Expanded Bill Almanac

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

The following is a listing of Senate and House education and education-related bills having “active status,” meaning each measure has been adopted by their house of origin and referred to the other chamber for consideration.

Thus, the listing does not include the entirety of bills considered by the Senate and House Education Committees – or other committees - as previously reported in various issues of The Legislature.

Additionally, each listing contains links to the West Virginia Legislature’s Website as far as “reference.” 

Finally, the listing should not be considered exhaustive.

Please contact WVSBA if you need additional information regarding any particular legislative measure. You may telephone 304.346.0571 or contact me.  My preferred contact information is hocull@wvsba.org

 

PUBLIC EDUCATION

Senate Bills

• Senate Bill 56 (Sens. Edgell, Foster, Unger, Wells and Plymale), awarding National Board for Professional Teaching Standards salary bonus to certain teachers; providing that a classroom teacher holding NBPTS certification who subsequently becomes employed as a school principal, assistant school principal or in another position in an instructional leadership capacity receives the salary bonus. Status:  Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB56%20SUB1.htm&yr=2009&sesstype=RS&i=56
  
  
• Senate Bill 57 (Sens. Edgell and Kessler), relating to certain school coaches' requirements; excluding coaching employment from the calculation on the limit on the number of days a Teachers Retirement System retiree may be employed, meaning a retiree may be employed as a coach up to three hours per day without this time being included in the calculation of the 140-day limit; eliminating United States citizenship as a condition of certification; certificates and permits to coach in public schools; removing imitation on service as a coach under certain conditions, including instances where a  currently employed certified professional educator has not applied for a coaching position. Additionally, the bill makes various technical corrections and deletes obsolete language. Status: Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB57%20SUB1.htm&yr=2009&sesstype=RS&i=57

• Senate Bill 66 (Sen. Oliverio), establishing the procedure for county school boards to return unused donated personal leave days back to the donors. Status: Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb66%20intr.htm&yr=2009&sesstype=RS&i=66
  
  
• Senate Bill 238 (Sens. McCabe, Palumbo, Kessler, Snyder, Foster and Wells), adding "sexual orientation" to the categories covered by the Human Rights Act prohibiting discrimination in employment and places of public accommodations. This bill also provides clarification as to an exemption from the "sexual orientation" employment-based proscriptions of this bill for "religious institutions" and offers, for the purposes of this article, a definition thereof. This bill also adds "age" and "sexual orientation" to the categories covered by the Fair Housing Act prohibiting discrimination in housing. It defines "sexual orientation" as "heterosexuality, bisexuality or homosexuality, whether actual or perceived." Senate adopted; referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB238%20SUB1.htm&yr=2009&sesstype=RS&i=238
  
  
• Senate Bill 243 (Sens. McCabe, Caruth, Plymale and Prezioso),  updating state Code for consistency with the current practices and procedures required for issuing general obligation bonds through competitive sale and the West Virginia Constitution; providing that the issuer is not required to designate the series of bonds in the election order; providing that the bond resolution does not have to set forth the date of issuance, the denominations of the bonds, the medium with which the bonds are payable or the terms of redemption; allowing issuers to establish a maximum rate of interest in the bond resolution; allowing issuers to make semiannual payments on principal and interest; lengthening the time an issuer is required to begin making debt service payments by a year from the date of issuance; requiring issuers to register bonds and eliminating reference to coupon bonds; allowing issuers to accept electronic bids; and allowing an issuer to publish an abbreviated sale of notice when advertising the sale of bonds. Status: Passed Senate; Referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB243%20SUB1.htm&yr=2009&sesstype=RS&i=243
  House Finance amendments: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/SB243%20HFIN%20AM%204-3.htm

• Senate Bill 249 (Sens. Tomblin and Caruth [by request of the governor]), relating to the school calendar. Passed Senate; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB249%20SUB2%20eng.htm&yr=2009&sesstype=RS&i=249

