WVSBA The Legislature

March 30, 2009 - Volume 29 / Issue 14

Overview Info

Inside

March 23 – 27, 2009 Session Bills Reviewed

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

Listed below are West Virginia Senate and House of Delegates bills introduced March 23-27, 2009.

March 23 was the last day to introduced bills in the Senate and House of Delegates.

(That provision does not apply to originating or supplementary appropriation bill, and does not apply to Senate or House resolutions or concurrent resolutions.)

Today is the 48st day of the regular session.
 
A total 48 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 Website - http://www.legis.state.wv.us/

 

PUBLIC EDUCATION


Two measures relate to charter schools; Senate Bill 758 considered by Senate Education and Senate Finance


Senate Bill 758.  This proposed legislation, adopted by Senate Education earlier last week, would establish the “West Virginia Public Charter Schools Act of 2009.”

It is the more extensive of the measures which also include House Bill 3330.

The bill establishes the applicable regulatory and statutory requirements, exemptions from state laws and rules, and provides for conversion of public school to public charter school.

The bill also delineates public charter school requirements, conditional approval of schools, funding, enrollment of students and transportation.

The measure sets the school term, provides information on charter schools, and discusses leaves of absence for teachers, employment of school personnel and their benefits.

The bill additionally provides a termination process of a public charter school.

The legislation would be included in proposed §18-33-1 et. seq.

The House measure, House Bill 3330, is entitled “The Charters School Act.”

Unlike the Senate bill, it provides a basic framework for charter schools under proposed §18-2L-1 et. seq.

Senate Bill 758 is sponsored by Sens. Erik Wells, D-Kanawha, and Brooks, McCabe, D-Kanawha (original sponsors). Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb758%20intr.htm&yr=2009&sesstype=RS&i=758

House Bill 330 has four sponsors, including lead sponsor Del. Jonathan Miller, D-Berkeley. Introduced March 23. Referred to House Education, then House Finance.

The House Bill has a Fiscal Note.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3330%20intr.htm&yr=2009&sesstype=RS&i=3330

     

Senate companion for House Bill 3208 introduced


Senate Bill 739. This is the Senate companion to House Bill 3208.

Among other things, this measure would codify the West Virginia Board of Education/West Virginia School Board Association School Board Member Training Standards Review Committee (TSRC).

(In December 2008, the state Ethics Commission ruled the TSRC was an entity of the state Board of Education rather than an association committee per se. Thus, the proposed statutory provision would memorialize the committee in statute.)

It also would require district report cards to publish the number of training hours county board members receive.
The bill makes some changes in statute regarding county superintendent appointment.

Sponsored by Sen. Robert H. Plymale, D-Wayne. Introduced March 23. Referred to Senate Education, then Senate Finance.

Note: House Bill 3208 was adopted by the House of Delegates by unanimous vote March 27, 2009 (Committee substitute).

The reference for House Bill 3208 is http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3208%20SUB.htm&yr=2009&sesstype=RS&i=3208

The reference for Senate Bill 739 is:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb739%20intr.htm&yr=2009&sesstype=RS&i=739

 

 


Special Memorial Day would celebrate “Victory of Democracy in the Cold War”


House Bill 3291. Proposed revisions to §2-2-1a would amend a state statute regarding legal holidays to provide a special memorial day to celebrate the victory of democracy in the Cold War.

Sponsored by Del. Linda Sumner, R-Raleigh. Introduced March 23. Referred to House Government Organization.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3291%20intr.htm&yr=2009&sesstype=RS&i=3291

 

Bill would provide for transfer of funds for Prepaid Tuition Trust Escrow Fund


House Bill 3295. Proposed revisions to §18-30-6, §36-8-13 and §44-1-28 would transfer a one- time sum of $8 million from the unclaimed property trust fund to the prepaid tuition trust escrow fund to cover investment losses in the prepaid tuition trust fund.

It would set $1 million as the amount to be transferred annually from the unclaimed property trust fund to the prepaid tuition trust fund until the actuary certifies there are sufficient funds to pay out all contracts.

In addition, the bill facilitates payments from the state where the owner has died.  

Sponsored by Del. Harry Keith White, D-Mingo. Introduced March 23. Referred to House Education then House Finance.

