WVSBA The Legislature

March 23, 2009 - Volume 29 / Issue 12

Overview Info

Inside

March 16 – 20, 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 16-20, 2009.
 Today is the 41st day of the regular session – the last day to introduce bills in the Senate and House of Delegates.
(Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.)

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

A total 63 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

 

PUBLIC EDUCATION


County boards would be required to establish and abide by strict transportation schedules


House Bill 3150. Proposed §18-5-48 would require county boards to set and maintain reliable bussing schedules for bussing students .
Under terms of the proposed legislation, county boards, beginning next school year, would be required to “provide   transportation to and from school for each school child in the county that needs or desires transportation.”

In the 2010-2011 school year, “each county board of education shall establish, maintain and adhere to schedules for the transportation of students to and from school. Those schedules shall set forth the times for picking up and dropping off students. In no event may a board create a new bus route in which the times allotted between initial pick up and final drop off of any student exceed the following times:

  1. For middle school students, (45) minutes; and
  2. For high school students, (60) minutes.”

There are 11 House sponsors, including lead sponsor Del. Barbara Fleischauer, D-Monongalia. Introduced March 16. 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=hb3150%20intr.htm&yr=2009&sesstype=RS&i=3150


County boards could enter into lease-purchase agreements


House Bill 3157. Proposed §18-5-9c proposed revisions to §18-9D-3 and §18-9D-15 would allow county boards to enter into lease-purchase agreements. The measure also would permit  the School Building Authority of West Virginia to provide one-time grants to a county board of education for that purpose.

In cases of state takeovers, the SBA would be permitted, “in the sole discretion of the Authority,” to “assume responsibility for the lease purchase contract.”

There are other provisions.

Sponsored by Dels. Larry A. Williams and Stan Shaver, both D-Preston. Introduced March 16. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3157%20intr.htm&yr=2009&sesstype=RS&i=3157

Similar to Senate Bill 274. The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb274%20intr.htm&yr=2009&sesstype=RS&i=274

 

Measure relates to student/nurse ratio, requiring one nurse per 750 students; currently one nurse per 1,500 students


House Bill 3167. Proposed revisions to §18-5-22 would decrease, from 1,500 to 750, the student to nurse staffing ratio and to expand coverage to all school grades. The bill also eliminates a county's ability to contract out nursing services.

There are eight House sponsors, including lead sponsor Del.  David Perry, D-Fayette. Introduced March 17. 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=hb3167%20intr.htm&yr=2009&sesstype=RS&i=3167

The measure is the same as Senate Bill 333. The reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb333%20intr.htm&yr=2009&sesstype=RS&i=333

Additionally, the measure is similar to Senate Bill 18. The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb18%20intr.htm&yr=2009&sesstype=RS&i=18

County board member training hours received would be included on local report cards


House Bill 3208. Proposed revisions to §18-2E-4, §18-4-1, -2, -4, and §18-5-1a would:

There are five House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced March 18. Referred to House Education then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3208%20intr.htm&yr=2009&sesstype=RS&i=3208


Bill would eliminate beginning and ending dates for school term and increase instructional days from 180 to 182


House Bill 3215. Proposed revisions to §18-5-45 would eliminate the start date and the end date of the instructional term for public schools.
The measure also would increase the number of instructional days from 180 to 182.

Sponsored by Dels. Mitch Carmichael, R-Jackson, and House Minority Leader Tim Armstead, R-Kanawha. Introduced March 18. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3215%20intr.htm&yr=2009&sesstype=RS&i=3215

Also refer to House Bill 3217. That measure would decrease a teacher's professional development days from 6 days per year to 3 days per year as per the school calendar. Sponsored by Del. Carmichael. Introduced March 18. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3217%20intr.htm&yr=2009&sesstype=RS&i=3217

     

Measure would require ‘fetal models’ to be displayed in schools


House Bill 3234. Proposed §16-2L-1 would require fetal models be displayed in schools.

The measure states, “each secondary and middle school in the State of West Virginia shall display, in a curriculum relevant course, a set of fetal models that depict the size and appearance of an unborn child in the womb in at least five stages of development. The fetal models shall be displayed for at least two one-month periods during each school year, one of these months ending before December 15, and the other month beginning after January 15 in the following calendar year. The fetal models may be shared between schools if display requirements can still be met.”

