Bills
“The less people know about how sausage and laws are made, the better they'll sleep at night” – Attributed to Otto von Bismarck (1815-1898), Prussian prime minister.
Bill Derby - And They're Off!
"Remember, Lady Godiva put all she had on a horse and she lost her shirt!" - William Claude Dukenfield (1880-1946), known as W. C. Fields, American comedian, actor, juggler and writer.
By Howard M. O’Cull, Ed.D.,
West Virginia School Board Association Executive Director
The following is the post-session status of 115 Senate and House of Delegates public education and public education-related bills as well as 42 concurrent resolutions. The listing may not be exhaustive. Due to amendments which may have been adopted during the last few days of the 2013 legislative session, I have omitted references to legislation except that which has been approved by the governor. Additionally, I have used the legislative short title which, in fact, may not reflect committee or floor amendments that alter the title of the measure(s) as finally adopted by the Legislature. For more information, please refer to the West Virginia Legislature’s website which is http://www.legis.state.wv.us Measures failing to be adopted are highlighted in red.
County Boards
House Bill 2940. Relating to regional meetings among certain officials of county boards of education. Completed Legislation awaiting Governor's signature.
House Bill 3159. Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems. Completed Legislation awaiting Governor's signature.
House Bill 3160. Providing for a pilot initiative on governance of schools jointly established by adjoining counties. Completed legislation awaiting Governor’s signature.
School Employees/Retirement
School Employees
Senate Bill 80. Including substitute teaching in job duties of certain professional educators employed by county boards. Completed Legislation awaiting Governor's signature.
Senate Bill 355. Relating to final wage payment to discharged employees. Completed Legislation awaiting Governor's signature.
House Bill 2470. Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children. Completed Legislation awaiting Governor's signature.
House Bill 2531. Relating to the practice of speech-language pathology and audiology. Completed legislation awaiting Governor’s signature.
House Bill 2563. Reducing the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students. Senate Education.
House Bill 2570. Relating to the West Virginia Public Employees Grievance Procedure. Senate Government Organization.
House Bill 2764. Relating to compulsory school attendance (concerns attendance directors and their assistants.) Completed Legislation awaiting Governor's signature.
House Bill 2966. Relating to employment and privacy protection. Senate Judiciary.
Retirement
Senate Bill 430. Defining "employment term" in Teachers' Defined Contribution Retirement System. Senate. Completed Legislation awaiting Governor's signature.
General Topics
Construction
House Bill 2716. Relating to the West Virginia Fairness in Competitive Bidding Act. Completed Legislation awaiting Governor's signature.
Public School Support Program (PSSP)
House Bill 2360. Relating to public school support computation of local share. House refused to accept Senate amendments, asking Senate to recede. No action taken by Senate, thus legislation was defeated.
House Bill 2727. Relating to the school aid formula. Completed Legislation awaiting Governor's signature.
Schools
Senate Bill 421. Exempting certain school mascot from prohibition of firearms possession on school grounds. (Relates to mascot for Parkersburg South High School.) Completed Legislation awaiting Governor's signature.
House Bill 2265. Relating to the school access safety act. Senate 2nd reading. Senate amended, asking House to concur. No action taken by House, thus legislation was defeated.
House Bill 2729. Allowing schools to voluntarily maintain and use epinephrine auto-injectors. Completed Legislation awaiting Governor's signature.
Students
House Bill 2861. Relating to continued enrollment of at-risk student in public school. Completed Legislation awaiting Governor's signature.
Government Entities
Broadband
House Bill 2979. Relating to broadband deployment projects. Senate adopted. Completed Legislation awaiting Governor's signature.
Consolidated Public Employment Retirement Board
Senate Bill 431. Relating to public employer liability for delinquent retirement contributions. Completed Legislation awaiting Governor's signature.
Court of Claims
Senate Bill 496. Finding and declaring certain claims against state (including state Department of Education). Completed Legislation awaiting Governor's signature.
House Bill 2897. Declaring certain claims against the state and its agencies to be moral obligations of the state. (Also includes state Department of Education.) Completed Legislation awaiting Governor's signature.
Development Office
Senate Bill 187. Creating Jobs Impact Statement Act. House Judiciary.
Division of Corrections
House Bill 2809. Authorizing the Division of Corrections to implement a responsible parent program pilot project. House. Referred to Senate Finance. (First reference to Senate Judiciary.)
Division of Highways
Senate Bill 190. Relating to public-private transportation projects funding. Completed Legislation awaiting Governor's signature.