• Senate Bill 251 (Sens. McCabe, Green, Stollings, Plymale, Facemire, Kessler and Bowman), authorizing county commissions, municipalities and county boards receiving state lottery revenues to issue bonds secured by such lottery revenues to construct public projects. According to the Bill Note, this will allow county commissions, municipalities and county boards to construct more public projects which create jobs and stimulates the economy. Status: Senate adopted; referred to House Political Subdivisions then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb251%20intr.htm&yr=2009&sesstype=RS&i=251

• Senate Bill 257 (Sens. Browning, Green, Stollings, Wells, Plymale and Chafin), establishing a nonvoting student position on county boards. Status: Senate adopted; referred to House Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB257%20SUB1.htm&yr=2009&sesstype=RS&i=257
  
  
• Senate Bill 258 (Sens. Tomblin and Caruth [at the request of the governor]), clarifying that local fiscal bodies, including county boards, cannot be held liable for deficits arising from Other Post-Employment Benefits (OPEB). Status: Senate adopted; referred to House Judiciary then House Finance; has been referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB258%20SUB1.htm&yr=2009&sesstype=RS&i=258
  House Judiciary amendments - http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/SB258%20H%20JUD%20AM%204-3%20_1.htm

• Senate Bill 274 (Sens. Sypolt and Williams), allowing county boards to enter into lease-purchase agreements. Status: Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB274%20SUB1.htm&yr=2009&sesstype=RS&i=274
  
  
• Senate Bill 333 (Sens. Prezioso, Unger, Barnes, Foster, Jenkins, Yost, Williams, Green, Chafin and Oliverio), basing school nurse ratios on total net enrollment – one nurse per 1,500 students (net enrollment); requiring county boards to employ at least one full-time nurse, and allowing county boards to contract with a public health department for services considered equivalent to those required by this section in accordance with a plan to be approved by the state board; other provisions. Status: Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB333%20SUB1%20eng.htm&yr=2009&sesstype=RS&i=333

• Senate Bill 485 (Sens. Stollings, Kessler, White, Plymale, Foster, Laird and Minard), requiring all children who enter a public or private school for the first time, whether it be in Kindergarten or Grade 1, to provide adequate proof of having undergone a dental examination by a licensed dentist unless, as an exception, the dental examination is “impossible or improper or by producing proof of other sufficient reason why the dental examination should not be performed.”; other sections relate to teacher responsibility, full-time county health officer responsibility; provisional enrollment, etc. Status: Senate adopted; referred to House Health and Human Resources. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB485%20SUB2.htm&yr=2009&sesstype=RS&i=485
  
  
• Senate Bill 498 (Plymale, Prezioso, Kessler, Wells, Foster, Jenkins, Stollings and Unger), relating to Early Childhood Education (ECE). Comprehensive measure. Status; Senate adopted; referred to House Education then House Finance. Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB498%20SUB2.htm&yr=2009&sesstype=RS&i=498
  
  
• Senate Bill 513 (Sens. Tomblin and Caruth [introduced on behalf of the governor]), relating to the hiring, termination, transfer and reassignment of school personnel; endorsed by Governor’s Jobs Cabinet. Status: Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB513%20SUB1%20eng.htm&yr=2009&sesstype=RS&i=513
  
  
• Senate Bill 635 (Sens. Plymale and Foster), replacing 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 with a requirement that the State Board of Education promulgate a rule; and eliminating the Process for Improving Education Council. Status: Senate adopted; referred to House Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb635%20intr.htm&yr=2009&sesstype=RS&i=635

 

     

House Bills

• House Bill 2069 (Dels. Iaquinta, Anderson, M. Poling, Crosier, Fragale, Miley and Duke), increasing the faculty senate allotment for classroom teachers and librarians from $50 to $100, to be spent on academic materials, supplies or equipment to enhance instruction. Status: House adopted; referred to Senate Education then Senate Finance; second reference dispensed; Senate Second Reading April 6, 2009. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2069%20intr.htm&yr=2009&sesstype=RS&i=2069
  
