Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
     Eng. House Bill No. 2118, Adjusting the retirement benefits for all members of the West Virginia state police retirement system.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of member - When member dies in performance of duty, etc.; dependent child scholarship and amount.

     The surviving spouse, the dependent child or children or dependent parent or parents of any member who has lost or shall lose loses his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members while the member was or shall be is engaged in the performance of his or her duties as a member of the division, or the survivor of a member who dies from any cause after having been retired pursuant to the provisions of section nine of this article, shall be is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become immediately available and which shall be the greater of:
     (1) An amount equal to seven nine tenths of the base salary received in the preceding twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the division for twelve months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
     (2) The sum of six ten thousand dollars.
     In addition thereto, the surviving spouse shall be is entitled to receive and there shall be paid to such that person one hundred fifty dollars monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to one fourth third of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive.
     Any person qualifying as a surviving dependent child under this section shall is, in addition to any other benefits due under this or other sections of this article, be entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding seven thousand five hundred dollars, shall be paid from the fund to any university or college in this state or to any trade or vocational school or other entity in this state approved by the board to offset the expenses of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such any rules as the board may provide provides and maintains scholastic eligibility as defined by the institution or the board. The board may, by appropriate rules, define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
     Awards and benefits for a surviving spouse or dependents of a member received under any section or any of the provisions of this retirement system shall be in lieu of receipt of any benefits for these persons under the provisions of any other state retirement system. Receipt of benefits under any other state retirement system shall be in lieu of any right to receive any benefits under this retirement system so that only a single receipt of state retirement benefits shall occur.
     The bill (Eng. H. B. No. 2118), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Love, Minard and Snyder--3.
     Having been engrossed, the bill (Eng. H. B. No. 2118) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Love, Minard and Snyder--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2118) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2003.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Love, Minard and Snyder--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2118) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2239, Requiring foreign collection agencies to obtain a certificate of authority from the secretary of state.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.

ARTICLE 15. FOREIGN CORPORATIONS.
§31D-15-1501. Authority to transact business and jurisdiction over foreign corporations.

     (a) A foreign corporation may not transact business conduct affairs in this state until it obtains a certificate of authority from the secretary of state.
     (b) The following activities, among others, do not constitute conducting affairs within the meaning of subsection (a) of this section:
     (1) Maintaining, defending or settling any proceeding;
     (2) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;
     (3) Maintaining bank accounts;
     (4) Selling through independent contractors;
     (5) Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
     (6) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;
     (7) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts: Provided, That this exemption does not include debts collected by collection agencies as defined in subdivision (b), section two, article sixteen, chapter forty-seven of this code;
     (8) Owning, without more, real or personal property;
     (9) Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
     (10) Conducting affairs in interstate commerce;
     (11) Granting funds or other gifts;
     (12) Distributing information to its shareholders or members;
     (13) Effecting sales through independent contractors;
     (14) The acquisition by purchase of lands secured by mortgage or deeds;
     (15) Physical inspection and appraisal of property in West Virginia as security for deeds of trust or mortgages and negotiations for the purchase of loans secured by property in West Virginia; and
     (16) The management, rental, maintenance and sale or the operating, maintaining, renting or otherwise dealing with selling or disposing of property acquired under foreclosure sale or by agreement in lieu of foreclosure sale.
     (c) The list of activities in subsection (b) of this section is not exhaustive.
     (d) A foreign corporation is deemed to be transacting business in this state if:
     (1) The corporation makes a contract to be performed, in whole or in part, by any party thereto in this state;
     (2) The corporation commits a tort, in whole or in part, in this state; or
     (3) The corporation manufactures, sells, offers for sale or supplies any product in a defective condition and that product causes injury to any person or property within this state notwithstanding the fact that the corporation had no agents, servants or employees or contacts within this state at the time of the injury.
     (e) A foreign corporation's making of a contract, the committing of a manufacture or sale, offer of sale or supply of defective product as described in subsection (d) of this section is deemed to be the agreement of that foreign corporation that any notice or process served upon, or accepted by, the secretary of state in a proceeding against that foreign corporation arising from, or growing out of, contract, tort or manufacture or sale, offer of sale or supply of the defective product has the same legal force and validity as process duly served on that corporation in this state.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.

ARTICLE 14. FOREIGN CORPORATIONS.
§31E-14-1401. Authority to conduct affairs required
.
     (a) A foreign corporation may not conduct affairs in this state until it obtains a certificate of authority from the secretary of state.
     (b) The following activities, among others, do not constitute conducting affairs within the meaning of subsection (a) of this section:
     (1) Maintaining, defending, or settling any proceeding;
     (2) Holding meetings of the board of directors or members or carrying on other activities concerning internal corporate affairs;
     (3) Maintaining bank accounts;
     (4) Selling through independent contractors;
     (5) Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
     (6) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property: Provided, That this exemption does not include debts collected by collection agencies as defined in subdivision (b), section two, article sixteen, chapter forty-seven of this code;
     (7) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;
     (8) Owning, without more, real or personal property;
     (9) Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
     (10) Conducting affairs in interstate commerce;
     (11) Granting funds or other gifts;
     (12) Distributing information to its shareholders or members;
     (13) Effecting sales through independent contractors;
     (14) The acquisition by purchase of lands secured by mortgage or deeds;
     (15) Physical inspection and appraisal of property in West Virginia as security for deeds of trust or mortgages and negotiations for the purchase of loans secured by property in West Virginia; and
     (16) The management, rental, maintenance and sale; or the operating, maintaining, renting or otherwise, dealing with selling or disposing of property acquired under foreclosure sale or by agreement in lieu of foreclosure sale.
     (c) The list of activities in subsection (b) of this section is not exhaustive.
     (d) A foreign corporation is to be deemed to be conducting affairs in this state if:
     (1) The corporation makes a contract to be performed, in whole or in part, by any party thereto, in this state;
     (2) The corporation commits a tort, in whole or in part, in this state; or
     (3) The corporation manufactures, sells, offers for sale or supplies any product in a defective condition and that product causes injury to any person or property within this state notwithstanding the fact that the corporation had no agents, servants or employees or contacts within this state at the time of the injury.
     (e) A foreign corporation's making of a contract, the committing of a manufacture or sale, offer of sale or supply of defective product as described in subsection (d) of this section is deemed to be the agreement of that foreign corporation that any notice or process served upon, or accepted by, the secretary of state in a proceeding against that foreign corporation arising from, or growing out of, contract, tort or manufacture or sale, offer of sale or supply of the defective product has the same legal force and validity as process duly served on that corporation in this state.
CHAPTER 47. REGULATION OF TRADE.

ARTICLE 16. COLLECTION AGENCIES.

§47-16-2. Definitions.

     The following words and terms as used in this article shall be construed as follows:
     (a) "Claim" means any obligation for the payment of money due or asserted to be due to another person, firm, corporation or association.
     (b) "Collection agency" means and includes all persons, firms, corporations and associations: (1) Directly or indirectly engaged in the business of soliciting from or collecting for others any account, bill or indebtedness originally due or asserted to be owed or due another and all persons, firms, corporations and associations directly or indirectly engaged in asserting, enforcing or prosecuting those claims; (2) which, in attempting to collect or in collecting his, her or its own accounts or claims, uses a fictitious name or names other than his, her or its own name; (3) which attempts to or does give away or sell to others any system or series of letters or forms for use in the collection of accounts or claims which assert or indicate directly or indirectly that the claims or accounts are being asserted or collected by any person, firm, corporation or association other than the creditor or owner of the claim or account; or (4) directly or indirectly engaged in the business of soliciting, or who holds himself or herself out as engaged in the business of soliciting, debts of any kind owed or due, or asserted to be owed or due, to any solicited person, firm, corporation or association for fee, commission or other compensation.
     The term "collection agency" shall not mean or include: (1) Regular employees of a single creditor or of a collection agency licensed hereunder; (2) banks; (3) trust companies; (4) savings and loan associations; (5) building and loan associations; (6) industrial loan companies; (7) small loan companies; (8) abstract companies doing an escrow business; (9) duly licensed real estate brokers or agents when the claims or accounts being handled by such broker or agent are related to or in connection with such brokers' or agents' regular real estate business; (10) express and telegraph companies subject to public regulation and supervision; (11) attorneys-at-law handling claims and collections in their own names and not operating a collection agency under the management of a layman; or (12) any person, firm, corporation or association acting under the order of any court of competent jurisdiction; or (13) any person collecting a debt owed to another person only where: (A) Both persons are related by wholly owned, common ownership or affiliated by wholly owned corporate control; (B) the person collecting the debt acts only on behalf of persons related as described in paragraph (A) of this subdivision; and (C) debt collection is not the principal business of the person collecting the debt.
     (c) "Commissioner" means the state tax commissioner or his or her agent.
     (d) "Customer" means any person, firm, corporation or association who has filed, assigned or sold any claim or chose in action with or to a collection agency for collection.
     (e) "Licensee" means any person holding a business franchise registration certificate under section two, article twelve, chapter eleven of this code and under the provisions of this article.
     (f) "Trust account" means a special account established by a collection agency with a banking institution in this state wherein funds collected on behalf of a customer shall be deposited.
     The bill (Eng. Com. Sub. for H. B. No. 2239), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Hunter and Oliverio--2.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2239) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Hunter and Oliverio--2.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2239) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2240, Allowing persons purchasing or renewing hunting or fishing licenses to donate to the "hunters helping the hungry program".
     On second reading, coming up out of regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk and considered simultaneously:
     On page nine, section thirty-four, after line forty-three, by adding a new section, designated section forty-three, to read as follows:
§20-2-43. Class E, Class EE, Class F, Class H and Class J licenses for nonresidents.

     The licenses in this section shall be are required of nonresidents to hunt, trap or fish in West Virginia.
     (1) A Class E license shall be is a nonresident hunting and trapping license and shall entitle entitles the licensee to hunt or trap all legal species of wild animals and wild birds in all counties of the state except when other licenses or permits are required. The fee therefor shall be for the license is one hundred dollars.
     (2) A Class EE license shall be is a nonresident bear hunting license and shall entitle entitles the licensee to hunt bear in all counties of the state except when additional licenses or permits are required. The fee therefor shall be for the license is one hundred fifty dollars.
     (3) A Class F license shall be is a nonresident fishing license and shall entitle entitles the licensee to fish for all fish in all counties of the state except when additional licenses or permits are required. The fee therefor shall be for the license is thirty dollars. Trout fishing is not permitted with a Class F license unless such the license has affixed thereto to it an appropriate trout stamp as prescribed by the division of natural resources.
     (4) A Class H license shall be is a nonresident small game hunting license and shall entitle entitles the licensee to hunt small game in all counties of the state, except when additional licenses or permits are required, for a period of six days beginning with the date it is issued.
     The fee therefor shall be for the license is twenty dollars. As used in this section, "small game" means all game except bear, deer, and wild turkey and wild boar.
     (5) A Class J license is a nonresident small game shooting preserve license and entitles the licensee to hunt small game on designated shooting preserves, except when additional licenses or permits are required, for a period of six days beginning with the date it is issued. The fee for the license is ten dollars.;
     And,
     On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That sections thirty, thirty-three, thirty-four and forty- three, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section thirty-three-a, all to read as follows:.
     On motion of Senator Helmick, the following amendment to the Finance committee amendments to the bill (Eng. Com. Sub. for H. B. No. 2240) was reported by the Clerk and adopted:
     On page two, section forty-three, line thirteen, by striking out the words "deer and wild turkey" and inserting in lieu thereof the words "deer, wild turkey and wild boar".
     The question now being on the adoption of the Finance committee amendments, as amended, the same was put and prevailed.
     The bill (Eng. Com. Sub. for H. B. No. 2240), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2240) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2240) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2240--A Bill to amend and reenact sections thirty, thirty-three, thirty-four and forty-three, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section thirty-three-a, all relating generally to hunting and fishing license applications and fees; statement of eligibility for license; false statement; electronic application for license to apprise applicant of hunters helping the hungry program; voluntary donations; creating subaccount designated "hunters helping the hungry fund"; authorized expenditures; establishing a Class J license for small game preserves; and technical amendments.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2363, Authorizing the tax commissioner to suspend a business registration certificate if any business neglects to pay real property taxes thirty days after the delinquent tax list is published.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 11. TAXATION.

ARTICLE 12. BUSINESS REGISTRATION TAX.

§11-12-5. Time for which registration certificate granted; power of tax commissioner to suspend or cancel certificate; refusal to renew.

     (a) Registration period. -- All business registration certificates issued under the provisions of section four of this article shall be are for the period of one year beginning the first day of July and ending the thirtieth day of the following June: Provided, That beginning on or after the first day of July, one thousand nine hundred ninety-nine, all business registration certificates issued under the provisions of section four of this article shall be issued for two fiscal years of this state, subject to the following transition rule. If the first year for which a business was issued a business registration certificate under this article began on the first day of July of an even-numbered calendar year, then the tax commissioner may issue a renewal certificate to that business for the period beginning the first day of July, one thousand nine hundred ninety-nine, and ending the thirtieth day of June, two thousand, upon receipt of fifteen dollars for each such one-year certificate. Thereafter, only certificates covering two fiscal years of this state shall be issued.
     (b) Revocation or suspension of certificate. --
     (1) The tax commissioner may cancel or suspend a business registration certificate at any time during a registration period if:
     (A) The registrant filed an application for a business registration certificate, or an application for renewal thereof, for the registration period that was false or fraudulent.
     (B) The registrant willfully refused or neglected to file a tax return or to report information required by the tax commissioner for any tax imposed by or pursuant to this chapter.
     (C) The registrant willfully refused or neglected to pay any tax, additions to tax, penalties or interest, or any part thereof, when they became due and payable under this chapter, determined with regard to any authorized extension of time for payment.
     (D) The registrant neglected to pay over to the tax commissioner on or before its due date, determined with regard to any authorized extension of time for payment, any tax imposed by this chapter which the registrant collects from any person and holds in trust for this state.
     (E) The registrant abused the privilege afforded to it by article fifteen or fifteen-a of this chapter to be exempt from payment of the taxes imposed by such articles on some or all of the registrant's purchases for use in business upon issuing to the vendor a properly executed exemption certificate, by failing to timely pay use tax on taxable purchase for use in business, or by failing to either pay the tax or give a properly executed exemption certificate to the vendor.
     (F) The registrant has failed to pay in full delinquent personal property taxes owing.
     (2) Before canceling or suspending any such business registration certificate, the tax commissioner shall give written notice of his or her intent to suspend or cancel the business registration certificate of the taxpayer, the reason for the suspension or cancellation, the effective date of the cancellation or suspension and the date, time and place where the taxpayer may appear and show cause why such business registration certificate should not be canceled or suspended. This written notice shall be served on the taxpayer in the same manner as a notice of assessment is served under article ten of this chapter, not less than twenty days prior to the date of such the show cause informal hearing. The taxpayer may appeal cancellation or suspension of its business registration certificate in the same manner as a notice of assessment is appealed under article ten ten-a of this chapter: Provided, That the filing of a petition for appeal shall does not stay the effective date of the suspension or cancellation. A stay may be granted only after a hearing is held on a motion to stay filed by the registrant, upon finding that state revenues will not be jeopardized by the granting of the stay. The tax commissioner may, in his or her discretion and upon such terms as he or she may specify, agree to stay the effective date of the cancellation or suspension until another date certain.
     (3) On or before the first day of August, two thousand three, the tax commissioner shall propose for promulgation legislative rules through which ancillary procedures may be provided, pursuant to authorization by the Legislature, to streamline the tax commissioner's suspension of business registration certificates for failure to pay delinquent personal property taxes pursuant to paragraph (F), subdivision (1), subsection (b) of this section. If the rules proposed for promulgation are authorized by the Legislature and include requirements that county sheriffs provide the tax commissioner or the registrant with information or notice, then those requirements shall have the same force and effect as if set forth herein. No provision of this subdivision may be construed to restrict in any manner the authority of the tax commissioner to suspend such certificates for failure to pay delinquent personal property taxes under paragraph (C) or (F), subdivision (1), subsection (b) of this section or under any other provision of this code prior to the authorization of the rules.
     (c) Refusal to renew. -- The tax commissioner may refuse to issue or renew a business registration certificate if the registrant is delinquent in the payment of any tax administered by the tax commissioner under article ten of this chapter or the corporate license tax imposed by article twelve-c of this chapter, until the registrant pays in full all such the delinquent taxes including interest and applicable additions to tax and penalties. In his or her discretion and upon such terms as he or she may specify, the tax commissioner may enter into an installment payment agreement with such the taxpayer in lieu of the complete payment. Failure of the taxpayer to fully comply with the terms of the installment payment agreement shall render the amount remaining due thereunder immediately due and payable and the tax commissioner may suspend or cancel the business registration certificate in the manner hereinbefore provided in this section.
     (d) Refusal to renew due to delinquent personal property tax. -- The tax commissioner shall refuse to issue or renew a business registration certificate when informed in writing, signed by the county sheriff, that personal property owned by the applicant and used in conjunction with the business activity of the applicant is subject to delinquent property taxes: Provided, That the tax commissioner may prescribe alternative means for electronic transmission and handling of the notice from county sheriffs that personal property owned by the applicant and used in conjunction with the business activity of the applicant is subject to delinquent property taxes. The tax commissioner shall forthwith notify the applicant that the commissioner will not act upon the application until information is provided evidencing that the taxes due are either exonerated or paid.
_____(e) Fees for suspension or revocation of the business registration certificate. -- The county shall pay to the tax commissioner a cost reimbursement fee in the amount of twenty-five dollars for each taxpayer applicant for which notice is sent by the county sheriff, that personal property owned by the taxpayer applicant and used in conjunction with the business activity of the taxpayer applicant is subject to delinquent property taxes under subsection (d) of this section. The county shall pay to the tax commissioner a cost reimbursement fee in the amount of twenty-five dollars for each suspension of a business registration certificate for failure to pay delinquent personal property taxes where such suspension is issued by the tax commissioner at the request of a county sheriff or other county official pursuant to under paragraph (C) or (F), subdivision (1) of this section. The fee shall be added by the sheriff to the delinquent taxpayer's tax payable as a penalty.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.

ARTICLE 2. DELINQUENCY AND METHODS OF ENFORCING PAYMENT.

§11A-2-11. Delinquent lists; oath.

     The sheriff, after ascertaining which of the taxes assessed in his or her county are delinquent, shall, on or before the first day of May next succeeding the year for which the taxes were assessed, prepare the following delinquent lists, arranged by districts and alphabetically by name of the person charged, and showing in respect to each the amount of taxes remaining delinquent on April thirtieth: (1) A list of property in the landbook improperly entered or not ascertainable; (2) a list of other delinquent real estate; and (3) a list of all other delinquent taxes: Provided, That the list shall conclude with a notice, substantially as follows: "Any person holding a West Virginia business registration certificate under the authority of article twelve, chapter eleven of this code who does not pay all delinquent personal property taxes may have his or her license to do business in this state suspended until the delinquency is cured."
     The sheriff on returning each list shall, at the foot thereof, subscribe an oath, which shall be subscribed before and certified by some person duly authorized to administer oaths, in from form or effect as follows:
     I, _________, sheriff (or deputy sheriff or collector) of the County of __________, do swear that the foregoing list is, to the best of my knowledge and belief, complete and accurate, and that I have received none of the taxes listed therein.
     Except for the oath, the tax commissioner state auditor shall prescribe the form of the delinquent lists.
     The following amendment to the Judiciary committee amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page six, section five, by striking out all of subsection (e) and inserting in lieu thereof a new subsection (e), to read as follows:
     (e) Fund created, fees for suspension, cancellation, nonrenewal or nonissuance of business registration certificate, fund deposits and expenditures. --
_____(1)
Local tax compliance account. -- There is hereby established in the state treasury a special revenue revolving account to be known as the "Local Tax Compliance Account". The local tax compliance account shall be a revolving fund. Deposits and appropriations made to the account shall not be deemed to have expired at the end of any fiscal period. Expenditures from the account shall be used for general tax administration by the tax division of the department of tax and revenue and for operation of the tax division.
_____(2
) Fees, penalty, information exchange. -
_____(A) The county shall pay to the tax commissioner a fee in the amount of fifteen percent of all amounts of delinquent property tax, interest, additions to tax and penalties (other than the penalty imposed under this subsection) collected from each taxpayer for which the tax commissioner has suspended or canceled the business registration certificate by reason of a property tax delinquency, pursuant to a request of the sheriff or other county official. The fee shall be calculated based on the amount of tax, interest, additions to tax and penalties collected by the county from the taxpayer out of the total liability for tax, interest, additions to tax and penalties that was due and owing at the time the business registration certificate suspension or cancellation was issued by the tax commissioner.
_____(B) The county shall pay to the tax commissioner a fee in the amount of fifteen percent of all amounts of delinquent property tax, interest, additions to tax and penalties (other than the penalty imposed under this subsection) collected from each taxpayer for which the tax commissioner has refused to issue or renew the business registration certificate pursuant to notice sent by the county sheriff of a property tax delinquency under subsection (d) of this section. The fee shall be calculated based on the amount of tax, interest, additions to tax and penalties collected by the county from the taxpayer out of the total liability for tax, interest, additions to tax and penalties that was due and owing at the time the refusal to issue or renew the business registration certificate was asserted by the tax commissioner.
_____(C) The amount of the fifteen percent fee imposed under this subsection shall be added by the sheriff to the delinquent taxpayer's tax payable as an additional penalty, and shall be payable to the county in the same manner as property tax due.
_____(D) Notwithstanding the provisions of section five-d, article ten of this chapter, and notwithstanding any other provision of this code to the contrary, the tax commissioner and county employees and officials are hereby authorized to exchange such tax information as may be necessary to efficiently administer a property tax compliance program for suspension, revocation, nonrenewal or nonissuance or business registration certificates of taxpayers having property tax delinquencies pursuant to this section.
_____(3)
Deposits, expenditures. -
_____(A) All fees established in this subsection shall be remitted by the county to the tax commissioner not later than thirty days after collection or partial collection of the tax, interest, additions to tax and penalties, or any part or component thereof, on which the fee is based.
_____(B) All fees established by this subsection and received by the tax commissioner shall be deposited by the tax commissioner into the local tax compliance account created in this section. The tax commissioner is authorized to use moneys in the local tax compliance account for operation of the tax division and for general tax administration.

     The question now being on the adoption of the Judiciary committee amendment to the bill, as amended, the same was put and prevailed.
     The bill (Eng. H. B. No. 2363), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2363) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2363) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2414, Relating to thoroughbred breeders association.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That sections ten, thirteen and thirteen-b, article twenty- three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
Part Vii. Taxation of Horse and Dog Racing and Pari-mutuel Wagering; Disposition of Revenues.

§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes      paid; alternate tax; credits.
     
(a) Any racing association conducting thoroughbred racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of two hundred fifty dollars. Any racing association conducting harness racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of one hundred fifty dollars. Any racing association conducting dog races shall pay each day upon which dog races are run a daily license tax of one hundred fifty dollars. In the event thoroughbred racing, harness racing, dog racing, or any combination of the foregoing are conducted on the same day at the same racetrack by the same racing association, only one daily license tax in the amount of two hundred fifty dollars shall be paid for that day. Any daily license tax shall not apply to any local, county or state fair, horse show or agricultural or livestock exposition at which horse racing is conducted for not more than six days.
     (b) Any racing association licensed by the racing commission to conduct thoroughbred racing and permitting and conducting pari- mutuel wagering under the provisions of this article shall, in addition to the daily license tax set forth in subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on thoroughbred racing a tax calculated on the total daily contribution of all pari-mutuel pools conducted or made at any and every thoroughbred race meeting of the licensee licensed under the provisions of this article. The tax, on the pari-mutuel pools conducted or made each day during the months of January, February, March, October, November and December, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five be calculated at two and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at two and three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at two percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at one and one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at one percent of the pool; for fiscal year one thousand nine hundred ninety, seven tenths of one percent, and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter be calculated at four tenths of one percent of the pool; and, on the pari-mutuel pools conducted or made each day during all other months, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five, be calculated at three and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at three and three- tenths percent; for fiscal year one thousand nine hundred eighty- seven, be calculated at three percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at two and one-half percent; for fiscal year one thousand nine hundred eighty- nine, be calculated at two percent of the pool; for fiscal year one thousand nine hundred ninety, be calculated at one and seven-tenths percent of the pool; and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter, be calculated at one and four-tenths percent of the pool: Provided, That out of the amount realized from the three tenths of one percent decrease in the tax effective for fiscal year one thousand nine hundred ninety- one and thereafter, which decrease correspondingly increases the amount of commission retained by the licensee, the licensee shall annually expend or dedicate: (i) One half of the realized amount for capital improvements in its barn area at the track, subject to the racing commission's prior approval of the plans for the improvements; and (ii) the remaining one half of the realized amount for capital improvements as the licensee may determine appropriate at the track. The term "capital improvement" shall be as defined by the internal revenue code: Provided, however, That any racing association operating a horse racetrack in this state having an average daily pari-mutuel pool on horse racing of two hundred eighty thousand dollars or less per day for the race meetings of the preceding calendar year shall, in lieu of payment of the pari-mutuel pool tax, calculated as in this subsection, be permitted to conduct pari-mutuel wagering at the horse racetrack on the basis of a daily pari-mutuel pool tax fixed as follows: On the daily pari-mutuel pool not exceeding three hundred thousand dollars the daily pari-mutuel pool tax shall be one thousand dollars plus the otherwise applicable percentage rate imposed by this subsection of the daily pari-mutuel pool, if any, in excess of three hundred thousand dollars: Provided further, That upon the effective date of the reduction of the daily pari-mutuel pool tax to one thousand dollars from the former two thousand dollars, the association or licensee shall daily deposit five hundred dollars into the special fund for regular purses established by subdivision (1), subsection (b), section nine of this article: And provided further, That if an association or licensee qualifying for the foregoing alternate tax conducts more than one racing performance, each consisting of up to ten thirteen races in a calendar day, the association or licensee shall pay both the daily license tax imposed in subsection (a) of this section and the alternate tax in this subsection for each performance: And provided further, That a licensee qualifying for the foregoing alternate tax is excluded from participation in the fund established by section thirteen-b of this article: And provided further, That this exclusion shall not apply to any thoroughbred racetrack at which the licensee has participated in the West Virginia thoroughbred development fund for more than four consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
     (c) Any racing association licensed by the racing commission to conduct harness racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on harness racing, as a tax, three percent of the first one hundred thousand dollars wagered, or any part thereof; four percent of the next one hundred fifty thousand dollars; and five and three-fourths percent of all over that amount wagered each day in all pari-mutuel pools conducted or made at any and every harness race meeting of the licensee licensed under the provisions of this article.
     (d) Any racing association licensed by the racing commission to conduct dog racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on dog racing, as a tax, four percent of the first fifty thousand dollars or any part thereof of the pari-mutuel pools, five percent of the next fifty thousand dollars of the pari-mutuel pools, six percent of the next one hundred thousand dollars of the pari-mutuel pools, seven percent of the next one hundred fifty thousand dollars of the pari- mutuel pools, and eight percent of all over three hundred fifty thousand dollars wagered each day: Provided, That the licensee shall deduct daily from the pari-mutuel tax an amount equal to one tenth of one percent of the daily pari-mutuel pools in dog racing in fiscal year one thousand nine hundred ninety; fifteen hundredths of one percent in fiscal year one thousand nine hundred ninety-one; two tenths of one percent in fiscal year one thousand nine hundred ninety-two; one quarter of one percent in fiscal year one thousand nine hundred ninety-three; and three tenths of one percent in fiscal year one thousand nine hundred ninety-four and every fiscal year thereafter. The amounts deducted shall be paid to the racing commission to be deposited by the racing commission in a banking institution of its choice in a special account to be known as "West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund". The purpose of the fund is to promote better breeding and racing of greyhounds in the state through awards and purses to bona fide resident owners of accredited West Virginia whelped greyhounds. In order to be eligible to receive an award or purse through the fund, the owner of the accredited West Virginia whelped greyhound must be a bona fide resident of this state. To qualify as a bona fide resident of West Virginia, an owner may not claim residency in any other state. An owner must prove bona fide residency by providing to the commission personal income tax returns filed in the state of West Virginia for the most recent tax year and the three previous tax years, has real or personal property in this state on which the owner has paid real or personal property taxes during the most recent tax year and the previous three tax years and an affidavit stating that the owner claims no other state of residency. The racing commission and the West Virginia greyhound owners and breeders association shall maintain a registry for West Virginia bred greyhounds. The moneys shall be expended by the racing commission for purses for stake races, supplemental purse awards, administration, promotion and educational programs involving West Virginia whelped dogs, owned by residents of this state under rules and regulations promulgated by the racing commission. The racing commission shall pay out of the greyhound breeding development fund to each of the licensed dog racing tracks the sum of seventy-five thousand dollars for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-four. The licensee shall deposit the sum into the special fund for regular purses established under the provisions of section nine of this article. The funds shall be expended solely for the purpose of supplementing regular purses under rules and regulations promulgated by the racing commission.
     Supplemental purse awards will be distributed as follows: Supplemental purses shall be paid directly to the owner of an accredited greyhound or, if the greyhound is leased, the owner may choose to designate a percentage of the purse earned directly to the lessor as agreed to via a written purse distribution form on file with the racing commission.
     The owner of accredited West Virginia whelped greyhounds that earn a purse at any West Virginia meet will receive a bonus award calculated at the end of each month as a percentage of the fund dedicated to the owners as purse supplements, which shall be a minimum of fifty percent of the total moneys deposited into the West Virginia greyhound breeding development fund monthly: Provided, That to be considered an accredited West Virginia whelped greyhound, a dog must be domiciled in the state of West Virginia at least twelve months from the whelping date.
     The total amount of the fund available for the owners' awards shall be distributed according to the ratio of purses earned by an accredited greyhound to the total amount earned in races by all accredited West Virginia whelped greyhounds for that month as a percentage of the funds dedicated to the owners' purse supplements.
     The owner of an accredited West Virginia whelped greyhound shall file a purse distribution form with the racing commission for a percentage of his or her dog's earnings to be paid directly to the lessor registered owner or owners of the greyhound. Distribution shall be made on the fifteenth day of each month for the preceding month's achievements.
     In no event shall purses earned at a meet held at a track which did not make contributions to the West Virginia greyhound breeder's development fund out of the daily pool on the day the meet was held qualify or count toward eligibility for supplemental purse awards.
     Any balance in the purse supplement funds after all distributions have been made for the year revert to the general account of the fund for distribution in the following year.
     In an effort to further promote the breeding of quality West Virginia whelped greyhounds, a bonus purse supplement shall be established in the amount of fifty thousand dollars per annum, to be paid in equal quarterly installments of twelve thousand five hundred dollars per quarter using the same method to calculate and distribute these funds as the regular supplemental purse awards. This bonus purse supplement is for three years only, commencing on the first day of July, one thousand nine hundred ninety-three, and ending the thirtieth day of June, one thousand nine hundred ninety-six. This money would come from the current existing balance in the greyhound development fund.
     Each pari-mutuel greyhound track shall provide stakes races for accredited West Virginia whelped greyhounds: Provided, That each pari-mutuel track shall have one juvenile and one open stake race annually. The racing commission shall oversee and approve racing schedules and purse amounts.
     Ten percent of the deposits into the greyhound breeding development fund beginning the first day of July, one thousand nine hundred ninety-three and continuing each year thereafter, shall be withheld by the racing commission and placed in a special revenue account hereby created in the state treasury called the "administration, promotion and educational account". The racing commission is authorized to expend the moneys deposited in the administration, promotion and educational account at such times and in such amounts as the commission determines to be necessary for purposes of administering and promoting the greyhound development program: Provided, That beginning with fiscal year one thousand nine hundred ninety-five and in each fiscal year thereafter in which the commission anticipates spending any money from the account, the commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill, the recommended expenditures, as well as requests of appropriations for the purpose of administration, promotion and education. The commission shall make an annual report to the Legislature on the status of the administration, promotion and education account, including the previous year's expenditures and projected expenditures for the next year.
     The racing commission, for the fiscal year one thousand nine hundred ninety-four only, may expend up to thirty-five thousand dollars from the West Virginia greyhound breeding development fund to accomplish the purposes of this section without strictly following the requirements in the previous paragraph.
     (e) All daily license and pari-mutuel pools tax payments required under the provisions of this section shall be made to the racing commission or its agent after the last race of each day of each horse or dog race meeting, and the pari-mutuel pools tax payments shall be made from all contributions to all pari-mutuel pools to each and every race of the day.
     (f) Every association or licensee subject to the provisions of this article, including the changed provisions of sections nine and ten of this article, shall annually submit to the racing commission and the Legislature financial statements, including a balance sheet, income statement, statement of change in financial position and an audit of any electronic data system used for pari-mutuel tickets and betting, prepared in accordance with generally accepted auditing standards, as certified by an experienced public accountant or a certified public accountant.
§19-23-13. Disposition of funds for payment of outstanding and unredeemed pari-mutuel tickets; publication of notice; irredeemable tickets; stake races for dog tracks.