Senate Bill 354. Requiring study on alternative revenue sources for funding state roads. House Finance. (First reference to House Roads and Transportation.)
Senate Bill 553. Relating to Highway Design-Build Program. Completed Legislation awaiting Governor's signature.
Division of Purchasing
Senate Bill 565. Creating reverse auction pilot program for purchasing office supplies. In terms of the bill, “reverse auction” means a process by which bidders compete to provide supplies, materials or equipment in an open and interactive market, including but not limited to, the Internet. Reverse auction bids are opened and made public upon receipt by the director, and then bidders are given the opportunity to submit revised bids until the bidding process is complete. The contract is awarded to the lowest responsible bidder.) 2nd reading House Special Calendar 4/13/13.
Division of Personnel
Senate Bill 347. Requiring Public Employees Grievance Board provide training seminars to certain persons. House Judiciary. (First reference to House Government Organization.)
Ethics Commission
House Bill 2747. Relating to Open Governmental Proceedings. Completed Legislation awaiting Governor's signature.
Higher Education Policy Commission
Senate Bill 98. Creating Shale Research, Education, Policy and Economic Development Center at WVU. House Education.
Senate Bill 326. Establishing appropriation request process for higher education system. House Finance.
Senate Bill 394. Relating to scholarships for dependent children of state troopers who die in performance of duty. Completed Legislation awaiting Governor's signature.
Senate Bill 438. Authorizing reorganization of certain community and technical colleges. Completed Legislation awaiting Governor's signature.
Senate Bill 444. Relating to higher education generally. Completed Legislation awaiting Governor's signature.
House Bill 2361. Relating to the definition of "eligible veteran" for certain state training and employment preference benefits. Completed legislative action awaiting Governor’s signature.
House Bill 2490. Providing for the appointment of veterans advocates at state institutions of higher education. Completed Legislation awaiting Governor's signature.
House Bill 2491. Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military . Completed Legislation awaiting Governor's signature.
House Bill 3104. Authorizing certain legislative rules regarding higher education. Completed Legislation awaiting Governor's signature.
House Bill 3162. Expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances, and modifying criteria for eligibility (West Virginia Research Trust Fund). Senate Education.
Legislature
House Bill 3013. Authorizing the establishment of job creation work groups. Governor has approved legislation.
Public Employees Retirement System (PERS)
Senate Bill 469. Clarifying service credit for certain PERS members. Completed Legislation awaiting Governor's signature.
Public Employees Insurance Agency (PEIA)
Senate Bill 22. Requiring maternity and contraceptive coverage for all health insurance plan dependents. Completed Legislation awaiting Governor's signature.
Senate Bill 458. Permitting PEIA health plans to operate on calendar-year basis. Completed Legislation awaiting Governor's signature.
Secondary Schools Activities Commission
Senate Bill 336. Relating to interscholastic athletics concussions and head injuries. Completed Legislation awaiting Governor's signature.
Secretary of State
House Bill 2542. Relating to publication of the State Register. Completed Legislation awaiting Governor's signature.
West Virginia Board of Education
Senate Bill 359. Relating generally to reforming public education. Governor has approved legislation.
House Bill 3157. Restoring the authority, flexibility. Completed Legislation awaiting Governor's signature.
House Bill 3158. Relating to legislative oversight of education system performance and progress. Senate Education.
Senate Bill 663. Creating WV Feed to Achieve Act. Completed Legislation awaiting Governor's signature.
State Government – Executive Agencies
Senate Bill 569. Requiring appointment of State Fire Marshal be with advice and consent of Senate. House Government Organization.
Senate Bill 630. Relating to Chief Technology Officer's duties with regard to security of government information. Completed Legislation awaiting Governor's signature.
House Bill 2124. Creating new code sections which separate the executive departments. Senate 2nd reading to Senate Finance 4/10/13.
House Bill 2825. Relating to certain appointive state officers’ salaries. Completed Legislation awaiting Governor's signature.
State Government - General Revenue / Supplemental Appropriations
Senate Bill 191. Relating to increasing maximum aggregate funding to Revenue Shortfall Reserve Fund. House Finance.
Senate Bill 523. Making supplementary appropriation of “unappropriated” moneys to various accounts, including Secretary of Education and the Arts Office . Completed Legislation awaiting Governor's signature.
Senate Bill 664. Decreasing appropriations of public moneys in State Fund, General Revenue. Completed Legislation awaiting Governor's signature.
