sdj-49th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-NINTH DAY
____________

Charleston, W. Va., Tuesday, February 28, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ron Stoner, Emmanuel Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 27, 2006,
On motion of Senator Bailey, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2118--A Bill to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to forfeiture of bail bond for failure of a defendant to appear in court; and providing for reimbursement to the bail bondsman for the amount of the forfeited bond if the bail bondsman later returns the bonded person to the custody of court.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2638--A Bill to amend and reenact §8-22-22a of the Code of West Virginia, 1931, as amended, relating to restrictions on investments by municipal policemen's and firemen's pension and relief funds by increasing the amount which may be invested in equities.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3019--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18-2-7d and §18-2-7e, all relating to community volunteer enrichment programs in public schools; establishing the "West Virginia Remembers Program" for veteran volunteers to speak in the public schools; establishing the "West Virginia Community Arts in Education Program" for artists to share their experiences in the educational setting; and authorizing the state board to promulgate rules for program implementation.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3119--A Bill to amend and reenact §20-1-10 of the Code of West Virginia, 1931, as amended, relating to wildlife management areas; revising areas subject to property management requirements; altering reporting requirements; establishing requirements of land use for recreational hunting and shooting; preserving net habitat for hunting and shooting; and establishing reporting requirements for the Division of Natural Resources.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4036--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-3a, relating to soliciting murder; effect of uncorroborated testimony of the person allegedly solicited; penalty; affirmative defenses; prohibited defenses; and definitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4453--A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law-enforcement powers and duties of conservation officers; providing for the statewide authority of conservation officers to enforce litter control laws; providing for conservation officer's authority to initiate complaint for violations of laws related to wildlife, forests and natural resources; and relating to the procurement and execution of related arrest and search warrants.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4454--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to wages withheld from an employee; clarifying that liquidated damages be proportionately related to wages owed to an employee; and providing that liquidated damages will equal three times actual damages.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4456--A Bill to amend and reenact §20-2-20 of the Code of West Virginia, 1931, as amended, relating to beaver trapping; removing limitations on numbers and location of traps; allowing disturbance of structures constructed by beavers when trapping; and removing certain duties for persons who unintentionally trap or kill beavers.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4472--A Bill to amend and reenact §48-10-101, §48-10-301, §48-10-401, §48-10-501, §48-10-901, §48-10-1001, §48-10-1002 and §48-10-1101 of the Code of West Virginia, 1931, as amended, all relating to including family court jurisdiction in all proceedings concerning grandparent visitation.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4536--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2E-2, relating generally to improving competition among telephone public utilities providing landline services; prohibiting telephone public utilities from using automatic renewal provisions in their landline customer services agreements; requiring notice of the end of the service agreement; providing that after initial term of landline customer services agreement the term shall be on a month-to-month basis unless customer signs new landline customer services agreement; limiting termination fees charged by telephone public utilities for landline service and providing method of computing termination fee; specifying how this act applies to existing landline customer services agreements, whether in their original term or in a rollover term; and providing that act does not apply to services agreements between two telephone public utilities.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4612--A Bill to amend and reenact §29-20-1, §29-20-3, §29-20-4 and §29-20-6 of the Code of West Virginia, 1931, as amended, all relating generally to the West Virginia Women's Commission.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4632--A Bill to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to employing homeland security and emergency service personnel.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4658--A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §44- 16-1, §44-16-2, §44-16-3 and §44-16-4; and to amend and reenact §61-12-9 of said code, all relating to the creation of the Funeral Planning Agent Designation Act; providing that a funeral planning agent may authorize cremation; providing that a designated funeral planning agent may authorize funeral arrangements; designating the title of the act; definitions; designation of funeral planning agent; form of designation; and authority to enter into cremation contract.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4683--A Bill to amend and reenact §49-5-6 of the Code of West Virginia, 1931, as amended, relating to jury trials in jury proceedings; establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult; providing for a twelve-person jury when the alleged acts of juvenile delinquency which would be a felony punishable by incarceration if committed by an adult; providing for a six-person jury when the alleged acts of juvenile delinquency which would be a misdemeanor punishable by incarceration if committed by an adult; and eliminating the right to demand trial by jury for status offenses allegedly committed by a juvenile.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
House Concurrent Resolution No. 17, Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities.
