Legislative Record

March 2, 2018 - Volume 38 Issue 8

Legislative Record

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.

 

Editor’s Note: The Bill Register contains an abbreviated listing of active Senate and House of Delegates bills relating to public education, higher education and education-related measures. Links are provided to each of the measures which are listed by short or legislative title. Senate Bills are listed first. 

In that the listing is abbreviated, readers are encouraged to visit the West Virginia Legislature’s website for a comprehensive listing of active bills, using the “Bill Status” link -  http://wvlegislature.gov/Bill_Status/bill_status.c For additional information, you may contact West Virginia School Board Association Executive Director Howard M. O’Cull, Ed.D., - hocull@wvsba.org

A comprehensive listing of active bills will be provided in the March 7. 2018, issue of The Legislature.

Public Education

Senate Bills

SB62 – Adjusting requirements for hiring school attendance directors / Approved by Governor 2/21/18 (Effective 90 days from Passage - May 15, 2018) 

SB244 – Specifying conditions for unlawful possession of firearms at school-sponsored activities – House Education then House Judiciary  (Passed Senate 02/07/18) 

SB267 - IIncreasing salaries of certain state employees (includes public school employee pay increases) - Approved by Governor 2/21/18 (Effective July 1, 2018)

SB284 - Increasing access to career education and workforce training. House Education (2nd reference House Finance) 

SB335- Protecting employees' wages or salaries from being withheld or diverted for political activities. – House Judiciary (Passed Senate 02/09/18)  

SB494 - Considering members of State Teachers Retirement System absent while serving as officer with statewide professional association / House Pensions and Retirement then House Finance (Passed Senate 02/20/18)  

SB507 - Establishing Katherine Johnson Academy as magnet school programs at WV colleges and universities – House Education / 2nd reference House Finance (Passed Senate 02/27/18) 

Editor’s Note: Katherine Coleman Goble Johnson is an African-American mathematician who made contributions to the United States' aeronautics and space programs with the early application of digital electronic computers at NASA.  

SB534 - Increasing penalty for tobacco-related offenses on public school property – House Judiciary (
Senate passed 02/28/18) 

SB542 -Creating four-year middle high school pilot program as part of Upper Kanawha Valley Resiliency and Revitalization Program – Senate 2nd reading to Senate Finance 

SB561 - Increasing minimum contract price requiring execution of bond with respect to building or repairing school property. – House 1st reading, Special Calendar 03/02/18

SB572 - Creating Farm-to-School Grant Program – House Education / 2nd reference House Finance)  Senate passed 02/27/18)  

SB573- Relating generally to school calendars. Senate 2nd reading, 02/23/18. 

House Bills

HB2799 - Prohibiting the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit – Senate Education (Passed House 01/30/18) 

HB3061 - Encouraging mastery-based education through the Innovation In Schools program (The bill defines Mastery-based education as “…an education system where student progress is based upon a student's demonstration of mastery of competencies and content, not seat time or the age or grade level of the student.”) – Senate Education (Passed House 02/22/18) 

HB3089 - Relating to the adoption of instructional resources for use in the public schools – Senate Education (Passed House 01/22/18) 

HB4006 - Revising the processes through which professional development is delivered for those who provide public education – Senate Education (Passed House 01/31/18) 

HB4042 - Redefining school zone to facilitate placement of school zone signs – House Judiciary (1st reference House Education) 

HB4138 - Requiring certain public or private schools and daycare centers to install carbon monoxide detectors – Senate amended; requests House to concur (Passed Senate 03/02/18)

HB4145 - Increasing the annual salaries of members of the West Virginia State Police, public school teachers and school service personnel – Senate Tabled 03/01/18 

HB4219 - Permitting employees of educational services cooperatives to participate in the State Teachers Retirement System – Senate 3rd Reading 03/03/18

HB4407 - Relating to eligibility for alternative program teacher certificate – Senate Education (House passed 02/13/18) 

HB4428 - Allowing training hours earned through public school education or apprenticeship to count towards an applicant’s occupational certification – Senate Education (Passed House 02/20/18)

HB4478 - Authorizing public schools to distribute excess food to students – Senate 1st Reading (Passed House 02/21/18) 

HB4619 - Relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth House Finance- Completed legislative action 03/02/03 