State Government – Miscellaneous Boards
House Bill 2603. Relating to the Family Protection Services Board. Completed Legislation awaiting Governor's signature.
State Government –Performance Reviews
Senate Bill 544. Scheduling departmental performance reviews (includes W. Va. Department of Education and the Arts). Completed Legislation awaiting Governor's signature.
State Government – Employees
Senate Bill 599. Expanding number of hours temporary state personnel may work. House Finance.
House Bill 2469. Increasing the cap on earnings during temporary reemployment after retirement. Completed Legislation awaiting Governor's signature.
Workers Compensation
House Bill 3069. Providing that attorney fees may be awarded in Workers’ Compensation medical treatment cases; and providing fee limits. Completed Legislation awaiting Governor's signature.
County Governments
Senate Bill 527. Relating to process of filling vacancies in certain elected offices. Completed Legislation awaiting Governor's signature.
House Bill 2397. Authorizing a county commission to temporarily fill vacancies in certain offices. Senate Judiciary. (First reference to Senate Government Organization.)
House Bill 2434. Relating to compensation in the magistrate court system. Senate amended, asking House to concur. House communication not received, thus legislation was defeated.
House Bill 2766. Creating the "West Virginia Winner" program. Senate Finance.
House Bill 2849.Relating to audits and investigations by the chief inspector of public offices. Senate 2nd reading to Judiciary 4/9/13.
House Bill 2851. Establishing a one-time audit cost amnesty program for local governments with delinquent audit costs. Completed Legislation awaiting Governor's signature.
House Bill 2913. Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated distributed or directed to a state or local governmental subdivision . Completed Legislation awaiting Governor's signature.
Municipalities
Senate Bill 435. Continuing Municipal Home Rule Pilot Program. House Government Organization. Completed Legislation awaiting Governor's signature.
Miscellaneous
House Bill 2968. Authorizing the use of an additional medium for use in archiving the records. Completed Legislation awaiting Governor's signature.
Education-Related
Child Welfare / Juveniles
Senate Bill 407. Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement. Completed Legislation awaiting Governor's signature.
Senate Bill 481. Relating to Juvenile mental health treatment. Completed Legislation awaiting Governor's signature.
Senate Bill 601. Removing requirement certain juvenile proceedings be sealed. Completed Legislation awaiting Governor's signature.
Senate Bill 624. Adjusting penalties for willful failure to pay child support. House Judiciary.
House Bill 2046. Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act." Completed Legislation awaiting Governor's signature.
House Bill 2314. Authorizing a family court judge to order a child to be taken into custody in emergency situations. Completed Legislation awaiting Governor's signature.
House Bill 2453. Expanding the Amber Alert Plan; "SKYLAR'S LAW.” Completed Legislation awaiting Governor's signature.
House Bill 2780. Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services. Completed Legislation awaiting Governor's signature.
House Bill 2815. Clarifying and modifying the process of appointing and terminating guardians for minors. Completed Legislation awaiting Governor's signature.
House Bill 3086. Relating to juvenile services and criminal justice institutions. . Completed Legislation awaiting Governor's signature.
Courts / Crimes
Courts
Senate Bill 582. Implementing terms of Uniform Arbitration Act. House Judiciary.
Senate Bill 584. Creating Pretrial Release Program. House Judiciary.
Senate Bill 623. Relating to funding for probation officers to address truancy. Referred to conference. This measure appeared to have died in conference committee.
Crimes
Senate Bill 116. Relating to crimes against property involving graffiti. House Finance. (First reference to House Judiciary.)
Senate Bill 338. Relating to liability of possessor of real property for harm to trespasser. House Judiciary.
Senate Bill 365. Relating to certain criminal conviction expungement, including clarifying that retirement or employment benefits lost due to conviction are not reinstated due to expungement. House Judiciary.
Senate Bill 461. Relating to procedures and protections for child witnesses in domestic relations proceedings. Completed Legislation awaiting Governor's signature.
Senate Bill 464. Regulating tanning facilities (has provisions affecting persons under age 18.) Completed Legislation awaiting Governor's signature.
Senate Bill 533. Modifying definitions of "domestic battery" and "domestic assault.” 2nd reading House Special Calendar.
House Bill 2357. Relating to sexting by minors. Completed Legislation awaiting Governor's signature.
House Bill 2471. Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency. Completed Legislation awaiting Governor's signature.
House Bill 2498. Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted. Completed Legislation awaiting Governor's signature.
House Bill 2548. Increasing the criminal penalties for assaults and batteries against athletic officials. Completed Legislation awaiting Governor's signature.