On motion of Senator Chafin, the Senate refused to recede from its amendments to the resolution and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators McCabe, Prezioso and Caruth.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senator Weeks offered the following resolution:
Senate Concurrent Resolution No. 65--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of mandating that state hospitals and state long-term care facilities be subject to all state licensing rules and applicable statutory requirements.
Whereas, Nearly all legislative rules and statutes with respect to hospitals and long-term care facilities are inapplicable to state hospitals and state long-term care facilities; and
Whereas, The rules and statutes that place restrictions, require standards of care and mandate levels of patient safety should provide protection to all patients regardless of whether they receive health care in a state facility or a private facility; and
Whereas, Making state hospitals and state long-term care facilities abide by the same rules and statutory mandates as private hospitals and private long-term care facilities should only serve to offer uniform services and increase the standard of care for patients in state-operated facilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of mandating state hospitals and state long-term care facilities be subject to all state licensing rules and applicable statutory requirements; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability consult with representatives of both privately owned and operated health care facilities and state-operated facilities to gain insight into potentially expanding current rules and statutes to encompass state-operated hospitals and long-term care facilities; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale, Edgell and Hunter offered the following resolution:
Senate Concurrent Resolution No. 66--Requesting the Joint Committee on Government and Finance study the application process, contracts and employment of coaches within the state's public school system.
Whereas, It is necessary to assure that the children of West Virginia are being coached in public schools by those who are best qualified; and
Whereas, In order to verify fairness and equity among applicants for public school coaching positions, it is obligatory to assess the current criteria used to award coaching positions, as well as the structure of the contracts as awarded; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the application process, contracts and employment of coaches within the state's public school system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Minear offered the following resolution:
Senate Concurrent Resolution No. 67--Requesting the Division of Highways rename the roadside park on Backbone Mountain on Route 219 between Parsons and Thomas, Tucker County, known as Centennial Park, the "Fred Long Centennial Park".
Whereas, Fred Long, a native of Tucker County, was employed by the State Road Department in the 1930s; and
Whereas, In the 1940s Fred Long served as Sheriff of Tucker County; and
Whereas, In the 1950s Fred Long served as Superintendent of Tucker County State Road Department; and
Whereas, During his tenure as Superintendent, the roadside park on Backbone Mountain on Route 219, named the Centennial Park, was created; and
Whereas, It is fitting that the roadside park on Backbone Mountain on Route 219, known as Centennial Park, be renamed the "Fred Long Centennial Park" as a lasting tribute to Fred Long who served the citizens of Tucker County with pride and distinction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename the roadside park on Backbone Mountain on Route 219 between Parsons and Thomas, Tucker County, known as Centennial Park, the "Fred Long Centennial Park"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the park as the "Fred Long Centennial Park"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Weeks, Harrison and Hunter offered the following resolution:
Senate Resolution No. 34--Designating February 28, 2006, as "West Virginia Home School Day".
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are the unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today's society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 28, 2006, as "West Virginia Home School Day"; and, be it
Further Resolved, That the Senate recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
At the request of Senator Weeks, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senators Unger and Hunter offered the following resolution:
Senate Resolution No. 35--Commemorating the 100th anniversary of the assembly of the Niagara Movement at Harpers Ferry.
Whereas, The Niagara Movement, founded in 1905 by Dr. W. E. B. DuBois, was the first major civil rights organization of the 20th century. It was the forerunner to the National Association for the Advancement of Colored People (NAACP); and
Whereas, The founding meeting in 1905 was to be held in Buffalo, New York, but the attendees were refused accommodations and Dr. DuBois moved the meeting to the Canadian side of Niagara Falls; and
Whereas, In 1906 the first meeting on American soil of the Niagara Movement was held on the campus of Storer College, which opened in 1867 and was the only school in West Virginia that offered an education to African-Americans beyond the primary level. Storer College is now part of Harpers Ferry National Historical Park; and
Whereas, Harpers Ferry was selected as the location because of its connection to John Brown and his raid to free the slaves in 1859; and
Whereas, At the conclusion of the Harpers Ferry conference of the Niagara Movement, a five-point resolution was instituted demanding basic civil rights. In an address delivered at Harpers Ferry, Dr. DuBois wrote, "We claim for ourselves every single right that belongs to a freeborn American, political, civil and social; and until we get these rights, we will never cease to protest and assail the ears of America. The battle we wage is not for ourselves alone, but all true Americans."; and
Whereas, The Niagara Movement continued until 1911, when Dr. DuBois urged his colleagues to join the NAACP; and
Whereas, In August, 2006, the Harpers Ferry National Historic Park, the Harpers Ferry Historical Association, the West Virginia Division of Tourism and the Jefferson County NAACP will sponsor a three-day commemoration of the Niagara Movement and its importance as a cornerstone for modern civil rights in America; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the 100th anniversary of the assembly of the Niagara Movement at Harpers Ferry; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Niagara Movement Centennial Committee.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order, which agenda includes the making of main motions.
