Bills

Overview

Inside

McKinley Architects & Engineers

Williamson Shriver Architects

The Thrasher Group

April 7, 2014 - Volume 34 Issue 18

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.

 

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

The following is a listing of House and Senate  legislation adopted during the West Virginia Legislature’s  2014 Regular Session which adjourned sine die March 8, 2014, as well as four bills adopted during a special session which followed the regular session. The reference to each bill includes the wording of the Enrolled or final version as considered by the governor.  For purposes of consistency, the legislative short title is used. 

Note:  According to the West Virginia Legislature, 201 Bills (105 House Bills, 96 Senate Bills) were adopted during the regular session.  Nine Bills (5 House Bills, 4 Senate Bills) were adopted during the special session, which adjourned March 14, 2014.  (These bills are highlighted in blue.)  Bills having been vetoed by the governor are indicated with red ink.

For more information, please refer to the West Virginia Legislature’s website which is http://www.legis.state.wv.us

__

 

Public Education

At-Risk Youths

Senate Bill 253. Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Curricula – Driver’s Education

House Bill 4373. Relating to driver education programs. Approved by Governor 3/7/14. Effective Ninety Days from Passage - (May 25, 2014).

 

Dropouts/Truancy – Dual Jurisdiction to Counties

House Bill 4003. Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies. Approved by Governor 3/20/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Dyslexia / Dyscalculia.

House Bill 4608. Defining Dyslexia and Dyscalculia. Approved by Governor 4/1/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Expelled Students

Senate Bill 252. Allowing certain expelled students to return to school through Juvenile Drug Court. Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Expired Education Statutes

House Bill 4228. Repealing or removing certain portions of education-related statutes that have expired.  House adopted.  Approved by Governor 3/31/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Innovation School Districts

House Bill 4619. Authorizing Innovation School Districts. Approved by Governor 4/1/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Literacy

House Bill 4618. Establishing transformative system of support for early literacy. Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 3, 2014).

 

Exceptional  Needs Students (IEPs)

House Bill 4384. Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Public School Support – Local Share Computation

Senate Bill 1009. Relating to computation of local share for public school support purposes. Approved by Governor 3/31/14. Effective from passage - (March 14, 2014).

 

School Employees – CDL issuance

Senate Bill 431. Relating to issuance and renewal of certain driver's licenses and federal ID cards. (One particular provision relates to Commercial Driver’s License issuance.) Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 5, 2014).

 

School employees - salary increase

Senate Bill 391. Providing salary increase for teachers and school service personnel. Approved by Governor 3/31/14.  Effective July 1, 2014.

 

School employees – teacher planning periods

Senate Bill 477. Providing teachers determine use of time during planning period.  Vetoed by Governor 4/1/14.

 

School and other employees – HVAC work

House Bill 4392. Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers.  Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 4, 2014).

 

Special Needs Students – Participation in Graduation Ceremonies

Senate Bill 209. Allowing special needs students to participate in graduation ceremonies. Approved by Governor 3/28/14.  Effective from passage - (March 6, 2014).

 

Student data

House Bill 4316. Creating the Student Data Accessibility, Transparency and Accountability Act. Approved by Governor 4/1/14. Effective Ninety Days from Passage - (June 6, 2014).  

 

Higher Education – Administrative leadership of Potomac campus of WVU and WVU Institute of Technology

Senate Bill 483. Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology. Approved by Governor 3/14/14. Effective from passage - (March 6, 2014).

 

Higher Education – Appointments to commissions

Senate Bill 426. Relating to appointments to certain higher education commissions, councils and boards. Vetoed by Governor 3/31/14.

 

Higher Education – Compensating officials, officers and employees

Senate Bill 322. Providing state compensate officials, officers and employees every two weeks. Approved by Governor 3/14/14. Effective July 1, 2014.

 

Higher Education - Center for Nursing

House bill 4188. Updating the authority and responsibility of the Center for Nursing. Completed Legislation awaiting Governor's signature. Approved by Governor 3/20/14. Effective from passage - (March 5, 2014).

 

Higher Education – EDGE

House Bill 4457. Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program. Approved by Governor 3/21/14. Effective from passage - (March 5, 2014).

 

Higher Education - Health Sciences Scholarship Program

Senate Bill 394. Re-designating Health Sciences Scholarship Program as Health Sciences Service Program. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 4, 2014).  

 

Higher Education – Land Grant Institutions

House Bill 4496. Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund.  Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 4, 2014).

 

Higher Education – School of Osteopathic Medicine

Senate Bill 460. Permitting School of Osteopathic Medicine invest certain moneys in its foundation. Approved by Governor 3/7/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Teachers Retirement System (TRS) – Employer Contributions

House Bill 4365. Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 3, 2014).

 

Teachers Retirement System (TRS) – Reciprocal service

Senate Bill 452. Relating to Teachers Retirement System (TRS) annuity calculation of member with reciprocal service credit. Approved by Governor 3/7/14. Effective Ninety Days from Passage - (May 20, 2014).  

 

Education-Related

Governmental Entities – Benefits Programs

Senate Bill 395. Relating to operation and oversight of certain human services benefit programs. Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 6, 2014).   

 

Governmental Entities – Board of Public Works

House Bill 4149. Allowing members of the Board of Public Works to be represented by designees and to vote by proxy. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 5, 2014).