Note: Approved by both House Education and House Finance, this measure is on Senate Special Calendar Second Reading today.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3295%20intr.htm&yr=2009&sesstype=RS&i=3295



Limit on the amount of money for Promise Scholarship would be increased


Senate Bill 723. Proposed revisions to §18C-7-7 and §29-22-18a would increase from 2 percent to 4 percent the aggregate amount of funds the Legislature transfers to the Promise Scholarship Fund, beginning in FY11.

The bill also would increase Promise state increase funding from $27 million to $29 million.

Sponsored by Sen. Michael Oliverio II, D-Monongalia. Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb723%20intr.htm&yr=2009&sesstype=RS&i=723

A related bill, House Bill 3282, would provide varying levels of Promise scholarships, based on student family income, based on a threshold for family income totaling $50,000 per year – full scholarship. For students whose family income is $50,000 - $100,000 per year, the Promise Scholarship would equal two-thirds of the amount of tuition at an institution of higher education, and for those students whose family income is $100,000 or more, the Scholarship would amount to one-third of the cost of tuition.

Sponsored by Dels. Virginia Mahan, D-Summers, and Nancy Peoples Guthrie, D-Kanawha. Introduced March 23. Referred to House Education, then House Finance.

The House bill has a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3282%20intr.htm&yr=2009&sesstype=RS&i=3282

 


Bill would allow section of Code relating to county board financial depositories


House Bill 3313. Proposed revisions to §18-9-6  would allow depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank.

There are five House sponsors, including lead sponsor Del. Sammy Cann, D-Harrison. Introduced March 23. Referred to House Education, then House Finance.

This bill has been adopted by both House Education and House Finance and is on House First Reading (Special Calendar) March 30.

Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3313%20intr.htm&yr=2009&sesstype=RS&i=3313

 


Measure would limit professional personnel transfers to another professional position subsequent to August 1


Senate Bill 705. Proposed revisions to §18A-4-7a would limit professional personnel transfers to another professional position subsequent to August 1.

Sponsored by Sen. John Unger, D-Berkeley. Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb705%20intr.htm&yr=2009&sesstype=RS&i=705


Omnibus bill introduced to alleviate shortage of certified teachers in West Virginia


Senate Bill 750. This 91-page measure would amend several existing sections of Code to provide “clarification” for eligibility for teacher certification in order to “help alleviate the shortage of certified teachers in West Virginia,” according to the Bill Note.

One definitional change would refer to "Accredited institution of higher education" as meaning “any public or private college or university accredited by an organization recognized, at the time of the decision under the relevant code provision, by both the Council of Higher Education Accreditation (CHEA) and the United States Department of Education (USDOE).”

All subsequent references strike reference to “regionally accredited” institutions of higher education, substituting, and “Accredited institution of higher education in its stead.

There appear to be no other revisions except for the August 1 provision listed in Senate Bill 705.


There are five Senate sponsors, including lead sponsor Sen. Jeffrey V. Kessler, D-Marshall. Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb750%20intr.htm&yr=2009&sesstype=RS&i=750


National certification salary adjustments would be increased from $2,500 to $3,500


House Bill 3310. Proposed revisions to§18A-4-2b would increase the salary adjustment for those educational professions with national certifications (speech-language pathology, audiology, counseling, school psychology or school nursing) from $2,500 to $3,500.

Sponsored by Del. Daniel Poling, D-Wood.  Introduced March 23. Referred to House Education then House Finance.
There is a Fiscal Note request.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3310%20intr.htm&yr=2009&sesstype=RS&i=3310

 

Parents of autistic student would be able to seek change in student’s aide or mentor


House Bill 3319. Proposed revisions to §18A-5-8 would permit the parents of an autistic student to seek a change in the student's aide or mentor.

The bill would establish this process for the change in an autistic student’s aide or mentor:

“… A parent of a student diagnosed with autism or autism spectrum disorder may request that the IEP team evaluate whether continued services from the current autism mentor or aide is in the best interest of the student when a service person with greater seniority bids on the position or the parent believes it is in the best interest of the student to discontinue services from that mentor or aide. Following the evaluation the IEP team may recommend to the county superintendent that the mentor or aide continue or discontinue providing services to the student. Consistent with the recommendation, and at his or her discretion, the superintendent may:

  1. Continue employment of the mentor or aide in that position if he or she:
    1. Holds valid certification;
    2. Has regular employment status;
    3. Has more experience as an autism mentor or aide than the service person bidding on the position; and
    4. Elects to remain in the position; or
  2. Reassign the mentor or an aide in that position if:
    1. The superintendent determines that the student may be better served by a different autism mentor or aide;
    2. The current mentor or aide does not hold valid certification; or
    3. The current mentor or aide does not have regular employment status”
There are other provisions.