Senator Sprouse moved that the Senate Committee on Transportation and Infrastructure be discharged from further consideration of
Senate Bill No. 432, Limiting authorization of parkway revenue bonds.
Following discussion,
The question being on the adoption of Senator Sprouse's aforestated motion, and on this question, Senator Caruth demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Guills, Harrison, McKenzie, Minear, Sprouse, Weeks and Yoder--10.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--23.
Absent: Lanham--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's aforestated motion had not prevailed.
Senator Sprouse moved that the Senate Committee on Finance be discharged from further consideration of
Senate Bill No. 743, Reducing and eliminating consumers sales and service tax on food.
Following discussion,
Senator Kessler moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the adoption of Senator Sprouse's aforestated motion, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Guills, Harrison, Jenkins, McKenzie, Minear, Sprouse, Weeks and Yoder--11.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--22.
Absent: Lanham--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's aforestated motion had not prevailed.
Petitions
Senator Love presented a petition from Sheri-Lyn Sapp and numerous Upshur County residents, supporting Senate Bill No. 28 (Requiring written consent of parent or guardian for abortion on minor), Senate Bill No. 120 (Relating to parental notification requirements for abortions performed on unemancipated minors) and Committee Substitute for Senate Bill No. 519 (Relating to parental notification requirements for abortions performed on unemancipated minors).
Referred to the Committee on Health and Human Resources.
Senator Caruth presented a petition from Billie Jean Shafer and numerous Eastern Greenbrier Middle School teachers and staff, supporting a six percent across the board pay raise.
Referred to the Committee on Education.
Senator Caruth presented a petition from Jeffrey Webb and numerous West Virginia residents, supporting Senate Bill No. 136 (Creating Beverage Container Recycling and Litter Control Act).
Referred to the Committee on the Judiciary.
At the request of Senator Hunter, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 64, Requesting Division of Highways name bridge in Sharples, Logan County, "Sharples Stags Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 10, Allowing tax credits for community foundation contributions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 10) 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 Senate Bill No. 11, Adding circuit court judge to twenty-third judicial circuit.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 11) passed with its title.
Senator Chafin moved that the bill take effect August 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 11) takes effect August 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 114, Relating to teen court program fees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 114) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 251, Creating Beckley-Raleigh County Building Code Authority.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--22.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison, McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 251) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Harrison--1.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 251) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 361, Relating to investment powers of Investment Management Board.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 361 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Boley, Harrison and Weeks--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 361) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 463, Modifying qualifications for license to practice medicine.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) 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 Senate Bill No. 490, Providing gasoline excise tax exemption for certain county aging programs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Facemyer and McCabe--2.
Absent: Lanham--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 S. B. No. 490) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 496, Allowing out-of-state transport of legally obtained game.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) 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 Senate Bill No. 575, Causing disciplinary action against contractor licensee for certain court-ordered judgments.
On third reading, coming up in regular order, was 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, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills and Yoder--4.