     (a) All moneys held by any licensee for the payment of outstanding and unredeemed pari-mutuel tickets, if not claimed within ninety days after the close of a horse or dog race meeting or the televised racing day, as the case may be, in connection with which the tickets were issued, shall be turned over by the licensee to the racing commission within fifteen days after the expiration of the ninety-day period, and the licensee shall give any information required by the racing commission concerning the outstanding and unredeemed tickets. The moneys shall be deposited by the racing commission in a banking institution of its choice in a special account to be known as "West Virginia Racing Commission Special Account - Unredeemed Pari-Mutuel Tickets." Notice of the amount, date and place of each deposit shall be given by the racing commission, in writing, to the state treasurer. The racing commission shall then cause to be published a notice to the holders of the outstanding and unredeemed pari-mutuel tickets, notifying them to present their unredeemed tickets for payment at the principal office of the racing commission within ninety days from the date of the publication of the notice. The notice shall be published within fifteen days following the receipt of the outstanding and unredeemed pari-mutuel ticket moneys by the commission from the licensee as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be the county in which the horse or dog race meeting was held and the county in which the televised racing day wagering was conducted in this state.
     (b) Any outstanding and unredeemed pari-mutuel tickets that are not presented for payment within ninety days from the date of the publication of the notice are thereafter irredeemable, and the moneys theretofore held for the redemption of the pari-mutuel tickets shall become the property of the racing commission and shall be expended as provided in this subsection. The racing commission shall maintain separate accounts for each licensee and shall record in each separate account the moneys turned over by the licensee and the amount expended at the licensee's track for the purposes set forth in this subsection. The moneys in the West Virginia racing commission special account - unredeemed pari-mutuel tickets shall be expended as follows:
     (1) To the owner of the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the owner of the horse is at the time of the horse race a bona fide resident of this state, a sum equal to ten percent of the purse won by the horse at that race. The commission may require proof that the owner was, at the time of the race, a bona fide resident of this state. Upon proof by the owner that he or she filed a personal income tax return in this state for the previous two years and that he or she owned real or personal property in this state and paid taxes in this state on real or personal property for the previous two years, he or she shall be presumed to be a bona fide resident of this state; and
     (2) To the breeder (that is, the owner of the mare) of the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the mare foaled in this state, a sum equal to ten percent of the purse won by the horse; and
     (3) To the owner of the stallion which sired the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the mare which foaled the winning horse was served by a stallion standing and registered in this state, a sum equal to ten percent of the purse won by the horse; and
     (4) To those horse racing licensees not participating in the thoroughbred development fund authorized in section thirteen-b of this article, the unexpended balance of the licensee's account not expended as provided in subdivisions (1), (2) and (3) of this subsection: Provided, That all moneys distributed under this subdivision shall be expended solely for capital improvements at the licensee's track: Provided, however, That the capital improvements must be approved, in writing, by the West Virginia racing commission before funds are expended by the licensee for that capital improvement; and
     (5) When the moneys in the special account, known as the West Virginia racing commission special account - unredeemed pari-mutuel tickets will more than satisfy the requirements of subdivisions (1), (2), (3) and (4) of this subsection, the West Virginia racing commission shall have the authority to expend the excess moneys from unredeemed horse racing pari-mutuel tickets as purse money in any race conditioned exclusively for West Virginia bred or sired horses, and to expend the excess moneys from unredeemed dog racing pari-mutuel tickets in supplementing purses and establishing stake races and dog racing handicaps at the dog tracks: Provided, That subject to the availability of funds, the commission shall, after the requirements of subdivisions (1), (2), (3) and (4) of this subsection have been satisfied:
     (A) Transfer annually two hundred thousand dollars to the West Virginia racing commission special account - West Virginia greyhound breeding development fund; and
     (B) Transfer annually two hundred thousand dollars into a separate account to be used for stakes races for West Virginia bred greyhounds at dog racetracks.; and
     
(C) Transfer annually two hundred thousand dollars to a trust maintained and administered by the organization which is recognized by the West Virginia racing commission, pursuant to a legislative rule proposed for promulgation by the commission and authorized by the Legislature, as the representative of the majority of the active jockeys in West Virginia, for the purpose of providing health and disability benefits to eligible active or disabled West Virginia jockeys and their dependents in accordance with eligibility criteria established by said organization. For purposes of this section in determining health benefits, an eligible active jockey is one who rides at least one hundred mounts per calendar year of which fifty-one must be in the state of West Virginia: Provided, That a jockey is not eligible for health benefits if he or she receives health benefits from any other state; and
     
(D) After all payments to satisfy the requirements of (A), (B) and (C) of this proviso have been satisfied, the commission shall have authority to transfer one hundred fifty thousand dollars left from all uncashed pari-mutuel tickets to the trust maintained and administered by the organization which is recognized by the West Virginia racing commission, pursuant to legislative rule proposed for promulgation by the commission and authorized by the Legislature as the representative of the majority of the active jockeys in West Virginia.
     (c) The commission shall submit to the legislative auditor a quarterly report and accounting of the income, expenditures and unobligated balance in the special account created by this section known as the West Virginia racing commission special account - unredeemed pari-mutuel tickets.
     (d) Nothing contained in this article shall prohibit one person from qualifying for all or more than one of the aforesaid awards or for awards under section thirteen-b of this article.
     (e) The cost of publication of the notice provided for in this section shall be paid from the funds in the hands of the state treasurer collected from the pari-mutuel pools' tax provided for in section ten of this article, when not otherwise provided in the budget; but no such costs shall be paid unless an itemized account thereof, under oath, be first filed with the state auditor.
§19-23-13b. West Virginia thoroughbred development fund; distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.

     (a) The racing commission shall deposit moneys required to be withheld by an association or licensee in subsection (b), section nine of this article in a banking institution of its choice in a special account to be known as "West Virginia racing commission special account -- West Virginia thoroughbred development fund". Notice of the amount, date and place of the deposit shall be given by the racing commission, in writing, to the state treasurer. The purpose of the fund is to promote better breeding and racing of thoroughbred horses in the state through awards and purses for accredited breeders/raisers, sire owners and thoroughbred race horse owners. A further objective of the fund is to aid in the rejuvenation and development of the present horse tracks now operating in West Virginia for capital improvements, operations or increased purses: Provided, That five percent of the deposits required to be withheld by an association or licensee in subsection (b), section nine of this article shall be placed in a special revenue account hereby created in the state treasury called the "administration and promotion account".
     (b) The racing commission is authorized to expend the moneys deposited in the administration and promotion account at times and in amounts as the commission determines to be necessary for purposes of administering and promoting the thoroughbred development program: Provided, That during any fiscal year in which the commission anticipates spending any money from the account, the commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill the recommended expenditures, as well as requests of appropriations for the purpose of administration and promotion of the program. The commission shall make an annual report to the Legislature on the status of the administration and promotion account, including the previous year's expenditures and projected expenditures for the next year.
     (c) The fund and the account established in subsection (a) of this section shall operate on an annual basis.
     (d) Funds in the thoroughbred development fund shall be expended for awards and purses except as otherwise provided in this section. Annually, the first three hundred thousand dollars of the fund shall be available for distribution for stakes races. One of the stakes races shall be the West Virginia futurity and the second shall be the Frank Gall memorial stakes. The remaining races may be chosen by the committee set forth in subsection (g) of this section.
     (e) Awards and purses shall be distributed as follows:
     (1) The breeders/raisers of accredited thoroughbred horses that earn a purse at any West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to the breeders/raisers, which shall be sixty percent of the fund available for distribution in any one year. The total amount available for the breeders'/raisers' awards shall be distributed according to the ratio of purses earned by an accredited race horse to the total amount earned in the races by all accredited race horses for that year as a percentage of the fund dedicated to the breeders/raisers. However, no breeder/raiser may receive from the fund dedicated to breeders'/raisers' awards an amount in excess of the earnings of the accredited horse at West Virginia meets. In addition, should a horse's breeder and raiser qualify for the same award on the same horse, they will each be awarded one half of the proceeds. The bonus referred to in this subdivision may only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
     (2) The owner of a West Virginia sire of an accredited thoroughbred horse that earns a purse in any race at a West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to sire owners, which shall be fifteen percent of the fund available for distribution in any one year. The total amount available for the sire owners' awards shall be distributed according to the ratio of purses earned by the progeny of accredited West Virginia stallions in the races for a particular stallion to the total purses earned by the progeny of all accredited West Virginia stallions in the races. However, no sire owner may receive from the fund dedicated to sire owners an amount in excess of thirty-five percent of the accredited earnings for each sire. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
     (3) The owner of an accredited thoroughbred horse that earns a purse in any race at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of the year, which shall be twenty-five percent of the fund available for distribution in any one year, based on the ratio of the earnings in the races of a particular race horse to the total amount earned by all accredited race horses in the races during that year as a percentage of the fund dedicated to purse supplements. However, the owners may not receive from the fund dedicated to purse supplements an amount in excess of thirty-five percent of the total accredited earnings for each accredited race horse. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
     (4) In no event may purses earned at a meet held at a track which did not make a contribution to the thoroughbred development fund out of the daily pool on the day the meet was held qualify or count toward eligibility for an award under this subsection.
     (5) Any balance in the breeders/raisers, sire owners and purse supplement funds after yearly distributions shall first be used to fund the races established in subsection (g) of this section. Any amount not so used shall revert back into the general account of the thoroughbred development fund for distribution in the next year.
     Distribution shall be made on the fifteenth day of each February for the preceding year's achievements.
     (f) The remainder, if any, of the thoroughbred development fund that is not available for distribution in the program provided for in subsection (e) of this section in any one year is reserved for regular purses, marketing expenses and for capital improvements in the amounts and under the conditions provided in this subsection.
     (1) Fifty percent of the remainder shall be reserved for payments into the regular purse fund established in subsection (b), section nine of this article.
     (2) Up to five hundred thousand dollars per year shall be available for:
     (A) Capital improvements at the eligible licensed horse racing tracks in the state; and
     (B) Marketing and advertising programs above and beyond two hundred fifty thousand dollars for the eligible licensed horse racing tracks in the state: Provided, That moneys shall be expended for capital improvements or marketing and advertising purposes as described in this subsection only in accordance with a plan filed with and receiving the prior approval of the racing commission, and on a basis of fifty-percent participation by the licensee and fifty-percent participation by moneys from the fund, in the total cost of approved projects: Provided, however, That funds approved for one track may not be used at another track unless the first track ceases to operate or is viewed by the commission as unworthy of additional investment due to financial or ethical reasons.
     (g) (1) Each pari-mutuel thoroughbred horse track shall provide at least one restricted race per two racing days.: Provided, That, if there are sufficient additional funds available under the provisions of subdivision (4) of this subsection, each pari-mutuel thoroughbred horse track may provide one restricted race per race day.
     (2) The restricted races established in this subsection shall be administered by a three-member committee consisting of:
     (A) The racing secretary;
     (B) A member appointed by the authorized representative of a majority of the owners and trainers at the thoroughbred track; and
     (C) A member appointed by a majority of the thoroughbred breeders.
     (3) The purses for the restricted races established in this subsection shall be twenty percent larger than the purses for similar type races at each track.
     (4) Restricted races shall be funded by each racing association from:
     (A) Moneys placed in the general purse fund up to a maximum of three hundred fifty thousand dollars per year.
     (B) Moneys as provided in subdivision (5), subsection (e) of this section, which shall be placed in a special fund called the "West Virginia accredited race fund".
     (5) The racing schedules, purse amounts and types of races are subject to the approval of the West Virginia racing commission.
     (h) As used in this section, "West Virginia-bredfoal" means a horse that was born in the state of West Virginia.
     (i) To qualify for the West Virginia accredited race fund, the breeder must qualify under one of the following:
     (1) The breeder of the West Virginia-bred foal is a West Virginia resident;
     (2) The breeder of the West Virginia-bred foal is not a West Virginia resident, but keeps his or her breeding stock in West Virginia year round; or
     (3) The breeder of the West Virginia-bred foal is not a West Virginia resident and does not qualify under subdivision (2) of this subsection, but either the sire of the West Virginia-bred foal is a West Virginia stallion, or the mare is covered that year exclusively by a West Virginia stallion following the birth of that West Virginia-bred foal.
     (j) No association or licensee qualifying for the alternate tax provision of subsection (b), section ten of this article is eligible for participation in any of the provisions of this section: Provided, That the provisions of this subsection do not apply to a thoroughbred race track at which the licensee has participated in the West Virginia thoroughbred development fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
     (k) From the first day of July, two thousand one, West Virginia accredited thoroughbred horses have preference for entry in all accredited races at a thoroughbred race track at which the licensee has participated in the West Virginia thoroughbred development fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
     The bill (Eng. Com. Sub. for H. B. No 2414), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Harrison, Smith and Weeks--3.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2414) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--27.
     The nays were: Guills, Harrison, Oliverio, Rowe, Smith and Weeks--6.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2414) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2414--A Bill to amend and reenact sections ten, thirteen and thirteen-b, article twenty-three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to horse and dog racing generally; increasing from ten to thirteen the number of racing performances during a calendar day by an association or licensee before the payment of both the daily license tax and the alternative tax imposed by section ten of said article; creating bona fide resident of West Virginia for participation in the greyhound dog whelping fund; defining proof of bona fide residency; deleting provisions related to payment to lessors; deleting provisions relating to contributions to the jockey fund from the uncashed pari-mutuel ticket fund; and increasing the amount of restricted thoroughbred horse races in certain circumstances.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 4. ASSESSMENT OF REAL PROPERTY.
§11-4-3. Definitions.

     For the purpose of giving effect to the "Tax Limitations Amendment", this chapter shall be interpreted in accordance with the following definitions, unless the context clearly requires a different meaning:
     "Owner" means the person, as defined in section ten, article two, chapter two of this code, who is possessed of the freehold, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust securing a debt or liability is considered the owner until the mortgagee or trustee takes possession, after which the mortgagee or trustee shall be considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title is also considered the owner.
     "Used and occupied by the owner thereof exclusively for residential purpose" means actual habitation by the owner or the owner's spouse of all or a portion of a parcel of real property as a primary place of abode to the exclusion of any commercial use: Provided, That if the parcel of real property was unoccupied at the time of assessment and either: (a) Was used and occupied by the owner thereof exclusively for residential purposes on the first day of July of the previous year assessment date; or (b) was unimproved on the first of July of the previous year but a building improvement for residential purposes was subsequently constructed thereon between that date and the time of assessment; or (c) is retained by the property owner for noncommercial purposes and was most recently used and occupied by the owner or the owner's spouse as a residence, and the owner, as a result of illness, accident or infirmity, is residing with a family member or is a resident in a nursing home, personal care home, rehabilitation center or similar facility, then the property shall be considered "used and occupied by the owner thereof exclusively for residential purpose": Provided, however, That nothing herein contained shall permit an unoccupied or unimproved property to be considered "used and occupied by the owner thereof exclusively for residential purposes" for more than one year unless the owner, as a result of illness, accident or infirmity, is residing with a family member or is a resident of a nursing home, personal care home, rehabilitation center or similar facility. If a license is required for an activity on the premises or if an activity is conducted thereon which involves the use of equipment of a character not commonly employed solely for domestic as distinguished from commercial purposes, the use may not be considered to be exclusively residential.
     "Family member" means a person who is related by common ancestry, adoption or marriage, including, but not limited to, persons related by lineal and collateral consanguinity.
     "Farm" means a tract or contiguous tracts of land used for agriculture, horticulture or grazing and includes all real property designated as "wetlands" by the United States army corps of engineers or the United States fish and wildlife service.
     "Occupied and cultivated" means subjected as a unit to farm purposes, whether used for habitation or not, and, although parts may be lying fallow, in timber or in wastelands.
ARTICLE 6B. HOMESTEAD PROPERTY TAX EXEMPTION.

§11-6B-2. Definitions.

     For purposes of this article, the term:
     (1) "Assessed value" means the value of property as determined under article three of this chapter.
     (2) "Claimant" means a person who is age sixty-five or older or who is certified as being permanently and totally disabled, and who owns a homestead that is used and occupied by the owner thereof exclusively for residential purposes: Provided, That: (1) If the property was most recently used and occupied by the owner or the owner's spouse thereof exclusively for residential purposes; (2)the owner, as a result of illness, accident or infirmity, is residing with a family member or is a resident of a nursing home, personal care home, rehabilitation center or similar facility; and (3) the property is retained by the owner for noncommercial purposes, then the owner of that property may continue to claim a homestead property tax exemption on the property.
_____(3)"Family member" means a person who is related by common ancestry, adoption or marriage, including, but not limited to, persons related by lineal and collateral consanguinity.
_____
(3) (4) "Homestead" means a single family residential house, including a mobile or manufactured or modular home, and the land surrounding such structure; or a mobile or manufactured or modular home regardless of whether the land upon which such mobile or manufactured or modular home is situated is owned or leased.
     (4) (5) "Owner" means the person who is possessed of the homestead, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust shall be deemed considered the owner. A person who has an equitable estate of freehold or is a purchaser of a freehold estate who is in possession before transfer of legal title shall also be deemed considered the owner. Personal property mortgaged or pledged shall, for the purpose of taxation, be deemed considered the property of the party in possession.
     (5) (6) "Permanently and totally disabled" means a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental condition which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.
     (6) (7) "Sixty-five years of age or older" includes a person who attains the age of sixty-five on or before the thirtieth day of June following the July first assessment day.
     (7) (8) "Used and occupied exclusively for residential purposes" means that the property is used as an abode, dwelling or habitat for more than six consecutive months of the calendar year prior to the date of application by the owner thereof; and that the property is used only as an abode, dwelling or habitat to the exclusion of any commercial use: Provided, That failure to satisfy this six-month period shall not prevent allowance of a homestead exemption to a former resident in accordance with section three of this article.
     (8) (9) "Tax year" means the calendar year following the July first assessment day.
     (9) (10) "Resident of this state" means an individual who is domiciled in this state for more than six months of the calendar year.
§11-6B-4. Claim for exemption; renewals; waiver of exemption.

     (a) General. -- No exemption shall be allowed under this article unless a claim of exemption is filed with the assessor of the county in which the homestead is located, on or before the first day of October December following the July first assessment day. In the case of sickness, absence or other disability of the claimant, the claim may be filed by the claimant or his or her duly authorized agent.
     (b) Claims for disability exemption. -- Each claim for exemption based on the owner being permanently and totally disabled shall include one of the following forms of documentation in support of said claim: (1) A written certification by a doctor of medicine or doctor of osteopathy licensed to practice their particular profession in this state that the claimant is permanently and totally disabled; (2) a written certification by the social security administration that the claimant is currently receiving benefits for permanent and total disability; (3) a copy of the letter from the social security administration originally awarding benefits to the claimant for permanent and total disability and a copy of a current check for such benefits, marked void; (4) a current social security health insurance (medicare) card in the name of the claimant and a copy of a current check to the claimant, marked void, for benefits from the social security administration for permanent and total disability; (5) a written certification signed by the veterans administration certifying that a person is totally and permanently disabled; (6) any lawfully recognized workers' compensation documentation certifying that a person is totally and permanently disabled; (7) any lawfully recognized pneumoconiosis documentation certifying that a person is totally and permanently disabled; or (8) any other lawfully recognized documentation certifying that a person is totally and permanently disabled.
     (c) Renewals. --
     (1) Senior citizens. -- If the claimant is age sixty-five or older, then after the claimant has filed for the exemption once with his or her assessor, there shall be no need for that claimant to refile unless the claimant moves to a new homestead.
     (2) Disabled. -- If the claimant is permanently and totally disabled, then after the claimant has filed for the exemption once with his or her assessor, and signed a statement certifying that he or she will notify the assessor if he or she is no longer eligible for an exemption on the basis of being permanently and totally disabled and that the claimant will notify the assessor within thirty days of the discontinuance of the receipt of benefits for permanent and total disability, if the claimant originally claimed receipt of said benefits to document his or her claim for exemption, there shall be no need for that claimant to refile, unless the claimant moves to a new homestead.
     (3) Waiver of exemption. -- Any person not filing his or her claim for exemption on or before the first day of October December shall be determined to have waived his or her right to exemption for the next tax year.
     (4) Residential care exception. -- For purposes of this section, an otherwise qualified claimant who, as a result of illness, accident or infirmity, resides with a family member or is a resident at a nursing home, personal care home, rehabilitation center or similar facility is not considered to have moved to a new homestead.
§11-6B-5. Determination; notice of denial of claim or exemption.
     (a) The assessor shall, as soon as practicable after a claim for exemption is filed, review that claim and either approve or deny it. If the exemption is denied, the assessor shall promptly, but not later than the first day of November January, serve the claimant with written notice explaining why the exemption was denied and furnish a form for filing with the county commission should the claimant desire to take an appeal. The notice required or authorized by this section shall be served on the claimant or his or her authorized representative either by personal service or by certified mail.
     (b) In the event that the assessor shall have information sufficient to form a reasonable belief that a claimant, after having been originally granted an exemption, is not eligible for said exemption, he or she shall deny the exemption on the next assessment date and shall promptly, but no later than the first day of November January, serve the claimant with written notice explaining the reasons for the denial and furnish a form for filing with the county commission should the claimant desire to take an appeal.
§11-6B-6. Appeals procedure.

     (a) Notice of appeal; thirty days. -- Any claimant aggrieved by the denial of his or her claim for exemption or the subsequent denial of his or her exemption may appeal to the county commission within thirty days after receipt of written notice explaining why the exemption was denied.
     (b) Review; determination; appeal. -- The county commission shall complete its review and issue its determination within sixty days after receipt of the notice of appeal from the claimant as soon as practicable after receipt of the notice of appeal, but in no event later than the twenty-eighth day of February of the tax year for which the exemption is first applied. In conducting its review, the county commission may hold a hearing on the claim. The assessor or the claimant may apply to the circuit court of the county for review of the determination of the county commission in the same manner as is provided for appeals from the county commission in section twenty-five, article three of this chapter.
     The bill (Eng. Com. Sub. for H. B. No. 2477), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2477) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2477) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2700, Adding health maintenance organization review committee to the definition of "review organizations".
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.
§30-3C-1. Definitions.
     As used in this article:
     "Health care professionals" means individuals who are licensed to practice in any health care field under the laws of this state;
     "Peer review" means the procedure for evaluation by health care professionals of the quality and efficiency of services ordered or performed by other health care professionals, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review and claims review;
     "Professional society" includes medical, psychological, nursing, dental, optometric, pharmaceutical, chiropractic and podiatric organizations having as members at least a majority of the eligible licentiates in the area or health care facility or agency served by the particular organization; and
     "Review organization" means any committee or organization engaging in peer review, including a hospital utilization review committee, a hospital tissue committee, a medical audit committee, a health insurance review committee, a health maintenance organization review committee, hospital, medical, dental and health service corporation review committee, a hospital plan corporation review committee, a professional health service plan review committee or organization, a dental review committee, a physicians' advisory committee, a podiatry advisory committee, a nursing advisory committee, any committee or organization established pursuant to a medical assistance program, and any committee established by one or more state or local professional societies or institutes, to gather and review information relating to the care and treatment of patients for the purposes of: (i) Evaluating and improving the quality of health care rendered; (ii) reducing morbidity or mortality; or (iii) establishing and enforcing guidelines designed to keep within reasonable bounds the cost of health care. It shall also mean any hospital board committee or organization reviewing the professional qualifications or activities of its medical staff or applicants for admission thereto, and any professional standards review organizations established or required under state or federal statutes or regulations.
     The bill (Eng. H. B. No. 2700), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2700) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2700) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2700--A Bill to amend and reenact section one, article three-c, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to peer review organization protection; and adding to the definition of "review organization" a health maintenance organization review committee and a hospital, medical, dental and health service corporation review committee.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2702, Eliminating the examination assessment fee on risk retention groups.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 32. RISK RETENTION ACT.
§33-32-5. Tax on premiums collected.
     (a) Each risk retention group shall pay to the commissioner, annually on the first day of March of each year, a tax at the rate of two percent of the taxable premiums on policies or contracts of insurance covering property or risks in this state and on risk and property situated elsewhere upon which no premium tax is otherwise paid during the previous year. Each risk retention group shall is also be subject to the additional premium taxes levied by sections fourteen-a and fourteen-d, article three of this chapter. and the examination assessment fee levied by section nine [§ 33-2-9] of article two of this chapter.
     (b) The taxes provided for in this section shall constitute all taxes collectible under the laws of this state from any risk retention group, and no other premium tax or other taxes shall be levied or collected from any risk retention group by the state or any county, city or municipality within this state, except ad valorem taxes. Each risk retention group shall be subject to the same interests, additions, fines and penalties for nonpayment as are generally applicable to insurers.
     (c) To the extent that a risk retention group utilizes uses insurance agents, each agent shall keep a complete and separate record of all policies procured from each risk retention group. which The record shall be open to examination by the commissioner, as provided in section nine, article two of this chapter. These records shall, for each policy and each kind of insurance provided thereunder under the policy, include the following:
     (1) The limit of liability;
     (2) The time period covered;
     (3) The effective date;
     (4) The name of the risk retention group which issued the
policy;
     (5) The gross premium charged; and
     (6) The amount of return premiums, if any.
     The bill (Eng. Com. Sub. for H. B. No. 2702), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2702) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2702) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new articles, designated articles nine-d and nine-e, all to read as follows:
ARTICLE 9D. DELIVERY SALES OF TOBACCO.

§16-9D-1. Definitions.
     For purposes of this article:
     (a) "Adult" means a person who is at least the legal minimum purchase age, as defined by article nine-a, section two of this chapter.
     (b) "Consumer" means an individual who does not hold a business registration certificate in this state for the business of selling tobacco products as a wholesale or retail dealer.
     (c)  "Delivery sale" means any sale of cigarettes to a consumer in this state where either: (1) The purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service or the internet or other online service; or (2) the cigarettes are delivered by use of the mails or a delivery service. A sale of cigarettes shall be a delivery sale regardless of whether or not the seller is located within this state. A sale of cigarettes not for personal consumption to a person who holds a business registration certificate as a wholesale dealer or a retail dealer shall not be a delivery sale.
     (d) "Delivery service" means any person who is engaged in the commercial delivery of letters, packages or other containers.
     (e) "Department" means the state tax department.
     (f) "Legal minimum purchase age" is at least eighteen years of age as defined by article nine-a, section two of this chapter for the purchase of cigarettes in this state.
     (g) "Mails" or "mailing" means the shipment of cigarettes through the United States postal service.
     (h)  "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.
     (i) "Shipping documents" means bills of lading, airbills or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages or other containers.
16-9D-2. Requirements for delivery sales.

     (a) No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum purchase age in this state.
     (b) Each person accepting a purchase order for a delivery sale shall comply with:
     (1) The age verification requirements set forth in section three of this article;
     (2) The disclosure requirements set forth in subdivision (3), subsection (a), section three of this article;
     (3) The shipping requirements set forth in section four of this article;
     (4) The registration and reporting requirements set forth in section five of this article;
     (5) The tax collection requirements set forth in section six of this article; and
     (6) All other laws of this state generally applicable to sales of cigarettes that occur entirely within this state, including, but not limited to, those laws imposing: (i) Excise taxes; (ii) sales taxes; (iii) license and revenue-stamping requirements; and (iv) escrow or other payment obligations.
§16-9D-3. Age verification requirements.

     (a) No person shall mail, ship or otherwise deliver cigarettes in connection with a delivery sale unless, prior to the first delivery sale to a consumer, the person:
     (1) Obtains from the prospective consumer a certification that includes a reliable confirmation that the consumer is at least the legal minimum purchase age and a statement signed by the prospective consumer in writing that certifies the prospective consumer's address and that the consumer is at least eighteen years of age. The statement shall also confirm: (i) That the prospective consumer understands that it is illegal to sign another person's name to the certification; (ii) that the sale of cigarettes to individuals under the legal minimum purchase age is illegal; and (ii) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of this state;
     (2) Verifies the information contained in the certification provided by the prospective consumer against an appropriate database of government records available to the distributor or seller, or obtains simultaneous with the certificate as provided for in subdivision (1) of this subsection, a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;
     (3) Sends to the prospective consumer, via e-mail or other means, a notice that contains: (A) A prominent and clearly legible statement that cigarette sales to a consumer below the legal minimum purchase age is illegal; (B) a prominent and clearly legible statement that consists of one of the warnings set forth in Section 4(a)(1) of the federal Cigarette Labeling and Advertising Act, 15 U. S. C. §1333(a)(1), rotated on a quarterly basis; (C) a prominent and clearly legible statement that sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with section three of this article; and (D) a prominent and clearly legible statement that cigarette sales are subject to excise and sales taxes in this state, and an explanation of how such taxes have been, or are to be, paid with respect to the delivery sale;
     (4) In the case of an order for cigarettes pursuant to an advertisement on the internet, receives payment for the delivery sale from the prospective consumer by a credit or debit card or check that has been issued in the consumer's name.
     (b) Persons accepting purchase orders for delivery sales may request that prospective consumers provide their e-mail addresses.
§16-9D-4. Shipping requirements.

     (a) Each person who mails, ships or otherwise delivers cigarettes in connection with a delivery sale:
     (1) Shall include as part of the bill of lading or other shipping documents a clear and conspicuous statement providing as follows: "Cigarettes: West Virginia Law Prohibits Shipping to Individuals Under 18 and Requires the Payment of all Applicable Taxes";
     (2) Shall use a method of mailing, shipping or delivery that obligates the delivery service to require: (i) The consumer placing the purchase order for the delivery sale, or another adult of legal minimum purchase age, to sign to accept delivery of the shipping container; and (ii) proof, in the form of a valid, government-issued identification bearing a photograph of the individual who signs to accept delivery of the shipping container, demonstrating that he is either the addressee or another adult of legal minimum purchase age; and
     (3) Shall provide to the delivery service retained for such delivery sale evidence of full compliance with section seven of this article.
     (b) A delivery service shall be in violation of this article if it: (1) Ships or otherwise delivers cigarettes in connection with a delivery sale without first receiving evidence of compliance with section seven of this article; or (2) fails to comply with the requirements described in subsection (a) of this section or described in section six of this article:
     (1) When obligated to do so under a method of shipping or delivery;
     (2) When delivering any container pursuant to shipping documents containing the statement described in subdivision one of subsection (a) of this section; or
     (3) When delivering any container that the delivery service otherwise has reason to know contains cigarettes.
     (c) If the person accepting a purchase order for a delivery sale delivers the cigarettes without using a delivery service, that person shall comply with all requirements of this article applicable to a delivery service and shall be in violation of the provisions of this article upon failure to comply with the requirements.
§16-9D-5. Registration and reporting requirements.

     (a) Prior to making delivery sales or mailing, shipping or otherwise delivering cigarettes in connection with any such sales, every person shall file with the department a statement setting forth the seller's name, trade name and the address of the seller's principal place of business and any other place of business.
     (b) Not later than the tenth day of each calendar month, each person that has made a delivery sale or mailed, shipped or otherwise delivered cigarettes in connection with any such sale during the previous calendar month shall file with the department a memorandum or a copy of the invoice that provides for each and every delivery sale:
     (1) The name and address of the consumer to whom the delivery sale was made;
     (2) The brand or brands of the cigarettes that were sold in the delivery sale; and
     (3) The quantity of cigarettes that were sold in the delivery sale.
     (c) Any person that satisfies the requirements of 15 U. S. C. §376 shall be deemed to satisfy the requirements of this section.
§16-9D-6. Collection of taxes.

     Each person accepting a purchase order for a delivery sale shall collect and remit to the department all cigarette taxes imposed by this state with respect to such delivery sale, except that the collection and remission shall not be required to the extent the person has obtained proof, in the form of the presence of applicable tax stamps or otherwise, that the taxes already have been paid to this state.
§16-9D-7. Penalties.

     (a) Except as otherwise provided in this section, a first violation of any provision of this article shall be a misdemeanor and punishable by a fine of five hundred dollars or five times the retail value of the cigarettes involved, whichever is greater.
     (b) Any person who knowingly violates any provision of this article, or who knowingly and falsely submits a certification under section three of this article in another person's name, shall be guilty of a misdemeanor be fined one thousand dollars or ten times the retail value of the cigarettes involved, whichever is greater, or confined not more than six months, or both.
     (c) Any person failing to collect or remit to the department any tax required in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail value of the cigarettes involved.
     (d) Any cigarettes sold or attempted to be sold in a delivery sale that does not meet the requirements of this article shall be forfeited to this state and destroyed. All fixtures, equipment and all other materials and personal property on the premises of any person who, with the intent to defraud this state, violates any of the requirements of this article shall be forfeited to this state.
§16-9D-8. Enforcement.