Sponsored by Del. Ralph Rodighiero, D-Logan. Introduced March 23. Referred to House Education then House Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3319%20intr.htm&yr=2009&sesstype=RS&i=3319

 

 

Bill would limit diesel vehicle “excessive idling”


Senate Bill 716. Proposed §17C-13A-1 et. seq. would establish the “Diesel-Powered Motor Vehicles Idling Act.

Introduced in previous sessions, the purpose of this legislation is to prohibit “(drivers or owners) of a diesel-powered motor vehicle with a gross vehicle weight of (10,001 pounds) engaged in commerce (to) cause, and no owner or operator of the location where the vehicle loads, unloads or parks, (to) allow the engine of the vehicle to idle for more than (5) minutes in any continuous (60-minute period)…”
There are exceptions, including situations when “a bus or school bus must idle to provide heating or air conditioning when non-driver passengers are on board.

“For the purposes of this exemption, the bus or school bus may idle for no more than total of (15) minutes in a continuous (60-minute) period, except when idling is necessary to maintain a safe temperature for students with special needs who are transported by a school bus.”

Another exception would apply “When idling by a school bus off school grounds during queuing for the sequential discharge or pickup of students is necessary because the physical configuration of a school or the school's surrounding streets does not allow for stopping…”
There are other provisions.

Sponsored by Sen. Douglas E. Facemire, D-Braxton.  Introduced March 23. Referred to Senate Transportation and Infrastructure then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb716%20intr.htm&yr=2009&sesstype=RS&i=716

 


Measure would integrate operations of the Community and Technical College of West Virginia University Institute into West Virginia University Institute of Technology; also WVU-P


Senate Bill 736. This legislation would integrate the operations of the Community and Technical College at West Virginia University Institute of Technology into West Virginia University Institute of Technology.

Sponsored by Sens. William R. Laird IV, D-Fayette, and Randy White, D-Webster.

Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb736%20intr.htm&yr=2009&sesstype=RS&i=736

The House companion measure is House Bill 3338.  There are 11 House sponsors, including lead sponsor Del. David Perry, D-Fayette. Introduced March 23. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3338%20intr.htm&yr=2009&sesstype=RS&i=3338

Also refer to House Bill 3277. It would change West Virginia University at Parkersburg from a community and technical college, merging it with West Virginia University.

There are nine House sponsors, including lead sponsor Del. Perry. Introduced March 23. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3277%20intr.htm&yr=2009&sesstype=RS&i=3277


Higher education institutions would be required to use WVEIS student identifier


Senate Bill 738. Proposed revisions to §18-2-5f would  require higher education institutions to use the unique West Virginia Educational Information System (WVEIS) student identifier assigned through the student's enrollment in any West Virginia public school as an “alternative to, or in addition to, any other student identifier used at the college or university.”

Sponsored by Sen. Plymale. Introduced March 23. Referred to Senate Education then Senate Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb738%20intr.htm&yr=2009&sesstype=RS&i=738


Bill would add members to HEPC and state Council for Community and Technical College Education


Senate Bill 743. This measure would add 2 members to the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education (A non-voting faculty representative and a non-voting classified employee).

These members’ responsibilities are established in the bill.

The bill also provides that these members receive a load reduction of at least 3 hours per semester from his or her institution.

 The bill additionally provides that chairpersons of a faculty senate or faculty assembly would also receive a load reduction of 3 hours per semester.

There are other provisions, including information regarding meeting requirements.

Sponsored by Sen. Unger. Introduced March 23. Referred to Senate Education then Senate Finance.

