Legislative Record



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March 9, 2018 - Volume 38 Issue 9

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

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 3rd Reading, Special Calendar 03/09/18

Editor’s Note: There are various proposed amendments which alter the nature of the original legislation. Use bill link for further reference.

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

SB561 - Increasing minimum contract price requiring execution of bond with respect to building or repairing school property. – Completed Legislation.

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 3rd Reading 03/09/18 

HB3089 - Relating to the adoption of instructional resources for use in the public schools – Senate 3rd Reading 03/09/18 

HB4006 - Revising the processes through which professional development is delivered for those who provide public education – Senate 3rd Reading 03/09/18.

Editor’s Note: The primary intent of this legislation is to abolish the Office of the Secretary of Education and the Arts, transferring existing programs to various state agencies.  

HB4042 - Redefining school zone to facilitate placement of school zone signs – Senate adopted amended House version of legislation, requesting House to concur with its amendments.  

HB4138 - Requiring certain public or private schools and daycare centers to install carbon monoxide detectors – Completed legislation  

HB4145 - Increasing the annual salaries of members of the West Virginia State Police, public school teachers and school service personnel. Approved by Governor 03/06/18 

HB4219 - Permitting employees of educational services cooperatives to participate in the State Teachers Retirement System – Referred to Senate Rules 03/05/18

HB4428 - Allowing training hours earned through public school education or apprenticeship to count towards an applicant’s occupational certification – Senate 3rd Reading 03/09/18

HB4478 - Authorizing public schools to distribute excess food to students – Completed legislation. 

HB4619 - Relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth House Finance- Completed legislation. 

Homeschooled students

Senate Bills

SB319- Allowing individuals who completed home schooling be eligible for PROMISE scholarship without equivalent diploma – Completed legislation. 

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 – Completed legislation.


Higher Education

Senate Bills

SB346 - Permitting full-time nonresident students purchase lifetime resident hunting, trapping and fishing licenses – House Agriculture and Natural Resources then Finance – Completed legislation. 

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 legislation.   

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 3rd Reading 03/09/18  

HB4178 - Permitting certain portions of certified nurse aide training to be provided through distance learning technologies –  Completed legislation 

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 3rd Reading 03/09/18

HB4622 - Relating to authorizing legislative rules regarding higher education – Completed legislation. 

Governmental Entities

Senate Bills

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 3rd Reading, Special Calendar 03/09/18

SB407 - Licensing and approval of child care programs – House 3rd Reading, Special Calendar 03/09/18  

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….”  - Completed legislation.

House Bills

HB2028 - Relating to the venue for suits and other actions against the state – Completed legislation. 

HB2983 - Granting priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress- Completed legislation. 

HB4011 - Requiring agencies, when submitting a new rule or changes, to also identify two existing rules that could be repealed – Senate Rereferred to Judiciary on 2nd reading 03/07/18

HB4447 - Providing for a uniform and efficient system of broadband conduit installation – Senate 3rd Reading 03/09/18

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. –  Completed legislation. 

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 adopted amended House version of legislation, requesting House to concur with its amendments.


Senate Bills

SB47 - Requiring Defense Department advocacy groups be notified in abuse or neglect of military person's child.  – Completed legislation.

SB244- Specifying conditions for unlawful possession of firearm at school-sponsored activities – House 3rd Reading, Special Calendar 03/09/18  

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. Completed legislation. 

SB465 - Relating to mandated reporting of child abuse and neglect – Completed legislation. 

House Bills

HB2655 - Defining and establishing the crime of cyberbullying –  Senate 3rd Reading 03/09/18

HB4402 - Relating to the prevention of sexual abuse of children – Completed legislation. 

Measures relating to taxation

Senate Bills

SB415 - Permitting wagering on certain professional or collegiate sports events authorized as WV Lottery Sports Wagering activities – Completed legislation. 

Measures relating to health care

Senate Bills

SB242 - Requiring health insurance providers provide coverage for certain Lyme disease treatment - Completed legislation. 

SB401 - Requiring specified coverage in health benefit plans for treatment of substance abuse disorders – House 3rd Reading, Special Calendar 03/09/2018

Measures relating to juveniles

Senate Bills

SB443- Terminating parental rights when certain conditions are met – House 3rd Reading, Special Calendar 03/09/18  

SB545 - Relating to driving privileges and requirements for persons under 18 – House amended Senate Bill, requesting Senate to concur in its amendments 03/07/18

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 – Completed legislation.  

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 – Completed legislation. 

Business Development

Senate Bills

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 – Completed legislation. 

✓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:

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Short Title
Date Introduced
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All Same As
Pending In Committee
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Completed Legislation
Actions by Governor
Fiscal Notes