     For violations of this article resulting in a delivery of tobacco products in this state, the prosecuting attorney of the county where the delivery is made shall have the power to prosecute the violation and to bring any action necessary to prevent further violations. The attorney general or any person who holds a valid permit under 26 U. S. C. §5712 may bring any actions required to enforce all other requirements of this article and to prevent all other violations of its provisions.
ARTICLE 9E. COUNTERFEIT CIGARETTES.

§16-9E-1. Definition.
     As used in this article, "counterfeit cigarettes" means cigarettes that: (a) Have false manufacturing labels; (b) are not manufactured by the manufacturer indicated on the container; or (c) have a false tax stamp affixed to the container.
§16-9E-2. Prohibition of counterfeit cigarettes.

     It shall be unlawful for any person to knowingly possess or sell counterfeit cigarettes and all counterfeit cigarettes and the equipment, materials and personal property used in substantial connection with a knowing violation of this article may be seized and destroyed by any law-enforcement agency of this state.
§16-9E-3. Penalties.

     (a)  Any person who knowingly violates the provisions of this article with a total quantity of less than two cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than one thousand dollars and for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than five thousand dollars and the revocation for a period of six months of any business held by the person.
     (b)  Any person who knowingly violates the provisions of this article with a total quantity of two or more cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than two thousand dollars and for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than fifty thousand dollars and the revocation for a period of one year of any business registration certificate held by the person.
§16-9E-4. Enforcement.

     The attorney general, the prosecuting attorney for the county in which counterfeit cigarettes are found or any person who holds a valid permit under 26 U. S. C. §5712 may bring an action in the circuit court of that county to prevent or restrain violations of this article by any person or any person controlling that person.
     The bill (Eng. H. B. No. 2748), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--31.
     The nays were: Smith and Weeks--2.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2748) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Sprouse, Unger, White and Tomblin (Mr. President)--31.
     The nays were: Smith and Weeks--2.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2748) passed.
     The following amendment to the title of the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2748--A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new articles, designated articles nine-d and nine-e, all relating to restricting delivery sales of tobacco products and prohibiting possession of counterfeit cigarettes; defining terms; specifying requirements for verification of age and identity of purchasers; requiring notices to consumers; establishing requirements for shipping and shippers; establishing requirements for registration and reporting to the department of tax and revenue; requiring payment of taxes; providing for forfeiture of tobacco products and personal property; prohibiting the possession or sale of counterfeit cigarettes; and providing for civil and criminal penalties.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2753, Prohibiting participation in animal fighting ventures and making violations a felony.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-19a. Animal fighting ventures prohibited.

     (a) It is unlawful for any person to engage in, be employed at or to purchase or sell an admission to any animal fighting venture.
     (b) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars and not more than one thousand dollars, or confined in the county jail not exceeding one year, or both so fined and confined, and may be divested of ownership and control of such animals and be liable for all costs for their care and maintenance: Provided, That if the animal is a wild animal, game animal or fur-bearing animal, as defined in section two, article one, chapter twenty of this code, or wildlife not indigenous to West Virginia, or of a canine, feline, porcine, bovine or equine species, whether wild or domesticated, the person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand dollars and not more than five thousand dollars, and imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned,
§61-8-19b. Attendance at animal fighting ventures prohibited; penalty.

     (a) It is unlawful for any person to knowingly attend an animal fighting venture involving animals as provided in subsection (a) and (b), section nineteen-a, article eight of this chapter.
     (b) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars and not more than one thousand dollars, or confined in the county or regional jail not more than one year, or both fined and imprisoned.
     The bill (Eng. Com. Sub. for H. B. No. 2753), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2753) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: Dempsey, Fanning and Love--3.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2753) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2764, Defining the content of subpoenas that may be issued by the insurance commissioner.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-4. Authority to take depositions, subpoena witnesses, etc.

     (a) For the purpose of any investigation or proceeding under this chapter, the commissioner or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondences, memoranda, agreements or other documents or records which the commissioner considers relevant or material to the inquiry. The commissioner's authority to subpoena witnesses and documents outside the state shall exist to the maximum extent permissible under federal constitutional law.
     (b) Subpoenas may be issued to any person and may require that person, among other things, to:
     (1) Testify under oath;
     (2) Answer written interrogatories under oath;
     (3) Produce documents and tangible things; and
     (4) Permit inspection and copying of documents.
     (c) Content of subpoena. -- A subpoena shall:
     (1) Describe generally the nature of the investigation;
     (2) If the subpoena requires testimony under oath, specify the date, time and place for the taking of testimony;
     (3) If the subpoena requires answers to written interrogatories, contain a copy of the written interrogatories;
     (4) If the subpoena requires the production of tangible things or documents:
     (A) Describe the things and documents to be produced with reasonable specificity; and
     (B) Specify a date, time and place at which the things and documents are to be produced;
     (5) Notify the person to whom the subpoena is directed of the obligation to supplement responses;
     (6) Advise the person to whom the subpoena is directed that the person may be represented by counsel; and
     (7) Identify a member of the office of the insurance commissioner who may be contacted in reference to the subpoena.
     (d) For subpoenas to corporations and other entities, the following apply:
     (1) A subpoena directed to a corporation, partnership or other business entity that requires testimony under oath shall describe with reasonable particularity the subject matter of the testimony;
     (2) An entity that receives a subpoena to answer written interrogatories or to testify under oath shall designate one or more of its officers, agents, employees or other authorized persons familiar with the subject matter specified in the subpoena to respond to the subpoena on its behalf;
     (3) The persons designated by an entity to respond to a subpoena on its behalf shall answer the interrogatories or testify as to all matters known or reasonably available to the entity; and
     (4) A subpoena directed to an entity that requires testimony under oath or answers to written interrogatories shall advise the entity of its obligations under this section.
     (e) Effect of other proceedings. -- The institution or pendency of administrative or judicial proceedings against a person by the commissioner does not relieve the person of his or her obligation to respond to a subpoena issued under this section.
     (f) Subpoenas for interrogatories and answers and requests for production of documents or tangible things and answers propounded and obtained under this section pursuant to an investigation are exempted from disclosure under the provisions of article one, chapter twenty-nine-b of this code and are not open to public inspection. The commissioner may not disclose facts or information obtained from the investigation except as the official duty of the commissioner requires.
     (g) Nothing in this section prohibits the commissioner from providing information or receiving information from any local, state, federal or international law-enforcement authorities, including any prosecuting authority; from complying with subpoenas or other lawful process in criminal proceedings or other action by the state; or from taking action as may otherwise be provided in this article.
     The bill (Eng. H. B. No. 2764), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2764) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2764) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2764--A Bill to amend and reenact section four, article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the subpoena power of the insurance commissioner; setting forth requirements for contents of subpoena; providing for subpoenas to be issued to persons and to corporations; providing that pendency of another action does not relieve a person's duty to respond to subpoena of the commissioner; and providing that evidence produced in response to subpoena and interrogatories are exempt from the disclosure requirements of the freedom of information act.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2797, Authorizing the DMV to reimburse members of the motor vehicle dealer advisory board and the motorcycle safety awareness board for necessary expenses.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:        
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.

§17A-6-18a. Motor vehicle dealers advisory board.
     (a) There is created continued a motor vehicle dealers advisory board to assist and to advise the commissioner on the administration of laws regulating the motor vehicle industry; to work with the commissioner in developing new laws, rules or policies regarding the motor vehicle industry; and to give the commissioner such any further advice and assistance as he or she may, from time to time, require.
     The board shall consist of nine members and the commissioner of motor vehicles, or his or her representative, who shall be an ex officio member. Two members shall represent new motor vehicle dealers, with one of these two members representing dealers that sell less than one hundred new vehicles per year; one member shall represent used motor vehicle dealers; one member shall represent wrecker/dismantler/rebuilders; one member shall represent automobile auctions; one member shall represent recreational dealers; one member shall represent the West Virginia attorney general's office; and two members shall represent consumers. All of the representatives, except the attorney general representative who shall be designated by the attorney general, shall be appointed by the governor with the advice and consent of the Senate, with no more than five representatives being from the same political party. The appointed members shall serve without compensation
     The terms of the board members shall be for three years commencing the first day of July, one thousand nine hundred ninety-six. Two members shall be appointed to serve one year, two members shall be appointed to serve two years and five members shall be appointed to serve three years. Successive appointments shall be for the full three years. The attorney general representative shall serve continuously.
     The board shall meet at least four times annually and at the call of the commissioner.
     (b) The commissioner shall consult with the board before he or she takes any disciplinary action against a dealer, an automobile auction or a license service to revoke or suspend a license, place the licensee on probation or levy a civil penalty, unless the commissioner determines that the consultation would endanger a criminal investigation.
     (c) The commissioner may consult with the board by mail, by facsimile, by telephone or at a meeting of the board, but the commissioner is not bound by the recommendations of the board. The commissioner shall give members seven days from the date of a mailing or other notification to respond to proposed actions, except in those instances when the commissioner determines that the delay in acting creates a serious danger to the public's health or safety or would unduly compromise the effectiveness of the action.
     (d) No action taken by the commissioner shall be is subject to challenge or rendered invalid on account of his or her failure to consult with the board.
     (e) The appointed members shall serve without compensation; however, members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in legitimate board activities in accordance with the guidelines of the travel management office of the department of administration or its successor agency.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-8. Motorcycle safety awareness board continued.

     (a) The motorcycle safety and education committee created pursuant to subsection (f), of section forty-four, article fifteen, chapter seventeen-c of this code will terminate on the thirtieth day of June, two thousand one.
     
(b) Effective the first day of July, two thousand one, there There is created continued an eight-member motorcycle safety awareness board consisting of four ex officio members and four nongovernmental members. The ex officio members are the motorcycle safety program coordinator, as appointed under section two of this article, or a designee; the superintendent of the state police or a designee; the commissioner of the bureau for public health or a designee; and the commissioner of the division of tourism or a designee. The four nongovernmental members are a licensed motorcycle operator who will be appointed for an initial term of one year; a member of American bikers aimed toward education (ABATE) or the West Virginia confederation of motorcycle clubs who will be appointed for an initial term of one year; a licensed insurance agent who has a valid motorcycle endorsement who will be appointed for an initial term of two years; and an owner of a motorcycle dealership or supplier of aftermarket nonfranchised motorcycle supplies who will be appointed for an initial term of three years. The motorcycle safety program coordinator shall serve as chair of the board. The nongovernmental members will shall be appointed by the governor with the advice and consent of the Senate. and will serve without compensation The terms will be are for three years, except for the initial appointments which will be staggered according to the provisions of this article. Members may be reappointed to the board. Any nongovernmental member who is absent without good cause from three consecutive meetings of the board may be removed from the board and a new member appointed by the governor.
     (c) (b) The board may recommend to the superintendent of the state police types and makes of protective helmets, eye protection devices and equipment offered for sale, purchased or used by any person. The board may make recommendations to the commissioner of motor vehicles regarding the use of the moneys in the motorcycle safety fund created under section seven of this article. The board shall report annually to the Legislature on or before the first day of each regular legislative session.
     (c) The appointed members shall serve without compensation; however, members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in legitimate board activities in accordance with the guidelines of the travel management office of the department of administration or successor agency.
     The bill (Eng. H. B. No. 2797), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2797) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2797) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2799, Relating to the West Virginia state police and the reemployment of recently retired troopers.
     On second reading, coming up out of regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section fifty-one, line twenty, after the word "superintendent" by inserting the words "and subject to executive order of the governor specifying circumstances warranting such reemployment and establishing beginning and end dates for such reemployment,";
     And,
     On page seven, section fifty-one, after line one hundred one, by adding a new subsection, designated subsection (m), to read as follows:
     (m) The provisions of this section shall terminate on the first day of April, two thousand four.
     The bill (Eng. Com. Sub. for H. B. No. 2799), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2799) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2799) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Snyder--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2799) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2818, Authorizing the county commissions of growth counties to include the transfer of development rights as part of a zoning ordinance.
     On second reading, coming up out of regular order, was reported by the Clerk.
     At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
     Eng. Com. Sub. for House Bill No. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page three, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 11. TAXATION.

ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.

§11-1C-7. Duties of county assessors; property to be appraised at fair market value; exceptions; initial equalization; valuation plan.

     (a) Except for property appraised by the state tax commissioner under section ten of this article and property appraised and assessed under article six of this chapter, all assessors shall, within three years of the approval of the county valuation plan required pursuant to this section, appraise all real and personal property in their jurisdiction at fair market value except for special valuation provided for farmland and managed timberland. They shall utilize the procedures and methodologies established by the property valuation training and procedures commission and the valuation system established by the tax commissioner.
     (b) In determining the fair market value of the property in their jurisdictions, assessors may use as an aid to valuation any information available on the character and values of such property including, but not limited to, the updated information found on any statewide electronic data processing system network established pursuant to section twenty-one, article one-a of this chapter. Valuations shall not be based exclusively on such statewide electronic data processing system network, and usage of the information on such files as an aid to proper valuation shall not constitute an implementation of the statewide mass reappraisal of property.
     (c) Before beginning the valuation process, each assessor shall develop a county valuation plan for using information currently available, for checking its accuracy and for correcting any errors found. The plan must be submitted to the tax commissioner on or before the first day of December, one thousand nine hundred ninety, for review and approval, and such plan must be revised as necessary and resubmitted every three years thereafter. Whenever a plan is submitted to the tax commissioner, a copy shall also be submitted to the county commission of that county and the property valuation training and procedures commission, and that county commission and the property valuation training and procedures commission may forward comments to the tax commissioner. The tax commissioner shall respond to any plan submitted or resubmitted within sixty days of its receipt. The valuation process shall not begin nor shall funds provided in section eight of this article be available until the plan has received approval by the tax commissioner: Provided, That any initial plan that has not received approval by the commissioner prior to the first day of May, one thousand nine hundred ninety-one, shall be submitted on or by such date to the valuation commission for resolution prior to the first day of July, one thousand nine hundred ninety-one, by which date all counties shall have an approved valuation plan in effect.
     (d) Upon approval of the valuation plan, the assessor shall immediately begin implementation of the valuation process. Any change in value discovered subsequent to the certification of values by the assessor to the county commission, acting as the board of equalization and review, in any given year shall be placed upon the property books for the next certification of values: Provided, That notwithstanding any other provision of this code to the contrary, the property valuation training and procedures commission may authorize the tax commissioner to approve a valuation plan and the board of public works to submit such a plan which would permit the placement of proportionately uniform percentage changes in values on the books that estimate the percentage difference between the current assessed value and sixty percent of the fair market value for classes or identified sub-classes of property and distribute the change between the two tax years preceding the tax year beginning on the first day of July, one thousand nine hundred ninety-three. This procedure may be used in lieu of placing individual values on the books at sixty percent of value as discovered, or may be in addition to such valuation. If such procedure is adopted by a county, then property whose reevaluation is the responsibility of the board of public works and the state tax commissioner shall have its values estimated and placed on the books in like manner. Such estimates shall be based on the best information obtained by the assessor, the board of public works and the tax commissioner, and the changes shall move those values substantially towards sixty percent of fair market value, such sixty percent to be reached on or before the first day of July, one thousand nine hundred ninety-three.
     (e) (1) The county assessor shall establish and maintain as official records of the county tax maps of the entire county drawn to scale or aerial maps, which maps shall indicate all property and lot lines, set forth dimensions or areas, indicate whether the land is improved, and identify the respective parcels or lots by a system of numbers or symbols and numbers, whereby the ownership of such parcels and lots can be ascertained by reference to the appropriate records: Provided, That all such records shall be established and maintained and the sale or reproduction of microfilm, photography and maps shall be in accordance with legislative rules promulgated by the commission.
_____(2) Upon resolution of a county commission approving the increase of fee, the following fees apply in addition to any fee charged by the assessor or the map sales unit of the property tax division of the department of tax and revenue for the sale or reproduction of microfilm, photography and maps pursuant to the legislative rules referenced in subdivision (1) of this subsection:
_____(A) For a full map sheet, an additional fee of three dollars per copy shall be charged, which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
_____
(B) For a parcel reproduction on 8 ½ x 11" or 8 ½ x 14" paper, an additional fee of one dollar and fifty cents per copy shall be charged, which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code; and
_____(C) For all other map sizes, an additional fee of two dollars per copy shall be charged, which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code.

     (f) Willing and knowing refusal of the assessor or the county commission to comply with and effect the provisions of this article, or to correct any deficiencies as may be ordered by the tax commissioner with the concurrence of the valuation commission under any authority granted pursuant to this article or other provisions of this code, shall constitute grounds for removal from office. Such removal may be appealed to the circuit court.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.

ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.

§11A-3-26. Certificate of redemption issued by clerk; recordation; disposition of redemption money.

     (a) Upon payment of the sum necessary to redeem, the clerk shall execute a certificate of redemption in duplicate, which certificate shall specify the real estate redeemed, or the part thereof or the interest therein, as the case may be, together with any changes in respect thereto which were made in the landbook and in the record of delinquent lands; shall specify the year or years for which payment was made; and shall state that it is a receipt for the money paid and a release of the tax lien on the real estate redeemed. The original certificate shall be retained in the files in the clerk's office and one copy shall be delivered to the person redeeming. The clerk shall make any necessary changes in his record of delinquent lands and shall note the fact of redemption on such record, and shall record the certificate in a separate volume provided for the purpose.
     Upon resolution of a county commission approving the increase of fee, the fee for issuing the certificate of redemption shall be twenty-five thirty-five dollars, of which ten dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code.
     (b) All certificates of redemption issued by the clerk in each year shall be numbered consecutively and shall be filed by the clerk in numerical order. Reference to the year and number of the certificate shall be included in the notation of redemption required herein. No fee shall be charged by the clerk for any recordation, filing or notation required by this section.
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.
     
Upon resolution of a county commission approving the increase of fee, the following costs shall be charged in magistrate courts in civil actions and shall be collected in advance:
     (a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
     Where the action is for five hundred

dollars or less        $25.00 30.00
  Where the action is for more than five hundred dollars but not more than one thousand dollars        $30.00 35.00
  Where the action is for more than one thousand dollars but not more than two thousand dollars        $35.00 40.00
  Where the action is for more than two
thousand dollars         $45.00 50.00
  Where the action seeks relief other
than money damages         $25.00 30.00
__
On and after the first day of July, one thousand nine hundred ninety-six, Five dollars from each of the filing fees listed above will shall be deposited in the court security fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
  On or after approval of a county commission to increase fees dedicated to the courthouse facilities improvement fund, five dollars from each of the filing fees listed above shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code.
  (b) For each service regarding enforcement of a judgment including execution, suggestion, garnishment
and suggestee execution        $5.00   (c) For each bond filed in a case        $1.00   (d) For taking deposition of witness for each hour or
portion thereof        $ 1.00
  (e) For taking and certifying acknowledgment of a deed or other writing or taking oath upon an affidavit        $ .50
  (f) For mailing any matter required or provided by law to be mailed by certified or registered mail with
return receipt        $1.00
  Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be applicable to all costs in civil actions.
§50-3-2. Costs in criminal proceedings.
  (a) In each criminal case before a magistrate court in which the defendant is convicted, whether by plea or at trial, there is imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law: (1) Costs in the amount of fifty-five sixty dollars. Upon resolution of a county commission approving the increase of fee, of which five dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code; and (2) an amount equal to the one-day per diem provided for in subsection (h), section ten, article twenty, chapter thirty-one of this code. A magistrate may not collect costs in advance. Notwithstanding any other provision of this code, a person liable for fines and court costs in a criminal proceeding in which the defendant is confined in a jail or prison and not participating in a work release program shall not be held liable for the fines and court costs until ninety days after completion of the term in jail or prison. A magistrate court shall deposit five dollars from each of the criminal proceedings fees collected pursuant to this section in the court security fund created in section fourteen, article three, chapter fifty-one of this code. A magistrate court shall, on or before the tenth day of the month following the month in which the fees imposed in this section were collected, remit an amount equal to the one-day per diem provided for in subsection (h), section ten, article twenty, chapter thirty-one of this code from each of the criminal proceedings in which the fees specified in this section were collected to the magistrate court clerk or if there is no magistrate court clerk to the clerk of the circuit, together with information as may be required by the rules of the supreme court of appeals and the rules of the office of chief inspector. These moneys are paid to the sheriff who shall distribute the moneys solely in accordance with the provisions of section fifteen, article five, chapter seven of this code. Amendments made to this section during the regular session of the Legislature, two thousand one, are effective after the thirtieth day of June, two thousand one.
  (b) A magistrate shall assess costs in the amount of two dollars and fifty cents for issuing a sheep warrant and the appointment and swearing appraisers and docketing the proceedings.
  (c) In each criminal case which must be tried by the circuit court but in which a magistrate renders some service, costs in the amount of ten dollars shall be imposed by the magistrate court and is certified to the clerk of the circuit court in accordance with the provisions of section six, article five, chapter sixty-two of this code.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-10. Fees to be charged by clerk of county commission.

  For the purpose of this section, the word "page" is defined as being a paper writing of not more than legal size, 8 ½" x 14".
  The clerk of the county commission shall charge and collect the following fees:
  (a) When a writing is admitted to record, for receiving proof of acknowledgment thereof, entering an order in connection therewith, endorsing clerk's certificate of recordation thereon and indexing in a proper index, where the writing is a:
  (1) Deed of conveyance (with or without a
plat), trust deed, fixture filing or security
agreement concerning real estate lease        $10.00
  (2) Financing, continuation, termination or
other statement or writing permitted to be filed
under chapter forty-six of this code$10.00
  (3) Plat or map (with no deed of conveyance)$10.00
  (4) Service discharge record No Charge
  (5) Any document or writing other than those
referenced in subdivisions (1), (2), (3) and (4)
of this subsection        $5.00
  (6) If any document or writing contains more
than five pages, for each additional page$1.00
  (b) For administering any oath other than
oaths by officers and employees of the state,
political subdivisions of the state, or a public
or quasi public entity of the state or a political
subdivision of the state, taken in his or her
official capacity        $5.00
  (c) (1) Upon resolution of a county commission approving the increase of fee, for issuance of marriage license and other duties pertaining to the marriage license (including preparation of the application, administrating the oath, registering and recording
the license, mailing acknowledgment of minister's return to one of the licensees and notification to a licensee after sixty days of the nonreceipt of the minister's return)$25.00 35.00
__
(2) (1) One dollar of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the state treasury as a state registration fee in the same manner that license taxes are paid into the treasury under article twelve, chapter eleven of this code;
  (3) (2) Fifteen dollars of the marriage license fee received pursuant to this subsection shall be paid by the county clerk into the state treasury for the family protection shelter support act in the same manner that license taxes are paid into the treasury under article twelve, chapter eleven of this code;
  (3) Upon resolution of a county commission approving the increase of fee, ten dollars of the marriage license fee received pursuant to this subsection shall be deposited in the courthouse facilities improvement fund created by section six, article twenty- six, chapter twenty-nine of this code.
  (d) (1) For a copy of any writing or document, if it is not otherwise provided for$1.50
  (2) If the copy of the writing or document contains more than two pages, for each additional page        $1.00
  (3) For annexing the seal of the commission or clerk to any paper        $1.00
  (4) For a certified copy of a birth certificate, death certificate or marriage license        $5.00
§59-1-11. Fees to be charged by clerk of circuit court.
  (a) The clerk of a circuit court shall charge and collect for services rendered as such clerk the following fees, and such fees shall be paid in advance by the parties for whom such services are to be rendered:
  (1) For instituting any civil action under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding, eighty-five one hundred fifteen dollars, of which thirty dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (2) Beginning on and after the first day of January, two thousand two, Upon resolution of a county commission approving the increase of fee, for instituting an action for medical professional liability, two hundred fifty sixty dollars, of which ten dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (3) Beginning on and after the first day of July, one thousand nine hundred ninety-nine, for instituting an action for divorce, separate maintenance or annulment, one hundred thirty-five dollars;
  (4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, eighty-five dollars; and
  (5) For petitioning for an expedited modification of a child support order, thirty-five dollars.
  (b) In addition to the foregoing fees, the following fees shall likewise be charged and collected:
  (1) For preparing an abstract of judgment, five dollars;
  (2) For any transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, fifty cents;
  (3) For action on suggestion, ten dollars;
  (4) For issuing an execution, ten dollars;
  (5) For issuing or renewing a suggestee execution, including copies, postage, registered or certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this code, three dollars;
  (6) For vacation or modification of a suggestee execution, one dollar;
  (7) For docketing and issuing an execution on a transcript of judgment from magistrate's court, three dollars;
  (8) Upon resolution of a county commission approving the increase of fee, for arranging the papers in a certified question, writ of error, appeal or removal to any other court, five ten dollars, of which five dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
  (10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, fifty cents; and
  (11) For additional service (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, twenty dollars;
  (12) Upon resolution of a county commission approving the increase of fee, for processing of criminal bond, twenty-five dollars per bond, which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty- six, chapter twenty-nine of this code; and
__(13) Upon resolution of a county commission approving the increase of fee, for processing of bail piece, ten dollars per bail piece, which shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code.

  (c) The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
  (1) In the case of any misdemeanor, fifty-five dollars; and
  (2) Upon resolution of a county commission approving the increase of fee, in the case of any felony, sixty-five seventy-five dollars, of which ten dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (d) No such clerk shall be required to handle or accept for disbursement any fees, cost or amounts, of any other officer or party not payable into the county treasury, except it be on order of the court or in compliance with the provisions of law governing such fees, costs or accounts.
§59-1-28a. Disposition of filing fees in civil actions and fees for services in criminal cases.

  (a) Except for those payments to be made from amounts equaling filing fees received for the institution of divorce actions as prescribed in subsection (b) of this section, and except for those payments to be made from amounts equaling filing fees received for the institution of actions for divorce, separate maintenance and annulment as prescribed in subsection (b) of this section, for each civil action instituted under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts described in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting the action as follows:
  (1) Into the regional jail and correctional facility authority fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of sixty dollars; and
  (2) Into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
  (b) For each action for divorce, separate maintenance or annulment instituted in the circuit court, the clerk of the court shall, at the end of each month, report to the supreme court of appeals, the number of actions filed by persons unable to pay, and pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting the divorce action as follows:
  (1) Into the regional jail and correctional facility authority fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of ten dollars;
  (2) Into the special revenue account of the state treasury, established pursuant to section six hundred four, article two, chapter forty-eight of this code, an amount of thirty dollars;
  (3) Into the family court fund established under section twenty-two, article two-a, chapter fifty-one of this code, an amount of seventy dollars; and
  (4) Into the court security fund in the state treasury, established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
  (c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary, the clerk of the court shall, at the end of each month, pay into the family court fund established under section twenty-two, article two-a, chapter fifty-one of this code an amount equal to the amount of every fee received for petitioning for the modification of an order involving child custody, child visitation, child support or spousal support as determined by subdivision (3), subsection (a), section eleven of this article and for petitioning for an expedited modification of a child support order as provided in subdivision (4), subsection (a), section eleven of this article.
  (d) The clerk of the court from which a protective order is issued shall, at the end of each month, pay into the family court fund established under section twenty-two, article two-a, chapter fifty-one of this code an amount equal to every fee received pursuant to the provisions of section five hundred eight, article twenty-seven, chapter forty-eight of this code.
  (e) The clerk of each circuit court shall, at the end of each month, pay into the regional jail and correctional facility authority fund in the state treasury an amount equal to forty dollars of every fee for service received in any criminal case against any respondent convicted in such court and shall pay an amount equal to five dollars of every such fee into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code.
  (f) Beginning the first day of January, two thousand two, the clerk of the circuit court shall, at the end of each month, pay into the medical liability fund established under article twelve-b, chapter twenty-nine of this code an amount equal to one hundred sixty-five dollars of every filing fee received for instituting a medical professional liability action.
  (g) Upon resolution of a county commission approving the increase of fee, the clerk of the circuit court shall, at the end of each month, pay into the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code, those amounts received by the clerk which are dedicated for deposit in the fund.
ARTICLE 2. COSTS GENERALLY.

§59-2-17. Fees of prosecuting attorney.

  The clerk shall include in the costs, for fees of the prosecuting attorney, the following:
  (a) Upon resolution of a county commission approving the increase of fee, in cases of misdemeanor, or an action upon a bond for a violation of the license laws, ten fifteen dollars, of which five dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (b) In a case of bastardy, ten dollars;
  (c) In a suit or proceeding upon a forfeited recognizance upon behalf of the state, five percent upon the amount recovered and paid into the treasury;
  (d) Upon resolution of a county commission approving the increase of fee, in cases of felony, thirty thirty-five dollars, of which five dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
  (e) In any other case of the state, if a different fee is not prescribed, ten dollars.
  Such fees shall be collected and accounted for as provided in article one of this chapter, but shall not in any case be paid out of the county or state treasury.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4. License to carry deadly weapons; how obtained.
  (a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for such a license, and shall pay to the sheriff, at the time of application, and upon resolution of a county commission approving the increase of fee, a fee of sixty seventy-five dollars, of which fifteen dollars of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff, a complete application, as prepared by the superintendent of the West Virginia state police, in writing, duly verified, which sets forth only the following licensing requirements:
  (1) The applicant's full name, date of birth, social security number and a description of the applicant's physical features;
  (2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made and has a valid driver's license or other state-issued photo identification showing such residence;
  (3) That the applicant is twenty-one years of age or older: Provided, That any individual who is less than twenty-one years of age and possesses a properly issued concealed weapons license as of the effective date of this article shall be licensed to maintain his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any applicant who is eighteen years of age or older that he or she is required to carry a concealed weapon as a condition for employment, and presents satisfactory proof to the sheriff thereof, then he or she shall be issued a license upon meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons license, if the individual issued the license is not yet twenty-one years of age, then the individual issued the license is no longer eligible and must return his or her license to the issuing sheriff;
  (4) That the applicant is not addicted to alcohol, a controlled substance or a drug, and is not an unlawful user thereof;
  (5) That the applicant has not been convicted of a felony or of an act of violence involving the misuse of a deadly weapon;
  (6) That the applicant has no criminal charges pending and is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision, because of a charge of domestic violence as provided for in section twenty-eight, article two of this chapter, or is the subject of a restraining order as a result of a domestic violence act as defined in that section, or because of a verified petition of domestic violence as provided for in article two-a, chapter forty-eight of this code or is subject to a protective order as provided for in that article;
  (7) That the applicant is physically and mentally competent to carry such weapon;
  (8) That the applicant has not been adjudicated to be mentally incompetent;
  (9) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing such weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified;
  (10) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.
  (b) The sheriff shall conduct an investigation which shall verify that the information required in subdivisions (1), (2), (3), (5), (6), (8) and (9), subsection (a) of this section are true and correct.
  (c) The sixty dollar application fee and any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by the sheriff into a concealed weapons license administration fund. Such fund shall be administered by the sheriff and shall take the form of an interest bearing account with any interest earned to be compounded to the fund. Any funds deposited in this concealed weapon license administration fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff's office, as the sheriff may deem appropriate.
  (d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:
  (1) Any official national rifle association handgun safety or training course;
  (2) Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by such institution;
  (3) Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the national rifle association;
  (4) Any handgun training or safety course or class conducted by any branch of the United States military, reserve or national guard.
  A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class shall constitute evidence of qualification under this section.
  (e) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application constitutes false swearing and is punishable under the provisions of section two, article five, chapter sixty-one of this code.
  (f) If the information in the application is found to be true and correct, the sheriff shall issue a license. The sheriff shall issue or deny the license within forty-five days after the application is filed if all required background checks authorized by this section are completed.
  (g) Before any approved license shall be issued or become effective, the applicant shall pay to the sheriff a fee in the amount of fifteen dollars which the sheriff shall forward to the superintendent of the West Virginia state police within thirty days of receipt. Any such license shall be valid for five years throughout the state, unless sooner revoked.
  (h) All persons holding a current and valid concealed weapons license as of the sixteenth day of December, one thousand nine hundred ninety-five, shall continue to hold a valid concealed weapons license until his or her license expires or is revoked as provided for in this article: Provided, That all reapplication fees shall be waived for applications received by the first day of January, one thousand nine hundred ninety-seven, for any person holding a current and valid concealed weapons license as of the sixteenth day of December, one thousand nine hundred ninety-five, which contains use restrictions placed upon the license as a condition of issuance by the issuing circuit court. Any licenses reissued pursuant to this subsection will be issued for the time period of the original license.
  (i) Each license shall contain the full name, social security number and address of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink. The issuing sheriff shall sign and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size similar to other state identification cards and licenses, suitable for carrying in a wallet, and such license card is deemed a license for the purposes of this section.
  (j) The superintendent of the West Virginia state police shall prepare uniform applications for licenses and license cards showing that such license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.
  (k) In the event an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. Such petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be represented by counsel, but in no case shall the court be required to appoint counsel for an applicant. The final order of the court shall include the court's findings of fact and conclusions of law. If the final order upholds the denial, the applicant may file an appeal in accordance with the rules of appellate procedure of the supreme court of appeals.
  (l) In the event a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for a fee of five dollars by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.
  (m) The sheriff shall, immediately after the license is granted as aforesaid, furnish the superintendent of the West Virginia state police a certified copy of the approved application. It shall be the duty of the sheriff to furnish to the superintendent of the West Virginia state police at any time so requested a certified list of all such licenses issued in the county. The superintendent of the West Virginia state police shall maintain a registry of all persons who have been issued concealed weapons licenses.
  (n) All licensees must carry with them a state-issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who fails to have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a concealed weapon shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty or more than two hundred dollars for each offense.
  (o) The sheriff shall deny any application or revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee.
  (p) No person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon license shall incur any civil liability as the result of the lawful performance of his or her duties under this article.
  (q) Notwithstanding the provisions of subsection (a) of this section, with respect to application by a former law-enforcement officer honorably retired from agencies governed by article fourteen, chapter seven; article fourteen, chapter eight; article two, chapter fifteen; and article seven, chapter twenty of this code, an honorably retired officer is exempt from payment of fees and costs as otherwise required by this section, and the application of the honorably retired officer shall be granted without proof or inquiry by the sheriff as to those requirements set forth in subdivision (9), subsection (a) of this section, if the officer meets the remainder of the requirements of this section and has the approval of the appropriate chief law-enforcement officer.
     The bill (Eng. Com. Sub. for H. B. No. 2828), as amended, was then ordered to third reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Unger, White and Tomblin (Mr. President)--26.
     The nays were: Boley, Facemyer, Harrison, McKenzie, Smith, Sprouse and Weeks--7.
     Absent: Snyder--1.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     Eng. House Bill No. 2847, Making the law-enforcement agency that places a person under arrest responsible for that person's initial transportation to a regional or county jail.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-13. Allowance for expenses of sheriff.