The bill has a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb743%20intr.htm&yr=2009&sesstype=RS&i=743

Measure would establish state data-sharing compact


Senate Bill 757. Proposed §18B-1D-9 would Require the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education enter into state data-sharing compact – one purpose of which is to establish “A plan to establish and maintain a longitudinal data system that links early learning, elementary, middle and secondary school student unit records with higher education institution student unit records (and);

“A plan to establish a data warehouse that integrates data from multiple student unit record systems and supports all of the uses and functions of the longitudinal data system…”

There are other provisions.

Sponsored by Sen. Plymale. Introduced March 23. Referred to Senate Education then Senate Judiciary

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb757%20intr.htm&yr=2009&sesstype=RS&i=757


Measure relates to higher education capital project planning


House Bill 3280. This 130-page bill would establish statutory provisions for the acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property and the construction and operation of capital facilities.

The bill also establishes a special revenue fund known as the Higher Education Policy Commission Capital Improvement Fund.
 The bill also addresses use of lottery proceeds, and the measure establishes a capital maintenance fund for each state institution of higher education.

 The proposal also provides for system-wide facilities planning and institution facilities planning.

Sponsored by Dels. Mary Poling, D-Barbour, and Brady Paxton, D-Putnam. Introduced March 23. Referred to House Education then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3280%20intr.htm&yr=2009&sesstype=RS&i=3280


Pre-engineering summer academy would be established


House Bill 3286. The purpose of this legislation is creating a pre-engineering summer academy and scholarship opportunities for pre-engineering students and teachers through the West Virginia Board of Education (WVBE).

The program would be known as “The Eustace Frederick Pre-engineering and Technology Education Programs.”  
In order to maintain and expand pre-engineering and technology education programs in the middle, secondary and technical education centers in West Virginia, the program’s purpose is to “stimulate in young people an interest in engineering as a career field and to provide the foundational knowledge and skills that will lead to successful completion of higher level engineering studies.”
The bill would require the state Board of Education, in cooperation with post-secondary engineering programs and industry representatives, to “maintain and expand an annual summer academy experience for aspiring engineers enrolled in pre-engineering programs. The purposes of this academy experience are to provide advance engineering experiences featuring technology application, problem solving, team experiences and opportunities to learn from industry professionals and university faculty; to bridge the gap between educational practice and the engineering workforce; and to help talented preengineering students achieve their greatest potential.”

The bill would allow the board to “partner with college or university schools of engineering to offer this academy experience” and could  “support other out-of-school activities for middle and high school students that are designed to connect pre-engineering students to real world engineering projects and practicing engineering professionals.”

Another bill provision would require the state Board to establish a scholarship program for students having completed a pre-engineering program and who will pursue post-secondary work in engineering studies, with an emphasis on mining engineering.

Ten scholarships would be awarded for up to $5,000. Based on WVBE criteria.

Additional scholarships would be available to “outstanding pre-engineering teachers for the purpose of taking additional course work required gaining or maintaining the necessary certification to teach pre-engineering programs.”

The WVBE would determine criteria for awarding these scholarships.

The Summer Academy and the Scholarship Fund created hereunder would be designated as the Eustace Frederick Pre-engineering Summer Academy and the Eustace Frederick Engineering Scholarship respectively.

(Del.Frederick, D-Mercer, died late last year.)

The program would be funded by special revenue account administered by the WVBE, and would be established to receive legislative appropriations, federal funds, contributions from governmental agencies – and other means of funding as determined by the WVBE.

There are several other provisions.

There are eight House sponsors, including lead sponsor Del. John Shott, R-Mercer. Introduced March 23. Referred to House Education.
There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3286%20intr.htm&yr=2009&sesstype=RS&i=3286

 

 


County board service would count toward TRS service credit


Senate Bill 720. Proposed revisions to §18-7A-3 would include service as a member of a county board as credit for service for the State Teachers Retirement System.

Sponsored by Sen. Richard Browning, D-Wyoming. Introduced March 23. Referred to Senate Education then Senate Pensions and Retirement and then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb720%20intr.htm&yr=2009&sesstype=RS&i=720


Measure relates to service credit purchases by Teachers Defined Contributions Retirement System members


House Bill 3289. Proposed §18-7D-6a would  allow any “member of the Teachers' Defined Contribution Retirement System, who demonstrates that during the opportunity to transfer from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System the member received incorrect or inaccurate information from the Consolidated Retirement Board, the member's school administrator or an employee of a county school board, which information resulted in the failure of the member to transfer, shall be allowed to transfer all assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System effective as if the transfer occurred on July 1, 2008, for all retiree benefit and contribution calculations.”