House Bill 2550. Adding criminal offense of receiving materials depicting minors in sexually explicit conduct. Senate Judiciary.
House Bill 2814. Relating to human trafficking. Completed Legislation awaiting Governor's signature.
Elections
Senate Bill 145. Amending election complaint procedures. Completed Legislation awaiting Governor's signature.
Senate Bill 477. Relating to electronic registration of voters. Completed Legislation awaiting Governor's signature.
Senate Bill 482. Relating to sale of voter registration lists. Completed Legislation awaiting Governor's signature.
Senate Bill 535. Relating to process for maintaining voter registration lists. Completed Legislation awaiting Governor's signature.
Senate Bill 570. Cleaning up outdated language in code relating to elections. House Judiciary.
Senate Bill 579. Updating code relating to absentee and early in-person voting. House Judiciary.
Senate Bill 604. Expanding definition of "electioneering communication.” Completed Legislation awaiting Governor's signature.
House Bill 3135. Relating generally to voting system certification and procedures at the central counting center. Completed Legislation awaiting Governor's signature.
Gaming
Senate Bill 492. Authorizing "rural resort community" as limited gaming facility House Finance. (First reference to House Judiciary.)
Taxation
Senate Bill 159. Creating Uniform Real Property Transfer on Death Act. House Finance.
Senate Bill 489. Permitting community enhancement districts to decrease annual property assessments. Completed Legislation awaiting Governor's signature.
Senate Bill 638. Terminating certain severance tax exemption for production of natural gas or oil. Completed Legislation awaiting Governor's signature.
House Bill 2585. Increasing the time to file a petition in response to notice of an increased assessment. Completed Legislation awaiting Governor's signature.
House Bill 2600. Creating resort area districts. Completed Legislation awaiting Governor's signature.
House Bill 2847. Relating to the collection of delinquent real property and personal property taxes. Completed Legislation awaiting Governor's signature.
House Bill 3058. Relating to the valuation of motor vehicles for purposes of ad valorem property taxes. Senate Transportation and Infrastructure.
Tobacco
House Bill 2778. Defining alternative nicotine products and electronic cigarettes. Senate Health and Human Resources.
Miscellaneous
Senate Bill 353. Establishing First Informer Broadcasters Act. Senate. Referred to House Veterans' Affairs and Homeland Security.
Resolutions
Senate Concurrent Resolution 38. Requesting Joint Committee on Government and Finance study Moving Ahead for Progress in 21st Century program. Senate adopted. House Rules.
Senate Concurrent Resolution 42. Requesting Joint Committee on Government and Finance study state's purchasing process and procedures. Senate Rules.
Senate Concurrent Resolution 43. Requesting Joint Committee on Government and Finance study feasibility of regional testing for examinations by state agencies, boards, commissions and entities. Senate Rules.
Senate Concurrent Resolution 48. Requesting Joint Committee on Government and Finance study availability of affordable housing. Senate adopted. House Rules.
Senate Concurrent Resolution 49. Requesting Joint Committee on Government and Finance study impact of Limited Video Lottery Act on children and poverty. Select Committee on Children and Poverty then Senate Rules.
Senate Concurrent Resolution 52. Requesting Joint Committee on Government and Finance study tobacco use. Senate adopted. House Rules.
Senate Concurrent Resolution 69. Requesting Joint Committee on Government and Finance study West Virginia Project Launchpad Act. Senate adopted. House Rules.
Senate Concurrent Resolution 72. Requesting Joint Committee on Government and Finance study methods to increase salaries of elected county officials. Senate Rules.
Senate Concurrent Resolution 74. Requesting Joint Committee on Government and Finance study local funding of public libraries. Senate Rules.
Senate Concurrent Resolution 75. Requesting Joint Committee on Government and Finance study privately-owned licensed residential facilities for certain school-aged children. Senate Rules.
Senate Concurrent Resolution 78. Requesting Joint Committee on Government and Finance study authorizing PSC to oversee Internet service providers. Senate Rules.
Senate Concurrent Resolution 79. Requesting Joint Committee on Government and Finance study equalization of
magistrate pay. Senate adopted. Communicated action to House.
House Concurrent Resolution 44. Requesting a study on the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia. Senate Judiciary then Senate Rules.
House Concurrent Resolution 51. Requesting a study on the economic impact of federal laws and regulations upon the sovereign rights of the State of West Virginia and our citizens. House adopted. Communicated action to Senate.