Absent: Lanham--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 S. B. No. 575) 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 Senate Bill No. 576, Changing calculation of prejudgment and post-judgment interest.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 576) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 581, Amending definition of "person" relating to motor fuel excise tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 581) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 582, Requiring electronic filing of certain personal income tax returns.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Boley, Caruth and Sprouse--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 582) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 591, Authorizing Tax Commissioner collect cost of federal refund offset fees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 591) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 598, Relating to Teachers Retirement System's qualified plan status.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 598) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 609, Relating to time period for filing senior citizens' property tax credit claim.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 609) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 626, Requiring annual personal income tax withholding reconciliations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 626) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 627, Allowing facsimile signatures on tax liens.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 627) 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 Senate Bill No. 689, Requiring court approval of certain structured settlements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 689) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--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 S. B. No. 689) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 693, Removing certain Court of Claims' review procedures.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 693) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 693) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 722, Providing statute of limitations for certain sales by trustee.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 722) 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 Senate Bill No. 753, Extending time for Grant County board of education to meet as levying body.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 775, Providing county commission establish salaries of elected officials.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 27, 2006, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page twenty-eight, section four, line four hundred sixty- two, after the word "attorney." by inserting the following: The salary increase shall be in the form of a supplement to the elected officials' previously established statutory salary.;
On page twenty-eight, section four, line four hundred sixty- three, by striking out the words "in the best interest of" and inserting in lieu thereof the words "fiscally responsible for";
On page twenty-eight, section four, line four hundred sixty- four, after the word "officials'" by inserting the word "statutory";
And,
On page twenty-eight, section four, line four hundred sixty- six, after the word "officials." by inserting the following: The county commission shall further state in its order the new, additional and substantially different duties imposed upon each of the elected officials in mid-term, thereby permitting supplemental salary increases.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 775 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman, Chafin, Deem, Edgell, Fanning, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Plymale, Prezioso, Weeks, White and Tomblin (Mr. President)--18.
The nays were: Barnes, Boley, Caruth, Dempsey, Facemyer, Foster, Guills, Hunter, Minard, Minear, Oliverio, Sharpe, Sprouse, Unger and Yoder--15.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 775) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 776, Relating to Bureau of Employment Programs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 776) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 777, Relating to replacement of underground water supplies damaged by coalbed methane wells.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 777) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 778, Relating to State Conservation Committee and conservation districts.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 778) passed.
On motion of Senator Kessler, 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. Senate Bill No. 778--A Bill to repeal §19-21A-4a, §19- 21A-13a, §19-21A-13b and §19-21A-13c of the Code of West Virginia, 1931, as amended ; and to amend and reenact §19-21A-2, §19-21A-3, §19-21A-4, §19-21A-5, §19-21A-6, §19-21A-7, §19-21A-8, §19-21A-9, §19-21A-10, §19-21A-11, §19-21A-1 2, §19-21A-13 and §19-21A-14, all relating to the State Conservation Committee and conservation districts generally; allowing ex officio members of state committee to designate representative; allowing certain persons to enter private property and waters of the state to remove flood debris; providing for continuation of conservation committee and districts; providing for election of supervisors; providing method for filling supervisor vacancies; requiring conservation districts follow county lines; providing for per diem for supervisors; clarifying status of dam monitors; providing for discontinuance of districts; providing for reformation of districts; providing for distribution of assets and liabilities upon discontinuance of districts; removing antiquated provisions; and making technical and conforming amendments throughout.
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 returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 776, Relating to Bureau of Employment Programs.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 776) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 777, Relating to replacement of underground water supplies damaged by coalbed methane wells.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 777) 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 again proceeded to the eighth order of business.
Eng. Senate Bill No. 786, Exempting certain severance wages from personal income tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 786) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 786) 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. 4019, Relating to the preparation and distribution of a digest or summary of the budget bill.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time prosecuting attorneys.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4063, Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate recessed for ten minutes.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 742, Revising Uniform Commercial Code.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bill (S. B. No. 742) 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.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 18, Granting tuition waivers to children and spouses of parole and probation officers killed in line of duty.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 69, Increasing equity investments of municipal policemen's and firemen's pension and relief funds.
On second reading, coming up in 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 twenty-two-a, line thirty-two, after the word "funds;" by inserting the word "and";
On page three, section twenty-two-a, line thirty-eight, after the word "percent" by changing the period to a semicolon;
On page three, section twenty-two-a, line forty-one, by striking out the word "such" and inserting in lieu thereof the word "the";
And,
On page four, section twenty-two-a, line forty-three, after the word "indices;" by inserting the word "and".
The bill (S. B. No. 69), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 107, Relating to venue for certain suits against state.