Additionally, the bill states, “Any member of the Teachers' Defined Contribution Retirement System who neglected to affirmatively meet the deadline requirements for the transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System as a direct result of a demonstrable disabling health issue or postage system failure and now wishes to transfer shall be allowed to transfer all assets into the State Teachers Retirement System. The transfer shall be effective as if it occurred on July 1, 2008, for all retiree benefit and contribution calculations.”

There are seven House sponsors, including lead sponsor Del. Tom Campbell, D-Greenbrier. Introduced March 23. Referred to House Pensions and Retirement then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3289%20intr.htm&yr=2009&sesstype=RS&i=3289

 


Bill changes date through which governmental entities are required to purchase Workers Compensation through West Virginia Mutual Insurance Company


Senate Bill 702. Proposed §18-7D-6a  would change the date through which governmental entities are required to purchase workers' compensation through West Virginia Mutual Insurance Company from July 1, 2012, to July 1, 2010.

There are six Senate sponsors, including lead sponsor Sen. McCabe. Introduced March 23. Referred to Senate Government Organization then Senate Finance.

Note: This measure is on Second Reading March 30.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb702%20intr.htm&yr=2009&sesstype=RS&i=702

The House companion measure is House Bill 3275. There are six House sponsors, including lead sponsor Del. White. Introduced March 23. Referred to House Government Organization then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3275%20intr.htm&yr=2009&sesstype=RS&i=3275

This bill is on House Calendar First Reading March 30.


Bill concerns WC claimant attorney fees


House Bill 3296. Proposed revisions to §18-7D-6a would change the way fees are awarded to attorney's in Workers' Compensation claims.

The proposed revisions read:
“No attorney's fee for benefits secured on behalf of a claimant in excess of (20) percent of the first $50,000 of the amount of the benefits secured, (15) percent of the next $50,000 of the amount of the benefits secured, and (10) percent of the remaining amount of the benefits secured, shall be charged or received by an attorney for a claimant or dependent. In the event of a lump-sum settlement, including settlement of indemnity and/or medical benefits, no attorney's fee shall be in excess of the amount permitted by this section.

“If a claimant successfully prevails in any proceedings relating to a denial of medical benefits brought before the Insurance Commission as a result of utilization review, arbitration, or mediation, and/or proceedings relating to denial of medical benefits before the Office of Judges, Board of Review, or court, there shall additionally be taxed against the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, the reasonable costs and reasonable hourly attorney fees of the claimant.
“Following the successful resolution of the denial in favor of the claimant, a fee petition shall be submitted by the claimant's attorney to the Insurance Commission, arbitrator, mediator, the Office of Judges, the Board of Review, or court, whichever enters a final decision on the issue, which shall enter an order within (30) days awarding reasonable attorney fees and reasonable costs of the claimant to be paid by the commission, successor to the commission, other private carrier or self-insured employer which shall be paid as directed. In determining the reasonableness of the attorney fees, the Insurance Commission, arbitrator, mediator, Office of Judges, Board of Review, or court shall consider the experience of the attorney, the complexity of the issue, the hours expended, and the contingent nature of the fee.

“In cases in which the claimant is responsible for the payment of his or her own attorney's fees, these fees are a lien upon compensation payable to the claimant…”

Sponsored by Del. Tim Manchin, D-Marion. Introduced March 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3296%20intr.htm&yr=2009&sesstype=RS&i=3296

 


Bill would make it illegal to transport minor across state lines to receive abortion



Senate Bill 688. The legislation would make it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents, or the legal guardians of the minor. It also provides for a misdemeanor criminal penalty.

Sponsored by Sen. Mike Green, D-Raleigh. Introduced March 23. Referred to Senate Health and Human Resources then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb688%20intr.htm&yr=2009&sesstype=RS&i=688

This measure is the same as House Bill 2611. The reference is: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2611%20intr.htm&yr=2009&sesstype=RS&i=2611


Facilities providing abortions to minors would be required to provide parental notification


Senate Bill 717.  Proposed §16-2F-8a would require facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized signature of the parent; and providing a fine on the first offense of  10 times the amount of the abortion and upon a subsequent offense closure of the facility for 30 days.