There are five House sponsors, including lead sponsor Del. Daniel J. Hall, D-Wyoming. Introduced March 19. Referred to House Education then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3234%20intr.htm&yr=2009&sesstype=RS&i=3234


Calculators would be prohibited for teaching purposes in Grades K-8


House Bill 3235. Proposed §18-2A-10 would “(prohibit) for instructional purposes in grades K through eight, including, but not limited to, classroom work and homework. Prohibited calculators include, but are not limited to, handheld calculators, computer calculators and other devices that use a mechanical, electronic or a software program to perform basic mathematical calculations: Provided, That this prohibition does not apply to teachers or other educational personnel in furtherance of their instructional responsibilities.”

There are three House sponsors, including lead sponsor Del. Ray Canterbury, R-Greenbrier. Introduced March 19. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3235%20intr.htm&yr=2009&sesstype=RS&i=3235

 

 


Measure would create “State Labor Relations Act”


Senate Bill 622. The purpose of this legislation is to create a collective bargaining mechanism for public employees, including the “State of West Virginia, its executive departments, divisions, institutions, agencies and boards excluding the board of higher education.”

According to the bill sponsor as well as various news media and legislators’ comments, this measure does not apply to county board employees, including teachers.

There are five Senate sponsors, including lead sponsor Sen. Jack Yost, D-Brooke. Introduced March 17. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb622%20intr.htm&yr=2009&sesstype=RS&i=622


Bill would change the phrase “employment term” to “contract term” as relating to employment of retired teachers as substitutes


Senate Bill 646. Proposed §18A-2-3 would change the phrase "employment term" to "contract term" as it relates to employment of retired teachers as substitutes in areas of critical need.

Sponsored by Sen. Richard Browning, D-Wyoming. Introduced March 19. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb646%20intr.htm&yr=2009&sesstype=RS&i=646


Bills would provide 5 percent teacher salary increases


Senate Bill 651. According to the Bill Note, this legislation would provide a 5 percent increase in teacher's salaries for the 2009-2010, 2010-2011 and 2011-2012 school years. Also, the measure would add pay increment categories for teachers with additional hours of graduate work.

Sponsored by Sen. H. Truman Chafin, D-Mingo. Introduced March 20. Referred to Senate Education then Senate Finance.
There is a Fiscal Note request.

The House companion measure is House Bill 3272. Sponsored by Del. Don Perdue, D-Wayne. Introduced March 20. 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=hb3272%20intr.htm&yr=2009&sesstype=RS&i=3272


Bill concerns beginning teacher internships


Senate Bill 652. Proposed revisions to §18A-3-2b would increase the stipend paid to mentor teachers; create a mechanism to enforce the teacher mentor requirements; set forth the criteria for the selection of teacher mentors; allow teacher mentors to be selected from a different school if a qualified teacher is not available in the same school the beginning teacher is assigned to; and to create a summer academy for beginning teachers after their first year of teaching.

Sponsored by Sens. Erik Wells, D-Kanawha, and Robert Plymale, D-Wayne. Introduced March 20. Referred to Senate Education then Senate Finance.

 (The Legislature’s bill reference is not available.)

The House companion measure is House Bill 3186. Sponsored by Dels. Dave Pethtel, D-Wetzel, and Mary Poling, D-Barbour. Introduced March 17. Referred to House Education then House Finance.


http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3186%20intr.htm&yr=2009&sesstype=RS&i=3186

This measures were recommended for passage by a 2008 interim legislative committee.

There are Fiscal Note requests.


Omnibus measure relates to school service personnel


House Bill 3180. Same as Senate Bill 579, this omnibus measure would increase school service personnel salaries by 5 percent, upgrade the pay of cooks and custodians, and add new pay grades to bus operator classifications, among other provisions.

There are nine House sponsors, including lead sponsor Del. Josh Stowers, D-Lincoln. Introduced March 17. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3180%20intr.htm&yr=2009&sesstype=RS&i=3180

The reference to Senate Bill 579 is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb579%20intr.htm&yr=2009&sesstype=RS&i=579

 


Bill would remove RESA “budget cap”


Senate Bill 618. Proposed revisions to §18-9-8a would remove the budget cap on the Public School Support Program Foundation Allowance for Regional Education Service Agencies. The bill bases the allowance on the allowances for professional educators and professional student support personnel to be consistent with moving professional student support personnel out of the foundation allowance for professional educators.

Sponsored by Sen. Plymale. Introduced March 17. 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=sb618%20intr.htm&yr=2009&sesstype=RS&i=618

Note: This measure is one of the W. Va. School Board Association’s Legislative Priorities for 2009.