  
• House Bill 2470 (Dels. Williams, Shaver, Perry, Hartman, Romine, Michael and Sumner), exempting all K-12 schools from paying sales tax on items the schools sell. Status: House adopted; referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2470%20HED%20AM%203-3.htm
  
  
• House Bill 2530 (Dels. Perry and M. Poling), relating to further defining professional support personnel (Public School Support Program). Status: House adopted; referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2530%20SUB.htm&yr=2009&sesstype=RS&i=2530
  House education amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2530%20HED%20AM%202-27.htm
  
  
• House Bill 2538 (Dels. Perry and M. Poling), relating to supplemental funding for programs for students with limited English proficiency and learning English as a second language; providing framework for the distribution of appropriations of funds for the programs; requiring application by county boards to receive funding; and requiring state board rule to implement provisions. Status: House adopted; referred to Senate Education then Senate Finance; Second Reading to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2538%20SUB.htm&yr=2009&sesstype=RS&i=2538
  House Education amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2538%20HED%20AM%202-27.htm
  
  
• House Bill 2686 (Dels. Walker, D. Poling, Caputo, Boggs, Klempa, Ferro, Butcher, Stephens and Hutchins), relating to employee work breaks; requiring 20 consecutive minutes for meal breaks; and requiring 10-minute rest periods for certain employees during each four hours of work. Status: House adopted; referred to Senate Labor then Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2686%20SUB.htm&yr=2009&sesstype=RS&i=2686
  House Industry and Labor amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2686%20H%20IL%20AM%203-18.htm
  
  
• House Bill 2832 (Dels. Thompson and Armstead [at the request of the governor]), relating to critical skills evaluations for students in Grades 3-8. providing for state board rules to effectuate section; establishing minimum provisions of rules; providing condition for promotion for certain students under certain circumstances; requiring suitable facilities by county boards; preserving teacher's judgment on student retention decisions; and preserving Individualized Education Plans (IEPs) from effect of section. Status: House adopted; referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2832%20SUB.htm&yr=2009&sesstype=RS&i=2832
  House Education amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2832%20HED%20AM%203-20.htm
  
  
• House Bill 2836 (Dels. Thompson and Armstead [at the request of the governor]), establishing School Innovation Zones Act. Status: House adopted; referred to Senate Education then Senate Finance. Senate Finance deferred action March 31, 2009. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2836%20SUB.htm&yr=2009&sesstype=RS&i=2836
  
  
• House Bill 2967 (Dels. M. Poling, Paxton and Michael), encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after 10 years. The bill continues the salary bonus for renewed certificates and provides for reimbursement of renewal fees. The bill also continues bonus eligibility if the holder accepts employment as principal or assistant or in another school level instructional leadership position. Status: House adopted; referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2967%20intr.htm&yr=2009&sesstype=RS&i=2967
  
  
• House Bill 2985 (Dels. Ennis, Spencer, Rowan, Pethtel, Romine, Cann, Ferro, Michael, Smith, Williams and Paxton), relating to providing information on the West Virginia Schools for the Deaf and Blind to the parent or guardian of a child with certain visual or auditory impairment. Status: House adopted; referred to Senate Education then Senate Judiciary; Senate Education deferred action April 2. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2985%20SUB.htm&yr=2009&sesstype=RS&i=2985
  
  
• House Bill 3105 (Dels. Klempa, Hutchins, Schoen, Ferro, Hamilton, Ennis, Brown, Varner, Ellem, Pethtel and Caputo), relating to increasing safety of school children that use school buses; increasing the criminal penalties for failure to stop a vehicle before reaching a school bus with flashing warning signal lights, and providing additional circumstances which increase the periods of ineligibility for parole upon sentences for certain felony convictions for the distribution of controlled substances in the proximity of students awaiting, boarding or exiting a school bus. Status: House adopted; referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3105%20ENG%20SUB.htm&yr=2009&sesstype=RS&i=3105
  
  
• House Bill 3146 (Dels. Moye, Perry, Shaver, Caputo, Fragale and Rodighiero), relating to seniority rights for school service personnel. Status: House adopted; referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3146%20SUB.htm&yr=2009&sesstype=RS&i=3146
  