Sponsored by Sen. Facemire. Introduced March 23. Referred to Senate Health and Human Resources then Senate Judiciary then Senate Finance.

There is a Fiscal Note request.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb717%20intr.htm&yr=2009&sesstype=RS&i=717

 


DHHR would be required to pay medical or socially necessary services for children


Senate Bill 670. Proposed §49-7-33 would expand the definition of court-ordered services for children for which the Department of Health and Human Resources required to pay to include socially necessary services.

The bill also addresses the payment for services rendered, and would prevent non-Medicaid approved providers from seeking payments above the Medicaid rate or the established rate set by DHHR.

Sponsored by Sen. Kessler. Introduced March 23. 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=sb670%20intr.htm&yr=2009&sesstype=RS&i=670

Bill would provide medical and non-medical exceptions from mandatory immunizations for students, based on parents’ conscientious or religious beliefs


Senate Bill 697. The purpose of this legislation, which is the same as House Bill 3069, is to provide medical and non-medical exemptions from mandatory immunizations for school children.

This measure is reviewed in the March 16, 2009, issue of The Legislature.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb697%20intr.htm&yr=2009&sesstype=RS&i=697

The reference for House Bill 3069 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3069%20intr.htm&yr=2009&sesstype=RS&i=3069


Permanent parenting plans would have to contain a provision relating to military deployment


Senate Bill 744. The purpose of this legislation is to require permanent parenting plans to contain a provision concerning a possible deployment or call to duty if either parent is a member of the National Guard or military reserves.

There are three Senate sponsors, including lead sponsor Sen. Wells. Introduced March 23. Referred to Senate Military then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb744%20intr.htm&yr=2009&sesstype=RS&i=744

Also refer to a similar bill, Senate Bill 746.

This measure would protect service members' custodial rights upon a call to active service.

There are three Senate sponsors, including lead sponsor Sen. Wells.

Introduced March 23. Referred to Senate Military then Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb746%20intr.htm&yr=2009&sesstype=RS&i=746


Measure relates to DHHR court-ordered investigations in matters other than child abuse


House Bill 3298. The purpose of this legislation is to prohibit a Family Court from ordering supervised visitation by the Department of Health and Human Resources or payment  or provision of other Child Protective Services (CPS), including but not limited to, “ordering a child into the custody of the (DHHR)…”

Note: This section of Code relates to custodial responsibility and decisionmaking responsibility of children.

 There are five House sponsors, including lead sponsor Del. Don Perdue, D-Wayne. Introduced March 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3298%20intr.htm&yr=2009&sesstype=RS&i=3298


Self-employed parents would be required to participate in the Bureau of Child Support Enforcement’s “PayConnextion” programs


House Bill 3299. Under terms of this legislation, self-employed persons would be required to participate in the Bureau of Child Support Enforcement's PayConnextion program.

Sponsored by Del. Sumner. Introduced March 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3299%20intr.htm&yr=2009&sesstype=RS&i=3299


Bureau of Public Health would be required to provide early intervention services for family with developmentally-delayed infants and toddlers


House Bill 3336. The purpose of this bill is to authorize the Bureau for Public Health to continue providing early intervention services to families with developmentally delayed infants and toddlers but eliminates the cost-free provision.

Sponsored by Del. Perdue. Introduced March 23. Referred to House Health and Human Resources, then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3336%20intr.htm&yr=2009&sesstype=RS&i=3336

 


Accessory after the fact would be made felony offense


Senate Bill 679. This legislation would make the crime accessory after the fact a felony.

The pertinent bill language states those convicted of the offense would be “guilty of a felony and, upon conviction, shall be imprisoned in a correctional facility for not less than one nor more than five years or, at the judges' discretion, the felon shall be confined in jail for not more than one year or fined not less than $250 or more than $250,000 or both.”

Sponsored by Sen. Plymale. Introduced March 23. Referred to Senate Judiciary.