     The county commission of every county having a population of thirty thousand or less as determined by the latest official census available and which, as provided in section two-a, article eight of this chapter, has directed the sheriff as jailer to feed prisoners shall, in addition to his or her compensation, allow to the sheriff for keeping and feeding each prisoner, other than federal prisoners or prisoners held under civil process as provided by law, not more than five dollars per day for each prisoner.
     The limitation per day shall not include cost of personal service, bed or bedding, soaps and disinfectants and items of like kind, the cost of which shall be paid out of the allowance fixed by the county commission under the provisions of present law.
     All supplies of whatever kind for keeping and feeding prisoners shall be purchased upon the requisition of the sheriff under rules and regulations prescribed by the county commission. At the end of each month the sheriff shall file with the county commission a detailed statement showing the name of each prisoner, date of commitment, date of discharge, the number of days in jail and an itemized statement showing each purchase and the cost for keeping and feeding prisoners.
     The county commission of every county shall allow the actual and necessary expenses incurred by the sheriff in the discharge of his or her duties, including, but not limited to: those incurred in arresting, pursuing or transporting persons accused or convicted of crimes and offenses; in the cost of law-enforcement and safety equipment; in conveying or transporting a prisoner from and to jail to participate in court proceedings; and in conveying or transferring any person to or from any state institution where he or she may be committed from his or her county, where the sheriff is authorized to convey or transfer the person: Provided, That the law-enforcement agency that places a person under arrest shall be responsible for the person's initial transportation to a regional or county jail, except where there is a preexisting agreement between the county and the political body the other law-enforcement agency serves. Any person transported to the regional jail as provided for by the provisions of this section shall, upon conviction for the offense causing his or her incarceration, pay the reasonable costs of the transportation. The money is to be collected by the court of conviction at the current mileage reimbursement rate. The county commission shall allow the actual and necessary expenses incurred in serving summonses, notices or other official papers in connection with the sheriff's office.
     Every sheriff shall file monthly, under oath, an accurate account of all the actual and necessary expenses incurred by him or her, his or her deputies, assistants and employees in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.
     The bill (Eng. H. B. No. 2847), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Deem and Facemyer--2.
     Absent: Snyder--1.
     Having been engrossed, the bill (Eng. H. B. No. 2847) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Deem--1.
     Absent: Snyder--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2847) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2847--A Bill to amend and reenact section thirteen, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the law-enforcement agency that places a person under arrest being responsible for the person's initial transportation to a regional or county jail, except where a transportation agreement exists between the other agency and the sheriff; and requiring convicted persons to pay cost of transportation.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2865, Upgrading the criminal offense of damaging or destroying real or personal property owned by a railroad company or public utility.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That section twenty-nine, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-29. Damage or destruction of railroad or public utility company property, or real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications or cable service; penalties; restitution.

     
(a) Any person who shall wilfully or maliciously destroy or injure any of the wires, poles, insulators, or other knowingly and willfully damages or destroys any real or personal property belonging to any telephone, telegraph or owned by a railroad company, or any public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications or cable service, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned in the county jail not exceeding twelve months, and be fined not exceeding five hundred dollars, at the discretion of the court more than two thousand dollars, or confined in the county or regional jail not more than one year, or both.
_____(b) Any person who
knowingly and willfully damages or destroys any real or personal property owned by a railroad company or public utility company, or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications or cable service causing serious bodily injury to another is guilty of a felony and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than fifty thousand dollars, or confined in a state correctional facility not less than one nor more than five years, or both.
_____
(c) Nothing in this section may be construed to limit or restrict the ability of an entity referred to in subsection (a) or (b) of this section or a property owner or other person who has been damaged or injured as a result of a violation of this section from seeking recovery for damages arising from violation of this section.
     The bill (Eng. Com. Sub. for H. B. No. 2865), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--32.
     The nays were: Hunter and White--2.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2865) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--32.
     The nays were: Hunter and White--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2865) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2865--A Bill to amend and reenact section twenty-nine, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to crimes against property; and increasing penalties for damaging or destroying real or personal property owned by a railroad company or public utility or any real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications or cable service.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2878, Allowing certain municipalities providing advanced life support ambulance services to examine, train and employ fire medics.
     On second reading, coming up out of regular order, was read a second time.
     The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered simultaneously, and adopted:
     On page two, section twenty-a, line six, by striking out the word "licensed" and inserting in lieu thereof the word "certified";
     On page two, section twenty-a, line ten, by striking out the word "a";
     And,
     On page two, section twenty-a, line eleven, by striking out the word "license" and inserting in lieu thereof the word "certification".
     The bill (Eng. H. B. No. 2878), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2878) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2878) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2880, Underground storage tanks registration fees.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 17. UNDERGROUND STORAGE TANK ACT.
§22-17-20. Appropriation of funds; underground storage tank administrative fund.

     (a) The director shall collect annual registration fees from owners of underground storage tanks. The registration fee collected under this section shall may not exceed twenty-five fifty dollars per tank per year. All such These registration fees and the net proceeds of all civil fines, civil penalties and forfeitures collected under this article, including accrued interest, shall be paid into the state treasury into a special fund designated "the underground storage tank administrative fund" to be used to defray the cost of administering this article in accordance with rules promulgated pursuant to section six of this article. Upon passage of the amendment to this section in the regular session of the Legislature in the year two thousand three, the secretary shall promulgate an emergency rule in accordance with article three, chapter twenty-nine-a of this code, implementing the increase in registration fees enacted during that session. This fee of up to fifty dollars is effective for the fiscal year ending the thirtieth day of June, two thousand three.
     (b) The total fee assessed shall be sufficient to assure a balance in the fund of not to exceed four seven hundred thousand dollars at the beginning of each year.
     (c) Any amount received pursuant to subsection (a) of this section which exceeds the annual balance required in subsection (b) of this section shall be deposited into the leaking underground storage tank response fund established pursuant to this article to be used for the purposes set forth therein.
     
(d) (c) The net proceeds of all fines, penalties and forfeitures collected under this article shall be appropriated as directed by article XII, section 5 of the constitution of West Virginia. For the purposes of this section, the net proceeds of such fines, penalties and forfeitures are the proceeds remaining after deducting therefrom those sums appropriated by the Legislature for defraying the cost of administering this article. In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in such the special fund prior to before deducting such additional sums as that may be needed from the civil fines, civil penalties and forfeitures collected pursuant to this article. At the end of each fiscal year any unexpended balance of such the collected civil fines, civil penalties, forfeitures and registration fees shall not be transferred to the general revenue fund but shall remain in the fund.
     Senator Bowman requested unanimous consent that the bill (Eng. Com. Sub. for H. B. No. 2880) lie over one day, retaining its place on the calendar.
     Which consent was not granted, Senator Minear objecting.
     On motion of Senator Bowman, the bill was laid over one day, retaining its place on the calendar.
     Eng. House Bill No. 2915, Authorizing continued payment of Class VI rate of compensation to the prosecuting attorney of Wetzel County.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.

     (a) (1) All county commissioners shall be paid compensation out of the county treasury in amounts and according to the schedule set forth in subdivision (2) of this subsection for each class of county as determined by the provisions of section three of this article: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of such county.
                (2) COUNTY COMMISSIONERS
               Class I             $ 20,000
               Class II            $ 15,500
               Class III           $ 14,000
               Class IV            $ 10,000
               Class V             $ 7,000
               Class VI            $ 4,000
     (3) The compensation, set out in subdivision (2) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred eighty-five, to each county commissioner. Within each county, every county commissioner whose term of office commenced prior to the first day of January, one thousand nine hundred eighty-five, shall receive the same annual compensation as commissioners commencing a term of office on or after that date by virtue of the new duties imposed upon county commissioners pursuant to the provisions of chapter fifteen, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-three.
     (4) For the purpose of determining the compensation to be paid to the elected county officials of each county, the compensations for each office by class, set out in subdivision (5) of this subsection, are established and shall be used by each county commission in determining the compensation of each of their county officials other than compensation of members of the county commission.
(5) OTHER ELECTED OFFICIALS

                         County Circuit                     Prosecuting
     Sheriff         Clerk      Clerk         Assessor      Attorney
Class I              $24,200    $31,300    $31,300          $24,200        $41,500
Class II             $24,200    $28,000    $28,000          $24,200        $39,500
Class III            $24,200    $28,000    $28,000          $24,200        $30,000
Class IV             $22,300    $24,000    $24,000          $22,300        $26,500
Class V              $20,400    $22,000    $22,000          $20,400        $23,500
Class VI             $17,200    $17,200    $17,200          $17,200        $17,000
  (6) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and prosecuting attorney of a Class I county, any assessor of a Class II and Class III county, any sheriff of a Class II and Class III county and any prosecuting attorney of a Class II county shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected. The compensation, set out in subdivision (5) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred eighty-five, to each elected county official.
  (7) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.
  (8) The Legislature finds that the duties imposed upon county clerks by the provisions of chapter sixty-four, acts of the Legislature, regular session, one thousand nine hundred eighty-two, and by chapter fifteen, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-three, constitute new and additional duties for county clerks and as such justify the additional compensation provided in this section without violating the provisions of section thirty-eight, article VI of the constitution of West Virginia.
  (9) The Legislature further finds that the duties imposed upon circuit clerks by the provisions of chapters sixty-one and one hundred eighty-two, acts of the Legislature, regular session, one thousand nine hundred eighty-one, and by chapter sixty, acts of the Legislature, regular session, one thousand nine hundred eighty-three, constitute new and additional duties for circuit clerks and as such justify the additional compensation provided by this section without violating the provisions of section thirty-eight, article VI of the constitution of West Virginia.
  (b) (1) Prior to the primary election in the year one thousand nine hundred ninety-two, and for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-two, or for any subsequent fiscal year if the approval, set out in subdivision (2) of this subsection, is not granted for any fiscal year, and at least thirty days prior to the meeting to approve the county budget, the commission shall provide notice to the public of the date and time of the meeting and that the purpose of the meeting of the county commission is to decide upon their budget certification to the auditor.
  (2) Upon submission by the county commission to the auditor of a proposed annual budget which contains anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance, equal to anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance and any federal or state special grants, for the immediately preceding fiscal year, plus such additional amount as is necessary for payment of the increases in the salaries set out in subdivisions (3) and (5) of this subsection, and related employment taxes over that paid for the immediately preceding fiscal year, and upon approval thereof by the auditor, which approval shall not be granted for any proposed annual budget containing anticipated receipts which are unreasonably greater or lesser than that of the immediately preceding fiscal year, for the purpose of determining the compensation to be paid to the elected county officials of each county office by class are established and shall be used by each county commission in determining the compensation of each of their county officials: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of the county.
(3) COUNTY COMMISSIONERS

                     Class I                  $24,000
                     Class II              $18,600
                     Class III             $16,800
                     Class IV              $12,000
                     Class V                  $ 8,400
  (4) If the approval, set out in subdivision (2) of this subsection, is granted, the compensation, set out in subdivision (3) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-three, to each county commissioner. Within each county, every county commissioner shall receive the same annual compensation by virtue of the new duties imposed upon county commissioners pursuant to the provisions of chapter one hundred seventy-two, acts of the Legislature, second regular session, one thousand nine hundred ninety and chapter five, acts of the Legislature, third extraordinary session, one thousand nine hundred ninety.
(5) OTHER ELECTED OFFICIALS

                         County Circuit                     Prosecuting
     Sheriff         Clerk      Clerk         Assessor      Attorney
Class I              $29,040    $37,560    $37,560          $29,040        $59,500
Class II             $29,040    $33,600    $33,600          $29,040        $59,500
Class III            $29,040    $33,600    $33,600          $29,040        $36,000
Class IV             $26,760    $28,800    $28,800          $26,760        $31,800
Class V              $24,480    $26,400    $26,400          $24,480        $28,200
Class VI             $24,480    $26,400    $26,400          $24,480        $28,200
  (6) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and prosecuting attorney of a Class I county, any assessor of a Class II and Class III county, any sheriff of a Class II and Class III county and any prosecuting attorney of a Class II county shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected. If the approval, set out in subdivision (2) of this subsection, is granted, the compensation, set out in subdivision (5) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-three, to each elected county official.
  (7) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.
  (8) Prior to the primary election in the year one thousand nine hundred ninety-two, in the case of a Class III, Class IV or Class V county which has a part-time prosecuting attorney, the county commission may find that such facts and circumstances exist that require the prosecuting attorney to devote full-time to his or her public duties for the four-year term, beginning the first day of January, one thousand nine hundred ninety-three. If the county commission makes such a finding, it may by proper order adopted and entered, require the prosecuting attorney who takes office on the first day of January, one thousand nine hundred ninety-three, to devote full-time to his or her public duties and the county commission shall then compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class II county.
  (9) For any county: (A) Which on and after the first day of July, one thousand nine hundred ninety-four, is classified as a Class II county; and (B) which prior to such date was classified as a Class III, Class IV or Class V county and maintained a part-time prosecuting attorney, the county commission may elect to maintain the prosecuting attorney as a part-time prosecuting attorney: Provided, That prior to the first day of January, one thousand nine hundred ninety-six, the county commission shall make a finding, by proper order and entered, whether to maintain a full-time or part- time prosecuting attorney. The part-time prosecuting attorney shall be compensated at the same rate of compensation as that of a prosecuting attorney in the class for the county prior to being classified as a Class II county.
  (c) (1) Prior to the primary election in the year one thousand nine hundred ninety-six, and for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-six, or for any subsequent fiscal year if the approval, set out in subdivision (2) of this subsection, is not granted for any fiscal year, and at least thirty days prior to the meeting to approve the county budget, the commission shall provide notice to the public of the date and time of the meeting and that the purpose of the meeting of the county commission is to decide upon their budget certification to the auditor.
  (2) Upon submission by the county commission to the auditor of a proposed annual budget which contains anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance, equal to anticipated receipts into the county's general revenue fund, less anticipated moneys from the unencumbered fund balance and any federal or state special grants, for the fiscal year beginning the first day of July, one thousand nine hundred ninety-six, plus such additional amount as is necessary for payment of the increases in the salaries set out in subdivisions (3) and (6) of this subsection, and related employment taxes over that paid for the immediately preceding fiscal year, and upon approval thereof by the auditor, which approval shall not be granted for any proposed annual budget containing anticipated receipts which are unreasonably greater or lesser than that of the immediately preceding fiscal year for the purpose of determining the compensation to be paid to the elected county officials of each county office by class are established and shall be used by each county commission in determining whether county revenues are sufficient to pay the compensation mandated herein for their county officials: Provided, That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less than the minimum compensation limits of the county commission for the particular class of the county: Provided, however, That should there be an insufficient projected increase in revenues to pay the increased compensation and related employment taxes, then the compensation of that county's elected officials shall remain at the level in effect at the time certification was sought.
(3) COUNTY COMMISSIONERS

  Class I $28,000
  Class II               $27,500
  Class III              $27,000
  Class IV               $26,500
  Class V $26,000
  Class VI               $21,500
  Class VII              $21,000
  Class VIII             $19,000
  Class IX               $18,500
  Class X $15,000
     (4) The compensation, set out in subdivision (3) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-seven, to each county commissioner. Every county commissioner in each county, whose term of office commenced prior to or on or after the first day of January, one thousand nine hundred ninety-seven, shall receive the same annual compensation by virtue of legislative findings of extra duties as set forth in section one of this article.
     (5) For the purpose of determining the compensation to be paid to the elected county officials of each county, the compensations for each county office by class, set out in subdivision (6) of this subsection, are established and shall be used by each county commission in determining the compensation of each of their county officials other than compensation of members of the county commission.
(6) OTHER ELECTED OFFICIALS

                                                               County        Circuit                Prosecuting
     Sheriff          Clerk    Clerk     Assessor   Attorney
Class I               $34,000  $42,000   $42,000    $34,000    $76,000
Class II              $33,500  $41,500   $41,500    $33,500    $74,000
Class III             $33,250  $40,500   $40,500    $33,250    $72,000
Class IV              $33,000  $40,250   $40,250    $33,000    $70,000
Class V               $32,750  $40,000   $40,000    $32,750    $68,000
Class VI              $32,500  $37,500   $37,500    $32,500    $45,000
Class VII             $32,250  $37,000   $37,000    $32,250    $43,000
Class VIII            $32,000  $36,500   $36,500    $32,000    $41,000
Class IX              $31,750  $36,000   $36,000    $31,750    $38,000
Class X               $29,000  $32,000   $32,000    $29,000    $35,000
  (7) The compensation, set out in subdivision (6) of this subsection, shall be paid on and after the first day of January, one thousand nine hundred ninety-seven, to each elected county official. Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, shall not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.
  (8) In the case of a county that has a joint clerk of the county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than the compensation would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.
  (9) Any prosecuting attorney of a Class I through Class V county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by proper order entered, that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class V county: Provided, however, That any county which under the prior provisions of this section was classified as a Class II county and which did not elect to maintain a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same rate of compensation as that of a prosecuting attorney in a Class V county: Provided further, That, until the first day of January, two thousand one, when a vacancy occurs in the office of prosecuting attorney prior to the end of a term, the county commission of a Class IV or Class V county may elect to allow the position to become part-time for the end of that term, and thereafter the position of prosecuting attorney shall become full-time.
  (d) (1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this subsection on and after the first day of July, two thousand two, are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after the first day of July, two thousand two, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.
  (2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:
  (A) The auditor has certified that the proposed annual county budget for the fiscal year beginning the first days of July, two thousand two, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, set out in subdivisions (5) and (7) of this subsection, and the related employment taxes: Provided, That the auditor may not approve the budget certification for any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision, the term "receipts" does not include unencumbered fund balance or federal or state grants; and
  (B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs.
  (3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, then the salaries of that county's elected officials and commissioners shall remain at the level in effect at the time certification was sought.
  (4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.
(5) COUNTY COMMISSIONERS

                      Class I                     $30,800
                      Class II                    $30,250
                      Class III                   $29,700
                      Class IV                    $29,150
                      Class V                     $28,600
                      Class VI                    $23,650
Class VII                   $23,100

                    Class VIII                  $20,900

                      Class IX                    $20,350
                      Class X                     $16,500
  (6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
(7) OTHER ELECTED OFFICIALS

                         County  Circuit                Prosecuting
     Sheriff Clerk   Clerk     Assessor  Attorney
Class I                $37,400   $46,200   $46,200   $37,400    $83,600
Class II               $36,850   $45,650   $45,650   $36,850    $81,400
Class III              $36,575   $44,550   $44,550   $36,575    $79,200
Class IV               $36,300   $44,295   $44,295   $36,300    $77,000
Class V                $36,025   $44,000   $44,000   $36,025    $74,800
Class VI               $35,750   $41,250   $41,250   $35,750    $49,500
Class VII              $35,475   $40,700   $40,700   $35,475    $47,300
Class VIII             $35,200   $40,150   $40,150   $35,200    $45,100
Class IX               $34,925   $39,600   $39,600   $34,925    $41,800
Class X                $31,900   $35,200   $35,200   $31,900    $38,500
  (8) Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county's classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.
  (9) In the case of a county that has a joint clerk of the county commission and circuit court, the salary of the joint clerk shall be fixed in an amount twenty-five percent higher than the salary would be fixed for the county clerk if it had separate offices of county clerk and circuit clerk.
  (10) Any prosecuting attorney of a Class I through Class V county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was classified as a Class II county and elected to maintain a part-time prosecutor may continue to maintain a part-time prosecutor, until such time as the county commission, on request of the part-time prosecutor, approves and makes a finding, by proper order entered, that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said prosecutor at the same salary as that of a prosecuting attorney in a Class V county: Provided, however, That any county which under the prior provisions of this section was classified as a Class II county and which did not elect to maintain a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same salary as that of a prosecuting attorney in a Class V county: Provided further, That, until the first day of January, two thousand three, when a vacancy occurs in the office of prosecuting attorney prior to the end of a term, the county commission of a Class IV or Class V county may elect to allow the position to become part-time for the end of that term and thereafter the position of prosecuting attorney shall become full-time.
  (e) Notwithstanding any provision of this code to the contrary, effective the first day of January, two thousand five, the prosecuting attorney of Mingo County shall become a part-time position with a salary as that of a prosecuting attorney in a class VI county.
__
(f) Notwithstanding any provision of this code to the contrary, the position of prosecuting attorney of Wetzel County shall be a part-time position regardless of the county's classification with the salary as that of a prosecuting attorney in a Class VI county.
  On motion of Senator Oliverio, the following amendment to the Judiciary committee amendment to the bill (Eng. H. B. No. 2915) was reported by the Clerk:
  On page eighteen, section four, lines nineteen through twenty- three, by striking out all of subsection (e).
  The question being on the adoption of Senator Oliverio's amendment to the Judiciary committee amendment to the bill (Eng. H. B. No. 2915), the same was put and did not prevail.
  The question now being on the adoption of the Judiciary committee amendment to the bill, the same was put and prevailed.
  The bill (Eng. H. B. No. 2915), as amended, was then ordered to third reading.
  On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
  On suspending the constitutional rule, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: Boley, Guills and Oliverio--3.
  Absent: None.
  Having been engrossed, the bill (Eng. H. B. No. 2915) was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: Boley, McKenzie and Oliverio--3.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2915) passed.
  The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
  On page one, by striking out the title and substituting therefor a new title, to read as follows:
  Eng. House Bill No. 2915--A Bill to amend and reenact section four, article seven, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making the prosecuting attorney of Mingo County a part-time position; and making the Wetzel County prosecuting attorney to remain part-time; effective dates; and salaries.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. House Bill No. 2961, Limiting idling of school bus engines for more than five minutes except for certain reasons.
  On second reading, coming up out of regular order, was read a second time.
  The following amendment to the bill, from the Committee on Education, was reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 12. SPECIAL STOPS REQUIRED.

§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; removal of warning lights, lettering, etc., upon sale of buses; highways with separate roadways; limitation on idling.

     (a) The driver of a vehicle, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching such the school bus when there is in operation on said the school bus flashing warning signal lights, as referred to in section eight of this article, and said the driver shall not proceed until such the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children including, but not limited to, any street, highway, parking lot, private road or driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to such the highway and where pedestrians are not permitted to cross the roadway. Any such driver acting in violation of this subsection is guilty of a misdemeanor and, upon conviction, thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of this subsection is guilty of a misdemeanor and, upon conviction, thereof, shall be fined not less than twenty-five nor more than one hundred dollars. Provided, however, That such The conviction shall not subject such the owner or lessee to further administrative or other penalties for said the offense, notwithstanding other provisions of this code to the contrary.
     (b) Every bus used for the transportation of school children shall bear upon the front and rear thereof of the bus a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. When a contract school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon on the contract school bus indicating "school bus" shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children.
     (c) The operator of any school bus may not operate the engine of any school bus for more than five consecutive minutes when the school bus is not in motion except when:
_____(1) The school bus is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;
_____(2) It is necessary to operate heating, cooling or auxiliary equipment installed on the school bus when the equipment is necessary to accomplish the intended use of the school bus, including, but not limited to, the operation of safety equipment;
_____(3) The outdoor temperature is below forty degrees Fahrenheit;
_____(4) It is necessary to maintain a safe temperature for students with special needs;
_____(5) The school bus is being repaired; or
_____(6) The operator is in the process of receiving or discharging passengers on a public highway or public road.

     On motion of Senator Snyder, the following amendment to the Education committee amendment to the bill (Eng. H. B. No. 2961) was reported by the Clerk and adopted:
     On page three, section seven, line two, after the word "children" by striking out the remainder of the bill and inserting in lieu thereof the following:
     (c) The state board of education shall write a policy governing the idling of school buses.
     The question now being on the adoption of the Education committee amendment to the bill, as amended, the same was put and prevailed.
     The bill (Eng. H. B. No. 2961), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2961) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2961) passed.
     On motion of Senator Snyder, the following amendment to the title of the bill, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2961--A Bill to amend and reenact section seven, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school buses generally; and requiring the state board of education develop a policy concerning idling of school buses.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2975, Providing a window for persons who were members of PERS and who left state employment withdrawing their PERS moneys to buy back their time with interest.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Pensions, was reported by the Clerk and adopted:
     On page four, section eighteen, line fifty-seven, by striking out the word "ten" and inserting in lieu thereof the word "four".
     The following amendments to the bill, from the Committee on Finance, were next reported by the Clerk, considered simultaneously, and adopted:
     On page two, section eighteen, line eighteen, by striking out all of subsection (b) and relettering the remaining subsections;
     On page three, section eighteen, lines thirty through thirty- two, by striking out the words "on or before the first day of July, one thousand nine hundred ninety-seven, and continuing thereafter";
     And,
     On page four, section eighteen, line fifty-nine, by striking out the word "such" and inserting in lieu thereof the word "the".
     The bill (Eng. H. B. No. 2975), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2975) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2975) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2975) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3009, Excluding certain records from the freedom of information act that are collected in the interest of homeland security by governmental bodies.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. PUBLIC RECORDS.
§29B-1-4. Exemptions.

     
(a) The following categories of information are specifically exempt from disclosure under the provisions of this article:
     (1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;
     (2) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file;
     (3) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination;
     (4) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement;
     (5) Information specifically exempted from disclosure by statute;
     (6) Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage such record, archive, document or manuscript;
     (7) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; and
     (8) Internal memoranda or letters received or prepared by any public body;
     (9) Records assembled, prepared or maintained to prevent, mitigate or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health;
_____(10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases and inventories goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law enforcement or emergency response personnel;
_____(11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law-enforcement and other agencies within the department of military affairs and public safety;
_____(12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism;
_____(13) Computing, telecommunications and network security records, passwords, security codes or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act;
_____(14) Security or disaster recovery plans, risk assessments, tests or the results of those tests;
_____(15) Architectural or infrastructure designs, maps or other records that show the location or layout of the facilities where computing, telecommunications or network infrastructure used to plan against or respond to terrorism are located or planned to be located; and
_____(16) Codes for facility security systems; or codes for secure applications for such facilities referred to in subdivision (15) of this subsection.
_____(b) As used in subdivisions (9) through (16), inclusive, subsection (a) of this section, the term "terrorist act" means an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to:
_____(1) Intimidate or coerce the civilian population;
_____(2) Influence the policy of a branch or level of government by intimidation or coercion;
_____(3) Affect the conduct of a branch or level of government by intimidation or coercion; or
_____(4) Retaliate against a branch or level of government for a policy or conduct of the government.
_____(c) Nothing in the provisions of subdivision (9) through (16), inclusive, subsection (a) of this section should be construed to make subject to the provisions of this chapter any evidence of an immediate threat to public health or safety unrelated to a terrorist act or the threat thereof which comes to the attention of a public entity in the course of conducting a vulnerability assessment response or similar activity.

     The bill (Eng. H. B. No. 3009), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3009) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3009) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 3009--A Bill to amend and reenact section four, article one, chapter twenty-nine-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding certain records from disclosure under the freedom of information act collected in response to and in preparation for terrorist acts or threats of terrorist acts; definitions; and exceptions.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3009) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3011, Relating to authority of the state fire commission to promulgate legislative and emergency rules.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:   
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-9. Powers, duties and authority of state fire commission and state fire marshal.

     (a) The state fire commission may employ personnel, fix their compensation and, within funds available to do so, incur expenses as necessary in the performance of the duties of its office.
     (b) The state fire commission is responsible for fire programs within this state, including the state fire marshal's office, training, uniform standards and certification, finance and planning and fire prevention.
     (c) All state and area training and education in fire service shall be coordinated by the state fire commission. The state fire marshal shall ensure that these programs are operated throughout the state at a level consistent with needs identified by the commissioner.
     (d) The state fire commission shall develop minimum training levels for firefighters, minimum levels of equipment needed to protect life and property within fire service areas, minimum performance standards the departments must meet in response times, communications, minimum levels of water flow and pressure and other performance measures as considered necessary to meet the overall goals of improved fire prevention and control. The state fire commission may make recommendations to the state insurance commissioner regarding town classifications for fire insurance rates.
     (e) The formation of any new fire department, including volunteer fire departments, requires the concurrence of the state fire commission. The state fire commission shall develop a method of certification which can be applied to all fire departments and volunteer fire departments.
     (f) The state fire commission shall develop a plan for fire prevention and control which shall include, but not be limited to, the following areas: Manpower needs; location of training centers; location of fire prevention and control units; communications; fire-fighting facilities; water sources; vehicular needs; public education and information; public participation; standardization in record keeping; evaluation of personnel; reporting of fire hazards; programs on mutual aid; location of public safety agencies; outline of fire prevention programs; and accessibility of fire prevention information.
     (g) The state fire commission shall establish fire protection areas and at such times as funds are available shall establish field offices for inspection, planning and certification.
     (h) The state fire marshal may accept, on behalf of the state fire commission, gifts, grants, court ordered civil forfeiture proceedings and bequests of funds or property from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions. The state fire marshal, acting on behalf of the state fire commission, may enter into, sign and execute any agreements and do and perform any acts that may be necessary, useful, desirable or convenient to effectuate the purposes of this article. Moneys from gifts, grants, civil forfeiture proceedings and bequests received by the state fire marshal shall be deposited into the special account set forth in subsection (c), section twelve-b of this article, and the state fire marshal, with the approval of the state fire commission, has the authority to make expenditures of, or use of any tangible property, in order to effectuate the purposes of this article.
     (h) The state fire commission shall establish standards and procedures by policy to implement the provisions of this section including, but not limited to, the following:
_____(1) Fire prevention and control;
_____(2) Uniform standards of performance, equipment and training;
_____(3) Certification;
_____(4) Training and education in fire service; and
_____(5) The organization, operation and responsibilities of fire departments throughout the state.

     On motion of Senator Kessler, the following amendments to the Government Organization committee amendment to the bill (Eng. H. B. No. 3011) were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section nine, line nineteen, by striking out the words "including, but not limited to," and inserting in lieu thereof the words "with regard to";
     And,
     On page three, section nine, line twenty-four, by striking out the word "organization" and inserting in lieu thereof the word "creation".
     The question now being on the adoption of the Government Organization committee amendment to the bill, as amended, the same was put and prevailed.
     The bill (Eng. H. B. No. 3011), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3011) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3011) passed.
     The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 3011--A Bill to amend and reenact section nine, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the state fire commission to establish standards and procedures to implement the provisions of the section.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3011) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3027, Authorizing the tax commissioner to waive tax, interest and penalties in specified circumstances which are otherwise imposed on uncompensated members of the governing board or board of directors of certain tax exempt organizations.
     On second reading, coming up out of regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section five-v, line twenty-two, by striking out the word "or";
     On page three, section five-v, line twenty-four, by striking out the word "or";
     And,
     On page four, section five-v, line forty-four, after the word "owed" by striking out the word "or".
     The bill (Eng. H. B. No. 3027), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3027) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3027) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3050, Authorizing the county commission of Jefferson County to convey parcel of county-owned land to the Jefferson County fairgrounds.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
JEFFERSON COUNTY.
§1. County commission authorized to convey land to the Jefferson County Fair Association.