On second reading, coming up in 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 two, section two, line seventeen, by striking out the words "sounding in tort";
And,
On page three, section two, line twenty-one, after the word "in" by inserting the words "or transferred to".
On motions of Senators Yoder and Kessler, the following amendment to the bill (Com. Sub. for S. B. No. 107) was next reported by the Clerk and adopted:
On page three, section two, line twenty-two, after the word "arose" by changing the period to a comma and inserting the words "along with any related claims arising out of the same transaction or occurrence."
The bill (Com. Sub. for S. B. No. 107), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 127, Relating to regional education service agencies.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, unanimous consent being granted, the bill was advanced to third reading with the unreported Finance committee amendment pending and the right for further amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 173, Relating to public employees preretirement death benefits.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 177, Relating to Public Defender Services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 205, Relating to sex offender registry.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, unanimous consent being granted, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Com. Sub. for Senate Bill No. 219, Changing expiration date of graduated driver's licenses; prohibiting cell phone use by certain minors.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 265, Adding names of certain deceased veterans to Veterans Memorial Monument.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 285, Relating to unclaimed property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 299, Authorizing various executive or administrative agencies promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 350, Authorizing Department of Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 357, Authorizing Department of Revenue promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section one, line four, after the word "code" by inserting the words "and section four-a, article eleven of said chapter";
On page four, section one, after line twenty-one, by inserting the following:
On page five, subsection 6.1, by adding the following sentence: This section is not intended to conflict with the statutory requirements of the Medical Professional Liability Act, W. Va. Code §§55-7B-1 to 11, as the same relate to the assertion and investigation of medical professional liability claims.;
On page five, subsection 6.3, after the word "limits" by inserting the words "and, with respect to medical professional liability claims, subject to applicable statutory requirements set forth in the Medical Professional Liability Act, W. Va. Code §§55- 7B-1 to 11,";
On page six, section one, line fifty-one, after the word "code" by inserting the words "and section three, article twenty-a of said chapter";
On page six, section one, line fifty-seven, after the word "code," by inserting the words "section three-d, article sixteen of said chapter and section five-b, article twenty-eight of said chapter,";
On page six, section one, line sixty-three, after the word "code" by inserting the words "and section four-a, article seventeen-a of said chapter";
On pages six and seven, section one, lines sixty-six through seventy-one, by striking out all of subsection (f);
And relettering the remaining subsections;
On page seven, section one, line seventy-four, by striking out the word "ten" and inserting in lieu thereof the word "four-a";
On page seven, section one, line seventy-four, by striking out the word "two" and inserting in lieu thereof the word "twenty";
On page seven, section one, line eighty-one, by striking out the word "ten" and inserting in lieu thereof the word "five-a";
And,
On page seven, section one, line eighty-one, by striking out the word "two" and inserting in lieu thereof the word "eleven".
The bill (Com. Sub. for S. B. No. 357), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 415, Relating to credit card solicitations on college campuses.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 419, Providing Public Service Commission jurisdiction for certain alternative sewer service methods.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 428, Providing uniformity in purchasing card procedures.
On second reading, coming up in 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 pages six and seven, section ten-e, lines thirteen through fifteen, by striking out the words "State College System of West Virginia and the University System of West Virginia" and inserting in lieu thereof the words "state institutions of higher education".
The bill (Com. Sub. for S. B. No. 428), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 464, Providing churches and other religious entities may incorporate.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 489, Authorizing Treasurer provide remittance processing and e-government services to political subdivisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 492, Providing indemnity agreements in motor carrier transportation contracts void.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 503, Providing pay raise for State Police; temporary promotions.
On second reading, coming up in 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 ten, section five, line one hundred thirty-three, by striking out "$34,034" and inserting in lieu thereof "$44,034";
On page eleven, section five, line one hundred forty-two, by striking out "$33,858" and inserting in lieu thereof "$39,858";
And,
On page eleven, section five, line one hundred forty-three, by striking out "$344,034" and inserting in lieu thereof "$44,034".
The bill (S. B. No. 503), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 511, Relating to municipal policemen's and firemen's pension funds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 521, Authorizing deer hunting in state parks.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 538, Relating to state employees' deferred compensation plan.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 558, Providing salary adjustments for certain appointive state officers.