  
• House Bill 3208 (Dels. Fragale, Williams, Duke, Shott and Smith), including county board members’ hours of training on school district report cards; several other provisions. Status: House adopted; referred to Senate Education then Senate Finance. Senate Education adopted amended bill; reference to Senate Finance dispensed; Senate Second Reading April 6. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3208%20SUB.htm&yr=2009&sesstype=RS&i=3208

• House Bill 3313 (Dels. Cann, Varner, Klempa, Craig and Manchin), allowing 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. Status: House adopted; referred to Senate Banking and Insurance then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3313%20intr.htm&yr=2009&sesstype=RS&i=3313

 

Higher Education

• Senate Bill 63 (Sens. Plymale, Jenkins and White), relating to increasing the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher Education Improvement Fund for higher education from $10 million to $15 million. Status: Senate adopted; referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb63%20intr.htm&yr=2009&sesstype=RS&i=63

• Senate Bill 373 (Sens. Tomblin and Caruth [by request of the governor]), relating to the Promise Scholarship, including dissolution of the  PROMISE Scholarship Board and transferring its powers and duties to the Higher Education Policy Commission and under the oversight of the Vice Chancellor for Administration; requiring the vice chancellor to submit an annual report; defining terms; authorizing investment of certain funds with the West Virginia Investment Management Board; raising by two percent the aggregate percentage amount the Legislature should allocate to PROMISE scholarship program; setting a minimum amount for the PROMISE scholarship annual award and authorizing the Higher Education Policy Commission to provide annual awards greater than the minimum under certain circumstances if funds are available; providing conditions under which PROMISE scholarship annual awards are continued to certain students under certain circumstances; clarifying that a PROMISE scholarship may supplement certain tuition and fee waivers; authorizing the Higher Education Policy Commission to promulgate rules; and increasing funding allocated from the State Excess Lottery Revenue Fund by $2 million. Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB373%20SUB2%20eng.htm&yr=2009&sesstype=RS&i=373

• Senate Bill 435 (Sens. Plymale, Chafin, Jenkins, Unger and White), establishing the “Learn and Earn Cooperative Education Program,”  a venture  between eligible community and technical colleges and participating companies for students enrolled in technical programs; other provisions; Senate adopted; referred to House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb435%20intr.htm&yr=2009&sesstype=RS&i=435

• Senate Bill 638 (Sens. Plymale, Unger, Jenkins and McCabe), relating to higher education capital facilities. Status: passed Senate; referred o House Education then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB638%20SUB2.htm&yr=2009&sesstype=RS&i=638

• House Bill 2241 (Dels. Eldridge, Marshall, Miley and Caputo), relating to credit card solicitation on college campuses. Status: Passed House; referred to Senate Education. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2241%20SUB.htm&yr=2009&sesstype=RS&i=2241
  
  
• House Bill 2335 (Dels. Thompson and Armstead [by request of the governor]), relating to higher education tuition and fee waivers; tuition and fee waivers for certain military personnel; the federal "Yellow Ribbon G.I. Education Enhancement Program"; requiring state institutions of higher education to participate in the program; requiring state institutions of higher education to enter into agreements with the United States Secretary of Veterans Affairs to provide matching contributions toward the cost of tuition and mandatory fees not otherwise covered under the Post-9/11 Veterans Educational Assistance Act of 2008; and clarifying residency requirement for certain tuition and fee waivers. Status: House adopted; referred to Senate Education then Senate Finance; second reading to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2335%20SUB.htm&yr=2009&sesstype=RS&i=2335
  House Education amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2335%20HED%20AM%202-27.htm
  
  
• House Bill 2904 (Dels. M. Poling and Paxton), authorizing rules for higher education. Status: House adopted; referred to Senate Education; Senate Third Reading April 6. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2904%20SUB.htm&yr=2009&sesstype=RS&i=2904
  