     (a) The Legislature finds that:
     (1) An adequate site is necessary for the citizens of Jefferson County to conduct a county fair to enable youth and adults to exhibit livestock, horticultural products, agricultural products and home economic skills;
     (2) Transfers of property, real or personal, made by county commissions to any person, organization or corporation for the furtherance of county fair activities promotes the cultural and educational welfare of the public and, therefore, is a public purpose; and
     (3) Transfers and conveyances of real property by county commissions are authorized without legislative approval, by article three, chapter seven of the code of West Virginia, as amended.
     (b) Therefore, the Legislature declares that the county commission of Jefferson County is hereby authorized and empowered to transfer and convey unto the Jefferson County Fair Association the tract or parcel of land described in subsection (c), after the county commission of Jefferson County has approved such transfer and conveyance by a majority vote of the commission.
     (c) The tract or parcel of land situate in Middleway District, Jefferson County, West Virginia, to the north of West Virginia County Route 15 (Leetown Road), approximately 0.5 mile east of its intersection with WV Co. Rte. 6, on the waters of Hopewell Run, more particularly described as follows:
     Beginning at (200) a found No. 5 Capped Rebar (Shepp), corner in the line of the Jefferson County Volunteer Fireman Association (D.B. 346, P. 603) and to the Jefferson County Fair Association (D.B. 754, P. 48), thence leaving the Jefferson County Volunteer Fireman Association and with the Jefferson County Fair Association in part and finally with a 13.457 acre Lease Parcel of the Overseers of the Poor of Jefferson County (now the Jefferson County Commission, Lease recorded in D.B. 931, P. 581) N 650 00'00" W, 1367.26', passing (211) a Set No. 5 Capped Rebar at 931.09', corner to the above mentioned Lease Parcel, to (347) a Set No. 5 Capped Rebar, corner to the above mentioned Lease Parcel; thence again with the Lease Parcel S 260 58'25" W, 182.62', to (216) a Set No. 5 Capped Rebar, corner to the Lease Parcel and to the Jefferson County Solid Waste Authority (D.B. 778, P. 630), said corner being located N 260 58'25" E, 1183.82', from (472) a Set No. 5 Capped Rebar; thence leaving the Lease Parcel and with the Jefferson County Solid Waste Authority N 220 17'06" W, 166.82', to (38) a Found No. 5 Capped Rebar (Shepp) corner to the Jefferson County Solid Waste Authority (D.B. 778, P. 630) and to other lands of the Jefferson County Solid Waste Authority (D.B. 665., P. 201); thence with said other lands of the Jefferson County Solid Waste Authority (D.B. 665, P.201) N 320 53'05" E, 1147.92', to (34) a Found No. 5 Capped Rebar (Shepp), corner to the Jefferson County Solid Waste Authority (D.B. 665, P. 201) and to Tabb (D.B. 770, P. 581); thence with Tabb S 550 03'35" E, 1440.31', to (345) a Set No. 5 Capped Rebar, corner to Tabb and the aforementioned Jefferson County Volunteer Fireman Association, thence with the Jefferson County Volunteer Fireman Association S 300 34'53" W, 822.99', to (200) the Point of Beginning containing 32.145 acres, more or less, as surveyed by Appalachian Surveys of West Virginia, L.L.C., in May, 2001, and as shown on the Plat of Survey.
     Being a part of the property conveyed to the Overseers of the Poor of Jefferson County (now the Jefferson County Commission), by deed of record in the office of the clerk of the county commission of Jefferson County in Deed Book 38 at page 24.
     (d) Any proper conveyance made by the county commission of Jefferson County transferring ownership of the tract or parcel of land, described in subsection (c), to the Jefferson County Fair Association shall contain a provision that ownership of the tract or parcel of land, described in subsection (c), shall revert to the county commission of Jefferson County should the land cease to be used for the purpose of conducting a county fair.
     The bill (Eng. H. B. No. 3050), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Hunter--1.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3050) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Hunter--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3050) passed.
     The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 3050--A Bill authorizing the county commission of Jefferson County to convey a parcel of county-owned land to the Jefferson County Fair Association after authorization by a majority vote of the county commission of Jefferson County; and requiring reversionary rights provision.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3084, Restructuring the support enforcement commission in the areas of membership, duties and powers.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page four, section one hundred two, line four, after the word "governor" by inserting the following proviso: Provided, That no more than five members of the commission may belong to the same political party.
     The bill (Eng. H. B. No. 3084), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3084) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3084) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3089, Modifying various requirements of financial institutions notifying the real estate commission in certain circumstances.
     On second reading, coming up out of regular order, was read a second time.
     The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section eighteen, line sixty-nine, after the word "funds" by striking out the comma;
     On page six, section eighteen, lines seventy-one and seventy- two, after "(f)" by striking out the comma and the words "section eighteen of this article" and inserting in lieu thereof the words "of this section";
     And,
     On pages eight and nine, section twenty-two, line thirty-six, after the word "broker." by striking out the remainder of the bill.
     On motion of Senator Bowman, the following amendment to the bill (Eng. H. B. No. 3089) was next reported by the Clerk and adopted:
     On page nine, after section twenty-two, by adding thereto a new section, designated section five, to read as follows:
§30-40-5. Scope of practice; exceptions.
     (a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker or salesperson as defined in section four of this article.
     (b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector or other professional who may perform an ancillary service in conjunction with a real estate transaction.
     (c) The provisions of this article do not apply to:
     (1) Any person acting on his or her own behalf as owner or lessor of real estate.
     (2) The regular employees of an owner of real estate, who perform any acts regulated by this article, where the acts are incidental to the management of the real estate: Provided, That the employee does not receive additional compensation for the act and does not perform the act as a vocation.
     (3) Attorneys-at-law: Provided, That attorneys-at-law shall be required to submit to the written examination required under section twelve of this article in order to qualify for a broker's license: Provided, however, That an attorney-at-law who is licensed as a real estate broker prior to the first day of July, one thousand nine hundred eighty, is exempt from the written examination required under section twelve of this article.
     (4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
     (5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator or under the order of any court or under the authority of a deed of trust or will.
     (6) A public officer while performing his or her official duties.
     (7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights-of-ways for pipelines, electric power lines and stations, public utilities, railroads or roads.
     (8) Any person employed exclusively to act as the management or rental agent for the real estate of one person, partnership or corporation.
     (9) Any person properly licensed pursuant to the provisions of article two-c, chapter nineteen of this code when conducting an auction, any portion of which contains any leasehold or estate in real estate, only when the person so licensed is retained to conduct an auction by:
     
(A) A receiver or trustee in bankruptcy;
     
(B) A fiduciary acting under the authority of a deed of trust or will; or
     
(C) A fiduciary of a decedent's estate.
     
(10) Any person employed by a broker in a noncommissioned clerical capacity who may in the normal course of employment, be required to:
     
(A) Disseminate brokerage preprinted and predetermined real estate sales and rental information;
     
(B) Accept and process rental reservations or bookings for a period not to exceed thirty consecutive days in a manner and procedure predetermined by the broker;
     
(C) Collect predetermined rental fees for the rentals which are to be promptly tendered to the broker; or
     
(D) Any combination thereof.
     On motion of Senator Minard, the Senate reconsidered the vote by which immediately hereinbefore it adopted Senator Bowman's amendment to the bill.
     The vote thereon having been reconsidered,
     The question again being on the adoption of Senator Bowman's amendment to the bill.
     Senator Minard arose to a point of order that Senator Bowman's amendment to the bill (Eng. H. B. No. 3089) was not germane to the bill.
     Which point of order, the President ruled well taken.
     The bill (Eng. H. B. No. 3089), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3089) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3089) passed.
     The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 3089--A Bill to amend and reenact sections eighteen and twenty-two, article forty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to modifying the requirement that financial institutions which maintain a trust fund deposit account for real estate brokers notify the real estate commission if any checks drawn against the account are returned for any cause; providing that a financial institution is required to notify the real estate commission if any checks drawn against the trust fund account are returned for insufficient funds; removing criminal and civil penalties applicable to a financial institution if a trust fund account for a real estate broker fails to notify the real estate commission if any check drawn against the account is returned for insufficient funds.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3203, Relating to amusement ride safety.
     On second reading, coming up out of regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That sections two, twelve-a, fourteen and seventeen, article ten, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section nineteen, all to read as follows:
ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

§21-10-2. Definitions.

     As used in this article:
     (a) "Amusement ride" means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. The term includes carnival rides and fair rides of a temporary or portable nature which are assembled and reassembled or rides which are relocated from place to place. "Amusement ride" may not be construed to mean any mechanical device which is coin operated and does not include the operation of a ski lift, the operation of tramways at state parks, the operation of vehicles of husbandry incidental to any agricultural operations or the operation of amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders.
     (b) "Amusement attraction" means any building or structure around, over or through which people may move or walk without the aid of any moving device integral to the building or structure that provides amusement, pleasure, thrills or excitement, including those of a temporary or portable nature which are assembled and reassembled or which are relocated from place to place. The term does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts and shall not be construed to include any concession stand or booth for the selling of food or drink or souvenirs.
     (c) "Kiddie ride" means an amusement ride or amusement attraction that is expressly designed for or offered to: (1) Children age twelve or less; (2) persons who are forty-two inches in height or less; or (3) persons who are ninety pounds in weight or less.
_____
(c) (d) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant or any combination of alcohol, controlled substances and intoxicants.
     (d) (e) "Mobile amusement ride or mobile amusement attraction" means an amusement ride or amusement attraction which is erected in a single physical location for a period of less than twelve consecutive months.
     (e) (f) "Operator" means the person having direct control of the starting, stopping and speed of an amusement ride or attraction.
     (f) (g) "Owner" means any person, corporation, partnership or association who owns an amusement ride or attraction or, in the event that the amusement ride or attraction is leased, the lessee.
     (g) (h) "Stationary amusement ride or stationary amusement attraction" means an amusement ride or amusement attraction that is erected in a single physical location for a period of more than twelve consecutive months.
§21-10-12a. Minimum age for operating amusement ride.
     No individual under the age of eighteen sixteen may be the operator of an a kiddie ride or, if under the age of eighteen, be an operator of any other amusement ride or attraction: Provided, That the individual is not otherwise prohibited from being an operator pursuant to other state or federal law.
§21-10-14. Criminal penalty for violation.
     Any operator or owner who knowingly permits the operation of an amusement ride or amusement attraction in violation of the provisions of sections six, seven, eight, nine, eleven, twelve or twelve-a of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than one thousand dollars, confined in the county or regional jail not more than twelve months, or both fined and confined. Each day that a violation continues shall be considered a separate violation.
§21-10-17. Civil penalties for violations.
     (a) If an individual is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen of this article, and the individual was not the owner of the ride being operated or assembled, the commissioner may impose a civil penalty not to exceed five thousand dollars on the owner of the ride being operated or assembled: Provided, That the owner knew or should have known that the individual was acting in violation of subsection (a), section fifteen of this article.
     (b) All civil penalties collected by the commissioner shall be deposited into the amusement rides and amusement attractions safety fund created in section four of this article.
§21-10-19. Patron responsibility.
     The owner or operator of an amusement ride or attraction may refuse any member of the public admission to a ride if his or her bearing or conduct could endanger himself or herself or others. These reasons include, but are not limited to: (1) Intoxication; (2) refusal to obey posted rules; (3) unacceptable or unsafe behavior as determined by the operator or the ride; and (4) violation of any age, height or weight restrictions as posted.
     On motion of Senator Rowe, the following amendments to the Judiciary committee amendment to the bill (Eng. H. B. No. 3203) were reported by the Clerk and considered simultaneously:
     On page three, section twelve-a, line twelve, by striking out the word "sixteen" and inserting in lieu thereof the word "eighteen";
     On page three, section twelve-a, lines thirteen and fourteen, by striking out the words "a kiddie ride or if under the age of eighteen be an operator of any other" and inserting in lieu thereof the word "an";
     And,
     On page three, section twelve-a, line fourteen, after the word "ride" by inserting a comma and the words "kiddie ride".
     Following discussion,
     The question being on the adoption of Senator Rowe's amendments to the Judiciary committee amendment to the bill, the same was put and did not prevail.
     The question now being on the adoption of the Judiciary committee amendment to the bill, the same was put and prevailed.
     The bill (Eng. H. B. No. 3203), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Rowe--1.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 3203) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Hunter, McKenzie and Rowe--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3203) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 3203--A Bill to amend and reenact sections two, twelve-a, fourteen and seventeen, article ten, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section nineteen, all relating to amusement ride safety; defining terms; allowing certain children to operate kiddie rides; limiting civil penalties; allowing owners and operators to refuse admission to certain patrons; and providing criminal penalties.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Chafin, and by unanimous consent, the Senate proceeded to the consideration of
     Eng. Com. Sub. for House Bill No. 2818, Authorizing the county commissions of growth counties to include the transfer of development rights as part of a zoning ordinance.
     On second reading, coming up out of regular order, was read a second time.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
     On motion of Senator Snyder, the following amendment to the bill was reported by the Clerk:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections three-nn and three-oo, all to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3nn. Transfer of development rights in growth counties.
     (a) In addition to all other powers and duties now conferred by law upon county commissions, if a county has been designated as a growth county, as that term is defined in section three, article twenty, chapter seven of this code, those county commissions, upon approval by a majority of the legal votes cast at an election as provided in section three-oo of this article, are hereby authorized to, as part of a county-wide zoning ordinance, which has been in effect for a minimum of five years, establish a program for the transfer of development rights, in order to:
     (1) Encourage the preservation of natural resources;
     (2) Protect the scenic, recreational and agricultural qualities of open lands; and
     (3) Facilitate orderly growth and development in the county.
     (b) The program for the transfer of development rights may provide for:
     (1) The voluntary transfer of the development rights permitted on any parcel of land to another parcel of land;
     (2) Restricting or prohibiting further development of the parcel from which development rights; and
     (3) Increasing the density or intensity of development of the parcel to which such rights are transferred.
     (c) The program for the transfer of development rights shall:
     (1) Designate a universal program for which development rights may be transferred from any parcel of land to any other parcel of land;
     (2) Provide that any rights transferred under this section be for ten years; and
     (3) Any rights purchased, but not used for development, revert to the original owner after ten years.
     (d) The county commission may not set a price for any development rights that are proposed to be transferred or received.
     (e) "Transferable development rights" means an interest in real property that constitutes the right to develop and use property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to another parcel of land for development and use in accordance with the zoning ordinance. Transferable development rights may be transferred by deed from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable. The zoning ordinance may provide for the method of transfer of these rights and may provide for the granting of easements and reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance.
§7-1-3oo. Election on ordinance for program for transfer of development rights; form of ballots or ballot labels; procedure.

     (a) A county commission which has been designated as a growth county may submit a proposed ordinance to establish a program for the transfer of development rights pursuant to section three-ll of this article to the qualified voters residing within the county for approval or rejection at any regular primary or general election. Notice of the election shall be provided and the ballots shall be printed as set forth in subsection (b) of this section. The ordinance may be adopted if it is approved by a majority of the legal votes cast thereon in that county. If the ordinance is rejected, no election on the issue shall be held thereafter for a period of one hundred-four weeks.
     (b) On the election ballots shall be printed the following:
     Shall the County Commission of (name of county) be authorized to adopt an ordinance to establish a program for the transfer of development rights in accordance with Section three-ll, Article one, Chapter seven of the Code of West Virginia?

     / /Yes


     / /No
     (c) If a majority of the legal votes cast upon the question be for the ordinance, the provisions of the ordinance become effective upon the date the results of the election are declared. If a majority of the legal votes cast upon the question be against the ordinance, the ordinance shall not take effect.
     (d) Subject to the provisions of subsection (c) of this section, an election permitted by this section may be conducted at any regular primary or general election as the county commission in its order submitting the same to a vote may designate.
     (e) Notice of an election pursuant to this section shall be given by publication of the order calling for a vote on the question as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the county in which the election is to be conducted.
     (f) Any election permitted by this section shall held at the voting precincts established for holding primary or general elections. All of the provisions of the general election laws of this state applicable to primary or general elections not inconsistent with the provisions of this section shall apply to voting and elections authorized by this section.
     On motion of Senator Bailey, the following amendments to Senator Snyder's amendment to the bill (Eng. Com. Sub. for H. B. No. 2818) were reported by the Clerk and considered simultaneously:
     On page one, after the article heading, by adding inserting a new section, designated section three-mm, to read as follows:
§7-1-3mm. County commissioners required to review and approve rules restricting smoking of tobacco products.

     No rule, regulation or ordinance heretofore or hereafter adopted by a local board of health that restricts the smoking of tobacco products in public or private places in this state shall be enforceable unless it is first reviewed and approved by vote of the county commission of every county within the jurisdiction of the local board of health that adopts such rule, regulation or ordinance.
     Senator Rowe arose to a point of order that Senator Bailey's amendments to Senator Snyder's amendment to the bill were not germane to the bill.
     Which point of order, the President ruled well taken.
     The question now being on the adoption of Senator Snyder's amendment to the bill, the same was put and prevailed.
     The bill (Eng. Com. Sub. for H. B. No. 2818), as amended, was then ordered to third reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Bailey, Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--24.
     The nays were: Boley, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Smith, Sprouse and Weeks--10.
     Absent: None.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     Without objection, the Senate returned to the third order of business.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2003

Senate Executive Message No. 6
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
     Pursuant to the provisions of §5-1-20 of the Code of West Virginia, I hereby certify that the following 2001-2002 annual reports have been received in the Office of the Governor:
      1. Accountancy, West Virginia Board of;
      2. Aeronautics Commission, West Virginia;
      3. Affordable Housing Trust Fund, The West Virginia;
      4. Alcohol Beverage Control Administration, West Virginia;
      5. Architects, West Virginia State Board of;
      6. Banking, West Virginia Division of;
      7. Barbers and Cosmetologists, Board of, West Virginia Department of Health and Human Resources;
      8. Behavioral Health, Office of the Ombudsman for;
      9. Cancer Registry, West Virginia;
     10. Charleston Housing;
     11. Charleston Renaissance Corporation;
     12. Chemical Studies, National Institute for;
     13. Children and Families, Governor's Cabinet on;
     14. Chiropractic, West Virginia Board of;
     15. Coal Heritage Highway Authority;
     16. Coal Mine Health and Safety, West Virginia Board of, and Coal Mine Safety and Technical Review Committee;
     17. College Prepaid Tuition Trust Fund, West Virginia;
     18. Commodities and Services from the Handicapped, Committee for the Purchase of;
     19. Community and Economic Development, West Virginia Council for;
     20. Consumer Advocate Division, West Virginia Public Service Commission;
     21. Consumer Protection and Antitrust Divisions, Activities of, West Virginia Attorney General's Report on;
     22. Corrections, West Virginia Division of;
     23. Counseling, West Virginia Board of Examiners in;
     24. Counties, West Virginia Association of;
     25. Court of Claims, West Virginia;
     26. Crime Victims Compensation Fund, West Virginia Court of Claims;
     27. Deaf and Hard-of-Hearing, West Virginia Commission for the;
     28. Dental Examiners, West Virginia Board of;
     29. Dieticians, West Virginia Board of Licensed;
     30. Eastern West Virginia Community Foundation;
     31. Education and State Employees Grievance Board, West Virginia;
     32. Employment Programs, West Virginia Bureau of;
     33. Enviromental Protection, West Virginia Department of;
     34. Equal Employment Opportunity Office, West Virginia;
     35. Family Support Program, West Virginia Department of Health and Human Resources;
     36. Foresters, West Virginia Board of Registration of;
     37. Forestry, West Virginia Division of;
     38. Funeral Service Examiners, West Virginia Board of;
     39. Grievance Board, West Virginia Education and State Employees;
     40. Health Care Authority, West Virginia;
     41. Holocaust Education, West Virginia Commission on;
     42. Housing Development Fund, West Virginia;
     43. Human Rights Commission, West Virginia;
     44. Insurance Commissioner, Office of, State of West Virginia;
     45. Investment Management Board, West Virginia;
     46. Juvenile Services, West Virginia Division of;
     47. Labor, West Virginia Division of;
     48. Land Surveyors, West Virginia State Board of Examiners of;
     49. Library Commission, West Virginia;
     50. Licensed Pracitical Nurses, West Virginia State Board of;
     51. Logging Sediment Control Act, West Virginia Division of Forestry;
     52. Long-Term Care Nursing Program, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources;
     53. Lottery Commission, West Virginia;
     54. Marshall University, Student Union Account;
     55. Medicine, West Virginia Board of (Volumes I and II);
     56. Message Therapy Licensure Board, West Virginia;
     57. Metropolitan Planning Commission, Brooke-Hancock- Jefferson;
     58. Motor Vehicles, West Virginia Division of;
     59. National and Community Service, West Virginia Commission for;
     60. National Guard, West Virginia;
     61. Natural Resources, West Virginia Division of;
     62. Neighborhood Investment Program, West Virginia Development Office;
     63. Nursing Home Administrators Licensing Board, West Virginia;
     64. Nursing Shortage Study Commission, West Virginia;
     65. Occupational Therapy, West Virginia Board of;
     66. Oil and Gas Inspector's Examining Board, West Virginia Department of Environmental Protection;
     67. Optometry, West Virginia Board of;
     68. Osteopathy, West Virginia Board of;
     69. Parole Board, West Virginia;
     70. Personnel, West Virginia Division of;
     71. Physical Therapy, West Virginia Board of;
     72. Planning and Development Council, Region IV;
     73. Planning and Development Council, Region VII;
     74. Poison Center, West Virginia;
     75. Professional Engineers of West Virginia, State Board of Registration for;
     76. Psychologists, West Virginia Board of Examiners of;
     77. Public Defender Services, West Virginia;
     78. Public Service Commission, West Virginia;
     79. Radiologic Technology, West Virginia Board of Examiners;
     80. Real Estate Appraiser Licensing and Certification Board, West Virginia;
     81. Real Estate Commission, West Virginia;
     82. Registered Professional Nurses, West Virginia Board of Examiners for;
     83. Risk and Insurance Management, West Virginia Board of, and Comprehensive Annual Financial Report;
     84. Sanitarians, West Virginia Board of Registration for;
     85. Senior Services, West Virginia Bureau of;
     86. Social Work Examiners, West Virginia Board of;
     87. Speech-Language Pathology and Audiology, West Virginia Board of Examiners for;
     88. State Police, West Virginia;
     89. State Rehabilitation Council, West Virginia;
     90. Steel Advisory Commission, West Virginia;
     91. Technology, Governor's Office of;
     92. Time Standards Compliance, West Virginia Workers' Compensation Office of Judges;
     93. Tourism Commission, West Virginia Division of;
     94. Transportation Study, Brooke-Hancock-Jefferson;
     95. Traumatic Brain and Spinal Cord Injury Rehabilitation Fund, West Virginia Board of;
     96. Veterans' Affairs, West Virginia Division of;
     97. Veterinary Medicine, West Virginia Board of;
     98. Water Development Authority, West Virginia;
     99. West Virginia University, School of Physical Education;
     100. West Virginia University, Student Union Account;
     101. Wheeling Housing Authority;
     102. Women's Commission, West Virginia;
     103. Workforce Investment Office, Governor's;
     Please advise my office if you should need copies of any of the above-listed reports.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2003

Senate Executive Message No. 7
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     As empowered by Section 11, Article VII of the Constitution of the State of West Virginia and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I extended relief to the persons named on the attached report. I submit this report in accordance with the above-cited provisions, for the period March 1, 2002, through March 1, 2003.
                              Very truly yours,
                               Bob Wise,
                               Governor.
PARDONS AND MEDICAL RESPITES GRANTED

BY GOVERNOR WISE

FOR THE PERIOD

MARCH 1, 2002 - MARCH 1, 2003

Leo Lester Belcher, Jr.

Decided: March 13, 2002

     In 1968, Mr. Belcher entered a plea of guilty to one felony count of breaking and entering. On January 9, 1968, the Fayette County Circuit Court sentenced him to one-to-ten years' imprisonment, which sentence was suspended for three years' probation. Mr. Belcher successfully completed his probationary period. Since that time, Mr. Belcher has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Leo Lester Belcher, Jr., for the offense of breaking and entering.
George Michael Hall

Decided: March 13, 2002

     In 1965, Mr. Hall entered a plea of guilty to one felony count of breaking and entering. On October 20, 1965, the Kanawha County Circuit Court sentenced Mr. Hall to a three-year term of probation. On October 20, 1966, after successful completion of one year, the probationary period was discharged. Since that time, Mr. Hall has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to George Michael Hall for the offense of breaking and entering.
James Harry McClure

Decided: March 13, 2002

     In 1958, Mr. McClure entered a plea of guilty to one felony count of breaking and entering. On October 4, 1958, the Logan County Circuit Court sentenced Mr. McClure to a three-year term of probation. Mr. McClure successfully completed the probationary period. Since that time, Mr. McClure has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to James Harry McClure for the offense of breaking and entering.
     Roy Edward Roton, Sr.

Decided: March 13, 2002

     In 1984, Mr. Roton entered a plea of guilty to one felony count of grand larceny. On October 18, 1984, the Roane County Circuit Court sentenced Mr. Roton to one-to-ten years' imprisonment, which sentence was suspended for a three-year term of probation. Mr. Roton successfully completed the probationary period. Since that time, Mr. Roton has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise grated a full, unconditional and complete pardon to Roy Edward Roton, Sr., for the offense of grand larceny.
Adrienne Melba

Granted: April 1, 2002

Extended: July 30, 2002

Extended: January 30, 2003

     Ms. Melba was diagnosed with end-stage liver disease while serving a five-year sentence for aggravated robbery and a 30-year sentence for wanton endangerment. Health care providers and the Division of Corrections agreed that Ms. Melba's disease is life- threatening and that she is a candidate for a liver transplant. The Division of Corrections does not have the resources to provide the necessary medical procedure/treatment and personal financial arrangements were available for these costs.
     For these reasons, on April 1, 2002, Governor Wise granted Ms. Melba a reprieve in the form of the suspension of her sentence of imprisonment for a period of one hundred twenty days; on July 30, 2002, Governor Wise again extended the reprieve for a period of one hundred eighty days; and on January 14, 2003, Governor Wise again extended the reprieve for a period of one hundred eighty days.
Danny Bradford Marion

Decided: April 10, 2002

     In 1964, Mr Marion entered a plea of guilty to one felony count of accessory to breaking and entering. On April 9, 1964, the Kanawha County Circuit Court suspended his sentence to a three-year probationary term. After successful completion of one year of the probationary term, the probationary period was discharged. Since that time, Mr. Marion has maintained himself as a responsible, law- abiding citizen leading a productive and contributing lifestyle.      For these reasons, Governor Wise granted a full, unconditional and complete pardon to Danny Bradford Marion for the offense of accessory to breaking and entering.
John Alvin Parker

Decided: September 3, 2002

     In 1978, Mr. Parker entered a plea of guilty to one count of
entering without breaking. On September 28, 1978, the Fayette County Circuit Court sentenced Mr. Parker to a three-year probationary term. Mr. Parker successfully completed his probationary period. Since that time, Mr. Parker has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise grated a full, unconditional and complete pardon to John Alvin Parker for the offense of entering without breaking.
Charles E. Pettry, Jr.

Decided: October 25, 2002

     In 1993, Mr. Pettry entered pleas of guilty to two counts of forgery. On December 23, 1993, the Kanawha County Circuit Court sentenced Mr. Pettry to a two-year probationary term. On December 23, 1955, Mr. Pettry successfully completed the probationary period. Since that time, Mr Pettry has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Charles E. Pettry, Jr., for the offenses of forgery.
Jeffrey Alan Eavenson

Decided: December 9, 2002

     In 1988, Mr. Eavenson entered a plea of guilty to one count of entering without breaking. On April 11, 1988, the Monongalia County Circuit Court sentenced Mr. Eavenson to one-to-ten years' imprisonment, which was suspended to one year of probation. Mr. Eavenson successfully completed the probationary period. Since that time, Mr. Eavenson has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Jeffrey Alan Eavenson for the offense of entering without breaking.
Larry Mack Davenport

Decided: January 13, 2003

     In 1985, Mr. Davenport entered a plea of guilty to one count of welfare fraud. On December 9, 1985, the Kanawha County Circuit Court sentenced Mr. Davenport to a five-year term of probation. Mr. Davenport successfully completed the probationary period and has made full restitution. Since that time, Mr. Davenport has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Larry Mack Davenport for the offense of welfare fraud.
Ronald H. Rebrook

Decided: January 13, 2003

     In 1959, Mr. Rebrook entered a plea of guilty to one count of breaking and entering. On June 6, 1959, the Harrison County Circuit Court sentenced Mr. Rebrook to a two-year term of probation. Mr. Rebrook successfully completed the probationary period. Since that time, Mr. Rebrook has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Ronald H. Rebrook for the offense of breaking and entering.
Thomas M. Estep

Decided: January 31, 2003

     In 1983, Mr. Estep entered a plea of guilty to one count of unarmed robbery. On March 4, 1983, the Wetzel County Circuit Court sentenced Mr. Estep to a five-year term of probation. Mr. Estep successfully completed the probationary period. Since that time, Mr. Estep has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Thomas M. Estep for the offense of unarmed robbery.
Terry Lilly

Granted: February 14, 2003

     Mr. Lilly was diagnosed with acute myelogenous leukemia while serving a six-year sentence for first-degree arson, a five-year sentence for wanton endangerment and a one-year sentence for destruction of property. Health care providers and the Division of Corrections agreed that Mr. Lilly's disease is life-threatening and that he was in a debilitated state due to the progression of the disease. Private financial arrangements were made to cover the costs of necessary medications and specialized medical treatment for Mr. Lilly.
     For these reasons, on February 14, 2003, Governor Wise granted Mr. Lilly a reprieve in the form of the suspension of his sentence for a period of thirty days. On February 28, 2003, while on reprieve, Mr. Lilly died.
Edward Burgess

Decided: February 20, 2003

     In 1976, Mr. Burgess entered a plea of guilty to one count of grand larceny. On July 14, 1976, the Raleigh County Circuit Court sentenced Mr. Burgess to one-to-ten years' imprisonment, which sentence was suspended to a two-year term of probation. Mr. Burgess successfully completed the probationary period. Since that time, Mr. Burgess has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Edward Burgess for the offense of grand larceny.
     Jason Newt Yauger

Decided: February 20, 2003

     In 1999, Mr. Yauger entered a plea of guilty to one count of underage consumption. On February 8, 1999, the Marion County Circuit Court sentenced Mr. Yauger to a one-year term of unsupervised probation. Mr. Yauger has maintained himself as a responsible, law-abiding citizen leading a productive and contributing lifestyle.
     For these reasons, Governor Wise granted a full, unconditional and complete pardon to Jason Newt Yauger for the offense of underage consumption.
__________

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2003

Senate Executive Message No. 8
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I am respectfully withdrawing the following appointment from Senate Executive Message No. 5 dated February 26, 2003:
     14.  For member, Emergency Medical Services Advisory Council, Bill Favors, Huntington, Cabell County, for the term ending June 30, 2003.
     I am respectfully submitting the following nomination for your advice and consent:
     1.   For Member, Emergency Medical Services Advisory Council, Paul Seamann, Beckley, Raleigh County, for the term ending June 30, 2003.
     Enclosed, please find a copy of Mr. Favors' resignation letter. Notice of this appointment was provided to the appropriate legislative staff at the time the appointment was made. Thank you for correcting your records.
                              Very truly yours,
                               Bob Wise,
     
Governor.