Homeschooled students

Senate Bills

SB319 - Allowing individuals who completed home schooling be eligible for PROMISE scholarship without equivalent diploma - 1st reading, House Special Calendar 03/02/03 

SB364 – Allowing parent or legal guardian of homeschooled child provide signed statement for obtaining permit or license to operate motor vehicle  - Completed Legislation 

House Bills

HB4183 - Relating generally to standardized testing requirements for nonpublic schools – Senate Education (Passed House 01/29/18)

Higher Education

Senate Bills

SB284 – Increasing access to education and workforce training – House Education then House Finance (Passed Senate 01/31/18) 

SB346 - Permitting full-time nonresident students purchase lifetime resident hunting, trapping and fishing licenses – House Agriculture and Natural Resources then Finance – 1st Reading, Special Calendar 03/02/18

SB430 - Encouraging collaborative agreements between community and technical colleges and federally registered apprenticeship programs – Senate referred to Senate Rules Committee - 3rd Reading – 02/06/18

House Bills

HB4027 - Creating an education permit for allopathic physician resident – Communicated to Senate (Passed House 02/14/18)  

Editor’s Note:Allopathic medicine relates to or is a system of medicine that aims to combat disease by using remedies (such as drugs or surgery) which produce effects that are different from or incompatible with those of the disease being treated. In many instances the term is used to refer to "the broad category of medical practice that is sometimes called Western medicine  or modern medicine,” especially by adherents of  homeopathic medicine or those who advocate use of alternative medicines. There are many other definitions.

HB4156 - Establishing the qualifications of full and part time nursing school faculty members – Senate Health and Human Resources (passed House 02/07/18) 

HB4178 - Permitting certain portions of certified nurse aide training to be provided through distance learning technologies –  Senate 1st Reading 03/02/18 

HB4235 - Permitting full-time nonresident students attending an in-state college or university to purchase lifetime resident hunting, trapping, and fishing licenses – House 3rd Reading, House Calendar 03/02/18

HB4251 -  Permitting employees of baccalaureate institutions and universities outside of this state to be appointed to board of governors – Senate Education (Passed House 02/05/18)

HB4298 - The Campus Self Defense Act – House Judiciary (1st reference House Education) 

HB4622 - Relating to authorizing legislative rules regarding higher education – Senate 1st reading 03/03/18 

Governmental Entities

Senate Bills

SB7 – Requiring an employee to provide written notice to his or her employer of any alleged nonpayment of wages. The bill provides the employer with an opportunity to cure the alleged violation. There are other provisions. –1st reading, House Special Calendar 03/03/18 

SB283 – Modifying the procurement by state agencies by establishing direct award procurement requirements. The bill authorizes awarding contracts without competitive bidding if certain requirements are met. The bill establishes prequalification agreements and their requirements. The bill authorizes agency delegated bidding and its procedure. The bill increases certain cost limits from $50,000 to $1 million. There are other provisions.  – House Finance (1st reference House Government Organization)

SB98 - Creating incentives for local governments to consolidate to save money on local services.(The measure would allow consolidation of local governments to include public school districts, library districts and fire districts.” It also creates incentives for municipalities and counties that form metro governments by consolidation; and requiring the Division of Corrections to pay for regional jail bills of counties that consolidate from the point of a felony conviction, rather than after sentencing. There are other provisions. – House Political Subdivisions then House Government Organization. (Passed Senate 01/22/18)  (Note: appears to address municipalities and Regional Jail Authority. Does not affect public education chapters of Code) 

SB341 - Creating new court of WV Intermediate Court of Appeals – Senate Finance (1st reference Senate House Judiciary) 

SB407 - Licensing and approval of child care programs – House Health and Human Resources (Passed Senate 02/14/18) 

SB440 - Establishing Library Facilities Improvement Fund – Senate 2nd reading 02/09/18 

SB458 - Prohibiting political subdivisions from enacting regulations or legal requirements relating to employer-employee relationship. House Judiciary. (Passed Senate 02/15/18) 