  
• House Bill 2961 (Dels. Fleischauer, Marshall, Beach, Shook, Pethtel, Shaver, Varner, Morgan, Perry, Reynolds and Craig), relating to the administration of institutions of higher education in West Virginia generally; requiring training and development opportunities for members of the Higher Education Policy Commission, the Council for Community and Technical College Education and the institutional governing boards; revising criteria for membership of the institutional governing boards and the manner in which the membership is determined; and requiring the governor to consider certain factors and seek a certain balance when appointing members. Status: House adopted; referred to Senate Education then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2961%20SUB.htm&yr=2009&sesstype=RS&i=2961
  House Education amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2961%20H%20ED%20AM%203-24.htm
  
  
• House Bill 3295 (Del. White), relating to the West Virginia State Treasurer's Office; transferring a onetime sum of $8 million from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Fund; setting $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; authorizing investment of the Unclaimed Property Trust Fund; and facilitating payments by the state where the owner has died.  Status: Passed House; referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3295%20intr.htm&yr=2009&sesstype=RS&i=3295

 

Public Employees Insurance Agency (PEIA)

 

• Senate Bill 452 (Sens. Minard, Helmick, McCabe, Chafin and Facemire), authorizing the Director of the Public Employees Insurance Agency to promulgate rules for underwriting requirements for non-state employers which participate with the agency. Status: Passed Senate; referred to House Government Organization then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb452%20intr.htm&yr=2009&sesstype=RS&i=452
  
  
• Senate Bill 464 (Sens. Minard, Helmick, McCabe and Chafin), authorizing PEIA to charge fees for paper transactions. Status: Passed Senate; referred to House Government Organization then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb464%20intr.htm&yr=2009&sesstype=RS&i=464
  
  
• Senate Bill 481 (Sens. Minard, Green, Helmick and McCabe), requiring employers to provide PEIA officials with “all documentation reasonably required for the director to discharge the responsibilities (under this article of law). This documentation shall include, but not be limited to, employment records sufficient to verify actual full-time employment of the employer's employees who participate in the Public Employees Insurance Agency plans.” Status: Senate adopted; referred to House Government Organization. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb481%20intr.htm&yr=2009&sesstype=RS&i=481
  
  
• Senate Bill 492 (Sens. Minard, Helmick and McCabe), specifying terms of participation in the Public Employees Insurance Agency by clarifying that dependents must live with the employee and by prohibiting public employees hired on or after July 1, 2009, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency upon retirement. Status: Senate adopted; referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb492%20intr.htm&yr=2009&sesstype=RS&i=492
  
  
• Senate Bill 588 (Sen. Bowman), repealing section of Code creating Public Employees Insurance Agency Advisory Board. Status: Senate adopted; Referred to House Government Organization; Third Reading, Special Calendar April 6. Reference:  http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb588%20intr.htm&yr=2009&sesstype=RS&i=588
  
  
• House Bill 2767 (Dels. Manchin, Beach, Cann, Doyle, Lawrence, Miley, Tabb and Varner), changing the membership of the PEIA Financial Board by changing the number of citizen members from four to three, then require the position of the former citizen member be taken by a person who is an interested person from a participating political subdivision. Status: House adopted; referred to Senate Government Organization then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2767%20SUB.htm&yr=2009&sesstype=RS&i=2767
  House Political Subdivision Amendment: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/amendments/HB2767%20PS%20AM%203-16.htm

Teachers Retirement System (TRS)

• House Bill 2703 (Del. Spencer), making technical changes to the Teachers' Retirement System Act; to define "employer error"; to clarify the definition of "member"; to specify cessation of membership; to provide for the correction of errors; to clarify loan offsets at time of withdrawal; to permit rollovers of any dollar amount; and to permit loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit. Status: House adopted; referred to Senate Pensions then Senate Finance; Second Reference dispensed; Senate Second Reading April 6. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hb2703%20intr.htm
  