On second reading, coming up in 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 two, after the article heading, by inserting the following:
§6-7-2. Salaries of certain state officers.
Beginning in the calendar year two thousand ~~five~~ seven, and for each calendar year after that, salaries for each of the state constitutional officers are as follows:
(1) The salary of the Governor is ~~ninety-five~~ one hundred thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars per year;
(4) The salary of the Secretary of State is seventy thousand dollars per year;
(5) The salary of the Commissioner of Agriculture is seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand dollars per year.;
On page five, section two-a, line fifty-five, by striking out the word "forty-five" and inserting in lieu thereof the word "fifty";
On page eight, section two-a, line one hundred fourteen, by striking out the word "sixty-five" and inserting in lieu thereof the word "seventy";
And,
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §6-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §9A-1-5 of said code be amended and reenacted; that §15-2-2 of said code be amended and reenacted; that §16-5P-5 of said code be amended and reenacted; that §17-2A-3 of said code be amended and reenacted; that §19-1A-5 of said code be amended and reenacted; that §20-1-5 of said code be amended and reenacted; that §21-1-2 of said code be amended and reenacted; that §22-1-6 of said code be amended and reenacted; that §24-1-3 of said code be amended and reenacted; that §29-1-1 of said code be amended and reenacted; and that §60-2-9 of said code be amended and reenacted, all to read as follows:.
The bill (S. B. No. 558), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 562, Allowing citizens file certain criminal complaints directly with magistrate court.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 566, Amending Crime Victims Compensation Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 570, Relating to fairness and equity in public school finance.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendment to the bill was reported by the Clerk and adopted:
On page twenty-one, section six-f, lines seventy-five through seventy-seven, after the word "enrollment" by striking out the comma and the words "excluding kindergarten students less than five years of age without an individualized education program,".
The bill (Com. Sub. for S. B. No. 570), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 571, Relating to National Guard pay.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Weeks, the following amendment to the bill was reported by the Clerk:
On page two, section sixteen, after line twenty, by inserting a new subsection, designated subsection (d), to read as follows:
(d) No member of the West Virginia National Guard or Air National Guard shall attend, while in uniform, any political event, function or fundraiser.
Senator Chafin arose to a point of order that the amendment offered by Senator Weeks was not germane to the bill.
Which point of order, the President ruled well taken.
The bill (Com. Sub. for S. B. No. 571) was then ordered to engrossment and third reading.
Senate Bill No. 578, Allowing Public Service Commission to order takeover of certain utilities.
On second reading, coming up in 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 four, section eleven-d, line fifty-one, after the words "a public utility" by inserting the words "with at least twenty-five thousand customers".
The bill (S. B. No. 578), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 587, Relating to increment pay for certain higher education faculty.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 604, Extending certain State Police disability pensions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 616, Establishing regulated consumer lenders' reporting requirements.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page three, section one hundred four, line twenty-seven, by striking out the words "For calendar years beginning the first day of January, two thousand six, a regulated consumer lender shall file with the commissioner, on or before the fifteenth day of February," and inserting in lieu thereof the words "On or before the fifteenth day of February each year, every licensee shall file with the commissioner";
On page three, section one hundred four, line thirty-six, by striking out the word "only";
And,
On page four, section one hundred four, line forty-four, by striking out the word "names" and inserting in lieu thereof the word "nature".
The bill (Com. Sub. for S. B. No. 616), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 620, Relating to consolidation of administrative services by boards of education and regional education service agencies.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 633, Addressing certain teacher critical shortage areas.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 636, Relating to Court Security Fund's administrative costs.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 638, Placing Workforce Development Initiative Program under Council for Community and Technical College Education.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 653, Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, unanimous consent being granted, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 656, Providing whistle-blower protection to nonunion miners.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 673, Authorizing county service fees for infrastructure projects; bonding authority.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, unanimous consent being granted, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 680, Relating to Unified Carrier Registration System.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 709, Relating to planning commission membership.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 728, Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, unanimous consent being granted, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 752, Continuing poison control center.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 759, Creating Highway Design-Build Procurement Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 767, Authorizing business registration certificate revocation of employer in default.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 770, Relating to continuing education of osteopathic physician assistants.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 773, Relating to certificate of need standards.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 774, Organizing offices in Department of Environmental Protection.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page nine, section six, line one hundred thirty-three, by striking out the word "will" and inserting in lieu thereof the word "shall";
And,
On page nine, section six, lines one hundred thirty-three and one hundred thirty-four, by striking out the words "of eighty-five thousand dollars" and inserting in lieu thereof the words "as provided in section two-a, article seven, chapter six of this code".