State Board would be required to establish dress code for teachers


Senate Bill 602. Proposed §18-2-35a would require the state Board of Education to issue rules requiring a teacher dress code.
The pertinent language reads:

“The state board shall promulgate rules…that (require) a county board to implement a dress code for teachers beginning with the 2009-2010 school year. The dress code shall be uniform throughout the state. The rules shall provide at least the following:

  1. The state board may create an advisory committee comprised of teachers, school employees, parents and students for the purpose of making recommendations on the dress code;
  2. The state board shall allow certain casual or "dress down" days for pep rallies, school parties, school dances and for preparing classrooms at the beginning and the end of the school year.”

Sponsored by Sen. Edwin Bowman, D-Hancock. Introduced March 16. Referred to Senate Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb602%20intr.htm&yr=2009&sesstype=RS&i=602


Measure would make revisions in “An Education Blueprint for 2020” which was adopted by the Legislature last year in Senate Bill 595


Senate Bill 635. The purpose of this legislation is to replace the requirement that the State Board of Education establish a Vision 20/20 plan for submission to and consideration by the Process for Improving Education Council.

Instead the bill would require the WVBE to achieve this objective by rule.

The measure also would eliminate the Process for Improving Education Council which is comprised of several state education officials.
Sponsored by Sen. Plymale. Introduced March 18. Referred to Senate Education then Senate Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb635%20intr.htm&yr=2009&sesstype=RS&i=635


Curricula would include instruction in “founding American historical documents”


House Bill 3260. Proposed revisions to §18-2-9 would require the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents, including the Bill of Rights, before high school graduation.

The bill also requires that students study the historical, political and social environments at the time these documents were generated and it prohibits study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed.

There are eight House sponsors, including lead sponsor Del. John Overington, R-Berkeley. Introduced March 20. Referred to House Education.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3260%20intr.htm&yr=2009&sesstype=RS&i=3260

 


Two members would be added to WVU/MU Board of Governors based on gender


Senate Bill 611. Similar to House Bill 2691, this measure would  add two members to the institutional boards of governors at West Virginia University and Marshall University based upon their gender, race and ethnicity. It also makes similar changes at other institutions of higher education in West Virginia by changing the composition of institutional boards of governors, membership and numbers of members.

Sponsored by Sen. Mike Oliverio. Introduced March 17. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb611%20intr.htm&yr=2009&sesstype=RS&i=611

The reference for House Bill 2691, which is reviewed in the  March 9, 2009,  issue of The Legislature, is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2961%20intr.htm&yr=2009&sesstype=RS&i=2961

Also refer to House Bill 3188. Proposed §18B-2D-1 would create the Higher Education Merit Screening Advisory Committee to make recommendations to the Governor for appointments to governing boards of state universities, colleges and community colleges.

The committee would be comprised of 9 members appointed by the governor and confirmed by the Senate, with members to be appointed in such a manner as to achieve diversity in membership, including geographic diversity.

Their meetings would be exempt from the state’s Open Meetings Laws.

They would serve without compensation but would be reimbursed for expenses.

The committee would have the following duties, namely to:

  1. “Develop a statement of the selection criteria to be applied, which shall include a criterion that members represent diversity in geography, gender, race, occupation, and experience, which shall be distributed to potential candidates;
  2. Develop a description of the responsibilities and duties of a member of a governing board of a state university, college or community college, which shall be distributed to potential candidates;
  3. Develop and implement a process for evaluating potential appointees to higher education governing boards, based on substantive qualifications, including merit and experience;
  4. Interview all candidates for appointments to the higher education governing boards; and
  5. Make recommendations to the Governor at least (30 days) prior to the expiration of terms for which recommendations have been requested to fill vacancies on higher education governing boards: Provided, That the committee shall recommend at least (2 and not more than 3) candidates for each vacancy, including those being asked to fill unfulfilled or partial terms: Provided, however, That if the recommendations of the committee are deemed to be unacceptable by the Governor, the committee shall provide the Governor with new recommendations.”

There are other provisions.

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 17. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3188%20intr.htm&yr=2009&sesstype=RS&i=3188


HEPC facilities measure relates to higher education real property


Senate Bill 638. This 131-page measure would detail measures relating to the acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property and the construction and operation of capital facilities. The bill establishes a special revenue fund known as the Higher Education Policy Commission Capital Improvement Fund. The bill directs the use of some Video Lottery proceeds. Additionally, the measure would establish a capital maintenance fund for each state institution of higher education. The bill also provides for system-wide facilities planning and institution facilities planning.

Sponsored by Sen. Plymale. Introduced March 19. Referred to Senate Education then Senate Finance.