  
• House Bill 2734 (Del. Spencer), clarifying that upon withdrawal from either the Teachers' Retirement System or the Teachers' Defined Contribution Retirement System, members are eligible to receive a return of their member contributions. Status: House adopted; referred to Senate Pensions then Senate Finance; second reference dispensed; Senate Second Reading April 6. Reference: http://www.legis.state.wv.us/Bill_Text_HTML/2009_SESSIONS/RS/Bills/hb2734%20intr.htm
  
  
• House Bill 2870 (Dels. Paxton, Stowers, Perry, Caputo, Boggs, Pethtel, Fragale, M. Poling, Duke, Campbell and Spencer), relating to extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; and similarly extending the time for loans for such buyback. Status: House adopted; referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2870%20SUB.htm&yr=2009&sesstype=RS&i=2870

 

PUBLIC EDUCATION-RELATED

Alcohol

• Senate Bill 75 (Sens. Kessler, Guills and White), changing the use of alcoholic beverages by minors from a status offense to an act of juvenile delinquency. Status: Senate adopted; referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB75%20SUB1.htm&yr=2009&sesstype=RS&i=75

• House Bill 2887 (Dels. Lawrence, Phillips, D. Poling, Stowers, Ferro, Argento and Schadler), relating to increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol; and removing the exception that relatives may furnish alcohol to a minor.  Status: House adopted; referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2877%20SUB.htm&yr=2009&sesstype=RS&i=2877

 

Child Welfare

• Senate Bill 307 (Sens. Prezioso, Boley, Caruth, Foster, Stollings, Jenkins, Guills, White and Kessler), developing a maternal risk assessment advisory council; providing for legislative findings; setting forth responsibilities of the advisory council; providing for legislative rule-making authority within the Department of Health and Human Resources to develop a uniform maternal risk screening tool; providing for applicability of the screening tool once developed; and providing confidentiality of the tool. Status: Senate adopted; referred to House Health and Human Resources then House Finance. Second reference dispensed; House adopted April 3. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB307%20SUB1.htm&yr=2009&sesstype=RS&i=307

• House Bill 2868 (Dels. Hunt, White, Webster, Perdue, Paxton, Hatfield, Moore, Tabb, Spencer  and Wells), relating to the creation and maintenance of the West Virginia Children With Autism Trust Fund; creating a tax credit for parents and guardians contributing to a qualified trust fund against personal income tax obligations; providing for the limited carryover of unused tax credits; providing for the tax effects of earnings, proceeds and distributions for qualifying trust funds; making legislative findings; establishing legislative purposes; definitions; providing for the creation of trust fund; establishing eligibility criteria; providing mechanism for disbursements and maintenance; creating administrative account; providing for administration through the State Treasurer; providing for establishment of advisory board; membership of board; establishing reporting requirements; providing rule-making authority. Status: House adopted; referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2868%20ENG%20SUB.htm&yr=2009&sesstype=RS&i=2868
  
  
• House Bill 3336 (Del. Perdue), authorizing 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. Status: House adopted; referred to Senate Health and Human Resources then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3336%20intr.htm&yr=2009&sesstype=RS&i=3336

 

 

Crimes

• Senate Bill 740 (Sen. Green), relating to obscene, harassing and threatening communications via the internet. Status: Senate adopted; referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB740%20SUB1%20eng.htm&yr=2009&sesstype=RS&i=740

• House Bill 2952 (Dels. Webster, Barker, Brown, Ferro, Hunt. Longstreth, Miley, Perry, Shook, Staggers and Ellem), clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act. Status: Passed House; referred to Senate Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2952%20intr.htm&yr=2009&sesstype=RS&i=2952

 

Governmental Entities

• Senate Bill 497 (Sens. Kessler, Jenkins, Stollings and Unger), relating to the West Virginia Partnership to Promote Community Well-Being; designating the partnership as the single state planning authority for substance abuse prevention, intervention and recovery; setting forth powers and duties; establishing a special revenue account; and requesting authorization for partnership recommendations as to certain federal grants. Status: Senate adopted; referred to House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb497%20intr.htm&yr=2009&sesstype=RS&i=497
  