SB479  - Assisting in the audit and review of local governments. (These are among provisions: “…In cooperation with institutions of higher education located in the State of West Virginia, the chief inspector may establish and maintain a small government monitoring program. The small government monitoring program shall authorize local governments which are not otherwise required to undergo a single audit or a financial audit to apply to the chief inspector, on an annual basis, for participation in the program. The chief inspector shall prescribe and oversee monitoring procedures that shall be performed by higher education students in the field of accounting.  Participating institutions of higher education shall enter into a cooperative agreement with the chief inspector to provide the service. The chief inspector shall prescribe policies and procedures for the administration of the small government monitoring program….”  House Finance. (Passed Senate 02/2018) 

House Bills

HB2028 - Relating to the venue for suits and other actions against the state – Senate Judiciary (Passed House 01/23/18) 

HB2841 - Requiring board members to have attended a board meeting in order to be compensated for the meeting (applies to certain state agencies) – Senate Government Organization (Passed House 02/12/18)

HB2983 - Granting priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress- Senate 3nd reading 03/03/18

HB4005 - Clarifying that appeals to the Supreme Court are a matter of right – Senate Judiciary (Passed House 01/18/18) 

HB4006 - Revising the processes through which professional development is delivered for those who provide public education (among other provisions this bill would eliminate the position of Secretary of Education and the Arts) – Senate Education (Passed House 01/31/18) 

HB4011 - Requiring agencies, when submitting a new rule or changes, to also identify two existing rules that could be repealed – Senate Judiciary (Passed House 02/21/18) 

HB4447 - Providing for a uniform and efficient system of broadband conduit installation – Senate Government Organization (Passed House 02/28/18)

HB4473 - Clarifying the definition of “advertising” relating to the promotion of a public official or government office and to distinguish between advertising and purely educational materials and to make allowances for press releases intended for legitimate news and informational purposes. – Senate 2nd Reading 03/02/18

HB4571 – Providing that on the final day of filing announcements of candidates for a political office the deadline is 11:59 p.m. The bill requires that the office of the Secretary of State be open until that time; and that the offices of the County Clerks of each county be open from 12 p. m. until 6 p. m. on that date – Senate Judiciary (Passed House 02/28/18) 

Crimes

Senate Bills

SB47 - Requiring Defense Department advocacy groups be notified in abuse or neglect of military person's child. –1st reading, House Special Calendar 03/0318

SB244 - Specifying conditions for unlawful possession of firearm at school-sponsored activities – House House Judiciary (Passed Senate 02/06/18) 

SB404 - Expanding the documentation offenders have to provide to the sex offender registry to be consist with criminal violations and to clarify the duration of registry for qualifying offenders as related to perceived minors. 1st reading, Special Calendar 03/02/18. 

SB465 - Relating to mandated reporting of child abuse and neglect – Senate 2nd reading 02/23/18  

House Bills

HB2655 - Defining and establishing the crime of cyberbullying –  Senate Judiciary / (Passed House 02/05/18)

HB4402 - Relating to the prevention of sexual abuse of children – Senate 2nd Reading 03/02/18 

Measures relating to taxation

Senate Bills

SB415 - Permitting wagering on certain professional or collegiate sports events authorized as WV Lottery Sports Wagering activities - 3rd reading, House Special Calendar 03/02/18

Measures relating to health care

Senate Bills

SB242 - Requiring health insurance providers provide coverage for certain Lyme disease treatment  - Referred to House Health and Human Resources (Passed Senate 01/31/18) 

SB401 - Requiring specified coverage in health benefit plans for treatment of substance abuse disorders – House Human Resources then House Judiciary. (Passed Senate 02/28/18)

House Bills

HB4623 Providing a process for pregnant and postpartum persons to receive substance use treatment – Health Human Resources (2nd reference House Judiciary) 

HB4625 - Relating to allocating a portion of any general revenue surplus accruing after a fiscal year to the Public Employees Insurance Agency Financial Stability Fund – Senate Finance (Passed House 02/22/18) 

Measures relating to retirement

SB494 - Considering members of State Teachers Retirement System absent while serving as officer with statewide professional association – House Pensions and Retirement then House Finance (Passed Senate 02/20/18) 

Measures relating to juveniles

Senate Bills

SB443- Terminating parental rights when certain conditions are met – House Health and Human Resources than House Judiciary (Passed Senate 02/27/18) 

SB545 - Relating to driving privileges and requirements for persons under 18 – House Judiciary (Senate passed 02/28/18)

House Bills

HB2483 - Requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her 18th birthday – Senate passed; asks House to concur 03/02/18 