This measure is recommended for passage by a 2008 interim legislative committee.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb638%20intr.htm&yr=2009&sesstype=RS&i=638


HEPC faculty and staff would be able to serve in the Legislature


Senate Bill 640. Proposed §4-1-24 would provide statutory eligibility for faculty and staff at state institutions of higher education to serve in the Legislature.

Sponsored by Sen. Plymale. Introduced March 19. Referred to Senate Education then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb640%20intr.htm&yr=2009&sesstype=RS&i=640


HEPC employees would receive overtime pay for weekend and holiday work


House Bill 3173. Proposed §18B-7-13 would set compensation standards for higher education classified employees who work overtime on weekends or holidays.

Bill provisions state:

  1. “A classified employee whose regular workweek is Monday through Friday and who agrees to perform any work assignment on a Saturday or a Sunday, shall be paid at least one-half day of work for each day he or she reports for work and shall be paid for a full day of work if he or she works more than three and one-half hours on a Saturday or Sunday.
  2. A classified employee required to work on any legal holiday shall be paid at a rate of one and one-half times the employee's hourly wage rate.
  3. A full-time classified employee required to work in excess of a normal working day during any week containing a legal holiday shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times the employee's hourly wage rate.
  4. When used in this (proposed legislation), the term ‘legal holiday’ means those days designated (elsewhere in statute).”

There are three House sponsors, including lead sponsor Del. D. Poling, D-Wood. Introduced March 17. 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=hb3173%20intr.htm&yr=2009&sesstype=RS&i=3173


HEPC institutions would be required to show they plan to make campuses more “military or veteran friendly”


House bill 3191. Proposed §18B-1-12 would require public and private institutions of higher learning to present plans to the Joint Committee on Government and Finance that involve making their campuses more "military or veteran friendly.”

There are nine House sponsors, including lead sponsor Del. Fleischauer. Introduced March 18. 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=hb3191%20intr.htm&yr=2009&sesstype=RS&i=3191


Embryo-cloning would be prohibited


House Bill 3193. Proposed §18B-4-9 would prohibit cloning human embryos in state medical schools, colleges or universities.
Those violating bill provisions would be dismissed from employment.

There are other provisions.

Sponsored By Del. Armstead. Introduced March 18. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3193%20intr.htm&yr=2009&sesstype=RS&i=3193


Loan forgiveness program would be established for nurses, social workers, dentists and hygienists


House Bill 3257. Proposed §18C-3-1a would provide a loan forgiveness program for nurses, social workers, dentists and hygienists similar to what currently exists for medical doctors and osteopathic physicians.

There are eight House sponsors, including lead sponsor Del. Charlene Marshall, D-Monongalia. Introduced March 20. 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=hb3257%20intr.htm&yr=2009&sesstype=RS&i=3257

 


Bill would abolish the PEIA Advisory Board


Senate Bill 588. Proposed §5F-2-1 would abolish the Public Insurance Agency Advisory Board. This proposal is made as part of a plan for determining agencies and boards which operate under auspices of the Department of Administration.

Sponsored by Sen. Bowman. Introduced March 16. Referred to Senate Government Organization then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb588%20intr.htm&yr=2009&sesstype=RS&i=588

Also refer to House Bill 3226, the companion measure.

Sponsored by Del. Jim Morgan, D-Cabell. Introduced March 18. Referred to House Government Organization.

Both measures have Fiscal Note requests.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3226%20intr.htm&yr=2009&sesstype=RS&i=3226


PEIA plans would not cover abortions


House Bill 3162. Proposed §5-16-7f would prohibit coverage for abortions under insurance plans provided under the Public Employees Insurance Act.

Sponsored by Del. Pat McGeehan, R-Hancock. Introduced March 17. Referred to House Health and Human Resources then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3162%20intr.htm&yr=2009&sesstype=RS&i=3162

 


Measure would make technical changes in statutes regarding deadline extension to receive loan for full credit with TRS


House Bill 3220.  Proposed §18-7D-5 would add and subtract language which possibly extends the deadline to receive a loan or purchase full credit in the State Teachers Retirement System.

There are nine House sponsors, including lead sponsor Del. Kevin Craig, D-Cabell. Introduced March 18. Referred to House Pensions and Retirement then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3220%20intr.htm&yr=2009&sesstype=RS&i=3220

Teachers Defined Contribution Retirement System buyback calculation would be changed to TRS voluntary transfer


House Bill 3242. Proposed revisions to §18-7D-6 would  change the buyback calculation in the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System voluntary transfer.

