H. B. 4599


(By Mr. Speaker, Mr. Chambers, and Delegates Spencer,
Kiss, Gallagher, Campbell and Prezioso)

[Introduced February 24, 1994; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact section seven, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to education; public school support; and the allowance in the foundation school program for each county's school transportation costs.

Be it enacted by the Legislature of West Virginia:

That section seven, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§ 18-9A-7. Foundation allowance for transportation cost.

The allowance in the foundation school program for each county for transportation shall be the sum of the following computations:

(1) Eighty percent of the transportation cost within each county for maintenance, operation and related costs, exclusive of all salaries:
Provided, That in the event a county uses an alternative fuel such as compressed natural gas or other acceptable alternative fuel for the operation of all or any portion of its transportation system, then the allowance in the foundation school program for each such county shall be one hundred percent of the transportation cost for maintenance per vehicle, operation and related costs, exclusive of all salaries as is represented by the use of the alternative fuel;
(2) The total cost, within each county, of insurance premiums on buses, buildings and equipment used in transportation:
Provided, That such premiums were procured through competitive bidding;
(3) For the school year beginning the first day of July, one thousand nine hundred eighty-nine, and thereafter, an amount equal to ten percent of the current replacement value of the bus fleet within each county as determined by the state board, such amount to be used only for the replacement of buses. In addition, in any school year in which its net enrollment increases when compared to the net enrollment the year immediately preceding, a school district may apply to the state superintendent for funding for an additional bus. Furthermore, large, sparsely populated counties may also apply to the state superintendent for funding for additional mini-buses. The state superintendent shall make a decision regarding each application based upon an analysis of the individual school district's net enrollment history and transportation needs or, in the case of a large, sparsely populated county, the population of the county:
Provided, That the superintendent shall not consider any application which fails to document that the county has applied for federal funding for additional buses. If the state superintendent finds that a need exists, a request for funding shall be included in the budget request submitted by the state board for the upcoming fiscal year;
(4) Eighty percent of the cost of contracted transportation services and public utility transportation with each county;
(5) Aid in lieu of transportation equal to the state average amount per pupil for each pupil receiving such aid within each county; and
(6) Ninety percent of the total cost of transportation operations and related expenses, excluding salaries and maintenance for transporting students to and from classes at a multicounty vocational center.
The total state share for this purpose shall be the sum of the county shares:
Provided, That no county shall receive an allowance which is greater than one third above the computed state average allowance per mile multiplied by the total mileage in the county.



NOTE: The purpose of this bill is to allow counties that use alternative fuel in the operation of any portion or all of its transportation system 100% of its transportation cost for maintenance, operation and related costs per vehicle.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.