House Concurrent Resolution 69. Requesting a study on the impact of the $200 million in economic development grants used during the Governor Wise administration. House adopted resolution. Communicated action to Senate.
House Concurrent Resolution 83. Requesting a study on viable alternatives to placing children in maximum security environments. Senate Judiciary then Senate Rules.
House Concurrent Resolution 98. Requesting a study on the feasibility of obtaining a waiver of the federal requirement relating to state/federal matching highway funds based on a proposed funding model. Senate Rules.
House Concurrent Resolution 105. Requesting a study on the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit. Completed legislative action.
House Concurrent Resolution 107. Expressing support for the President's proposal to increase the minimum wage to $9 per hour from $7.25 per hour. House adopted. Referred to Senate Rules.
House Concurrent Resolution 114. Requesting the Joint Committee on Government and Finance to study the authority of structure of Department of Health and Human Resources (DHHR). House Rules.
House Concurrent Resolution 115. Requesting the Joint Committee on Government and Finance to study the current medical exemption process for immunizations in West Virginia. House Rules.
House Concurrent Resolution 123. Requesting a study of the feasibility of reapportioning the number of magistrates among our counties. House adopted. Communicated action to Senate.
House Concurrent Resolution 131. Supporting the goals and ideals of the National Day of Silence in bringing attention to anti-lesbian, gay, bisexual and transgender name-calling, bullying and harassment faced by individuals in schools. House Rules.
House Concurrent Resolution 134. Requesting a study on whether employees of the State whose salaries are not set my statute should be granted an annual salary increase of $1,000 per year. House adopted. Communicated action to Senate.
House Concurrent Resolution 138. Requesting that the Joint Committee on Government and Finance authorize a study on state recognition of Native American Tribes. Senate Rules.
House Concurrent Resolution 140. Recognizing July 16 as "Atomic Veterans Day of Remembrance" in West Virginia. Completed legislative action.
House Concurrent Resolution 141. Requesting a study to require social workers to be employed in each public school, K through 8 in the state. House adopted. Communicated action to Senate.
House Concurrent Resolution 142. Urging Congress to swiftly take bipartisan, concrete action to address the growing scourge of prescription drug abuse in West Virginia and other states. House adopted. Communicated action to Senate.
House Concurrent Resolution 148. Requesting the Joint Committee on Government and Finance to undertake a study of current procurement and purchasing procedures. House Rules.
House Concurrent Resolution 149. Requesting the Joint Committee on Government and Finance to study the proposals of the executive department of this state for the disposition of general revenue surplus revenues. House Rules.
House Concurrent Resolution 152. Requesting the Joint Committee on Government and Finance to study how to engage West Virginia's large employers, public and private, to bring about a health-culture transformation. House adopted. Communicated action to Senate.
House Concurrent Resolution 154. Requesting the Joint Committee on Government and Finance to study the possible revision of the current law of the state relating to the disclosure of public records. House adopted. Communicated action to Senate.
House Concurrent Resolution 155. Requesting the Joint Committee on Government and Finance to conduct a study on better connecting the education system to workforce and career futures. House Rules.
House Concurrent Resolution 156. Requesting the Joint Committee on Government and Finance to conduct a study on establishing a comprehensive educator career development continuum. House Rules.
House Concurrent Resolution 157. Requesting the Joint Committee on Government and Finance to conduct a study on restoring the authority, flexibility, and capacity of schools and school systems. House Rules.
House Concurrent Resolution 158. Requesting the Joint Committee on Government and Finance to conduct a study on how the governance of Regional Education Service Agencies can be best aligned. House Rules.
House Concurrent Resolution 159. Requesting the Joint Committee on Government and Finance to conduct a study regarding higher education governance and capital projects. House Rules.
House Concurrent Resolution 160. Requesting the Joint Committee on Government and Finance to conduct a study regarding outcomes-based funding models used in higher education. House Rules.
House Concurrent Resolution 161. Requesting the Joint Committee on Government and Finance to conduct a study regarding the full cost of an education at the state institutions of higher education in West Virginia. House Rules.
House Concurrent Resolution 162. Requesting the Joint Committee on Government and Finance to conduct a study regarding the administrative level of the state institutions of higher education. House Rules.
House Concurrent Resolution 164. Requesting the Joint Committee on Government and Finance to study the feasibility of electing the West Virginia State Board of Education. House Rules.
House Concurrent Resolution 176. Requesting the Joint Committee on Government and Finance study the use of ‘model designs' for purpose of new school construction in West Virginia. House Rules.