     Which communication was received and referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, March 8, 2003, at 11 a.m.
     The Clerk then presented communications from His Excellency, the Governor, advising that on March 7, 2003, he had approved Enr. Senate Bill No. 471 and Enr. Committee Substitute for House Bill No. 2359.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 6:15 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Ross, and by unanimous consent, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 75, Budget bill.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Eng. House Bill No. 2285, Requiring hunting and fishing licensees to carry proof of identity and other applicable documents.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2480, Increasing the amount of penalties the commissioner of banking may obtain and allowing the commissioner to expend funds to promote consumer awareness of issues related to residential mortgage lending.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2486, Continuing the public employees insurance agency.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2554, Continuing the marketing and development division of the department of agriculture.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2555, Continuing the West Virginia's membership in the southern regional education compact.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2670, Continuing the office of judges until July 1, 2009.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
     On page two, section seventeen, line four, by striking out the word "nine" and inserting in lieu thereof the word "four,".
     The bill (Eng. H. B. No. 2670), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2670) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2670) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2684, Authorizing the commissioner of department of highways to set certain speed limits.
     On second reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Transportation.
     Eng. Com. Sub. for House Bill No. 2705, Relating to the supervision of adult offenders and authorizing a compact for the supervision of adult offenders.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2750, Continuing the office of health facility licensure and certification.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2751, Continuing the department of health and human resources.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2752, Continuing the bureau for senior services.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2760, Authorizing motor carrier inspectors designated by the PSC to enforce all traffic laws and rules of the road with respect to commercial motor vehicles.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2779, Continuing the personal assistance services program.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2802, Providing for a legal description in deeds creating an easement right-of-way.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2814, Increasing the misdemeanor penalties for failure to yield the right-of-way.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2829, Continuing the division of culture and history.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2830, Continuing the division of natural resources.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2831, Continuing the records management and preservation board.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2835, Creating a special revenue fund for receipt of gifts, donations, etc., to support the operation of veterans facilities created by statute.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2840, Increasing the number of members on the Greater Huntington Park and making other changes in the act.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2864, Continuing the office of explosives and blasting.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2879, Continuing the West Virginia commission on holocaust education.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2881, Striking the provision requiring that post mining water discharges have to be better to or equal to pre-mining water discharge.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2882, Limiting requirements for stays for appeals under the surface coal mining and reclamation act for unjust hardship.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2888, Continuing the board of osteopathy.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2889, Continuing the board of examiners of psychologists.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2916, Continuing the state geological and economic survey.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3056, Providing for the regulation of intrastate driving hours of for-hire carriers.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 3062, Authorizing stockholders of closely held corporations to file suit for partition of real estate owned by the corporation when the real estate is the only substantial asset of the corporation.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3070, Providing that a mass convention of a political party, to elect delegates to the state convention, be held in the county instead of the various magisterial districts.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3092, Clarifying the prohibited discrimination and changing the employee's remedy for a violation of prohibited acts.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Fanning, the following amendment to the bill was reported by the Clerk and adopted:
     On page two,
by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That sections two, three, four, five and six, article five-e, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5E. EQUAL PAY FOR EQUAL WORK OF STATE EMPLOYEES.
§21-5E-2. Definitions.
     For the purposes of this article:
     (2) (1) "Employee" means any person hired for permanent employment, either full or part-time, or hired for temporary employment for more than six consecutive months, by any department, agency, commission or board of the state created by an act of the Legislature, except any person employed by the university of West Virginia board of trustees, the board of directors of the state college system or by any state institution of higher education, or a member of the state police, an employee of any constitutional officer who is not classified under the provisions of article six, chapter twenty-nine of this code and any employee of the Legislature. The definition of "employee" does not include any patient or inmate employed in a state institution;
     (1) (2) "Employer" means the state of West Virginia that state department, board, commission or agency utilizing the services of an employee.
_____(3) "Job class" means one or more positions sufficiently similar in duties, training, experience and responsibilities that the same title, the same qualifications and the same schedule of compensation and benefits may be equitably applied to each position in the class under the same or substantially similar employment conditions.

     (4) "Rate" with reference to wages means the basis of monthly or hourly compensation for services by paid to an employee for an by the employer and includes compensation based on the time spent in the performance of those services, or on the number of operations accomplished, or on the quantity produced or handled;
     (5)"Unpaid wages" means the difference between the wages actually paid to an employee and the wages required to be paid to an employee pursuant to section three of this article;
     (7) (6) "Wage gap" means the difference between the median annual earnings of men and women;
     (3) (7) "Wages" means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, including the cash value of all compensation paid in any medium other than cash; and
_____
(6) (8) "Work of comparable character" means work that may be dissimilar, but whose the requirements of which are comparable or equivalent when viewed as a measured by the composite of levels of the skill, effort, responsibility and working conditions normally required in the performance of the work.
§21-5E-3. Discrimination between sexes in payment of wages for work of comparable character prohibited.

     (a) No employer shall:
     (1) In any manner discriminate between the sexes in the payment of wages for the performance of work of comparable character, the performance of which requires comparable skills; or
     (2) Pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for the performance of work of comparable character, the performance of which requires comparable skills.
     (b) Nothing in subsection (a) of this section prohibits the payment of different wages to employees where the payment is made pursuant to:
     (1) A bona fide seniority system;
     (2) A merit system; or
     (3) A system that measures earnings by quantity or quality of production.
     (c) No employee shall be reduced in wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization.
     (d) No employer shall in any manner discriminate in the payment of wages to any employee because the employee has filed a complaint in a proceeding under this article, or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding pursuant to this article. For purposes of this section, the payment of wages is nondiscriminatory if an equitable compensation relationship exists between female dominated and male dominated job classes.
     (e) Except as otherwise provided in subsection (d), section six of this article, the provisions of this section shall not become effective until the Legislature approves for promulgation the rules proposed by the equal pay commission under the provisions of subsection (c) of said section.
§21-5E-4. No right of action.
     No legal or equitable cause of action, administrative, civil or criminal, arises under this article and there is no right of recovery against the state or the state's liability insurance policies for any alleged violation of this article. The enactment of this article does not waive sovereign immunity set forth in article VI, section thirty-five of the constitution
of West Virginia.
§21-5E-5. Establishment of the equal pay commission; appointment of members; and expiration date.

     (a) The equal pay commission is hereby established. The commission shall be composed of seven members, as follows:
     (1) Two members of the House of Delegates, appointed by the speaker;
     (2) Two members of the Senate, appointed by the president; and
     (3) Three state employee representatives, including one labor union member representing state employees, as agreed to by the speaker and president; the director of the women's commission, or his or her designee; and the director of the office of equal employment opportunity, or his or her designee.
     (b) The commission shall seek input from and invite the commissioner of labor or his or her designee and the director of the personnel division of the department of administration or his or her designee to attend meetings of the commission.
     (c) One of the members of the Senate and one of the members of the House of Delegates, as designated by the president and the speaker respectively, shall serve as cochair of the commission.
     (d) The members of the House of Delegates, the members of the Senate and the state employee representative members initially appointed shall serve until the thirty-first day of December, one thousand nine hundred ninety-eight. Those members shall thereafter be appointed to serve two-year terms beginning the first day of January, one thousand nine hundred ninety-nine.
     (e) Any member whose term has expired shall serve until his or her successor has been duly appointed. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment.
     (f) Any vacancies occurring in the membership of the commission shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the commission.
     (g) The commission expires on the first day of July, two thousand three thirteen.
§21-5E-6. Commission's duties; promulgation of rules.
     (a) The equal pay commission shall study both the methodology and funding for the implementation of a gender discrimination prohibition and shall prepare reports for submission to the Legislature which include:
     (1) An analysis of state job descriptions which measures the inherent skill, effort, responsibility and working conditions of various jobs and classifications; and
     (2) A review of similar efforts to eliminate gender-based wage differentials implemented by other governmental entities in this and other states.
     (b) The commission shall submit an initial report with recommendations for implementation of a gender discrimination prohibition to the joint committee on government and finance not later than the first day of July, two thousand, and shall submit status reports annually thereafter.
     (c) Based upon the findings and recommendations in its report, the commission may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this article.
     
(d) The Legislature finds that it has not fully assessed the potential cost to the state if the provisions of sections three and four of this article are implemented and that those provisions should not be implemented until a reasonable estimate of the amount of public funds that may be required for appropriation and expenditure as a result of the implementation can be calculated. Accordingly, notwithstanding any other provisions of this article to the contrary, the provisions of sections three and four of this article shall not become effective until enactment of general law specifically providing an effective date of implementation of those sections. During the interim period between the two thousand two regular session of the Legislature and the two thousand three regular session of the Legislature, the equal pay commission shall, in the manner prescribed by the joint committee on government and finance, meet and consult with the joint standing committee on the judiciary, the joint committee on finance and others as may be prescribed for the purposes of conducting a joint assessment of budgetary or other financial impact on the state if the provisions of sections three and four of this article are implemented. Prior to the two thousand three regular session of the Legislature, those directed to conduct the joint assessment shall report their findings to the joint committee on government and finance and, if warranted, report any recommendations for the passage of legislation that would effectively lessen or eliminate the cost of implementation of sections three and four of this article in a manner that is consistent with achieving the purposes for which this article was initially enacted.
     
(c) The equal pay commission shall prepare an equitable compensation implementation report in accordance with option "B" of the final report on pay equity and West Virginia state employment and submit it to the joint committee on government and finance no later than the first day of September, two thousand three. The implementation plan shall include the following information:
_____(1) A list of all job classes which require pay equity salary adjustments;
_____(2) The number of employees in each job class;
_____(3) The number of female employees in each job class;
(4) The proposed salary increase by job class;

_____(5) The state cost of the salary increase by job class
;
_____(6) The source of matching salary funds and the amount of those funds required for the salary increase by job class; and
_____(7) The recommended time period for implementation and the estimated cost per year including the annual state cost and total cost.
_____
(d) Prior to the two thousand four session of the Legislature and each legislative session thereafter through the two thousand and ten session of the Legislature, the equal pay commission shall inform the joint committee on government and finance in writing whether or not an equitable compensation plan has been achieved and, if not, the equal pay commission shall also report:
_____(1) Any amendment to the implementation plan previously established under subsection (c) of this section;
_____(2) A recommendation of the amount to be appropriated in the upcoming fiscal year for a pay equity salary adjustment set forth by job class and the reasons therefore;
_____(3) Progress made to date in implementing an equitable compensation plan;
_____(4) Progress made within each job class to lessen the cost of pay equity salary adjustments through the implementation of non- monetary strategies; and
_____(5) Any recommendations for the passage of legislation.

     The bill (Eng. Com. Sub. for H. B. No. 3092), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3092) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3092) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3093, Requiring county commissions to follow geographic physical features recognized by the United States Census Bureau when determining precinct boundaries.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3155, Maintaining the security and confidentiality of business processes.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 3201, Allowing the family court to exercise jurisdiction concurrently with the circuit court over petitions for a change of name.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Minard, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     The Senate proceeded to the tenth order of business.
     Eng. Com. Sub. for House Bill No. 2895, Requiring eight hours annually of dementia specific training for staff in nursing homes and personal care homes.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Eng. Com. Sub. for House Bill No. 3075, Providing for nonrelative visitation for health care patients.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Caldwell, from the Committee on Interstate Cooperation, submitted the following report, which was received:
     Your Committee on Interstate Cooperation has had under consideration
     Eng. Com. Sub. for House Bill No. 2704, Relating to the supervision and return of juvenile offenders, runaways and other juveniles.
     And reports the same back without recommendation as to passage; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Anita Skeens Caldwell,
                               Chair.
     At the request of Senator Caldwell, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2704) contained in the preceding report from the Committee on Interstate Cooperation was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 2224, Relating to higher education reorganization.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 4, 2003;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Chafin, unanimous consent being granted, the bill (Eng. H. B. No. 2224) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That section two, article eight, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section one, article five, chapter five of said code be amended and reenacted; that section two, article one, chapter eighteen-b of said code be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections eight and ten; that section three, article one- a of said chapter be amended and reenacted; that section six, article one-b of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section ten; that sections three, four and eight, article three-c of said chapter be amended and reenacted; that article six of said chapter be amended by adding thereto a new section, designated section four-b; that sections four and six, article seven of said chapter be amended and reenacted; that section three, article eight of said chapter be amended and reenacted; that sections five and ten, article nine of said chapter be amended and reenacted; that sections one and fourteen, article ten of said chapter be amended and reenacted; and that article fourteen of said chapter be amended by adding thereto a new section, designated section eleven, all to read as follows:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

§5-5-1. Definitions.
     For the purposes of this article:
     (1) (a) "Eligible employee" means either of the following:
     (1) Any regular full-time employee of the state or any spending unit thereof of the state who is eligible for membership in any state retirement system of the state of West Virginia or other retirement plan authorized by the state: Provided, That the mandatory salary increase required by this article shall not apply to any faculty employee at public state institutions of higher learning education, or any employee of the state whose compensation is fixed by statute or by statutory schedule other than employees described in this section. (except that the Clerks, deputy clerks and magistrate assistants of magistrate courts shall be are eligible for the incremental salary increases provided in this article and with such the increases to be allowable in addition to the maximum salaries and compensation for such the employee offices under the magistrate court system statutes of article one, chapter fifty of the code.), nor shall This article may not be construed to mandate an increase in the salary of any elected or appointed officer of the state; or
_____
(2) Any classified employee as defined in section two, article nine, chapter eighteen-b of this code who is an employee of a state institution of higher education or of the higher education policy commission;
_____
(2) (b) "Years of service" means full years of totaled service as an employee of the state of West Virginia; and
_____
(3) (c) "Spending unit" means any state office, department, agency, board, commission, institution, bureau or other designated body authorized to hire employees.
CHAPTER 18B. HIGHER EDUCATION.

§18B-1-2. Definitions.

     The following words when used in this chapter and chapter eighteen-c of this code have the meaning hereinafter ascribed to them unless the context clearly indicates a different meaning:
     (a) For the transition year beginning on the first day of July, two thousand, and ending on the thirtieth day of June, two thousand one, only, "governing board" or "board" means the higher education interim governing board created pursuant to article one-c of this chapter; and, beginning on the first day of July, two thousand one, "governing board" or "board" means the institutional board of governors of West Virginia university, Marshall university, the West Virginia school of osteopathic medicine, Bluefield state college, Concord college, eastern West Virginia community and technical college, Fairmont state college, Glenville state college, Shepherd college, southern West Virginia community and technical college, West Liberty state college, West Virginia northern community and technical college and West Virginia state college, whichever is applicable within the context of the institution or institutions referred to in this chapter or in other provisions of law;
     
(a) Effective the first day of July, two thousand five, "regional campus" means West Virginia university at Parkersburg, and West Virginia university institute of technology.
     (b) Beginning on the first day of July, two thousand one, "Governing boards" or "boards" means the institutional boards of governors created pursuant to subsection (b), section one, article two-a of this chapter;
     (c) "Freestanding community and technical colleges" means southern West Virginia community and technical college, West Virginia northern community and technical college, eastern West Virginia community and technical college, which shall not be operated as branches or off-campus locations of any other state institution of higher education;
     (d) "Community college" or "community colleges" means community and technical college or colleges as those terms are defined in this section;
     (e) "Community and technical college", in the singular or plural, means the freestanding community and technical colleges and other state institutions of higher education which have defined community and technical college responsibility districts and programs in accordance with the provisions of sections four and six, article three-c of this chapter;
     (f) "Community and technical college education" means the programs, faculty, administration and funding associated with the mission of community and technical colleges as provided in article three-c of this chapter;
     (g) "Essential conditions" means those conditions which shall be met by community and technical colleges as provided in section three, article three-c of this chapter;
     (h) "Higher education institution" means any institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended;
     (i) "Higher education policy commission", or "policy commission" or commission means the commission created pursuant to section one, article one-b of this chapter;
     (j) "Chancellor" means the chief executive officer of the higher education policy commission employed pursuant to section five, article one-b of this chapter;
     (k) "Institutional operating budget" or "operating budget" for any fiscal year means an institution's total unrestricted education and general funding from all sources in a prior fiscal year, including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as approved by the commission based on comparisons with peer institutions or to reflect consistent components of peer operating budgets;
     (l) "Post-secondary vocational education programs" means any college-level course or program beyond the high school level provided through an institution of higher education under the jurisdiction of a governing board which results in or may result in the awarding of a two-year associate degree;
     (m) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
     (n) For the purposes of this chapter and chapter eighteen-c of this code, "senior administrator" means the vice chancellor for administration employed by the chancellor in accordance with section two, article four of this chapter. The vice chancellor for administration shall assume all the powers and duties that are assigned by law to the senior administrator;
     (o) "State college" means Bluefield state college, Concord college, Fairmont state college, Glenville state college, Shepherd college, West Liberty state college or West Virginia state college;
     (p) "State institution of higher education" means any university, college or community and technical college under the direct or indirect jurisdiction of a governing board as that term is defined in this section;
     (q) "Regional campus" means West Virginia university at Parkersburg, Potomac state college of West Virginia university, and West Virginia university institute of technology; Each regional campus shall adopt separate strategic plans required by section one-c of this article;
     (r) The advisory board previously appointed for the West Virginia graduate college shall be known as the "board of visitors" and shall provide guidance to the Marshall university graduate college;
     (s) "Institutional compact" means a compact between a state institution of higher education and the commission, as described in section two, article one-a of this chapter;
     (t) "Peer institutions", "peer group" or "peers" means public institutions of higher education used for comparison purposes and selected by the commission pursuant to section three, article one-a of this chapter;
     (u) "Administratively linked community and technical college" means a community and technical college created pursuant to section eight, article three-c of this chapter;
     (v) "Sponsoring institution" means the state institution of higher education that maintains an administrative link to a community and technical college pursuant to section eight, article three-c of this chapter;
     (w) "Collaboration" means entering into an agreement with one or more providers of education services in order to enhance the scope, quality, or efficiency of education services;
     (x) "Broker" or the act of "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas to obtain education services not offered by a sponsoring institution. These services include courses, degree programs or other services contracted through an agreement with a provider of education services either in-state or out-of-state; and
     (y) "Joint commission for vocational-technical-occupational education" or "joint commission" means the commission established pursuant to article three-a of this chapter.
§18B-1-8. Student rights when institutions merge or become administratively linked.
     
(a) Commencing with the effective date of this section, when a conflict exists between academic program requirements at an institution to be consolidated, merged or administratively linked to another state institution of higher education, the requirements of the institution at which the student initially enrolled prevail. A student may not be required to earn additional credits toward the degree pursued, or to take additional courses, that were not included in the program of study at the time the student declared that major at the enrolling institution.
_____(b) A student enrolled in an institution to be consolidated, merged or administratively linked to another state institution of higher education shall continue to receive any state-funded student financial aid for which he or she would otherwise be eligible.

§18B-1-10. Potomac branch of West Virginia university.
     
(a) Notwithstanding any other provision of this code to the contrary, by the first day of July, two thousand five, Potomac state college shall merge and consolidate with West Virginia university and become a fully integrated division of the university. All administrative and academic units shall be consolidated with primary responsibility for direction and support assigned to West Virginia university. The advisory board previously appointed for Potomac state college shall be known as the board of visitors and shall provide guidance to the division in carrying out its mission.
_____(b) Operational costs for the Potomac campus may not exceed by more than ten percent the average cost per full-time equivalent student for freestanding community and technical colleges or the southern regional education board average expenditures for two-year institutions. West Virginia university shall reduce these costs to the mandated level within four years.
_____(c) Auxiliary enterprises shall be incorporated into the West Virginia university auxiliary enterprise system. The West Virginia university board of governors shall determine if operations at the Potomac campus can be operated on a self-sufficient basis when establishing rates for auxiliary services and products.
_____(d) Potomac state college has a strong reputation in agriculture and forestry instruction, pre-professional programs in business, computer science and education and basic liberal arts instruction. These programs shall be further cultivated and emphasized as the sustaining mission of the Potomac campus over the next decade, except that the higher education policy commission may change the mission of the Potomac campus at any time the commission determines appropriate. In order to focus its resources on these programs, the campus shall contract through eastern West Virginia community and technical college to provide work force development training, literacy education and technical education programs which are most efficiently offered within a flexible community and technical college curriculum. This collaborative relationship shall serve to strengthen both institutions and generate a model relationship between traditional and community and technical college education for institutions throughout the state.
_____(e) Beginning the first day of November, two thousand three, and annually thereafter, Potomac state college and eastern West Virginia community and technical college shall report to the higher education policy commission on plans, accomplishments and recommendations in implementing the cooperative relationship authorized in subsection (d) of this section. The commission shall report to the legislative oversight commission on education accountability on the cooperative activities, results and recommendations for changes by the fifteenth day of December, two thousand three, and annually thereafter.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST      VIRGINIA.
§18B-1A-3. Peer institutions.
     (a) The commission shall select not fewer than ten peer institutions for each state institution of higher education in West Virginia, including, but not limited to, independently accredited community and technical colleges.
     (b) The peer institutions shall be selected from among institutions throughout the United States and not solely from the states that are members of the southern regional education board.
     (c) The peer institutions, as selected by the commission, shall be used as benchmarks for comparison purposes only and are not intended to reflect funding goals for West Virginia institutions of higher education. Such a use is inappropriate since institutions selected as peers for a state institution may be located in an area of high per capita income or have their funding subject to other factors that make its use unrealistic for setting funding goals in West Virginia. The peer institutions shall be used for comparison in the following areas:
     (1) To determine adjustments to base operating budgets as described in section five of this article;
     (2) To determine comparable levels of tuition;
     (3) To determine comparable faculty and staff teaching requirements and other workloads; and
     (4) For such other purposes as the law may require or the commission may find useful or necessary.
     (d) The commission shall contract with a national, independent education consulting firm to assist in the unbiased selection of peer institutions for each West Virginia institution. The commission shall select peer institutions for each institution through an open, deliberative, objective process and in consultation with the institutional boards of governors, intended to achieve broad understanding of the basis for this selection in the higher education community and the Legislature. Final peer selection is subject to the review approval of the legislative oversight commission on education accountability. In selecting peer institutions, the commission shall use criteria such as, but not limited to:
     (1) Institutional mission;
     (2) Institutional size related to full-time equivalent students;
     (3) The proportions of full-time and part-time students;
     (4) The level of academic programs, including, but not limited to, number of degrees granted at the associate, baccalaureate, masters, doctoral and first-professional level;
     (5) The characteristics of academic programs such as health sciences, professional, technical or liberal arts and sciences; and
     (6) The level of research funding from federal competitive funding sources.
     (e) Subject to the review approval of the legislative oversight commission on education accountability, the commission shall review and make necessary adjustments to peer institutions at least every six years or as necessary based on changes in institutional missions as approved in institutional compacts or in changes at peer institutions.
     (f) Nothing herein shall may be construed to prevent the commission from using the same peers or peer groups for more than one institution of higher education.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.

§18B-1B-6. Appointment of institutional presidents, provosts;      evaluation.
     (a) Appointment of institutional presidents. -- Effective on the first day of July, two thousand, appointment Appointment of presidents of the public institutions of higher education shall be made as follows:
     (1) Subject to the approval of the commission, the appropriate governing board of the institution shall appoint a president for Bluefield state college, Concord college, eastern West Virginia community and technical college, Fairmont state college, Glenville state college, Marshall university, Shepherd college, southern West Virginia community and technical college, West Liberty state college, West Virginia northern community and technical college, West Virginia school of osteopathic medicine, West Virginia state college and West Virginia university;
     (2) Subject to the approval of the appropriate governing board and to the provisions of article three-c of this chapter, the president of the appropriate institution shall appoint the president of the regional campuses of West Virginia university and of the community and technical colleges which remain linked administratively to a sponsoring institution. The presidents of such regional campuses and community and technical colleges shall serve at the will and pleasure of the institutional president. The president of the sponsoring institution shall appoint a president for the administratively linked community and technical college at the appropriate time as outlined in the institutional compact and approved by the commission.
     (3) Subject to the approval of the commission and to the provisions of articles article three-c and three-f of this chapter, the president of the appropriate institution shall appoint the provost in those cases where the community and technical college remains as a component of another institution. The provost shall serve at the will and pleasure of the president of the employing institution.
     (b) Incumbent heads of institutions. -- Any president of a public institution of higher education in office on the first day of July, two thousand, shall continue in office subject to state law: Provided, That the provost of an administratively linked community and technical college in office on the thirtieth day of June, two thousand one, may become the president of that community and technical college on the first day of July, two thousand one, with the approval of the governing board of the institution and subject to the consent of the commission. The presidents shall continue in office subject to state law and subject to the will and pleasure of the appropriate governing board or employing institution.
_____(b) Other appointments. -- Appointments of administrative heads of state institutions of higher education shall be made in accordance with the provisions of subsection (a) of this section except in the following instances:
_____(1) Effective the first day of July, two thousand three, the institutional president shall appoint a provost to be the administrative head of New River community and technical college; and
_____(2) Effective the first day of July, two thousand five, the institutional president shall appoint a provost to be the administrative head of the Potomac campus of West Virginia university;
     (c) Evaluation of institutional presidents administrative heads. -- The governing boards shall conduct written performance evaluations of each institution's president: Provided, That except the presidents of regional campuses shall be evaluated by the president of West Virginia university. and The presidents provosts of administratively linked community and technical colleges and other consolidated, merged or administratively linked units shall be evaluated by the president of the employing institution. Evaluations shall be done in every fourth year of employment as president administrative head, recognizing unique characteristics of the institution and utilizing institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact.
§18B-1B-10. Goals of efficiency and effectiveness; findings;      reports to commission and legislative oversight commission on      education accountability.
     
(a) The Legislature finds that it is in the best interests of the citizens of West Virginia for state institutions of higher education to work diligently toward achieving the goals and objectives set forth in section one-a, article one of this chapter and in the institutional compacts. One way these goals may be achieved is through collaborative agreements between or among two or more institutions to enhance the scope, quality or efficiency of education services.
_____(b) To further these goals of cooperation and coordination, to avoid unnecessary duplication of program development and delivery, and to ensure that programs and services address the public policy agenda established by the Legislature and the commission, compact elements and goals for post-secondary education, by the first day of September, two thousand three, Concord college and Bluefield state college jointly shall complete a comprehensive study of the degree to which these institutions are making progress toward meeting the goals for post-secondary education, their institutional compacts and the public policy agenda and shall report their finding to the commission. The report shall address specific examples of collaboration, cooperation or brokering in academic programs, administrative services or any joint efforts which aim to avoid unnecessary duplication and to ensure delivery of high quality education services.
_____(c) The commission shall analyze the report prepared by Concord college and Bluefield state college, together with any other relevant data, and report to the legislative oversight commission on education accountability by the first day of November, two thousand three. The report shall contain findings and recommendations to address at least the following areas relevant to the two institutions:
_____(1) The fiscal status;
_____(2) The progress in meeting the goals for post-secondary education, the institutional compact and the public policy agenda;
_____(3) Possible academic and fiscal advantages that might be derived from an administrative link between the two institutions; and
_____(4) Any changes to the programs or services of either institution required by the commission based on their findings or those of the institutions.
_____(d) If the commission determines that either institution has made insufficient progress toward the goals established in this chapter, in the institutional compacts, in the public policy agenda established by the commission or has not complied with the changes required by the commission pursuant to subsection (c) of this section, the commission immediately shall take any action necessary to further the goals and requirements of this section.
_____(e) The commission shall continue to monitor and review each institution's compliance with this section.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-3. Essential conditions for community and technical college programs and services.

  The Legislature hereby establishes the following essential conditions for community and technical college programs and services:
  (a) Independent accreditation by the commission on institutions of higher education of the north central association of colleges and schools (NCA) reflecting external validation that academic programs, services, faculty, governance, financing and other policies are aligned with the community and technical college mission of the institution;
  (b) A full range of community and technical college services offered as specified in section six of this article;
  (c) Programmatic approval consistent with the provisions of section nine of this article;
  (d) A fee structure competitive with its peer institutions;
  (e) Basic services, some of which may be obtained under contract with existing institutions in the region. These basic services shall include, but are not limited to, the following:
  (1) Student services, including, but not limited to, advising, academic counseling, financial aid and provision of the first line of academic mentoring and mediation;
  (2) Instructional support services;
  (3) Access to information and library services;
  (4) Physical space in which courses can be offered;
  (5) Access to necessary technology for students, faculty and mentors;
  (6) Monitoring and assessment; and
  (7) Administrative services, including, but not limited to, registration, fee collection and bookstore and other services for the distribution of learning materials;
  (f) A president provost who is the chief academic and administrative officer of the community and technical college appointed and serving pursuant to the terms of section six, article one-b of this chapter. The provost shall report directly to the president of the institution and shall have appropriate direct contact with the institutional board of governors. It is the responsibility of the board of governors to provide sufficient time on its agenda for each provost of a component community and technical college to discuss issues relevant to the mission of the component.
  (g) An institutional board of governors or an institutional board of advisors appointed and serving as required by law;
  (h) A full-time core faculty, complemented by persons engaged through contract or other arrangements, including college and university faculty, to teach community college courses and qualified business, industry and labor persons engaged as adjunct faculty in technical areas;
  (i) A faculty personnel policy, formally established to be separate and distinct from that of other institutions, which includes, but is not limited to, appointment, promotion, workload and, if appropriate, tenure pursuant to section nine of this article. These policies shall be appropriate for the community and technical college mission and may not be linked to the policies of any other institution;
  (j) Community and technical colleges designed and operating as open-provider centers with the authority and flexibility to draw on the resources of the best and most appropriate provider to ensure that community and technical college services are available and delivered in the region in a highly responsive manner. A community and technical college may contract with other institutions and providers as necessary to obtain the academic programs and resources to complement those available through a sponsoring college, where applicable, in order to meet the region's needs.
  (k) Separately identified state funding allocations for each of the community and technical colleges. The president provost of the community and technical college has full budgetary authority for the entity, subject to accountability to its governing board, including authority to retain all tuition and fees generated by the community and technical college for use to carry out its mission.
§18B-3C-4. Responsibility districts.
  (a) Each community and technical college is hereby assigned a responsibility district within which it is responsible for providing the full array of community and technical college programs and services as defined in section six of this article. The programs and services shall address the public policy agenda, compact elements and goals for post-secondary education established in section one-a, article one of this chapter as they relate to community and technical colleges, and other goals which may be established by the commission. The responsibility districts shall be comprised of contiguous areas of the state which have similar economic, industrial, educational, community and employment characteristics to facilitate specialization in mission and programming. For the purposes of initial implementation and organization, the districts shall be comprised as follows and assigned to the designated community and technical colleges:
  (1) West Virginia northern community and technical college - Ohio, Brooke, Hancock, Marshall, Tyler and Wetzel counties;
  (2) West Virginia university at Parkersburg - Wood, Jackson, Pleasants, Ritchie, Roane, Tyler and Wirt counties;
  (3) Southern West Virginia community and technical college - Logan, Boone, Lincoln, McDowell, Mingo, Raleigh and Wyoming counties;
  (4) Bluefield state community and technical college - Mercer, Greenbrier, McDowell, Monroe, Pocahontas, Raleigh and Summers counties;
  (5) Glenville state community and technical college - Gilmer, Barbour, Braxton, Calhoun, Clay, Lewis, Nicholas, Roane, Upshur and Webster counties;
  (6) Fairmont state community and technical college - Marion, Doddridge, Harrison, Monongalia, Preston, Randolph, Taylor and Barbour counties;
  (7) Shepherd community and technical college - Jefferson, Berkeley, Grant and Morgan counties;
  (8) Eastern West Virginia community and technical college - Mineral, Grant, Hampshire, Hardy, Tucker and Pendleton counties;   (9) West Virginia state community and technical college - Kanawha, Putnam and Clay counties;
  (10) West Virginia university institute of technology community and technical college - Fayette, Clay, Kanawha, Raleigh and Nicholas counties; and
  (11) Marshall university community and technical college - Cabell, Kanawha, Mason, Putnam and Wayne counties; and
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(12) Effective the first day of July, two thousand three, the following changes are made to the responsibility districts:
__(A) The responsibility districts of the components known as Glenville state community and technical college and Bluefield state community and technical college are abolished and the counties formerly within those responsibility districts are reassigned as provided in this subsection;
__(B) New River community and technical college of Bluefield state college: Clay, Fayette, Greenbrier, Mercer, McDowell, Monroe, Nicholas, Pocahontas, Raleigh, Summers and Webster counties; and
__(C) Fairmont state community and technical college: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Lewis, Marion,
Monongalia, Preston, Randolph, Taylor and Upshur counties;
  (b) It is the intent of the Legislature that, where counties are listed in more than one district, the county shall be the joint responsibility of each community and technical college assigned that county or shall be divided as determined by the commission. The boundaries of the districts may be modified, from time to time, by the commission to serve better the needs within the districts. Such modifications are not required to follow county boundaries.
  (c) Prior to the first day of July, two thousand three, Glenville state college, Fairmont state college and Bluefield state college shall agree as to the transfer of ownership of or title to any property, materials, equipment or supplies of the former Glenville state community and technical college; the transfer of any valid agreement, obligation or claim entered into or incurred by the Glenville state community and technical college; and the transfer, if any, of faculty and staff employed by Glenville state college for the benefit of its community and technical college. Any disagreement regarding these transfers shall be submitted to the higher education policy commission for resolution.
§18B-3C-8. Process for achieving independently-accredited community and technical colleges.