 

Governmental Entities – Budget Bill

Senate Bill 306. Approved by Governor with deletions and reductions 3/19/14.  Effective from passage - (March 14, 2014).  

 

Governmental Entities - Cedar Lakes Conference Center

House Bill 4270. Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Governmental Entities – Division of Juvenile Services.

House Bill 4437. Relating to the Division of Juvenile Services. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Governmental Entities - Emergency Preparedness

House Bill 4147.Relating to emergency preparedness. Approved by Governor 3/21/14. Effective from passage - (March 8, 2014).

 

Governmental Entities – Employees (Absence with Pay During State of Emergency)

House Bill 4254. Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency. Vetoed by Governor 3/31/14.

 

Governmental Entities – Ethics Commission Composition of Members

House Bill 4298. Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Governmental Entities – Future  Fund

Senate Bill 461. Creating Future Fund.  Approved by Governor 3/20/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Governmental Entities – Lottery-related Revenues

House Bill 101. Relating to the transfer of certain revenues derived from lottery activities. Approved by Governor 3/31/1/4. Effective from passage - (March 14, 2014).

 

House Bill 106. Relating to debt service on bonds secured by the State Excess Lottery Revenue Fund. Approved by Governor 3/31/14. Effective from passage - (March 14, 2014).

 

Governmental Entities - Project Launchpad Act

House Bill 4343. West Virginia Project Launchpad Act.  Vetoed by Governor 3/31/14.

 

Governmental Entities -Publicly-owned vehicles

House Bill 4601. Relating to fiscal management and regulation of publicly-owned utilities. House adopted.referef Approved by Governor 4/1/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Governmental Entities – Purchasing Reform

Senate Bill 356. Relating to purchasing reform. Approved by Governor 3/24/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Governmental Entities – Revenue Shortfall Reserve Fund Borrowing

Senate Bill 393. Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund. Approved by Governor 3/24/14. Effective from passage - (March 8, 2014).  

 

Governmental Entities - Authorizing salary increase for county officials

Senate Bill 1005. Authorizing salary increase for county commissioners and elected county officials. Approved by Governor 3/31/14. Effective Ninety Days from Passage - (June 12, 2014).

 

Parental Rights Restrictions

House Bill 4139. Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse. Approved by Governor 3/24/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Child Welfare – Child’s Right to Nurse

House Bill 4335. Relating to a child's right to nurse. House adopted. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Crimes - Criminal offenses for child neglect

House Bill 4005. Relating to criminal offenses for child abuse and child neglect. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 6, 2014). 

 

Crimes – Domestic Battery Definition Modification

House Bill 4445. Modifying the definition of "battery" and "domestic battery." Approved by Governor 3/31/14. Effective Ninety Days from Passage - (June 12, 2014).

 

Crimes - Possession of Child Pornography

House Bill 4006. Relating to the possession and distribution of child pornography. Approved by Governor 3/24/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Courts / Judicial Matters – Grand Jury Questionnaires

Senate Bill 470. Providing completed grand jury questionnaires are confidential. Approved by Governor 3/14/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Courts / Judicial Matters – Juvenile Records

House Bill 4504. Providing for sharing juvenile records in certain circumstances with another state.  Approved by Governor 3/7/14. Effective Ninety Days from Passage - (May 29, 2014).

 

Courts / Judicial Matters – Sentencing reform

House Bill 4210. Juvenile sentencing reform. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Courts / Judicial Matters - Labor Organizations

House Bill 3156. Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee.  Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 6, 2014).  

 

Courts / Judicial Matters – Purchasing Cards (Unauthorized Usage)

Senate Bill 267. Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use. Approved by Governor 3/24/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Elections - Elections for Public School Purposes

House Bill 4302. Relating to elections for public school purposes. Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 4, 2014).  

 

Employment – Minimum Wage

House Bill 4283. Raising the minimum wage. Approved by Governor 4/1/14. Effective Ninety Days from Passage - (June 5, 2014).

 

Employment – OSHA

Senate Bill 376. Requiring certain construction workers complete OSHA safety program.  Approved by Governor 3/26/14. Effective July 1, 2014.

 

Employment – Pregnant Workers’ Fairness Act

House Bill 4284. Pregnant Workers' Fairness Act. Approved by Governor 3/21/14. Effective Ninety Days from Passage - (June 4, 2014).

 

Workforce Investment Council

House Bill 4196. Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs. Approved by Governor 3/21/14.   Effective Ninety Days from Passage - (June 5, 2014).

 

Taxation – Property Assessment Appeals

Senate Bill 601. Relating to property assessment appeals. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).

 

Taxation – TIF Exemptions

Senate Bill 375. Excluding certain personal property from TIF assessment. Approved by Governor 3/27/14. Effective Ninety Days from Passage - (June 6, 2014).   

 

Taxation – Natural Resources Appraisals

Senate Bill 416. Relating to tentative appraisals of natural resources property.  Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 2, 2014).

 

Taxation – Mobile Home Personal Property Exemption 

Senate Bill 574. Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.  Approved by Governor 3/28/14. Effective from passage - (March 8, 2014).

 

Alcohol – Underage Drinking

House Bill 4402.  Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor. Approved by Governor 3/26/14. Effective Ninety Days from Passage - (June 3, 2014).

 

Tobacco – Alternative Nicotine Products

House Bill 4237. Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under age 18. Approved by Governor 3/28/14. Effective Ninety Days from Passage - (June 6, 2014).