  
• House Bill 2684 (Dels. Moore, Webster, Brown, Overington and Schadler), authorizing drug courts; providing for the structure of drug courts; authorizing drug court teams; establishing eligibility requirements for drug courts; providing treatment and services to participants; establishing drug testing procedures; providing for oversight and rule-making authority of the supreme court of appeals; collecting and maintaining information on drug court candidates and participants; funding; providing for immunity from liability; and establishing the manner in which the Act is to be construed. Status: House adopted; referred to Senate Judiciary then Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2684%20SUB.htm&yr=2009&sesstype=RS&i=2684

 

Juveniles

 

• Senate Bill 99 (Sen. White), relating to providing a judge has the discretion to impose the original sentence on a youthful offender who has completed the treatment program at a juvenile center but commits another crime before returning to the court for the sentencing hearing; and providing for the offender to receive credit for time served. Status: Senate adopted; referred to House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB99%20SUB1.htm&yr=2009&sesstype=RS&i=99

• Senate Bill 341 (Sens. Kessler and White), transferring authority to administer the juvenile justice database from the Department of Military Affairs and Public Safety to the West Virginia Supreme Court of Appeals. Status: Senate adopted; referred to House Judiciary; House adopted April 3. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB341%20SUB1.htm&yr=2009&sesstype=RS&i=341

• Senate Bill 398 (Sen. Foster), strengthening West Virginia's graduated licensing statute so as to conform to recommendations by the National Safety Council and other experts aimed at keeping new teen drivers out of high-risk situations and protecting all highway users while teen drivers gain driving experience. One provision states, “For the first (6) months after issuance of a (Level II) Intermediate driver's license, the licensee may not operate a motor vehicle carrying any passengers less than (20) years old, unless these passengers are family members of the licensee; for the second (6) months after issuance of a (Level II) intermediate driver's license, the licensee may not operate a motor vehicle carrying more than (1) passenger less than (20) years old, unless these passengers are family members of the licensee…” Status: Senate adopted; referred to House Roads and Transportation Committee the House Judiciary. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB398%20SUB2.htm&yr=2009&sesstype=RS&i=398

• House Bill 2569 (Dels. Perry, Boggs, Morgan and Ellem), creating a special revenue account in the State Treasury known as the Juvenile Services Offender Fund to facilitate reimbursement of expenses incurred by the Division of Juvenile Services in housing juvenile status offenders. Status: House adopted; referred to Senate Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2569%20ENG%20SUB.htm&yr=2009&sesstype=RS&i=2569

• House Bill 3083 (Dels. Andes, Border, Anderson, Perdue, Hamilton, Caputo, Perry, Miley, Hatfield, Wooton and Webster), Permitting blood donations by persons age 16 with parental consent. Status: has completed legislative action. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb3083%20ENR.htm&yr=2009&sesstype=RS&i=3083

 

Unemployment Compensation

 

• Senate Bill 246 (Sens. Tomblin and Caruth [by request of the governor]), creating a temporary state Unemployment Compensation solvency assessment; providing for a temporary solvency assessment if the balance of the fund falls below certain funded levels; providing for removal of the temporary solvency assessment; requiring written notice to employers when assessment will be collected and terminated; providing for collection of delinquencies and penalties; providing that the maximum weekly benefit rate shall not increase or decrease while temporary solvency assessments are being imposed; providing for an alternative base wage and authorizing benefits there under; requiring notice to employer when employee quits for health reasons; requiring written certification from physician within thirty days; classifying certain conduct as gross misconduct; defining lockout and strike; and providing that an employee who voluntarily retires is not eligible for unemployment. Status: Senate adopted; referred to House Judiciary then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB246%20SUB1.htm&yr=2009&sesstype=RS&i=246

 

Workers’ Compensation

 

• Senate Bill 537 (Sens. Minard and McCabe), changing date on which governmental bodies may purchase workers' compensation insurance in the private market (among many other provisions) from 2012 to 2010. Status: Senate adopted; referred to House Judiciary then House Finance. Reference: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB537%20SUB1%20eng.htm&yr=2009&sesstype=RS&i=537

 

 

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”