Sponsored by Dels. David Walker, D-Clay and D. Poling. Introduced March 19. Referred to House Pensions and Retirement then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3242%20intr.htm&yr=2009&sesstype=RS&i=3242

 


Permanent total disability benefits would be extended for life


Senate Bill 623. Proposed revisions to §23-4-6 would extend  Workers’ Compensation permanent total disability benefits to claimants for life.

Sponsored by Sen. Randy White, D-Webster. Introduced March 17. Referred to Senate Judiciary then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb623%20intr.htm&yr=2009&sesstype=RS&i=623

The House companion is House Bill 2854. The reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2854%20intr.htm&yr=2009&sesstype=RS&i=2854

Also refer to House Bill 3259. It would require appointment of a guardian ad litem for claimants without lawyers when there is negotiation of compromise and settlement of Workers' Compensation claims for permanent total disability.

 It also provides for payment of fees of a guardian ad litem by the Insurance Commissioner.

Sponsored by Del. Ron Walters, R-Kanawha. Introduced March 20. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3259%20intr.htm&yr=2009&sesstype=RS&i=3259


Bill would clarify deliberate intention litigation


Senate Bill 661. Proposed revisions to §23-4-2 would amend portions of the existing Workers Compensation laws to clarify deliberate intention litigation.

There are nine House sponsors, including lead sponsor Sen. Don Caruth, R-Mercer. Introduced March 20. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb661%20intr.htm&yr=2009&sesstype=RS&i=661

 


Measure relates to EMTs’ transfer to PERS


House Bill 3190. Proposed revisions to §16-5V-9a would allow the purchase of service credit for those emergency services officers who transferred from PERS, but had not already purchased this prior to service.

There are three House sponsors, including lead sponsor Del. Sharon Spencer, D-Kanawha. Introduced March 17. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3190%20intr.htm&yr=2009&sesstype=RS&i=3190


Measure would credit military service toward PERS


House Bill 3245. Proposed revisions to §5-10-15 would allow up to two-years’ service in the U.S. Armed Forces to count toward retirement for members of the Public Employees Retirement System.

Sponsored by Del. Patti Eagloski Schoen, R-Putnam. Introduced March 19. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3245%20intr.htm&yr=2009&sesstype=RS&i=3245

Note: This bill is the similar to Senate Bill 65 which is reviewed in the – issue of The Legislature. The reference is:

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb65%20intr.htm&yr=2009&sesstype=RS&i=65

 


Bill would reenact a section of stature superseded by another 2008 bill


Senate Bill 593.  According to the Bill Note, the purpose of this legislation is to reenact amendments to §17B-2-3a enacted by Enrolled HB 4331 but inadvertently superseded by Enrolled HB 4023.

(Both of those bills were enacted in the 2008 regular session.)

Sponsored by Sen. Jeffrey V. Kessler, D-Marshall. Introduced March 16. 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=sb593%20intr.htm&yr=2009&sesstype=RS&i=593

Similar to House Bill 2141, the proposed legislation would require valid proof of identity for a driver's license and permits an applicant two attempts at the written test for a single fee.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2141%20intr.htm&yr=2009&sesstype=RS&i=2141

Bring brings child support subrogation statute into compliance with federal law


Senate Bill 595. Proposed revisions to §9-3-4 would make changes in statute relating to the assignment of child support obligations in terms of subrogation.

Sponsored by Sen. Roman W. Prezioso, D-Marion. Introduced March 16. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb595%20intr.htm&yr=2009&sesstype=RS&i=595

Also refer to Senate Bill 612. This measure would bring §61-5-29 into compliance with recent case law, according to the Bill Note.

That statute relates to criminal enforcement for willful failure to pay child support.

Sponsored by Sen. Prezioso.

Introduced March 17. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb612%20intr.htm&yr=2009&sesstype=RS&i=612

 

Bill would raise age of consent for minor to refuse mental health treatment


Senate Bill 604. Proposed revisions to §27-4-1 would change the age of consent for refusal of mental health treatment from age 12 to age 18. The bill also clarifies that the state is not obligated to pay for voluntary hospitalizations.

Sponsored by Sen. Richard Browning (by request). Introduced March 16. Referred to Senate Health and Human Resources then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb604%20intr.htm&yr=2009&sesstype=RS&i=604

This legislation is the same as House Bill 2908. The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2908%20intr.htm&yr=2009&sesstype=RS&i=2908

 

Great-grandparents would receive visitation rights


Senate Bill 653. Proposed revisions to §48-10-203 would allow great-grandparents to be included as persons able to obtain visitation rights to see grandchildren.