HB4436 - Clarifying when a minor between the ages of 16 and 18 may be employed by or elected as a member of a volunteer fire department – Senate 2nd Reading 03/02/18 

Business Development

Senate Bills

SB119- Establishing WV business growth in low-income communities tax credit – Senate Finance (1st reference Senate Economic Development) 

SB365 Relating to the “Young Entrepreneur Reinvestment Act,” waiving certain fees for individuals under 30 years of age creating certain various business organizations. Other provisions – House Small Business, Entrepreneurship and Economic Development then Finance (Passed Senate 02/13/18) 

✓First Day - January 10, 2018: First day of session. (WV Const. Art. VI, §18)

Twentieth Day - January 28, 2018: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

Thirty-fifth Day - February 13, 2018: Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

Forty-first Day - February 19, 2018: Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

Forty-seventh Day - February 25, 2018: Bills due out of committees in house of origin to ensure three full days for readings.

Fiftieth Day - February 28, 2018: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5, paragraph b)

Sixtieth Day- March 10, 2018: Adjournment at Midnight. (WV Const. Art. VI, §22

For ease in securing copies of bills and legislative resolutions introduced, please use this link provided by the West Virginia Legislature – http://www.legis.state.wv.us/Bill_Status/bill_status.cfm Bills and Resolutions can be searched in terms of the following search fields:

All Bills (House | Senate)
Subject
Short Title
Sponsor
Date Introduced
Code Affected
All Same As
Pending In Committee
Reported From Committee
Passed One Chamber
Completed Legislation
Actions by Governor
Fiscal Notes
Acts 

Prepared by the West Virginia Legislature, this  Information Packet is a comprehensive reference tool, including Capitol room numbers for all legislators; seating charts for the Senate and House Chambers; Senate, House and Congressional district maps; photographs and contact information for all members of the Legislature; and, phone numbers and addresses for Congressional representatives. Also included are toll-free telephone numbers and Web site addresses for state agencies, colleges and universities. This packet can be downloaded online: http://www.legis.state.wv.us/legisdocs/misc/pub/INFOPACKET_2018.pdf

Editor’s Note: These resources are provided by the West Virginia Legislature / http://www.legis.state.wv.us/

Some of the Terms Used in the Language of Legislation

Chambers:  the two areas set aside for meetings of the entire membership of the House and Senate (also referred to as “the floor”).  “The bill is on the floor” means that it is out of committee and before the entire body of the House or Senate

Christmas Tree:  a bill that has had several amendments added to it. “We had to kill the bill because it got Christmas treed.”  (Also called “loving a bill to death”).

Committee Substitute:  an amended version of an introduced bill as recommended by a committee, generally offered when there are numerous amendments or substantial rewriting of an introduced bill (often referred to as a “com sub”).

Concur:  the action of one body in agreeing to or approving a proposal or action of the other body (as in “the Senate concurs with the House amendments”).

Double Referenced:  a bills gets assigned to two committees instead of just one

Enrolled Bill:  the final version of a bill, as passed by both bodies

House of Origin:  the body in which a bill or resolution is introduced

Journal:  the formal, written record of floor proceedings printed daily by the clerk of each body (can be picked up outside Journal Room on ground floor at the rotunda area; also available on the legislative web site).  The Journal also contains that day’s agenda for the floor session.

Motion to Lie Over:  consider the bill at the next or a subsequent meeting

Motion to Postpone Indefinitely:  delay action, usually forever.  “PPI’d” usually indicates a dead bill

Readings:  the three stages a bill must go through on the floor of a chamber; 1st reading is informational; 2nd reading is amendment stage; and 3rd reading is passage stage

Title:  a concise statement of the contents of a bill; it is a constitutional requirement in WV that the title accurately and completely reflect the content of the bill

Well:  the round area at the center of the Capitol between the chambers; often used as a meeting place, as in “Meet me at the well.” 

SB or HB – Senate Bill or House Bill

SR or HR – Senate or House Resolution

SCR or HCR – Senate or House Concurrent Resolution

SJR or HJR – Senate or House Joint Resolution (Proposed Constitutional Amendments)

Com Sub – Committee Substitute

Editor’s Note:The West Virginia Association of Counties (WVACO has published this or a similar document during the past few legislative sessions.