The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb679%20intr.htm&yr=2009&sesstype=RS&i=679

Also refer to a similar bill, House Bill 3266, which is sponsored by Del. Jim Morgan, D-Cabell. Introduced March 20. Referred to House Judiciary then House Finance.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3266%20intr.htm&yr=2009&sesstype=RS&i=3266


Bill would make manufacture of burglary tools a criminal act


Senate Bill 682. Introduced in past legislative sessions, this measure would make the make the manufacture or possession of burglary tools a criminal act. The bill establishes penalties. The bill also extends criminal penalties for prohibited entry upon commercial property enclosed by a fence or similar physical barrier.

Sponsored by Sen. Plymale. Introduced March 23. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb682%20intr.htm&yr=2009&sesstype=RS&i=682


Measure relates to providing statutory procedure for an offer of judgment prior to trial 


Senate Bill 713. provide a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain situations in order to encourage settlements between parties and penalize parties who refuse to accept good faith offers to settle cases.

Sponsored by Sen. H. Truman Chafin, D-Mingo. Introduced March 23. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb713%20intr.htm&yr=2009&sesstype=RS&i=713


Proposal concerns state’s “Computer Crime and Abuse Act”


Senate Bill 740. Under terms of this legislation, third or subsequent offense under this section, which relates to harassing, obscene, or anonymous electronic communications, would become a felony.

Sponsored by Sen. Green. Introduced March 23. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb740%20intr.htm&yr=2009&sesstype=RS&i=740

The bill is similar to House Bill 3019.

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


Bill concerns residency restrictions for registered sex offenders


House Bill 3304. This measure would impose employment and residency restrictions on persons required to register under the state’s Sex Offender Registration Act.

These are among some provisions:

“Any person required to register under this article is prohibited from:

  1. Establishing a residence or accepting employment within one thousand feet of a school or child care facility;
  2. Establishing a residence or accepting employment within one thousand feet the residence of a victim or victims of a sexual offense which requires the person to register; or
  3. Establishing a residence or any other living accommodation in a household in which a child under (16) resides if the person has been convicted of a sexually violent offense against a child, unless the person is one of the following:
    1. The child's parent;
    2. The child's grandparent; or
    3. The child's stepparent and the person was the stepparent of the child prior to being convicted of a sexually violent offense, the person's parental rights to any children in the home have not been terminated, the child is not a victim of a sexually violent offense perpetrated by the person, and the court determines that the person is not likely to cause harm to the child or children with whom such person will reside.”

There are other provisions.

Sponsored by Del. Patrick Lane, R-Kanawha. Introduced March 23. 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=hb3304%20intr.htm&yr=2009&sesstype=RS&i=3304

 


Police officers could run for office except in employing municipality


Senate Bill 668. This legislation would allow police officers to seek election to and serve in public offices except that of their employing municipality.

Sponsored by Sen. Oliverio. Introduced March 23. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb668%20intr.htm&yr=2009&sesstype=RS&i=668


Bill would make several election law changes relative to definitions


House Bill 3337. Among other provisions, this legislation would increase the number of persons who must receive a broadcast or non-broadcast communication naming a clearly identified candidate before it can be considered as an electioneering communication.

Additionally, the bill creates an exemption from the prohibition on corporate political activity for qualified non-profit corporations that have as their only express purpose, the promotion of political ideas.

There are five House sponsors, including lead sponsor Del. Carrie Webster, D-Kanawha. Introduced March 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3337%20intr.htm&yr=2009&sesstype=RS&i=3337

 


Measure relates to West Virginia Religious Restoration Freedom Act


Senate Bill 701. Same as House Bill 3233, which was reviewed in the March 16, 2009, issue of The Legislature, this bill is designed to prevent government-sponsored interference with the state’s guaranteed freedom of religion.

Sponsored by Sen. Kessler. Introduced March 23. Referred to Senate Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb701%20intr.htm&yr=2009&sesstype=RS&i=701

The reference for House Bill 3233 is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3233%20intr.htm&yr=2009&sesstype=RS&i=3233

Also refer to House Bill 2477, a similar measure.

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 relates to athletic trainers’ licensure


House Bill 3283. According to the Bill Note, the purpose of this legislation is to add licensure of the allied health care profession of athletic training under the jurisdiction of the Board of Chiropractic Examiners.

