April 5, 2013 - Volume 33 Issue 17


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.


√ Opening Day - January 9, 2013: Assemble to organize by election of officers and open and publish election returns. (WV Const. Art. VI, §18)

√ First Day - February 13, 2013: First day of session. (WV Const. Art. VI, §18)

√ Twentieth Day - March 4, 2013: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

√ Forty-first Day - March 25, 2013: Last day to introduce bills in the Senate and the House. (Senate Rule 14), (House Rule 91a) Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.

√ Forty-seventh Day - March 31, 2013: Bills due out of committees in house of origin to ensure three full days for readings.

√ Fiftieth Day - April 3, 2013: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

Sixtieth Day - April 13, 2013: Adjournment at midnight. (WV Const. Art. VI, §22)



"Remember, Lady Godiva put all she had on a horse and she lost her shirt!" - W. C. Fields (William Claude Dukenfield (January 29, 1880 – December 25, 1946), known as W. C. Fields, was an American comedian, actor, juggler and writer.)

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

The following is a listing of Senate and House of Delegates public education and public education-related bills having been adopted  by their respective houses as of the 50th day of the session which is commonly known as “cross-over day.” (In order for a bill to be viable, it must be approved by its house of origin by the 50th day.)  The listing should not be taken as exhaustive. Additionally, the reference to each bill or resolution generally includes the latest version, although I have omitted references to amendments. I have used the legislative short title which, in fact, may not reflect committee or floor amendments that will alter the title if the measure(s) were adopted by the Legislature. For more information, please refer to the West Virginia Legislature’s website which is Finally, bills and resolutions  specifically by the Senate and House Education Committees are highlighted. 115 bills are tracked.  



House Bill 2940. Relating to regional meetings among certain officials of county boards of education.  Senate 1st Reading 4/5/13. (Senate laid over on 1st reading 4/4/13.)

House Bill 3159. Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems. Senate Education.

House Bill 3160. Providing for a pilot initiative on governance of schools jointly established by adjoining counties. Senate Education.



School Employees
Senate Bill 80. Including substitute teaching in job duties of certain professional educators employed by county boards.From House Calendar, 1st reading, placed on Special Calendar 4/5/13.

Senate Bill 355. Relating to final wage payment to discharged employees. House Judiciary.

House Bill 2470. Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children. Senate Education.

House Bill 2531. Relating to the practice of speech-language pathology and audiology. Senate Government Organization.

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.) Senate Education.

House Bill 2966. Relating to employment and privacy protection. Senate Judiciary.


Senate Bill 430. Defining "employment term" in Teachers' Defined Contribution Retirement System. Senate. House adopted. Communicated action to Senate 4/4/13.



House Bill 2716. Relating to the West Virginia Fairness in Competitive Bidding Act. Senate Labor.


Public School Support Program
House Bill 2360. Relating to public school support computation of local share. Senate Education.

House Bill 2727. Relating to the school aid formula. Senate Education.


Senate Bill 421. Exempting certain school mascot from prohibition of firearms possession on school grounds. (Relates to mascot for Parkersburg South High School.) 3rd reading, House Special Calendar 4/5/13.

House Bill 2265. Relating to the school access safety act. Senate Education.

House Bill 2729. Allowing schools to voluntarily maintain and use epinephrine auto-injectors. House. Senate 1st Reading 4/5/13.


House Bill 2861. Relating to continued enrollment of at-risk student in public school. Senate Education.



House Bill 2979. Relating to broadband deployment projects.  Senate Government Organization.


Consolidated Public Employment Retirement Board
Senate Bill 431. Relating to public employer liability for delinquent retirement contributions. House adopted. Communicated action to Senate. 


Court of Claims
Senate Bill 496. Finding and declaring certain claims against state (including state Department of Education). House communicated action to Senate.

House Bill 2897. Declaring certain claims against the state and its agencies to be moral obligations of the state. Senate Finance.


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. Referred to House Roads and Transportation.

Senate Bill 354. Requiring study on alternative revenue sources for funding state roads. House Roads and Transportation.

Senate Bill 553. Relating to Highway Design-Build Program.


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.) House Judiciary.


Division of Personnel
Senate Bill 347. Requiring Public Employees Grievance Board provide training seminars to certain persons. House Government Organization.


Ethics Commission
House Bill 2747. Relating to Open Governmental Proceedings. Senate Government Organization.


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. House Education.

Senate Bill 438. Authorizing reorganization of certain community and technical colleges. House Finance.

Senate Bill 444. Relating to higher education generally. House Education.

House Bill 2361. Relating to the definition of "eligible veteran" for certain state training and employment preference benefits. Senate 1st Reading 4/5/13.

House Bill 2490. Providing for the appointment of veterans advocates at state institutions of higher education. Senate Military then Senate Education.

House Bill 2491. Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military. Senate Military then Senate Education.

House Bill 314. Authorizing certain legislative rules regarding higher education. Senate 1st Reading 4/5/13.

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.


House Bill 3013. Authorizing the establishment of job creation work groups. Completed Legislation awaiting Governor's signature.


Public Employees Retirement System (PERS)
Senate Bill 469. Clarifying service credit for certain PERS members. House Pensions and Retirement.


Public Employees Insurance Agency (PEIA)
Senate Bill 22. Requiring maternity and contraceptive coverage for all health insurance plan dependents. House Judiciary.