  (a) Over a six-year period beginning the first day of July, two thousand one, West Virginia shall move from having "component" community and technical colleges to having a statewide network of independently-accredited community and technical colleges serving every region of the state. This section does not apply to the freestanding community and technical colleges, West Virginia university at Parkersburg and Potomac state college of West Virginia university: Provided, That Potomac state college of West Virginia university shall serve as a comprehensive two-year institution for the delivery of transfer education, may offer career programs in the area of agriculture, and may offer nontraditional outreach and work force development programs as a collaborative effort in a region with the local community and technical college whose mission and charge encompasses outreach and work force development programs.
  (b) To be eligible for funds appropriated to develop independently accredited community and technical colleges, a state institution of higher education shall demonstrate the following:
  (1) That it has as a part of its institutional compact approved by the council and the commission a step-by-step plan with measurable benchmarks for developing an independently accredited community and technical college that meets the essential conditions set forth in section three of this article;, except as limited in subdivisions (1), (2) and (4), subsection (c) of this section;
  (2) That it is able to offer evidence annually to the satisfaction of the council and the commission that it is making progress toward accomplishing the benchmarks established in its institutional compact for developing an independently accredited community and technical college; and
  (3) That it has submitted an expenditure schedule approved by the council and the commission which sets forth a proposed plan of expenditures for funds allocated to it from the fund.
  (c) The following are recommended strategies for moving from the current arrangement of "component" community and technical colleges to the legislatively mandated statewide network of independently accredited community and technical colleges serving every region of the state. The Legislature recognizes that there may be other means to achieve this ultimate objective; however, it is the intent of the Legislature that the move from the current arrangement of "component" community and technical colleges to the legislatively-mandated statewide network of independently- accredited community and technical colleges serving every region of the state shall be accomplished. The following recommendations are designed to reflect significant variations among regions and the potential impacts on the sponsoring institutions.
  (1) Bluefield state community and technical college. -- Bluefield state community and technical college, including the Lewisburg center, should retain its relationship as a component of Bluefield state college. The president and the board of governors of Bluefield state college are accountable to the commission for ensuring that the full range of community and technical college services is available throughout the region and that the community and technical college adheres, as nearly as possible, to the essential conditions pursuant to section three of this article with the possible exception of independent accreditation.
  
(2) Center for higher education and work force development at Beckley. -- The president of Bluefield state college and the institutional board of advisors are responsible, according to a plan approved by the commission, for the step-by-step implementation of a new independently accredited community and technical college administratively linked to Bluefield state college, known as the center for higher education and work force development, which adheres to the essential conditions pursuant to section three of this article. As an independently accredited community and technical college, the center also shall serve as higher education center for its region by brokering with other colleges, universities and other providers, in-state and out-of-state, both public and private, to ensure the coordinated access of students, employers, and other clients to needed programs and services. The new community and technical college shall serve Raleigh, Summers and Fayette counties and be headquartered in Beckley. The commission shall appoint an institutional board of advisors for the center at Beckley which is separate from the institutional board of advisors of Bluefield state college but may have some overlap in membership to facilitate coordination. In addition, the president of the center shall appoint a district consortium committee to advise the president on a comprehensive assessment of the needs in the region, on coordinating efforts with regional labor market information systems, and on other areas as provided for in section seven of this article relating to the duties of district consortia committees. The center shall facilitate the planning and development of a unified effort involving multiple providers and facilities, including, but not limited to, Concord college, the college of West Virginia, Marshall university, West Virginia university, West Virginia university institute of technology and other entities to meet the documented work force development needs in the region: Provided, That nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between the college of West Virginia, West Virginia university institute of technology and West Virginia university. The center for higher education and work force development at Beckley also shall provide the facilities and support services for other public and private institutions delivering courses, programs and services in Beckley. The objective would be to assure students and employers in the area that there would be coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area. If, at a future time, the commission believes it appropriate, it may recommend to the Legislature that the Beckley institution be created as a freestanding institution.   New River community and technical college of Bluefield state college. --
__(A) Bluefield state
shall retain its existing mission but place greater emphasis and priority on its community and technical college role and serving the citizens of its expanded service district. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to Bluefield state college. Nothing herein may be construed to require Bluefield state college to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
__(B) Effective the first day of July, two thousand three, the component formerly known as Bluefield state community and technical college shall become a multicampus entity known as New River community and technical college, administratively linked to Bluefield state college. The multicampus community and technical college shall serve Raleigh, Summers,
Fayette, Greenbrier, Clay, Mercer, McDowell, Monroe, Nicholas, Pocahontas and Webster counties and be headquartered in Beckley. The West Virginia council for community and technical college education shall appoint an institutional board of advisors, pursuant to section one, article six or this chapter, for New River community and technical college which is separate from the institutional board of governors of Bluefield state college.
__(C) Bluefield state college shall take immediate steps to seek independent accreditation of New River community and technical college including all sites within its revised service district. The president and the board of governors are responsible for obtaining independent accreditation of the community and technical college by the thirty-first day of December, two thousand four. If the multicampus entity known as New River community and technical college has not obtained independent accreditation by this date, the commission shall choose one of the following options:
__(i) Create New River as a freestanding community and technical college; or
__(ii) Assign the responsibility for obtaining independent accreditation to another state institution of higher education.
__(D) The president and the board of governors of Bluefield state college also are accountable to the commission for ensuring that the full range of community and technical college services is available throughout the region and that New River community and technical college adheres
to the essential conditions pursuant to section three of this article.
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(E) As an independently accredited community and technical college, New River also shall serve as a higher education center for its region by brokering with other colleges, universities and other providers, in-state and out-of-state, both public and private, to ensure the coordinated access of students, employers and other clients to needed programs and services.
__(F) New River community and technical college
shall facilitate the planning and development of a unified effort involving multiple providers and facilities, including, but not limited to, Concord college, the college of West Virginia, Marshall university, West Virginia university, West Virginia university institute of technology and other entities to meet the documented work force development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between the college of West Virginia, West Virginia university institute of technology and West Virginia university. New River community and technical college also shall provide the facilities and support services for other public and private institutions delivering courses, programs and services in Beckley. The objective is to assure students and employers in the area that there is coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area.
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(3) Glenville state community and technical college. -- Glenville state community and technical college, including the centers in Nicholas, Lewis and Roane counties, should retain its relationship as a component of Glenville state college. The president of Glenville state college and the governing board are accountable to the commission for ensuring that the full range of community and technical college services is available throughout the region and that the community and technical college adheres as nearly as possible to the essential conditions pursuant to section three of this article, with the possible exception of independent accreditation.
  
(4) (2) Fairmont state community and technical college. -- Fairmont state community and technical college shall be an independently accredited community and technical college serving Marion, Doddridge, Barbour, Harrison, Monongalia, Preston, Randolph and Taylor, Braxton, Calhoun, Gilmer, Lewis and Upshur counties. The community and technical college is developed on the base of the existing component community and technical college of Fairmont state college. Subject to the provisions of this section, the president and the governing board of Fairmont state college are responsible, according to a plan approved by the commission, for step-by-step implementation of the independently accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to Fairmont state college. Nothing herein shall may be construed to require Fairmont state college to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
  (5) (3) Marshall university community and technical college. -- Senate Bill No. 653 created an implementation board charged with the responsibility to develop a plan, to be recommended to the commission, for the most effective and efficient method to deliver comprehensive community and technical college education to the citizens and employers of the responsibility areas of Marshall university, West Virginia state college and West Virginia university institute of technology. Pursuant to the recommendation of the implementation board and of the commission, Marshall university community and technical college shall become an independently accredited community and technical college. It should shall serve Cabell, Kanawha, Mason, Putnam and Wayne counties. The new community and technical college is developed on the base of the existing component community and technical college of Marshall university. Subject to the provisions of this section, the president and the governing board of Marshall university are responsible, according to a plan approved by the commission, for step-by-step implementation of the new independently accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to Marshall university. Nothing herein shall may be construed to require Marshall university to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
  (6) (4) Shepherd community and technical college. -- Shepherd community and technical college shall become an independently accredited community and technical college. It should shall serve Jefferson, Berkeley and Morgan counties. The new community and technical college is developed on the base of the existing component community and technical college of Shepherd college. Subject to the provisions of this section, the president and the governing board of Shepherd college are responsible, according to a plan approved by the commission, for step-by-step implementation of the new independently accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to Shepherd college. Nothing herein shall may be construed to require Shepherd college to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
  (7) (5) West Virginia state community and technical college. -- Senate Bill No. 653 created an implementation board charged with the responsibility to develop a plan, to be recommended to the commission, for the most effective and efficient method to deliver comprehensive community and technical college education to the citizens and employers of the responsibility areas of Marshall university, West Virginia state college and West Virginia university institute of technology. Pursuant to the recommendation of the implementation board and of the commission, West Virginia state community and technical college shall become an independently accredited community and technical college. It should shall serve Kanawha, Putnam and Clay counties. The new community and technical college is developed on the base of the existing component community and technical college of West Virginia state college. Subject to the provisions of this section, the president and the governing board of West Virginia state college are responsible, according to a plan approved by the commission, for step-by-step implementation of the new independently accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to West Virginia state college. Nothing herein shall may be construed to require West Virginia state college to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
  (8) (6) West Virginia university institute of technology. -- Senate Bill No. 653 created an implementation board charged with the responsibility to develop a plan, to be recommended to the commission, for the most effective and efficient method to deliver comprehensive community and technical college education to the citizens and employers of the responsibility areas of Marshall university, West Virginia state college and West Virginia university institute of technology. Pursuant to the recommendation of the implementation board and of the commission, West Virginia university institute of technology community and technical college shall become an independently accredited community and technical college. It should shall serve Fayette, Clay, Kanawha, Raleigh and Nicholas counties. The new community and technical college is developed on the base of the existing component community and technical college of West Virginia university institute of technology. Subject to the provisions of this section, the president and the governing board of West Virginia university institute of technology are responsible, according to a plan approved by the commission, for step-by-step implementation of the new independently accredited community and technical college which adheres to the essential conditions pursuant to section three of this article. Subject to the provisions of section twelve of this article, the community and technical college will remain administratively linked to West Virginia university institute of technology. Nothing herein shall may be construed to require West Virginia university institute of technology to discontinue any associate degree program in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution.
ARTICLE 6. ADVISORY COUNCILS.

§18B-6-4b. Institutional classified employee council.
  
(a) For the purposes of this section the following words have the specified meanings unless the context clearly indicates a different meaning:
__(1) "Council" or "staff council" means the advisory group of classified employees formed on each campus of state institutions of higher education pursuant to subsections (b) and (c) of this section; and
__(2) "State institutions of higher education" means all institutions as defined in section two, article one of this chapter and, additionally, Potomac state college of West Virginia university, West Virginia university at Parkersburg, West Virginia university institute of technology, Robert C. Byrd health sciences Charleston division of West Virginia university, the Marshall university graduate college, New River community and technical college, the higher education policy commission and the West Virginia network for educational telecomputing.
__(b) Effective the first day of April, two thousand three, there is established at each state institution of higher education an institutional classified employees advisory council to be known as the staff council. Current members of staff councils and their officers who have been duly elected shall continue to serve with all the rights, privileges and responsibilities prescribed by this section until the time that members elected as set forth in subsection (c) of this section assume office.
__(1) During the month of April of each odd-numbered year, beginning in the year two thousand three, each president or other administrative head of a state institution of higher education, at the direction of the council, and in accordance with procedures established by the council, shall convene a meeting or otherwise institute a balloting process to elect members of the staff council as follows:
__(A) Two classified employees from the administrative/managerial sector;
__(B) Two classified employees from the professional/nonteaching sector;
__(C) Two classified employees from the paraprofessional sector;
__(D) Two classified employees from the secretarial/clerical sector;
__(E) Two classified employees from the physical plant/maintenance sector; and
__(F) The member who is elected to serve on the advisory council of classified employees pursuant to section four-a of this article. This person shall serve as an ex officio, voting member of the staff council and shall report to the council on meetings of the advisory council and the board of governors.
__(2) Classified employees at Marshall university and West Virginia university may elect five classified employees from each of the five sectors to serve on the staff council.
__(3) Members shall serve a term of two years which term shall begin on the first day of July of each odd-numbered year. Members of the council are eligible to succeed themselves.
__(4) Classified employees shall select one of their members to serve as chair. All classified employees at the institution are eligible to vote for the chair by any method approved by a majority of their members. The chair is eligible to succeed himself or herself.
__(5) The staff council shall meet at least monthly or at the call of the chair. With appropriate notification to the institutional president, the chair may convene staff council meetings for the purpose of sharing information and discussing issues affecting the classified employees or the efficient and effective operations of the institution.
__(6) The president of the institution shall meet at least quarterly with the staff council to discuss matters affecting classified employees.
__(7) The governing board shall meet at least annually with the staff council to discuss matters affecting classified employees and the effective and efficient management of the institution.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-4. Notice to probationary faculty members of retention or nonretention; hearing.

  (a) The president or other administrative head of each state institution of higher education shall give written notice to probationary faculty members concerning their retention or nonretention for the ensuing academic year: (1) Not later than the first day of March for those probationary faculty members who are in their first academic year of service; (2) not later than the fifteenth day of December for those probationary faculty members who are in their second academic year of service; and (3) at least one year before the expiration of an appointment for those probationary faculty members who have been employed two or more years with the institution. Such notice to those probationary faculty members not being retained shall be by certified mail, return receipt requested.
__(b) For any probationary faculty member employed after the effective date of this section, the president or other administrative head of each institution shall give written notice concerning retention or nonretention for the ensuing academic year not later than the first day of March.
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(b) (c) Upon request of If a request is made by the probationary faculty member not retained, the president or other administrative head of the institution shall within ten days, and by certified mail, inform the probationary faculty member by certified mail within ten days of the reasons for nonretention. Any probationary faculty member who desires to appeal the decision shall utilize use the grievance procedure established in article six-a, chapter twenty-nine of this code. If it is concluded that the reasons for nonretention are arbitrary or capricious or without a factual basis, the faculty member shall be retained for the ensuing academic year.
  (c) (d) The term "probationary faculty member" shall be defined according to rules promulgated by the governing boards. The rights herein provided to probationary faculty members by this section are in addition to, and not in lieu of, other rights afforded them by other rules and other provisions of law.
§18B-7-6. Adjunct faculty; part-time and temporary classified employees.

                                            (a) Before the first day of January, one thousand nine hundred ninety-four Each governing board, with the advice and assistance of the faculty senates senate, shall establish a policy pursuant to the provisions of article three-a, chapter twenty-nine-a of this code regarding the role of adjunct faculty at state institutions of higher education and define an appropriate balance between full-time and adjunct faculty members.
                                            (b) Before the first day of January, one thousand nine hundred ninety-four Each governing board, with the advice and assistance of the staff councils council and other groups representing classified employees, shall establish a policy pursuant to the provisions of article three-a, chapter twenty-nine-a of this code regarding the role of part-time classified employees. at state institutions of higher education. Such policy shall discourage the hiring of part-time employees solely to avoid the payment of benefits or in lieu of full-time employees and shall provide all qualified classified employees with nine-month or ten-month contracts with the opportunity to accept part-time or full-time summer employment before new persons are hired for the part-time or full-time employment.
                                            (c) Each governing board shall establish the policies required by this section by the first day of July, two thousand three. The commission shall report to the legislative oversight commission on education accountability by the first day of December, two thousand three, regarding the development and implementation of these policies, including the number of adjunct faculty and part-time employees at each institution and the level of compliance with the policies. In making determinations regarding the development, implementation and compliance with the policies required by this section, the commission shall take into account the special flexibility needs of community and technical colleges and shall allow greater discretion for these institutions to make decisions regarding employing adjunct faculty.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.

§18B-8-3. Faculty salary policies; reductions in salary prohibited; salary increase upon promotion in rank.

                                                    
(a) On or before the first day of July of each year, each faculty member then employed shall be given notice by the appropriate governing board of the placement on the minimum salary schedule which is appropriate to such faculty member's years of experience and to which such individual has been assigned, notwithstanding the actual salary paid under the provisions of this article.
                                                    
(b) Each full-time faculty member employed as of the effective date of this section shall receive for full-time employment at the same academic rank during the academic year one thousand nine hundred ninety-three--ninety-four, and thereafter, a salary which is no less than the salary being paid such faculty member for the academic year one thousand nine hundred ninety-two--ninety-three. No full-time faculty member shall receive a salary which is less than the salary for zero years of experience for the appropriate academic rank as set forth in section two of this article.
                                                    
(c) Effective the first day of July, one thousand nine hundred ninety-three, Subject to appropriation by the Legislature therefor, each full-time faculty member shall receive an annual salary increase of two thousand dollars. The Legislature may by general appropriation, or the secretary of the department of education and the arts may allocate through authority set forth under the provisions of chapter five-f of this code, funds to be distributed for the purpose of accommodating market and equity conditions within the system. Any remaining funds shall be applied in accordance with the provisions of subsection (d) of this section.
                                                    
(d) Funds remaining after meeting the salary of each full-time faculty member in accordance with subsections (b) and (c) of this section shall be used to pay that amount that is the difference between such salary and the appropriate salary for each full-time faculty member's appropriate placement on the schedule. Provided, That such The amount may be reduced proportionately based upon the amount of funds available for such purpose.
                                                    
(a) Each governing board shall establish and maintain a faculty salary policy that is competitive and which furthers the goals of attracting, retaining and rewarding high quality faculty.
____________________________________________________
(e) (b) The salary of any full-time faculty member shall may not be reduced by the provisions of this article.
                                                    (f) (c) Upon promotion in rank, placement on the minimum salary schedule each faculty member shall be such as to provide a receive a salary increase of at least up to ten percent, as determined by the salary policy adopted by the governing board. and shall be at least the amount prescribed for the appropriate academic rank to which promoted at zero years of experience.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
     SYSTEM.
§18B-9-5. Classified employee salary.
  
(a) Commencing with the fiscal year beginning on the first day of July, one thousand nine hundred ninety-eight, and each fiscal year thereafter, each classified employee with three or more years of experience shall receive an annual salary increase equal to fifty dollars times the employee's years of experience. Provided, That the annual salary increase may not exceed the amount granted for the maximum of twenty years of experience These incremental increases are in lieu of any salary increase received pursuant to section two, article five, chapter five of this code; are in addition to any across-the-board, cost-of-living or percentage salary increases which may be granted in any fiscal year by the Legislature; and shall be paid in like manner as the annual payment to eligible state employees of the incremental salary increases based on years of service under the provisions of section two, article five, chapter five of this code.
  
(b) (a) Any classified employee may receive merit increases and salary adjustments in accordance with policies established by the board of governors: Provided, That merit raises may be granted only pursuant to a rule adopted by the board of governors, and approved by the chancellor, which provides a fair and equitable basis for granting merit raises pursuant to regular evaluations based upon reasonable performance standards.
  (c) (b) The current annual salary of any classified employee may not be reduced by the provisions of this article nor by any other action inconsistent with the provisions of this article, and nothing in this article may be construed to prohibit promotion of any classified employee to a job title carrying a higher pay grade if the promotion is in accordance with the provisions of this article and the personnel classification system established by the appropriate governing board.
§18B-9-10. Higher education employees' catastrophic leave bank and leave transfer.

                                            (a) For the purposes of this section, "employee" means:
____________________________________________(1)
A classified or nonclassified employee who is employed by the a higher education governing board or by the central office policy commission; or
____________________________________________(2) A faculty member, as defined in section one, article eight of this chapter, who is eligible to accrue sick leave.
____________________________________________
(a) (b) An employee may donate sick and annual leave to a leave bank established and operated in accordance with the provisions of subsection (c) (d) of this section or directly to another employee in accordance with the provisions of subsection (d) (e) of this section. No employee shall may be compelled to donate sick or annual leave. Any leave donated by an employee pursuant to this section shall be used only for the purpose of catastrophic illness or injury as defined in subsection (b) (c) of this section and shall reduce, to the extent of such donation, the number of days of annual or sick leave to which the employee is entitled.
                                            (b) (c) For the purpose of this section, a catastrophic illness or injury means an illness or injury which is one that is expected to incapacitate the employee and which creates create a financial hardship because the employee has exhausted all sick and annual leave and other paid time off. Catastrophic illness or injury shall also include includes an incapacitated immediate family member as defined by the appropriate a governing board or the policy commission, as appropriate, if this results in the employee being required to take time off from work for an extended period of time to care for the family member and if the employee has exhausted all sick and annual leave and other paid time off.
                                            (c) (d) A leave bank or banks may be established at each state institution of higher education and the central office policy commission to which employees may donate either sick or annual leave. The bank or banks may be established jointly by the central office policy commission and both the governing boards or may be established for the central office policy commission and each of the governing boards, or may be established for the central office and each institution of higher education under either governing board. Sick or annual leave may be deposited in the leave bank, and such deposit shall be reflected as a day-for-day deduction from the sick or annual leave balance of the depositing employee.
                                            Such deposited Donated leave may be withdrawn by any employee experiencing a catastrophic illness or injury as those terms are defined in subsection (b) (c) of this section when the following conditions are met:
____________________________________________
(1) upon appropriate verification The president of the institution or the chancellor of the policy commission, as appropriate, verifies that the employee is unable to work due to the catastrophic illness or injury as determined by the president of the institution or senior administrator; and
____________________________________________
(2) approval of the withdrawal by The president of the institution or senior administrator the chancellor, as appropriate, approves the withdrawal and provides written notice to the personnel office.
                                            The withdrawal shall be reflected as a day-for-day addition to the leave balance of the withdrawing employee.
                                            (d) (e) Sick or annual leave may be donated to any employee experiencing a catastrophic illness or injury as those terms are defined in subsection (b) (c) of this section. Such leave shall be donated at the request of the employee upon after appropriate verification that the employee is unable to work due to the catastrophic illness or injury as determined by the president of the institution or senior administrator the chancellor. Upon approval of the When transfer of sick or annual leave is approved by the president of the institution or senior administrator the chancellor, any employee may, upon written notice to the personnel office, donate sick or annual leave in one-day increments by providing written notice to the personnel office. Donations shall be reflected as a day-for-day deduction from the sick or annual leave balance of the donating employee. An employee receiving the transfer of donated sick or annual leave shall have any time which is donated credited to such employee's his or her account in one-day increments and reflected as a day-for-day addition to the leave balance of the receiving employee.
                                            (e) (f) Use of donated credits may not exceed a maximum of twelve continuous calendar months for any one catastrophic illness or injury. The total amount of sick or annual leave withdrawn or received may not exceed an amount sufficient to ensure the continuance of regular compensation and shall may not be used to extend insurance coverage pursuant to section thirteen, article sixteen, chapter five of this code. An employee withdrawing or receiving donations of sick or annual leave pursuant to this section shall use any leave personally accrued on a monthly basis prior to receiving additional donated sick or annual leave.
                                            (f) (g) Transfer of Donated sick or annual leave deposited in an institutional leave bank or transferred under subsection (c) (d) of this section may be inter-institutional in accordance with the policies of the appropriate governing board. Each institution and the central office shall be policy commission is responsible for the administration of the sick or annual leave deposits, withdrawals and transfers of its employees. Rules implementing the provisions of this section may be adopted jointly or separately by the governing boards and the policy commission in accordance with article three-a, chapter twenty-nine-a of this code.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
     OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education institutions; refund of fees.

  (a) Each governing board shall fix tuition and other fees for each school term for the different classes or categories of students enrolling at each state institution of higher education under its jurisdiction and may include among such fees any one or more of the following:
  (1) Health service fees;
  (2) Infirmary fees;
  (3) Student activities, recreational, athletic and extracurricular fees, which fees may be used to finance a students' attorney to perform legal services for students in civil matters at such institutions. Provided, That Such legal services shall be limited only to are limited to only those types of cases, programs or services approved by the administrative head of such the institution where such the legal services are to be performed; and
  (4) Graduate center fees and branch college fees, or either, if the establishment and operations of graduate centers or branch colleges are otherwise authorized by law.
  (b) All fees collected at any graduate center or at any branch college shall be paid into special funds and shall be used solely for the maintenance and operation of the graduate center or branch college at which they were collected: Provided, That The commission shall set tuition and fee goals for residents at each institution after examining tuition and fees at the institutions' peers.: Provided, however, That, effective the first day of July, two thousand one, Tuition and fees for nonresident, undergraduate students shall, at a minimum, cover actual instructional costs as determined in accordance with commission policy.: Provided further, That Students enrolled in undergraduate courses offered at off-campus locations shall pay an off-campus instruction fee and shall not may not be required to pay the athletic fee and the student activity fee.
  (c) The off-campus instruction fee shall be used solely for the support of off-campus courses offered by the institution. Off-campus locations for each institution shall be defined by the appropriate governing board. The schedule of all fees, and any changes therein, shall be entered in the minutes of the meeting of the appropriate governing board, and the board shall file with the legislative auditor a certified copy of such schedule and changes.
  (d) In addition to the fees mentioned in the preceding paragraph, each governing board may impose and collect a student union building fee. All such building fees collected at an institution shall be paid into a special student union building fund for such institution, which is hereby created in the state treasury., and Pursuant to the provisions of section ten of this article, the fees shall be used only for the following purposes:   (1) The construction, operation and maintenance of a student union building or a combination student union and dining hall building; or for
  
(2) The payment of the principal of and interest on any bond issued to finance part or all of the construction of a student union building or a combination student union and dining hall building; or
  (3) The renovation of an existing structure for use as a student union building or a combination student union and dining hall building, all as more fully provided in section ten of this article.
  Any moneys in such funds not needed immediately for such purposes may be invested in any such bonds or other securities as are now or hereafter authorized as proper investments for state funds.
  (e) The boards shall establish the rates to be charged full-time students enrolled during a regular academic term.
  (1) For fee purposes, a full-time undergraduate student is one enrolled for twelve or more credit hours in a regular term, and a full-time graduate student is one enrolled for nine or more credit hours in a regular term.
  (2) Undergraduate students taking fewer than twelve credit hours in a regular term shall have their fees reduced pro rata based upon one twelfth of the full-time rate per credit hour, and graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one ninth of the full-time rate per credit hour.
  (3) Fees for students enrolled in summer terms or other nontraditional time periods shall be prorated based upon the number of credit hours for which the student enrolls in accordance with the above provisions.
  (f) All fees are due and payable by the student upon enrollment and registration for classes except as provided for in this subsection:
  (1) The governing boards shall permit fee payments to be made in up to three installments over the course of the academic term. Provided, That all fees must All fees shall be paid prior to the awarding of course credit at the end of the academic term.
  (2) The governing boards also shall authorize the acceptance of credit cards or other payment methods which may be generally available to students for the payment of fees. Provided, That The governing boards may charge the students for the reasonable and customary charges incurred in accepting credit cards and other methods of payment.
  (3) If a governing board determines that the finances of any student were a student's finances are affected adversely by a legal work stoppage, that commenced on or after the first day of January, one thousand nine hundred ninety-three it may allow the student an additional six months to pay the fees for any academic term. Provided, That The governing board shall determine on a case-by-case basis if the finances of a student were are affected adversely.
  (g) On or before the first day of July, two thousand one, the chancellor for higher education shall review policy series twenty-two of the governing boards, related to assessment, payment and refund of fees and determine whether a new rule should be adopted regarding the refund of any fees upon the voluntary or involuntary withdrawal from classes of any student. The rules The rule related to assessment, payment and refund of fees, including refund of fees upon voluntary or involuntary withdrawal from classes, shall comply with all applicable state and federal laws and shall be uniformly applied throughout the system.
  (h) In addition to the other fees mentioned in the preceding subsections provided in this section, each governing board may impose, collect and distribute a fee to be used to finance a nonprofit, student-controlled public interest research group Provided, That if the students at such the institution demonstrate support for the increased fee in a manner and method established by that institution's elected student government. Provided, however, That such fees shall The fee may not be used to finance litigation against the institution.
  (i) Any proposed fee increase which would become effective during the transition year beginning on the first day of July, two thousand, and ending on the thirtieth day of June, two thousand one, and which has been approved by the governing board, shall then be submitted by the governing board to the secretary for education and the arts for approval. Such approval shall be granted only upon the certification that such institution requesting a fee increase is in compliance with the strategic plans required to be submitted, pursuant to section one-b, article one of this chapter. Notice, in the form of a report, shall be provided by the chancellor to the legislative oversight commission on education accountability describing such fee increases and showing how such increases compare with the average tuition and fees charged at comparable peer institutions in member states of the southern regional education board.
  
(j) Effective the first day of July, two thousand one, tuition and fees rates shall be determined in accordance with subsections (k), (l) and (m) of this section.
  
(k) Effective the first day of July, two thousand one, Institutions shall retain tuition and fee revenues not pledged for bonded indebtedness or other purposes in accordance with a revised tuition policy adopted by the respective governing boards and approved by the commission. The revised tuition policy shall:
  (1) Provide a basis for establishing nonresident tuition and fees;
  (2) Allow institutions to charge different tuition and fees for different programs; and.
__(3) Provide that a board of governors may propose to the commission a mandatory auxiliary fee under the following conditions:
__(A) The fee shall be approved by the commission and either the students at the institution or the Legislature before becoming effective.
__(B) Increases may not exceed previous state subsidies by more than ten percent.
__(C) The fee may be used only to replace existing state funds subsidizing auxiliary services such as athletics or bookstores.
__(D) If the fee is approved, the amount of the state subsidy shall be reduced annually by the amount of money generated for the institution by the fees and that amount shall be returned to general revenue. All state subsidies for the auxiliary services shall cease five years from the date the mandatory auxiliary fee was implemented.
__(E) The commission shall certify to the Legislature by the first day of October in the fiscal year following implementation of the fee and, annually thereafter, the amount of fees collected for each of the five years.
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(3) (4) Establish methodology, where applicable, to ensure that, within the appropriate time period under the compact, community and technical college tuition rates for community and technical college students in all independently accredited community and technical colleges will be commensurate with the tuition and fees charged by their peer institutions.
  (l) No penalty shall (j) A penalty may not be imposed by the commission upon any institution based upon the number of nonresidents who attend the institution unless the commission determines that admission of nonresidents to any institution or program of study within the institution is impeding unreasonably the ability of the resident students to attend the institution or participate in the programs of the institution. The institutions shall report annually to the commission on the numbers of out-of-state residents nonresidents and such other enrollment information as the commission may request.
  (m) (k) Tuition and fee increases of the governing boards are subject to rules adopted by the commission pursuant to subsection (a), section four, article one-b of this chapter.
  (1) A governing board may propose tuition and fee increases of up to nine and one-half percent for undergraduate resident students for any fiscal year except that proposed tuition and fees increases for community and technical colleges may be up to four and three quarters percent. Any proposed increase shall be approved by the commission. The commission shall examine individually each request from a governing board for an increase. Approval for any increase shall be based on a determination by the commission that the institution has met the following conditions:
__(A) Has maximized resources available through nonresident tuition and fee charges to the satisfaction of the commission;
__(B) Is consistently achieving the benchmarks established in the compact of the institution pursuant to the provisions of article one-a of this chapter;
__(C) Is continuously pursuing the statewide goals for post- secondary education and the statewide compact established in articles one and one-a of this chapter;
__(D) Is implementing the efficiency measures required by section nine, article five of this chapter;
__(E) Has demonstrated to the satisfaction of the commission that an increase will be used to maintain high-quality programs at the institution;
__(F) Has demonstrated to the satisfaction of the commission that the institution is making adequate progress toward achieving the goals for education established by the southern regional education board; and
__(G) To the extent authorized, will increase by up to five percent the available tuition and fee waivers provided by the institution. The increased waivers may not be used for athletics.
__(2) In making a determination on tuition and fee proposals, the commission also may take into consideration whether the per capita income in an institution's service region exceeds the state per capita income. For the purposes of this subdivision only:
__(A) Service region is the county in which the main campus of the institution is located and the contiguous West Virginia counties; and
__(B) Per capita income for the service region shall be computed using the most current annual, county-level per capita income data published by the United States department of commerce, bureau of economic analysis, weighted by the compatible year population estimates published by the United States census bureau.
__(3) This section may not be construed to require equal increases among institutions or to require any level of increase at an institution.
__(4) The commission shall report to the legislative oversight commission on education accountability regarding the basis for each approval or denial as determined using the criteria established in subdivision (1) of this subsection.

§18B-10-14. Bookstores.

        The appropriate governing board of each state institution of higher education shall have the authority to establish and operate a bookstore at the institution. The bookstore shall be operated for the use of the institution itself, including each of its schools and departments, in making purchases of books, stationery and other school and office supplies generally carried in college stores, and for the benefit of students and faculty members in purchasing such products for their own use, but no sales shall be made to the general public. The prices to be charged the institution, the students and the faculty for such products shall be fixed by the governing board, shall not be less than the prices fixed by any fair trade agreements, and shall in all cases include in addition to the purchase price paid by the bookstore a sufficient handling charge to cover all expenses incurred for personal and other services, supplies and equipment, storage, and other operating expenses, to the end that the prices charged shall be commensurate with the total cost to the state of operating the bookstore.