Sponsored by Sen. Kessler. Introduced March 20. Referred to Senate Judiciary.

(The Legislature’s reference is not available.)


Measure relates to Child support income tax withholding


House Bill 3163. Proposed revisions to §38-3-18 would revise existing law so that the limitation on child support is tolled until the last child that is subject of an income withholding order reaches  age 18.

Sponsored by Del. Bob Ashley, R-Roane. Introduced March 17. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3163%20intr.htm&yr=2009&sesstype=RS&i=3163


Comprehensive measure concerns shared parenting


House Bill 3228. This extensive measure would Clarify the definition of shared parenting and updating language regarding the allocation of custodial responsibility and decisionmaking responsibility of children.

There are six House sponsors, including lead sponsor Del. Jeff Eldridge, D-Lincoln . Introduced March 18. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3228%20intr.htm&yr=2009&sesstype=RS&i=3228

This measure is the same as Senate Bill 438 which is reviewed in the March 9, 2009,  issue of The Legislature.

The reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3228%20intr.htm&yr=2009&sesstype=RS&i=3228


Bill would provide enhanced penalties for battery, malicious assault, and unlawful assault against a government employee or contract worker


Senate Bill 629. Proposed revisions to §61-2-10b would expand the applicability of increased criminal penalties for battery, malicious assault and unlawful assault against a government employee or contract worker to include all government workers and to expand this existing protection for health care workers to include contract health care workers.

There are three Senate sponsors, including lead sponsor Sen. Prezioso. Introduced March 18. Referred to Senate Judiciary.
This measure was recommended for passage by a 2008 interim legislative committee.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb629%20intr.htm&yr=2009&sesstype=RS&i=629

There are two similar bills – House Bill 2566 and House Bill 2710. The reference for House Bill 2566 is:
 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2566%20intr.htm&yr=2009&sesstype=RS&i=2566

The reference for House Bill 2710 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2710%20intr.htm&yr=2009&sesstype=RS&i=2710


Texting would be prohibited


Senate Bill 637.  Proposed §17C-14-15 would establish the offense of unlawful use of a wireless communication device by texting while operating a motor vehicle on a street or highway. It provides exceptions and conditions for certain lawful uses and definitions, including fear of personal safety, contacting of law-enforcement authorities, emergency personnel, crime reportage, or when the driver is operating an authorized emergency vehicle as a law-enforcement officer or emergency services provider.

There are other provisions, relating to fines – a misdemeanor – as well as a section saying a person who violates the law could receive points on his or her driver’s license.

There are other provisions.

Sponsored by Sen. John Unger, D-Berkeley. Introduced March 19. Referred to Senate Transportation and Infrastructure Committee then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb637%20intr.htm&yr=2009&sesstype=RS&i=637


“Terroristic threat” would become felony regardless of intent


Senate Bill 657. Proposed §61-6-24 would clarify that a terroristic threat is a felony regardless of intent to actually commit the threatened act.

Sponsored by Sen. Kessler. Introduced March 20. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb657%20intr.htm&yr=2009&sesstype=RS&i=657

The measure is the same as House Bill 2952.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2952%20intr.htm&yr=2009&sesstype=RS&i=2952

Persons would have right to be free from violence without regard to “motivation”


House Bill 3263. Proposed revisions to §61-6-21 would amend existing law to read: “All persons within the boundaries of the State of West Virginia have the right to be free from any violence. Therefore, the punishments called for in this chapter should be vigorously enforced to ensure the protection of all persons from violence against their person or property…”

Current law enumerates that one is to be free from violence or “intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation or sex.”

There are four House sponsors, including lead sponsor Del. Overington. Introduced March 20. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3263%20intr.htm&yr=2009&sesstype=RS&i=3263

 

 


December of each year would be known as “West Virginia Patriots of World War II Day”


Senate Bill 615. Proposed revisions to §2-2-1 would designate December 7 of each year as "West Virginia Patriots of World War II Day,” making it a state holiday.

Sponsored by Sen. Yost. Introduced March 17. Referred to Senate Military then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb615%20intr.htm&yr=2009&sesstype=RS&i=615


Bill establishes Athletic Trainers Registration Act


House Bill 3152. Same as Senate Bill 551, this measure would establish a registration process for certified athletic trainers.
There are five House sponsors, including lead sponsor Del. Mike Caputo, D-Marion. Introduced March 16. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3152%20intr.htm&yr=2009&sesstype=RS&i=3152

The Senate Bill 551 reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb551%20intr.htm&yr=2009&sesstype=RS&i=551


Measure would establish Martinsburg-Berkeley County Public Library


House Bill 3168. The purpose of this legislation is to change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library. It also would establish a library board with the power to operate the public library.

