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Engrossed Version Senate Bill 650 History

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Key: Green = existing Code. Red = new code to be enacted
SB650 SUB2 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 650

(By Senators Tomblin, Mr. President, and Caruth,

By Request of the Executive)

____________

[Originating in the Committee on Finance;

reported February 23, 2007.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 and §18-9D-16 of said code, all relating to time levels for bus routes of students in grades prekindergarten through five; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the travel time levels for students in certain grades exceed certain levels; allowing for county school boards to seek a waiver from the prohibition from the State Board of Education and the School Building Authority; defining certain terms; and providing that the School Building Authority and State Board of Education cannot approve any facilities plan until it approves any waiver requested by a county board.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-48; and that §18-9D-2 of said code be amended and reenacted, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-48. Duty of the county board of education to provide and adhere to reasonable transportation schedules.

(a) After the first day of July, two thousand seven, each county board of education shall establish, maintain and adhere to schedules for the transportation of students in grades prekindergarten through five to and from school. The schedules shall set forth the one-way bus transportation time levels under normal weather and operating conditions.
(b) After the first day of July, two thousand seven, a board shall not create a new bus route in the wake of a closure or consolidation of an existing school facility in which the one-way bus transportation time level under normal weather and operating conditions exceeds thirty minutes for students in grades prekindergarten through five.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-2. Definitions.
The following terms, wherever used or referred to in this article, have the following meanings unless a different meaning clearly appears from the context:
(1) "Authority" means the School Building Authority of West Virginia or, if the authority is abolished, any board or officer succeeding to the principal functions of the School Building Authority or to whom the powers given to the authority are given by law;
(2) "Bonds" means bonds issued by the authority pursuant to this article;
(3) "Construction project" means a project in the furtherance of a facilities plan with a cost of the project greater than five hundred thousand dollars for the new construction, expansion or major renovation of facilities, buildings and structures for school purposes, including the acquisition of land for current or future use in connection with the construction project, as well as new or substantial upgrading of existing equipment, machinery, furnishings, installation of utilities and other similar items convenient in connection with placing the construction project into operation: Provided, That a construction project may not include such items items such as books, computers or equipment used for instructional purposes, fuel, supplies, routine utility services fees, routine maintenance costs, ordinary course of business improvements and other items which are customarily considered to result in a current or ordinary course of business operating charge: Provided, however, That a construction project may not include a major improvement project;
(4) "Cost of project" means the cost of construction, expansion, renovation, repair and safety upgrading of facilities, buildings and structures for school purposes; the cost of land, equipment, machinery, furnishings, installation of utilities and other similar items convenient in connection with placing the project into operation; and the cost of financing, interest during construction, professional service fees and all other charges or expenses necessary, appurtenant or incidental to the foregoing, including the cost of administration of this article;
(5) "Facilities plan" means a ten-year countywide comprehensive educational facilities plan established by the county board in accordance with guidelines adopted by the authority to meet the goals and objectives of this article that: (i) Addresses the existing school facilities and facility needs of the county to provide a thorough and efficient education in accordance with the provisions of this code and policies of the state board; (ii) best serves the needs of the individual student, the general school population and the communities served by the facilities; (iii) includes a school major improvement plan as defined in this section; (iv) is updated annually to reflect projects completed, current enrollment projections and new or continuing needs; (v) includes one-way bus transportation time level estimates for each new bus route that would transport students in grades prekindergarten through five in the wake of the closure or consolidation of an existing school facility compliant with the limitations of section forty-eight, article five of this chapter; and (v) (vi) is approved by the state board and the authority prior to the distribution of state funds pursuant to this article to any county board or other entity applying for funds;
(6) "Project" means a construction project or a major improvement project;
(7) "Region" means the area encompassed within and serviced by a regional educational service agency established pursuant to section twenty-six, article two of this chapter;
(8) "Revenue" or "revenues" means moneys deposited in the School Building Capital Improvements Fund pursuant to the operation of section ten, article nine-a of this chapter; moneys deposited in the School Construction Fund pursuant to the operation of section thirty, article fifteen, chapter eleven of this code and pursuant to the operation of section eighteen, article twenty-two, chapter twenty-nine of this code; moneys deposited in the School Building Debt Service Fund pursuant to section eighteen, article twenty-two, chapter twenty-nine of this code; moneys deposited in the School Major Improvement Fund pursuant to the operation of section thirty, article fifteen, chapter eleven of this code; any moneys received, directly or indirectly, from any source for use in any project completed pursuant to this article; and any other moneys received by the authority for the purposes of this article;
(9) "School major improvement plan" means a ten-year school maintenance plan that: (i) Is prepared by a county board of education in accordance with the guidelines established by the authority and incorporated in its countywide comprehensive educational facilities plan or is prepared by the State Board of Education or the administrative council of an area vocational educational center in accordance with the guidelines if the entities seek funding from the authority for a major improvement project; (ii) addresses the regularly scheduled maintenance for all school facilities of the county or under the jurisdiction of the entity seeking funding; (iii) includes a projected repair and replacement schedule for all school facilities of the county or of entity seeking funding; (iv) addresses the major improvement needs of each school within the county or under the jurisdiction of the entity seeking funding; and (v) is required prior to the distribution of state funds for a major improvement project pursuant to this article to the county board, state board or administrative council; and
(10) "School major improvement project" means a project with a cost greater than fifty thousand dollars and less than five hundred thousand dollars for the renovation, expansion, repair and safety upgrading of existing school facilities, buildings and structures, including the substantial repair or upgrading of equipment, machinery, building systems, utilities and other similar items convenient in connection with such the renovation, repair or upgrading in the furtherance of a school major improvement plan: Provided, That a major improvement project may not include such items as books, computers or equipment used for instructional purposes, fuel, supplies, routine utility services fees, routine maintenance costs, ordinary course of business improvements and other items which are customarily considered to result in a current or ordinary course of business operating charge.
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