                                                    Each governing board shall also ensure that bookstores operated at institutions under its jurisdiction meet the additional objective of minimizing the costs to students of purchasing textbooks by adopting policies which may require the repurchase and resale of textbooks on an institutional or a statewide basis and provide for the use of certain basic textbooks for a reasonable number of years.
                                                    All moneys derived from the operation of the store shall be paid into a special revenue fund as provided in section two, article two, chapter twelve of this code. Each governing board shall, subject to the approval of the governor, fix, and, from time to time, change the amount of the revolving fund necessary for the proper and efficient operation of each bookstore.
                                                    Moneys derived from the operation of the bookstore shall be used first to replenish the stock of goods and to pay the costs of operating and maintaining the store. From any balance in the Marshall university bookstore fund not needed for operation and maintenance and replenishing the stock of goods, the governing board of that institution shall have authority to expend a sum not to exceed two hundred thousand dollars for the construction of quarters to house the bookstore in the university center at Marshall university. Until such quarters for housing the bookstore are completed, the governing board of Marshall university and the governor shall take this authorization into account in fixing the amount of the revolving fund for the Marshall university bookstore. Notwithstanding any other provision of this section, any institution that has contracted with a private entity for bookstore operation shall deposit into an appropriate account all revenue generated by the operation and enuring to the benefit of the institution. The institution shall use the funds for nonathletic scholarships.
ARTICLE 14. MISCELLANEOUS.

§18B-14-11. Health insurance coverage option study.

                                            
________(a) Together, the commission and the public employees insurance agency shall submit to the legislative oversight commission on education accountability by the first day of December, two thousand three, draft legislation regarding benefits offered by the agency.
____________________________________________________(b) The draft legislation shall provide:
____________________________________________________(1) Incentives for employees insured by the agency to decline benefits from the agency. Incentives may include:
____________________________________________________(A) Optional purchase of supplemental benefits;
____________________________________________________(B) Payment of a percentage of the savings realized by the employer due to cancellation of insurance coverage for the employee; and
____________________________________________________(C) Any other incentive determined appropriate by the agency and commission;
____________________________________________________(2) A requirement that a public employee may decline benefits from the agency only if that employee verifies that he or she has health insurance coverage by an alternate provider;
____________________________________________________(3) A procedure for verifying the alternate coverage required by subdivision (2) of this subsection at least annually; and
____________________________________________________(4) A procedure whereby an employee who has declined coverage pursuant to this section will be reinstated automatically in the agency's program immediately following loss of the alternate coverage.

     On motion of Senator Plymale, the following amendment to the Finance committee amendment to the bill, reported by the Clerk and adopted:
     On page thirty-seven, section eight, after line fifteen, by inserting the following:
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-3. Authority to contract for programs, services and           facilities.
  The governing boards and the commission are authorized and empowered to enter into contracts and expend funds for programs, services and facilities provided by public and private education institutions, associations, boards, agencies, consortia, corporations, partnerships, individuals and local, state and federal governmental bodies within and outside of West Virginia in order that maximum higher education opportunities of high quality may be provided to the citizens of the state in the most economical manner.: Provided, That In no event may a contract for such services and facilities be entered into unless the commission or the governing boards have determined that such services and facilities are necessary and that such services and facilities would be at a savings to the state.
  Notwithstanding the provisions of this section, nothing herein contained shall supersede the responsibility and respective duties of the secretary of administration and the director of the purchasing division of such department for the execution and approval of the contracts entered into under this article and such contracts shall be in complete conformity with the provisions of articles three and five, chapter five-a of this code.
§18B-5-4. Purchase or acquisition of materials, supplies, equipment, services and printing.

  (a) The commission and each governing board, through the vice chancellor for administration, shall purchase or acquire all materials, supplies, equipment, services and printing required for that governing board or the commission, as appropriate, and the state institutions of higher education under their jurisdiction. The commission shall adopt rules governing and controlling acquisitions and purchases in accordance with the provisions of this section. Such The rules shall assure that the commission and the governing boards:
  (1) Do not preclude any person from participating and making sales thereof to the governing board or to the commission except as otherwise provided in section five of this article.: Provided, That the providing Provision of consultant services such as strategic planning services will not preclude or inhibit the governing boards or the commission from considering any qualified bid or response for delivery of a product or a commodity because of the rendering of those consultant services;
  (2) Shall Establish and prescribe specifications, in all proper cases, for materials, supplies, equipment, services and printing to be purchased; and
  (3) Shall Adopt and prescribe such purchase order, requisition or other forms as may be required;
  (4) Shall Negotiate for and make purchases and acquisitions in such quantities, at such times and under contract, in the open market or through other accepted methods of governmental purchasing as may be practicable in accordance with general law;
  (5) Shall Advertise for bids on all purchases exceeding twenty-five thousand dollars, to purchase by means of sealed bids and competitive bidding or to effect advantageous purchases through other accepted governmental methods and practices;: Provided, That for printing services, bids shall be advertised by written notification of such bids to any print shop, affiliated with an institution of higher education and operated by classified employees, on all purchases exceeding five thousand dollars;
  (6) Shall Post notices of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of the specified institution involved in the purchase, at least two weeks prior to making such purchases and ensure that the notice is available to the public during business hours;
  (7) Shall Provide for purchasing in the open market;
  (8) Shall Make provision for vendor notification of bid solicitation and emergency purchasing; and
  (9) Shall Provide that competitive bids are not required for purchases of five thousand dollars or less.
  (b) The commission or each governing board, through the vice chancellor for administration, may issue a check in advance to a company supplying postage meters for postage used by that board, the commission and by the state institutions of higher education under their jurisdiction.
  (c) When a purchase is to be made by bid, any or all bids may be rejected. However, all purchases based on advertised bid requests shall be awarded to the lowest responsible bidder taking into consideration the qualities of the articles to be supplied, their conformity with specifications, their suitability to the requirements of the governing boards, the commission and delivery terms.: Provided, That The preference for resident vendors as provided in section thirty-seven, article three, chapter five-a of this code shall apply to the competitive bids made pursuant to this section.
  (d) The governing boards and the commission shall maintain a purchase file, which shall be a public record and open for public inspection. After the award of the order or contract, the governing boards and the commission shall indicate upon the successful bid that it was the successful bid and shall further indicate why bids are rejected and, if the mathematical low vendor is not awarded the order or contract, the reason therefor. No records in the purchase file shall may be destroyed without the written consent of the legislative auditor. Those files in which the original documentation has been held for at least one year and in which the original documents have been reproduced and archived on microfilm or other equivalent method of duplication may be destroyed without the written consent of the legislative auditor. All files, no matter the storage method, shall be open for inspection by the legislative auditor upon request.
  (e) The commission also shall adopt rules to prescribe qualifications to be met by any person who is to be employed as a buyer pursuant to this section. These rules shall require that no person may be employed as a buyer unless that person, at the time of employment, either is:
  (1) A graduate of an accredited college or university; or
  (2) Has at least four years' experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.
  (f) Any person making purchases and acquisitions pursuant to this section shall execute a bond in the penalty of fifty thousand dollars, payable to the state of West Virginia, with a corporate bonding or surety company authorized to do business in this state as surety thereon, in form prescribed by the attorney general and conditioned upon the faithful performance of all duties in accordance with sections four through eight of this article and the rules of the interim governing board and the commission. In lieu of separate bonds for such buyers, a blanket surety bond may be obtained. Any such bond or bonds shall be filed with the secretary of state. The cost of any such bond or bonds shall be paid from funds appropriated to the applicable governing board or commission.
  (g) All purchases and acquisitions shall be made in consideration and within limits of available appropriations and funds and in accordance with applicable provisions of article two, chapter five-a of this code, relating to expenditure schedules and quarterly allotments of funds.
  (h) The governing boards and the commission may make requisitions upon the auditor for a sum to be known as an advance allowance account, in no case to exceed five percent of the total of the appropriations for the governing board or the commission, and the auditor shall draw a warrant upon the treasurer for such accounts.; and all such All advance allowance accounts shall be accounted for by the applicable governing board or commission once every thirty days or more often if required by the state auditor.
  (i) Contracts entered into pursuant to this section shall be signed by the applicable governing board or the commission in the name of the state and shall be approved as to form by the attorney general.: Provided, That A contract in which requires approval as to form by the attorney general the total does not exceed five thousand dollars and for which the attorney general has not responded within fifteen days of presentation of the contract, the contract shall be deemed considered approved.: Provided, however, That A contract or a change order for that contract and notwithstanding any other provision of this code to the contrary, associated documents such as performance and labor/material payments, bonds and certificates of insurance which in total does not exceed fifty thousand dollars and which uses use terms and conditions or standardized forms previously approved by the attorney general and does do not make substantive changes in the terms and conditions of the contract does do not require approval by the attorney general.: Provided further, That The attorney general shall make a list of those changes which he or she deems to be substantive and the list, and any changes thereto, shall be published in the state register. A contract that exceeds fifteen thousand dollars shall be filed with the state auditor.: And provided further, That upon request If requested to do so, the governing boards or the commission shall make all contracts available for inspection by the state auditor. The governing board or the commission, as appropriate, shall prescribe the amount of deposit or bond to be submitted with a bid or contract, if any, and the amount of deposit or bond to be given for the faithful performance of a contract.
  (j) If the governing board or the commission purchases or contracts for materials, supplies, equipment, services and printing contrary to the provisions of sections four through seven of this article or the rules pursuant thereto, such purchase or contract shall be void and of no effect.
  (k) Any governing board or the commission, as appropriate, may request the director of purchases to make available, from time to time, the facilities and services of that department to the governing boards or the commission in the purchase and acquisition of materials, supplies, equipment, services and printing and the director of purchases shall cooperate with that governing board or the commission, as appropriate, in all such purchases and acquisitions upon such request.
  (l) Each governing board or the commission, as appropriate, shall permit private institutions of higher education to join as purchasers on purchase contracts for materials, supplies, services and equipment entered into by that governing board or the commission. Any private school desiring to join as purchasers on such purchase contracts shall file with that governing board or the commission an affidavit signed by the president of the institution of higher education or a designee requesting that it be authorized to join as purchaser on purchase contracts of that governing board or the commission, as appropriate., and agreeing that it will be The private school shall agree that it is bound by such terms and conditions as that governing board or the commission may prescribe and that it will be responsible for payment directly to the vendor under each purchase contract.
  (m) Notwithstanding any other provision of this code to the contrary, the governing boards and the commission, as appropriate, may make purchases from cooperative buying groups, consortia, the federal government or from federal government contracts if the materials, supplies, services, equipment or printing to be purchased is available from cooperative buying groups, consortia, the federal government or from a federal contract and purchasing from the cooperative buying groups, consortia, federal government or from a federal government contract would be the most financially advantageous manner of making the purchase.
  (n) An independent performance audit of all purchasing functions and duties which are performed at any institution of higher education shall be performed each fiscal year. The joint committee on government and finance shall conduct the performance audit and the governing boards and the commission, as appropriate, shall be responsible for paying the cost of the audit from funds appropriated to the governing boards or the commission.
  (o) The governing boards shall require each institution under their respective jurisdictions to notify and inform every vendor doing business with that institution of the provisions of section fifty-four, article three, chapter five-a of this code, also known as the "prompt pay act of 1990".
  (p) Consultant services, such as strategic planning services, may not preclude or inhibit the governing boards or the commission from considering any qualified bid or response for delivery of a product or a commodity because of the rendering of those consultant services.
  (q) After the commission has granted approval for lease-purchase arrangements by the governing boards, a governing board may enter into lease-purchase arrangements for capital improvements, including equipment. Any lease-purchase arrangement so entered shall constitute a special obligation of the state of West Virginia. The obligation under a lease-purchase arrangement so entered may be from any funds legally available to the institution and must be cancelable at the option of the governing board or institution at the end of any fiscal year. The obligation, any assignment or securitization thereof, shall never constitute an indebtedness of the state of West Virginia or any department, agency or political subdivision thereof, within the meaning of any constitutional provision or statutory limitation, and shall may not be a charge against the general credit or taxing powers of the state or any political subdivision thereof; and such facts shall be plainly stated in any lease-purchase agreement. Further, the lease-purchase agreement shall prohibit assignment or securitization without consent of the lessee and the approval of the attorney general of West Virginia. Proposals for any arrangement must be requested in accordance with the requirements of this section and any rules or guidelines of the commission. In addition, any lease-purchase agreement which exceeds one hundred thousand dollars total must shall be approved by the attorney general of West Virginia. The interest component of any lease- purchase obligation shall be exempt from all taxation of the state of West Virginia, except inheritance, estate and transfer taxes. It is the intent of the Legislature that if the requirements set forth in the internal revenue code of one thousand nine hundred eighty-six, as amended, and any regulations promulgated pursuant thereto are met, the interest component of any lease-purchase obligation also shall be exempt from the gross income of the recipient for purposes of federal income taxation and may be designated by the governing board or the president of the institution as a bank-qualified obligation.
  (r) Notwithstanding any other provision of this code to the contrary, the commission and the governing boards have the authority, in the name of the state, to lease, or offer to lease, as lessee, any grounds, buildings, office or other space in accordance with this paragraph and as provided below:
__(1) The commission and the governing boards have sole authority to select and to acquire by contract or lease all grounds, buildings, office space or other space, the rental of which is necessarily required by the commission or governing boards for the institutions under their jurisdiction. The chief executive officer of the commission or an institution shall certify the following:
__(A) That the grounds, buildings, office space or other space requested is necessarily required for the proper function of the commission or institution;
__(B) That the commission or institution will be responsible for all rent and other necessary payments in connection with the contract or lease; and
__(C) That satisfactory grounds, buildings, office space or other space is not available on grounds and in buildings now owned or leased by the commission or the institution.
__Before executing any rental contract or lease, the commission or a governing board shall determine the fair rental value for the rental of the requested grounds, buildings, office space or other space, in the condition in which they exist, and shall contract for or lease the premises at a price not to exceed the fair rental value.
__
(2) The commission and the governing boards are authorized to enter into long-term agreements for buildings, land and space for periods longer than one fiscal year, but not to exceed forty years. Any purchases of real estate, any lease-purchase agreement and any construction of new buildings or other acquisition of buildings, office space or grounds resulting therefrom, pursuant to the provisions of this subsection shall be presented by the policy commission to the joint committee on government and finance for prior review. Any such lease shall contain, in substance, all the following provisions:
__(A) That the commission or the governing board, as lessee, have the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days' written notice to the lessor at least thirty days prior to the last day of the succeeding month;
__(B) That the lease shall be considered canceled without further obligation on the part of the lessee if the Legislature or the federal government fails to appropriate sufficient funds therefor or otherwise acts to impair the lease or cause it to be canceled; and
__(C) That the lease shall be considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the commission or the governing board before the end of the then-current fiscal year.
__(3) The commission or an institution which is granted any grounds, buildings, office space or other space leased in accordance with this section may not order or make permanent changes of any type thereto, unless the commission or the governing board, as appropriate, has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution.  For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing which cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution.
__(4) Leases and other instruments for grounds, buildings, office or other space, once approved by the commission or governing board, may be signed by the chief executive officer of the commission or the institution. Any lease or instrument exceeding one hundred thousand dollars annually shall be approved as to form by the attorney general. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the state auditor.
__(5) The commission may promulgate rules it considers necessary to carry out the provisions of this section.
§18B-5-5. Prequalification disclosure by vendors; register of   vendors; exceptions; suspension of vendors.
  (a) Every person, firm or corporation selling or offering to sell to the commission or the governing boards, upon competitive bids or otherwise, any materials, equipment, services or supplies in excess of fifteen twenty-five thousand dollars:
  (1) Shall comply with all of the provisions of section twelve, article three, chapter five-a of this code; and
  
(2) Shall file with the director of the purchasing division of the state of West Virginia the affidavit required herein:; and Provided, That every such person, firm or corporation who is   (3) If presently in compliance with said section may not be required to requalify thereunder to be able to transact business with the commission or the governing boards.
  (b) Any person, firm or corporation failing or refusing to comply with said statute as herein required shall be ineligible to sell or offer to sell commodities materials, supplies, equipment, services or printing to the commission or the governing boards as hereinafter set forth.: Provided, That Any person suspended under the provisions of section thirty-nine thirty-two, article three, chapter five-a of this code shall is not be eligible to sell or offer to sell commodities materials, supplies, equipment, services or printing to the commission or the governing boards.: Provided, however, That The commission or the governing boards shall have the power and authority to may suspend, for a period not to exceed one year, the right and privilege of a person to bid on purchases of the commission or the governing boards when there is reason to believe that such person has violated any of the provisions in sections four through seven of this article or the rules of the governing boards pursuant thereto. Every Any person whose right to bid has been so suspended shall be notified thereof by a letter posted by registered mail containing the reason for such the suspension and shall have has the right to have the appropriate action of the commission or the governing board's board, as applicable, action reviewed in accordance with section forty thirty-three, article three, chapter five-a of this code.: Provided further, That A vendor who has been debarred pursuant to the provisions of sections thirty-three-a through thirty-three-f, article three, chapter five-a of this code, may not bid on or be awarded a contract under this section.
§18B-5-6. Other code provisions relating to purchasing not
     controlling; exceptions; criminal provisions and penalties;      financial interest of governing boards, etc.; receiving      anything of value from interested party and penalties        therefor; application of bribery statute.
     The provisions of article three, chapter five-a of this code shall do not control or govern the purchase, acquisition or other disposition of any equipment, materials, supplies, services or printing by the commission or the governing boards, except as provided in sections four through seven of this article.: Provided, That Sections twenty-nine, thirty and thirty-one, article three, chapter five-a of this code shall apply to all purchasing activities of the commission and the governing boards.
     Neither the commission, the governing boards, nor any employee of the commission or governing boards, shall may be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any equipment, materials, supplies, services or printing, nor in any firm, partnership, corporation or association furnishing them, except as may be authorized by the provisions of chapter six-b of this code. Neither the commission, the governing boards nor any employee of said the commission or governing boards shall may accept or receive directly or indirectly from any person, firm or corporation, known by the commission, governing boards or such employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever or any promise, obligation or contract for future reward or compensation, except as may be authorized by the provisions of chapter six-b of this code.
     A person who violates any of the provisions of this section shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in jail not less than three months nor more than one year, or fined not less than fifty nor more than one thousand dollars, or both imprisoned and fined, in the discretion of the court.: Provided, That Any person who violates any of such provisions of this section by receiving money or other thing of value under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in section nine of said article.
§18B-5-7. Disposition of obsolete and unusable equipment, surplus
     supplies and other unneeded materials.
     
(a) The commission and the governing boards shall dispose of obsolete and unusable equipment, surplus supplies and other unneeded materials, either by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise. The commission and each governing boards board shall adopt rules governing and controlling the disposition of all such equipment, supplies and materials. At least ten days prior to the disposition, the commission or the governing boards, as applicable, shall advertise, by newspaper publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, in the county in which the equipment, supplies and materials are located the availability or sales of such disposable equipment, supplies and materials. and The commission or governing boards, as applicable, may sell the disposable equipment, supplies and materials, in whole or in part, at public auction or by sealed bid, or may transfer, exchange or trade the same to other governmental agencies or institutions (if by transfer, exchange or trade, then without advertising), in whole or in part, as sound business practices may warrant under existing circumstances and conditions.
     (b) The commission or governing board, as appropriate, shall report semiannually
to the legislative auditor, all sales of commodities made during the preceding six months. The report shall include a description of the commodities sold, the name of the buyer to whom each commodity was sold , and the price paid by the buyer.
_____(c) The proceeds of sales or transfers shall be deposited in the state treasury to the credit on a pro rata basis of the fund or funds from which the purchase of the particular commodities or expendable commodities was made. The commission or governing board, as appropriate, may charge and assess fees reasonably related to the costs of care and handling with respect to the transfer, warehousing, sale and distribution of state property that is disposed of or sold pursuant to the provisions of this section.
§18B-5-9. Higher education fiscal responsibility.
     (a) The commission shall ensure the fiscal integrity of any electronic process conducted at its offices or at any institution using best business and management practices.
     (b) The commission shall implement a process whereby, to the maximum extent practicable, employees of the commission and any state institution of higher education receive their wages via electronic transfer or direct deposit.
     (c) Notwithstanding the provisions of section ten-a, article three, chapter twelve of this code, the amount of any purchase made with a purchasing card used by the commission or an institution may not exceed five thousand dollars. Subject to approval of the purchasing division of the department of administration, any routine, regularly-scheduled payment, including, but not limited to, utility payments and real property rental fees may exceed this amount limit. The commission or an institution may use a purchasing card for travel expenses directly related to the job duties of the traveling employee. Traveling expenses may include registration fees and airline and other transportation reservations, if approved by the administrative head of the institution, but may not include fuel. The commission and each institution shall maintain one purchase card for use only in and for situations declared an emergency by the president of the institution and approved by the chancellor. Such emergencies may include, but are not limited to, partial or total destruction of a campus facility; loss of a critical component of utility infrastructure; heating, ventilation, or air conditioning failure in an essential academic building; loss of campus road, parking lot or campus entrance; or a local, regional, or national emergency situation that has a direct impact on the campus.
     (d) Notwithstanding the provisions of section ten-f, article three, chapter twelve of this code, by the thirtieth day of June, two thousand four, the auditor shall accept any receiving report submitted in a format utilizing electronic media.
     (e) The Legislature finds that an emergency exists, and, therefore, by the first day of July, two thousand three, the commission shall file an emergency legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code. The rule shall provide for institutions individually or cooperatively to maximize their use of any of the following purchasing practices that are determined to provide a financial advantage:
     (1) Bulk purchasing;
     (2) Reverse bidding;
     (3) Electronic marketplaces; and
     (4) Electronic remitting.
     (f) Each institution shall establish a consortium with at least one other institution in the most cost-efficient manner feasible, to consolidate the following operations and student services:
     (1) Payroll operations;
     (2) Human resources operations;
     (3) Warehousing operations;
     (4) Financial transactions;
     (5) Student financial aid application, processing and disbursement;
     (6) Standard and bulk purchasing; and
     (7) Any other operation or service appropriate for consolidation as determined by the commission.
     (g) An institution may charge a fee to each institution for which it provides a service or performs an operation. The fee rate shall be in the best interest of both the institution being served and the providing institution, as approved by the commission.
     (h) Any community and technical college, college and university may provide the services authorized by this section for the benefit of any governmental body or public or private institution.
     (i) Commencing with the two thousand four fall academic term, each institution shall reduce its number of low-enrollment sections of introductory courses. To the maximum extent practicable, institutions shall use distance learning to consolidate the course sections. The commission shall report the progress of the reduction to the legislative oversight commission on education accountability by the first day of December, two thousand four.
     (j) An institution shall use its natural resources and alternative fuel resources to the maximum extent feasible. The institution may supply the resources for its own use and for use by any other institution. The institution may supply the resources to the general public at fair market value. An institution shall maximize all federal or grant funds available for research regarding alternative energy sources, and may develop research parks to further the purpose of this section and to expand the economic development opportunities in the state.
     (k) Any cost-savings realized or fee procured or retained by an institution pursuant to implementation of the provisions of this section shall be retained by the institution.
     (l) In assuring the fiscal integrity of processes implemented under this section, at a minimum, the commission has the following responsibilities:
     (1) To conduct a performance audit of the policies, procedures and results of the procurement of goods and services by the state institutions of higher education;
     (2) To make progress reports on the implementation of this section to the legislative oversight commission on education accountability throughout the two thousand three interim meetings period;
     (3) To make a comprehensive report to the legislative oversight commission on education accountability by the first day of December, two thousand three, on the results of the performance audit, together with any recommendations for additional actions that might be taken to improve the efficiency, effectiveness and economy of the administrative operations of the state institutions of higher education and the commission.
     (m) The commission shall report annually to the legislative oversight commission on education accountability regarding any savings achieved by implementing the provisions of this section.

     On motion of Senator Plymale, the following amendment to the Finance committee amendment to the bill was next reported by the Clerk and adopted:
     On pages two and three, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That section two, article eight, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section one, article five, chapter five of said code be amended and reenacted; that section two, article one, chapter eighteen-b of said code be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections eight and ten; that section three, article one- a of said chapter be amended and reenacted; that section six, article one-b of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section ten; that sections three, four and eight, article three-c of said chapter be amended and reenacted; that
sections three, four, five, six and seven, article five of said chapter be amended and reenacted; the said article be further amended by adding thereto a new section, designated section nine; that article six of said chapter be amended by adding thereto a new section, designated section four-b; that sections four and six, article seven of said chapter be amended and reenacted; that section three, article eight of said chapter be amended and reenacted; that sections five and ten, article nine of said chapter be amended and reenacted; that sections one and fourteen, article ten of said chapter be amended and reenacted; and that article fourteen of said chapter be amended by adding thereto a new section, designated section eleven, all to read as follows:.
     The question now being on the adoption of the Finance committee amendment to the bill, as amended, the same was put and prevailed.
     The bill (Eng. H. B. No. 2224), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2224) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Caldwell, Fanning and Guills--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2224) passed.
     At the request of Senator Helmick, as chair of the Committee on Finance, the unreported Finance committee amendment to the title of the bill was withdrawn.
     On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On pages
one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 2224--A Bill to repeal section two, article eight, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article five, chapter five of said code; to amend and reenact section two, article one, chapter eighteen-b of said code; to further amend said article by adding thereto two new sections, designated sections eight and ten; to amend and reenact section three, article one-a of said chapter; to amend and reenact section six, article one-b of said chapter; to further amend said article by adding thereto a new section, designated section ten; to amend and reenact sections three, four and eight, article three-c of said chapter; to amend and reenact sections three, four, five, six, and seven, article five of said chapter; to further amend said article by adding thereto a new section, designated section nine; to amend article six of said chapter by adding thereto a new section, designated section four-b; to amend and reenact sections four and six, article seven of said chapter; to amend and reenact section three, article eight of said chapter; to amend and reenact sections five and ten, article nine of said chapter; to amend and reenact sections one and fourteen, article ten of said chapter; and to amend article fourteen of said chapter by adding thereto a new section, designated section eleven, all relating to public higher education; administrative and programmatic efficiencies; removing the twenty-year cap on the annual experience increment for classified employees; definitions; clarifying student rights in cases of institutional mergers or administrative linkages; providing that Potomac state college become a fully integrated division of West Virginia university by the first day of July, two thousand five; abolishing advisory board and providing for board of visitors; setting limits on operational costs; incorporating auxiliary enterprises into West Virginia university and authorizing board of governors to set rates for auxiliary services and products; providing for areas of academic emphasis at the Potomac campus; authorizing the policy commission to change the mission of the Potomac campus; providing for contracting with eastern West Virginia community and technical college for certain programs and services; requiring Potomac state college and eastern West Virginia community and technical college to report to the policy commission on plans, accomplishments and recommendations in implementing the cooperative relationship and requiring the policy commission to report to the legislative oversight commission education accountability on the cooperative activities and results; requiring the policy commission to obtain approval from the legislative oversight commission on education accountability before changing institutional peers; providing for appointment of provosts; providing procedure for evaluating administrative heads of institutions; directing Concord college and Bluefield state college to make a joint study on progress toward meeting goals; requiring report to policy commission by the first day of September, two thousand three; directing policy commission to report to the legislative oversight commission on education accountability on results of study and recommendations by the first day of November, two thousand three; requiring policy commission to act to implement necessary changes and to monitor institutional progress toward meeting goals; changing name of administrative head of component community and technical colleges from "president" to "provost", clarifying reporting relationships of provosts; abolishing responsibility districts for Bluefield state community and technical college and Glenville state community and technical college; requiring Glenville state college, Bluefield state college and Fairmont state college to agree by date certain on transfer of certain property, obligations and staff; adding counties to the responsibility district of Fairmont state college and requiring the policy commission to resolve any disagreement; removing a county from the responsibility district of Shepherd community and technical college; creating a responsibility district for New River community and technical college; deleting references to Bluefield community and technical college and the center for higher education and work force development at Beckley; creating New River community and technical college of Bluefield state college from existing components and entities; providing that Bluefield state college may retain certain associate degree programs; providing findings and intent; providing for governance and program offerings; authorizing certain expenditures; authorizing contractual arrangements; deleting language relating to responsibilities and duties of certain executive agencies and officials; authorizing the policy commission and governing boards to purchase services; deleting bid preference for institutional print shops; allowing the attorney general fifteen days to respond on contracts requiring his or her approval before contracts will be considered approved; removing the fifty thousand dollar threshold for sending contracts to the attorney general in cases where the contracts use preapproved terms and conditions; authorizing policy commission and governing boards to make purchases from cooperative buying groups and consortia; requiring lease-purchase agreements which exceed one hundred thousand dollars total be approved by the attorney general; authorizing the policy commission and the governing boards to lease any grounds, buildings, office or other space under certain conditions and requiring prior review by the joint committee on government and finance; providing for lease cancellation and renewal under certain conditions; providing for authorized signatures on approved leases; authorizing the policy commission to promulgate rules on leasing; changing purchase threshold from fifteen to twenty-five thousand dollars for requiring vendor registration; making vendors who refuse to comply ineligible to sell to policy commission and governing boards; clarifying provisions relating to purchasing equipment, materials, supplies, services or printing; authorizing the policy commission to dispose of obsolete or unusable equipment, surplus supplies; requiring report on commodities sold and requiring proceeds to be returned to account from which purchase was made; directing the policy commission to ensure fiscal integrity of certain institutional procedures; providing for electronic transfers; authorizing purchases on purchase card to five thousand dollars and above under certain circumstances; authorizing use of purchase card for certain travel expenses if approved by the administrative head of the institution; authorizing certain emergency expenditures; authorizing and requiring an emergency rule to maximize institutional efficiency; requiring each institution to establish a consortium with at least one other institution to consolidate certain financial operations; allowing an institution to charge a fee for services as approved by the policy commission; authorizing community and technical colleges, colleges and universities to provide certain services to any governmental body or public or private institution; requiring institutions to reduce number of low-enrollment sections of introductory courses by date certain and requiring the policy commission to report progress by a date certain; directing institutions to use natural resources and alternative fuel resources and authorizing institutions to supply resources to other institutions; directing that any cost savings realized are to be retained by the institution; outlining responsibility of policy commission in assuring institutional fiscal integrity; establishing staff council at each public higher education campus; providing for election of members and chair; providing for meetings; requiring institutions to give notice to probationary faculty of retention or nonretention by date certain; requiring governing boards to establish required policies by date certain; directing policy commission to report to legislative oversight commission on education accountability on policies including number of adjunct faculty and part-time employees at each institution; directing policy commission to consider need for flexibility at community and technical colleges when reviewing institutional policies; deleting obsolete language referencing faculty salary schedule; providing increase in salary up to ten percent for faculty when promoted in rank as determined by the governing board; directing each governing board to establish and maintain a competitive faculty salary schedule; removing obsolete references to annual experience increment; permitting certain faculty members to participate in catastrophic leave banks; authorizing governing boards to propose mandatory auxiliary fee increases; requiring approval by policy commission and either the students of the proposing institution or the Legislature; purposes for which fee may be used; providing for reducing state subsidies to zero over five years and returning money to general revenue; requiring policy commission to certify amount generated by the fee for each institution annually; limiting undergraduate tuition and fee increases for residents to no more than four and three-quarters percent for community and technical colleges and no more than nine and one-half percent for all other institutions in any fiscal year; requiring that tuition and fee increases be approved by the policy commission based upon certain conditions; requiring the policy commission to report to the legislative oversight commission on education accountability on the basis used to determine approval or disapproval of an institutional request for tuition and fee increases; authorizing policy commission to consider per capita income in an institution's service area when making determinations on granting tuition and fee increases; providing for calculating per capita income; requiring certain institutions to deposit bookstore revenue, enuring to the benefit of the institution, into an appropriate account to use for nonathletic scholarships; and requiring the policy commission and the public employees insurance agency to submit to the legislative oversight commission on education accountability by date certain draft legislation providing employee incentives, additional options to purchase supplemental benefits, option to decline insurance, procedure for verifying alternate coverage and procedure to restore coverage under certain circumstances.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Caldwell, Fanning and Guills--3.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2224) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Senate Bill No. 501 (Exempting insurers, their agents and employees from statute except where contract exists) and Engrossed Committee Substitute for Senate Bill No. 594 (Increasing membership on public employees insurance agency finance board).
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Saturday, March 8, 2003, at 11 a.m.
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