Additionally, the bill addresses funding for the library.

There are five House sponsors, including lead sponsor Del. Overington. Introduced March 17. Referred to House Political Subdivisions then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3168%20intr.htm&yr=2009&sesstype=RS&i=3168


All state boards, commissions, committees or councils would be “gender-balanced,” having proportionate representation of minorities


House Bill 3183. Proposed §5-1-22a would require all state boards, commissions, committees or councils to be gender balanced and to have proportionate representation of minorities.

Under terms of the legislation, “:…A person may not be appointed or reappointed to a board, commission, committee or council established by law under any provision of this code if that appointment or reappointment would cause the number of members of the board, commission, committee or council of one gender or minority members to be greater than one half of the membership of the board, commission, committee or council plus one, if the board, commission, committee or council is composed of an odd number of members.

“If the board, commission, committee or council is composed of an even number of members, not more than one half of the membership may be of one gender or minority. If there are multiple appointing authorities for a board, commission, committee or council established by law under any provision of this code, they shall consult each other to avoid a violation of this section.

“The Governor shall establish a site on the Governor's web site with information available to the public relating to the eligibility to all boards and commissions. This must include, but is not limited to, a list of the current members of the boards and commissions, when their terms expire, what criteria the members fulfill and what criteria new applicants need to be eligible for appointment to a board or commission.

“The Governor shall also provide applications that may be accessed in electronic form for appointment to all boards and commissions.”
The provision would become effective July 1, 2016, with the stipulation that, prior to the effective date, “the Governor shall make every attempt to make appointments for vacancies gender balanced and with proportionate minority representation (and that) the governor shall make yearly reports to the Legislature on progress made toward achieving the goals of this section, beginning December 1, 2009.”

There are 11 House sponsors, including lead sponsor Del. Fleischauer. Introduced March 17. Referred to House Government Organization then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3183%20intr.htm&yr=2009&sesstype=RS&i=3183


Reportsto the Governor from state agencies would be made available electronically via the internet


House Bill 3192. Proposed revisions to §5-1-20 would require reports to the Governor from state agencies to be made available electronically via the Internet.

There are nine House sponsors, including lead sponsor Del. Michael T. Ferro, D-Marshall. Introduced March 18. Referred to House Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3192%20intr.htm&yr=2009&sesstype=RS&i=3192


Bill would establish “West Virginia Religious Restoration Freedom Act”


House Bill 3233. The purpose of this legislation, according to the Bill Note, is to prevent government sponsored interference with a West Virginian's “guaranteed freedom of religion.”

There are six House sponsors, including lead sponsor Del. Tim Miley, D-Harrison. Introduced March 19. Referred to House Judiciary.

This legislation is similar to House Bill 2477 which is reviewed in the February 23, 2009, issue of The Legislature.

The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2477%20intr.htm&yr=2009&sesstype=RS&i=2477

Bill would establish intermediate court of appeals in each of the state’s three congressional districts


House Bill 3269. The purpose of this legislation is to create an Intermediate Court of Appeals for each of the state's three congressional districts. The bill delineates qualifications and number of judges. The bill permits judges to serve 8-year terms.

The bill also would create the court's jurisdiction to hear cases and sets forth two court terms per year to hear those cases while permitting special terms. Additionally, the bill would permit the court to appointment a clerk and hire other employees.

Finally, the bill would establish salaries for the judges and the clerks.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced March 20. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3269%20intr.htm&yr=2009&sesstype=RS&i=3269

 


Bill would exempt some landowners from increased valuation and assessment of natural resources properties


Senate Bill 624. Proposed revisions to §11-1A-11 would exempt landowners, other than corporations or partnerships, of 100 acres or less of contiguously connected real property from payment of increased valuation and assessment as natural resources property on reserve coal properties.

The bill defines "small property owner" as an owner of 100 or less acres of real property that is not a corporate entity or partnership.

 It also requires an affidavit from the property owner that the coal will not be mined or the interest therein transferred.

 If the coal is subsequently mined, the owner will be assessed the increased rate plus interest before mining may continue.

There are other provisions.

Sponsored by Sen.  Harry Keith White, D-Mingo. Introduced March 17. 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=sb624%20intr.htm&yr=2009&sesstype=RS&i=624


Bill would lengthen the reevaluation cycle for real property from 3 years to 5 years


House Bill 3198. Proposed revisions to §11-1C-9 would require the reevaluation cycle of real property be lengthened from every 3 years to every 5 years. The bill also limits any assessment increase to 10 percent in any one year.