Senate Bill 458. Permitting PEIA health plans to operate on calendar-year basis. From House Calendar, 2nd reading, placed on Special Calendar 4/5/13


Secondary Schools Activities Commission
Senate Bill 336. Relating to interscholastic athletics concussions and head injuries.
House Judiciary.


Secretary of State
House Bill 2542. Relating to publication of the State Register. Senate Government Organization.


West Virginia Board of Education
Senate Bill 359. Relating generally to reforming public education. Completed Legislation awaiting Governor's signature.

House Bill 3157. Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning. Senate Education then Senate Finance.

House Bill 3158. Relating to legislative oversight of education system performance and progress. Senate Education.

Senate Bill 663. Creating WV Feed to Achieve Act. House Education.


State Government – Executive Agencies
House Bill 2124. Creating new code sections which separate the executive departments. Senate Government Organization.

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.  House Government Organization.
House Bill 2825. Relating to certain appointive state officers’ salaries.  Senate Government Organization.


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.

Senate Bill 664. Decreasing appropriations of public moneys in State Fund, General Revenue.  House Finance.


State Government – Miscellaneous Boards
House Bill 2603. Relating to the Family Protection Services Board. Senate Government Organization.


State Government –Performance Reviews
Senate Bill 544. Scheduling departmental performance reviews (includes W. Va. Department of Education and the Arts). House Government Organization.


State Government – Workers
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. Senate Pensions.


Workers Compensation
House Bill 3069. Providing that attorney fees may be awarded in workers’ compensation medical treatment cases; and providing fee limits. Senate Judiciary.


County Governments
Senate Bill 527. Relating to process of filling vacancies in certain elected offices. House Judiciary.

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 Judiciary.

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 Government Organization.

House Bill 2851. Establishing a one-time audit cost amnesty program for local governments with delinquent audit costs. Senate Finance.

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. Senate Finance.


Senate Bill 435. Continuing Municipal Home Rule Pilot Program. House Government Organization. 2nd reading, Special Calendar 4/5/13. 

Senate Bill 564. Increasing minimum construction cost of municipal public works project before competitive bidding is required. House Political Subdivisions.


House Bill 2968. Authorizing the use of an additional medium for use in archiving the records. Senate Government Organization.



Child Welfare / Juveniles
Senate Bill 407. Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement. House Judiciary.

Senate Bill 481. Relating to Juvenile mental health treatment.  House Judiciary.

Senate Bill 601. Removing requirement certain juvenile proceedings be sealed. House Judiciary.

Senate Bill 624. Adjusting penalties for willful failure to pay child support. House Judiciary.

House Bill 246. Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act." Senate Judiciary.

House Bill 2314. Authorizing a family court judge to order a child to be taken into custody in emergency situations. Senate 1st Reading 4/5/13.

House Bill 2453. Expanding the Amber Alert Plan; "SKYLAR'S LAW.”  Senate Judiciary.

House Bill 2780. Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services. Senate Judiciary.

House Bill 2815. Clarifying and modifying the process of appointing and terminating guardians for minors. Senate Judiciary.

House Bill 3086. Relating to juvenile services and criminal justice institutions. Senate Laid over on 1st reading 4/4/13.


Courts / Crimes

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. House Education.


Senate Bill 116. Relating to crimes against property involving graffiti. 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. House Judiciary.

Senate Bill 464. Regulating tanning facilities (has provisions affecting persons under age 18.) House Judiciary.

Senate Bill 533. Modifying definitions of "domestic battery" and "domestic assault.”  House Judiciary.

House Bill 2357. Relating to sexting by minors. Senate Judiciary.

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. Senate Judiciary. (First reference to Senate Government Organization.)

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. Senate Judiciary.

House Bill 2548. Increasing the criminal penalties for assaults and batteries against athletic officials. Senate Judiciary.

House Bill 2550. Adding criminal offense of receiving materials depicting minors in sexually explicit conduct. Senate Judiciary.

House Bill 2814. Relating to human trafficking. Referred to Senate Judiciary.


Senate Bill 145. Amending election complaint procedures. 2nd reading, House Special Calendar 4/5/13

Senate Bill 477. Relating to electronic registration of voters. House Judiciary.

Senate Bill 482. Relating to sale of voter registration lists. House Judiciary.

Senate Bill 535. Relating to process for maintaining voter registration lists. House Finance.

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 64. Expanding definition of "electioneering communication.” House Judiciary.

House Bill 3135. Relating generally to voting system certification and procedures at the central counting center. Senate Judiciary. 


Senate Bill 492. Authorizing "rural resort community" as limited gaming facility House Judiciary.


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. House Judiciary.

Senate Bill 638. Terminating certain severance tax exemption for production of natural gas or oil. House 3rd reading with restricted right to amend, Special Calendar 4/5/13

House Bill 2585. Increasing the time to file a petition in response to notice of an increased assessment. Senate 1st Reading 4/5/13.

House Bill 2600. Creating resort area districts. Senate Economic Development.

House Bill 2847. Relating to the collection of delinquent real property and personal property taxes. Senate Judiciary.

House Bill 358. Relating to the valuation of motor vehicles for purposes of ad valorem property taxes. Senate Transportation and Infrastructure.

House Bill 3072. West Virginia coal employment enhancement act. Senate Energy Industry and Mining.


House 2778. Defining alternative nicotine products and electronic cigarettes. Senate Health and Human Resources.


Senate Bill 353. Establishing First Informer Broadcasters Act. Senate. Referred to House Veterans' Affairs and Homeland Security