb456%20intr.htm&yr=2009&sesstype=RS&i=456

 

 

Briefly...

 

Senate Bill 511 would require competitive bidding for selection of professional engineering and design firms for projects funded by the Division of Highways that are not funded by federal funds and to require competitive bidding for selection of professional engineering firms for projects funded by the Water Development Authority that are not funded by federal funds…Senate Bill 531 would amend the Professional Surveyor’s Act…Senate Bill 538 would authorize a refundable tax credit based on federal poverty guidelines…Senate Bill 549 would establish a develop a matching grant program to foster the development of creative communities in West Virginia. The House companion measure is House Bill 3129…Senate Bill 551 would establish a means of registering athletic trainers with the Secretary of State’s Office…Senate Bill 552 would require the state Insurance Commissioner to invite carriers and other entities to submit proposals for affordable health insurance plans. The House companion is House Bill 3077. Also refer to House Bill 3008…Senate Bill 575 relates to gaming at the Greenbrier Hotel. The companion measure is House Bill 3084…Senate Bill 587 would abolish the state Personnel Advisory Council…

House Bill 2986 would allow a tax up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality for the sole purpose of using the revenue to demolish condemned buildings…House Bill 2993 would prohibit legislators from fund-raising during any legislative session…House Bill 2994 would eliminate the 1.25 percent severance tax on timber for 5 years beginning July 1, 2009…Senate Bill 505 would add a Business and Occupation Tax on businesses that transmit electricity through electric transmission lines. House Bill 3000 is the companion measure…House Bill 3007 would implement random drug-testing for all federal-state assistance, state assistance and Unemployment Compensation…House Bill 3013 would prohibit a chief deputy sheriff from engaging in political activities…House Bill 3036 would reduce the public notice requirement for a petition of expungement to minimize the public record of the petitioner's convictions….House Bill 3050 would require disclosure by judicial officers of campaign contributions exceeding $250…House Bill 3074 would allow the Secretary of State to notify people with delinquent taxes by certified mail…House Bill 3087 would make it a criminal offense to disturb the peace in residential neighborhoods…House Bill 3130 would increase the barrel tax on beer, dedicating the resulting revenues to the prevention, early intervention, treatment and recovery of substance abuse…House Bill 3134 would the Secretary of State to select 5 municipalities for a pilot “vote by mail program”…House Bill 3113 would allow for the creation of arts, entertainment and enterprise districts within municipalities or political subdivisions. The measure provides for the application process to be followed by the political subdivisions, as determined the Secretary of Commerce. The bill further provides that the Secretary of Commerce may designate arts, entertainment and enterprise districts from among the applicants. Lastly, the measure would provide  tax breaks for qualifying artists, property tax credits, and exemptions from the admissions or amusement tax…House Bill 3121 would increase the salaries of Public Service District board members. The most one could receive would be $6,400 per annum…House Bill 3149 would reduce their terms from six years to three years…House Bill 3142 would prohibit counties from using service fees or user fees to finance infrastructure projects…

 

 

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

Vincit omnia veritas
“Truth conquers all”