Sponsored by Del. Randy Swartzmiller, D-Hancock. Introduced March 23. Referred to House Government Organization then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3283%20intr.htm&yr=2009&sesstype=RS&i=3283


Legal status of workers would be verified


House Bill 3301. The purpose of this bill is to amend the Division of Labor rule verifying the legal employment status of workers. The bill authorizes the commissioner to issue an order terminating undocumented employees, and for each day the employment of an undocumented worker continues constitutes a separate violation.

There are eight House sponsors, including lead sponsor Del. Ricky Moye, D-Raleigh. Introduced March 23. Referred to House Energy, Industry and Labor, Economic Development and Small Business then House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3301%20intr.htm&yr=2009&sesstype=RS&i=3301


Bill relates to records management


House Bill 3317. This legislation would require that the Records Management and Preservation Board for county government entities to allocate at least 50 percent of funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access and preservation purposes.

There are other provisions.

There are eight House sponsors, including lead sponsor Del. Ron Fragale, D-Harrison. Introduced March 23. Referred to House Government Organization then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3317%20intr.htm&yr=2009&sesstype=RS&i=3317

Senate Bill 639 is the companion measure.

The reference is:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb639%20intr.htm&yr=2009&sesstype=RS&i=639


Proposal would limit liability for donating food to charitable organizations


House Bill 3325. Under terms of this legislation, persons and nonprofit organizations would be exempt from civil and criminal liability when donating or receiving certain food items.

The bill does not exempt liability for gross negligence or intentional misconduct.

There are three House sponsors, including lead sponsor Del. J. Miller. Introduced March 23. Referred to House Judiciary.

Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3325%20intr.htm&yr=2009&sesstype=RS&i=3325

 


Tax exemption would be granted to individuals and corporations who donate to organizations granting scholarships


House Bill 3320. The purpose of this legislation is to create a tax credit program for individuals paying qualified educational expenses and for those individuals or corporations making donations to organizations granting scholarships for qualified educational expenses.

The measure would be known as the “Family Education Tax Credit Act.”

Sponsored by Del. J. Miller. Introduced March 23. Referred to House Education then House Finance.

Reference:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3320%20intr.htm&yr=2009&sesstype=RS&i=3320

 

 

Senate Bill 666 relates to community enhancement districts which relates, in part, to land development plans…Senate Bill 667 seeks to make panhandling illegal. Fire departments would be exempt…Senate Bill 672 would create a special joint committee on mental health. The bill sets forth its composition and duties. The bill requires agencies to cooperate with the committee and requires the review of mental health rate increases. The bill also creates the Mental Health Stabilization Act of 2009, including making legislative findings, increases reimbursement rates in mental health service codes, requires periodic reports to Joint Committee on Government and Finance. The bill also provides an implementation date and a termination date…Senate Bill 677 would  require any partnership, limited liability company, nonprofit corporation or business corporation conducting business in this state and who receives funds from this state to provide, upon request of any citizen and without charge, the names of whoever is vested with the management of the affairs of the particular entity by whatever name they may be called…Senate Bill 681 would provide a mandatory term of 10 years’ imprisonment for assault on certain persons, including judges, Emergency Medical Technicians, Firefighters and the state Fire Marshal, etc…Senate Bill 690 would create reciprocity for West Virginia small, women and minority-owned businesses who receive these preferences in other states…House Bill 3328 is the companion measure…Senate Bill 694 would establish a Statewide Intrastate Mutual Aid System to assist local governments and other entities in event of emergency situations…Senate Bill 695 would limit state employees to a lifetime payment of $25,000 for unused sick leave…Senate Bill 729 would establish the 21st Century Economic Development Fund, depositing some severance tax dollars from coal extraction into the fund for use in enhancing growth and development in the areas such as emerging technologies, energy conservation, alternative fuels and similar projects. Also refer to Senate Bill 755.…Senate Bill 754 would codify laws relating to fireworks…

House Bill 3284 would allow local governments to levy a sales tax on food for uses specified by the county commission and municipalities…House Bill 3309 would create the state Supreme Court Public Campaign Financing Act…House Bill 3312 require new or increased municipal fees to have a defined purpose regarding usage… House Bill 3324 would, among other things, require that 5 percent of the precinct ballots be manually counted only during any recount and not during the election canvass…House Bill 3327 relates to contingency compensation received by lobbyists such as “money or any other thing of value” the lobbyist receives for successful lobbying…

 

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
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