There are three House sponsors, including lead sponsor Del. John N. Ellem, R-Wood. Introduced March 18. 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=hb3198%20intr.htm&yr=2009&sesstype=RS&i=3198


Measure relates to mandated salvage valuation of high technology business property


House Bill 3270. This proposed legislation would provide for mandated salvage valuation for property tax purposes, of tangible personal property and computer servers directly used in certain high technology businesses or an Internet advertising business, and to exempt from the consumers sales and service tax and use tax, all purchases of computer software, computers, servers, and building materials and tangible personal property installed into a building or facility for direct use in a high technology business or Internet advertising business, and to provide for a contractor's pass through exemption for such purchases.

There are other provisions.

There are three House sponsors, including lead sponsor Del. K. Steven Kominar, D-Mingo. Introduced March 20. 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=hb3270%20intr.htm&yr=2009&sesstype=RS&i=3270

 

 

Senate Bill 589 would dedicate some of the revenue generated from severance taxes to benefit counties and municipalities from which the moneys are raised…Senate Bill 591 would require all magistrates to be elected at large in the counties they serve…Senate Bill 601 would require that signs be posted indicating the type surveillance used to detect the speed of moving vehicles…Also refer to Senate Bill 609. That bill would require magistrates to have a college degree (BA)…Senate Bill 606 would identify saliva divinorum as a hallucinogen. Its use has become more prevalent among teenagers…Senate Bill 610 and House Bill 3179 would make some amend the state’s West Virginia Film Industry Investment Act by clarifying some definitions, among other primary revisions…Senate Bill 620 would amend the state’s Municipal Economic Opportunity Development District Act to allow all municipalities to be eligible to create these type districts, among other revisions…Senate Bill 634 would limit the liability of medical and osteopathic physicians and those who work under their direction as volunteers to provide care at youth camps or programs…Senate Bill 639 would make some technical changes in statutes regarding public records management and preservation, including provision of a minimum allocation of funds in the Public Records and Preservation Revenue Account for grants to counties for record management, access and preservation purposes. The House companion measure is House Bill ---. Also refer to House Bill 3209. Its provisions would merge the functions of the Records Management and Preservation Advisory Committee with the Records Management and Preservation Board…Senate Bill 645 would clarify that municipalities and counties are able to increase the rate of property taxes by more than 10 percent in a given year when such counties and municipalities have held an election or the purposes of issuing general revenue bonds to be paid from the general revenues of  the county or municipality…Senate Bill 656 would authorize the Mercer County Commission to appoint emergency operations center board…Senate Bill 660 would require an annual audit of the West Virginia Parkways Authority…


House Bill 5154 would require the state Enhanced 911 Council to propose Emergency Medical Priority Dispatch procedures that are to be adopted immediately by all 55 county commissions and their respective 911 call centers…House Bill 3158 would provide assistance to political subdivision activities involving the Firemen’s Pensions and Relief Systems and volunteer fire departments…House Bill  3207 would  allow a legislator to decline any or all of his legislative compensation…House Bill 3222 would abolish the Public Employee Leave Benefit Analysis Board…House Bill 3225 would abolish the State Personnel Advisory Council…House Bill 3254 would require county commissions to adopt and implement county farmland protection programs…House Bill 3256 would designate the West Virginia Partnership to Promote Community Well-being as the single state planning authority for substance abuse prevention…There are numerous other provisions…House Bill 3258 would allocate an increase proportion of the adjusted gross receipts from licensed racetracks…House Bill 3273 would create a new retirement system for West Virginia Correctional officers…House Bills 3230 and 3199 relate to redistricting, with the latter calling for 100 single member delegate districts…House Bill 3231 would expand the number of hours temporary state personnel may work annually…House Bill 3236 would allow counties to create urban growth boundaries…House Bill 3240 would give the Commissioner of Motor Vehicles the ability to approve ATV rider safety awareness programs. There are other provisions…House Bill 3241 would require municipalities that impose user fees to impose the fee on all persons residing within the municipality. Other provisions would prohibit municipalities from imposing user fees on persons who reside and work within the municipality from “charged the fee twice”…House Bill 3171 would relate to self-insurance pools operated by two or more counties, specifying that operation of these pools constitute doing insurance business and that they will be regulated by insurance laws of West Virginia…House Bill 3185 would establish an additional circuit judge in the 17th Judicial Circuit which includes Monongalia County…

 

 

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”