Bills

April 12, 2013 - Volume 33 Issue 19

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.

 

 

√ 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!" - 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 a listing of active Senate and House of Delegates public education and public education-related bills as we as five resolutions.  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 http://www.legis.state.wv.us Finally, bills adopted specifically by the Senate and House Education Committees are highlighted. One hundred fifteen (115) bills are tracked.

 

 

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. Senate 2nd reading.

 

 

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. 3rd reading  House Special Calendar.  

House Bill 2470. Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children. Senate 2nd reading.

House Bill 2531. Relating to the practice of speech-language pathology and audiology.  Senate  2nd reading.

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 2nd reading.

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.

 

 

Construction

House Bill 2716. Relating to the West Virginia Fairness in Competitive Bidding Act. Senate 2nd reading.

 

Public School Support Program

House Bill 2360. Relating to public school support computation of local share. Senate 2nd reading.  

House Bill 2727. Relating to the school aid formula. Senate 2nd reading.

 

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.  

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. Senate 2nd reading.

 

 

Broadband

House Bill 2979. Relating to broadband deployment projects. Senate adopted. Communicated action to House.

 

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. Senate 2nd reading.

 

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. 2nd reading House Special Calendar.

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.) 1st reading  House  Special Calendar.

 

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. Senate 2nd reading.

 

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. 2nd reading  House Special  Calendar.

Senate Bill 438. Authorizing reorganization of certain community and technical colleges. 2nd reading House Special Calendar.

Senate Bill 444. Relating to higher education generally. 2nd reading House Special Calendar.

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. Senate 2nd reading.

House Bill 2491. Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military. (First reference to Senate Military.) Senate 2nd reading.

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. 3rd reading  House  Special Calendar.

 

Public Employees Insurance Agency (PEIA)

Senate Bill 22. Requiring maternity and contraceptive coverage for all health insurance plan dependents. 2nd reading House Special Calendar. 

Senate Bill 458. Permitting PEIA health plans to operate on calendar-year basis.

 

Secondary Schools Activities Commission

Senate Bill 336. Relating to interscholastic athletics concussions and head injuries. 2nd reading House  Special Calendar.

 

Secretary of State

House Bill 2542. Relating to publication of the State Register. Senate adopted. Communicated action to House.

 

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, and capacity of schools and school systems to improve student learning.  Senate 2nd reading.

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

Senate Bill 663. Creating WV Feed to Achieve Act. 3rd reading House Special Calendar.

 

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. 2nd reading House Special Calendar.

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. Senate 2nd reading.

 

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 Office3rd reading, House  Special Calendar.

Senate Bill 664. Decreasing appropriations of public moneys in State Fund, General Revenue. 3rd reading House Special Calendar.

 

State Government – Miscellaneous Boards

House Bill 2603. Relating to the Family Protection Services Board. Senate 3rd Reading.

 

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. Senate  2nd reading.

 

Workers Compensation

House Bill 3069. Providing that attorney fees may be awarded in Workers’ Compensation medical treatment cases; and providing fee limits. Senate 2nd reading.

 

County Governments

Senate Bill 527. Relating to process of filling vacancies in certain elected offices. 2nd reading  House Special Calendar

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 2nd reading.

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. Senate 2nd reading.

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 3rd reading.

 

Municipalities

Senate Bill 435. Continuing Municipal Home Rule Pilot Program. House Government Organization. House adopted communicated action to Senate.

 

Miscellaneous

House Bill 2968. Authorizing the use of an additional medium for use in archiving the records. Senate 3rd reading.

 

 

Child Welfare / Juveniles

Senate Bill 407. Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement. 3rd reading House Special Calendar.

Senate Bill 481. Relating to Juvenile mental health treatment. 3rd reading House Special Calendar.

Senate Bill 601. Removing requirement certain juvenile proceedings be sealed. 2nd reading House Special Calendar.

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." Senate 3rd reading.

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.” Senate 3rd reading.

House Bill 2780. Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services. Senate 2nd reading.

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.

 

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. 3rd reading House Special Calendar.

 

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. 2nd reading House Special Calendar.

Senate Bill 464. Regulating tanning facilities (has provisions affecting persons under age 18.) 3rd reading House Special Calendar.

Senate Bill 533. Modifying definitions of "domestic battery" and "domestic assault.” 1st reading House Special Calendar.

House Bill 2357. Relating to sexting by minors. Senate 3rd reading.

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. Senate 2nd reading.

House Bill 2548. Increasing the criminal penalties for assaults and batteries against athletic officials. Senate 3rd reading.

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

House Bill 2814. Relating to human trafficking. Senate 2nd reading.

 

Elections

Senate Bill 145. Amending election complaint procedures. 3rd Reading, Completed Legislation awaiting Governor's signature.

Senate Bill 477. Relating to electronic registration of voters. 3rd reading House Special Calendar. 

Senate Bill 482. Relating to sale of voter registration lists. 3rd reading House Special Calendar.

Senate Bill 535. Relating to process for maintaining voter registration lists. 3rd reading House Special Calendar.

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.” 3rd reading House Special Calendar.

House Bill 3135. Relating generally to voting system certification and procedures at the central counting center. Senate 3rd reading. 

 

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. 2nd Reading House Special Calendar.

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. House/Senate Conference Committee.

House Bill 2600. Creating resort area districts. 2nd reading to Senate  Finance 4/10/13. ( First reference toSenate Economic Development.)

House Bill 2847. Relating to the collection of delinquent real property and personal property taxes. Senate 2nd reading.

House Bill 3058. Relating to the valuation of motor vehicles for purposes of ad valorem property taxes. Senate Transportation and Infrastructure.

 

Tobacco

House 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 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 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.

Senate Concurrent Resolution 52. Requesting Joint Committee on Government and Finance study tobacco use. Senate Rules.

House Joint Resolution 11. The "Homestead Exemption Increase Amendment.” House Finance.

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 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 Concurrent Resolution 141. Requesting a study to require social workers to be employed in each public school, K through 8 in the state.

House Concurrent Resolution 148. Requesting the Joint Committee on Government and Finance to undertake a study of current procurement and purchasing procedures. House Rules.  NOTE:  Resolution language not available.

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. NOTE: Resolution language not available.