The bill (S. B. No. 774), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 780, Relating to gift certificates.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 781, Relating to long-term leases for wireless communication towers on public lands.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 782, Relating to READS grant program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 783, Relating to National Board for Professional Teaching Standards certification.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 784, Relating to teacher certification.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 785, Relating to school physical education requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 787, Creating Transportation Coordinating Council.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section two, after line forty-three, by inserting a new subsection, designated subsection (f), to read as follows:
(f) Members of the council shall receive no compensation, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties.;
On page eight, after section four, by adding a new section, designated section five, to read as follows:

§17-16D-5. Continuation of the Transportation Coordinating Council.

Pursuant to the provisions of article ten, chapter four of this code, the Transportation Coordinating Council shall continue to exist until the first day of July, two thousand nine, unless sooner terminated, continued or reestablished.;
And,
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §17-16C-4 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4 and §17-16D-5 , all to read as follows: .
The bill (S. B. No. 787), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 788, Relating to elections.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page seventeen, section ten, line one hundred thirty-five, by striking out the word "Any" and inserting in lieu thereof the words "On or after the first day of July, two thousand six, any".
The bill (S. B. No 788), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 789, Authorizing limited arrest powers for day report officers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 790, Relating to workers' compensation decision appeals.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 791, Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 4751, Extending the time for the Board of Education of the County of Grant to meet as a levying body.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 53 (originating in the Committee on Education), Changing ratio of school nurses to enrollment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 53 (originating in the Committee on Finance)--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to changing the required ratio of school nurses in each county from one nurse per every one thousand five hundred students in kindergarten through seventh grade to one nurse per every one thousand five hundred students in preschool through twelfth grade.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 206, Relating to floodplain management and flood debris cleanup.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 206 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §7-1-3u of the Code of West Virginia, 1931, as amended; to amend and reenact §20-1A-3 of said code; to amend and reenact §21-9-4 and §21-9-12 of said code; and to amend and reenact §24-2-2 of said code, all relating to floodplain management and flood debris generally; requiring floodplain management plans to regulate new construction, placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards; requiring local governments to establish process for approval of construction or installation of residence or business in floodplain; authorizing reasonable fee for services provided by local government; requiring local governments establish penalties for violations of floodplain management ordinances or plans; requiring landowner remove certain structures located in streambed under certain circumstances; authorizing public land corporation enter into interagency agreements for assistance in removing certain structures for streambeds; authorizing public land corporation remove certain structures from streambeds in limited circumstances; clarifying rights, duties and privileges under issuance of right of entry; providing for enforcement of right of entry; authorizing Division of Labor to regulate installation of manufactured housing in regulated floodplains; authorizing rulemaking; requiring licensed dealers and installers of manufactured housing obtain certificate of approval for installation of homes in regulated floodplains; providing for recordkeeping; providing for penalties; prohibiting connection of electric service to new construction of a residence or business or installation or relocation of manufactured housing in regulated floodplain without local government approval; requiring landowner to show proof of local government approval to electrical inspector or provide certification number; establishing certain requirements for filing complaints with the Public Service Commission; and requiring rulemaking by Public Service Commission.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 206) contained in the preceding report from the Committee on the Judiciary 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 Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 443, Continuing hazardous waste management fee.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 494, Requiring health insurance benefits for certain public improvement project workers.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (S. B. No. 494) contained in the preceding report from the Committee on Banking and Insurance 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 Finance, with an amendment from the Committee on Banking and Insurance pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 517, Requiring multidisciplinary treatment team for certain juveniles.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 27, 2006;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 517) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
At the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 519 (originating in the Committee on the Health and Human Resources), Relating to parental notification requirements for abortions performed on unemancipated minors.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 519 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit and family court have concurrent jurisdiction over the provisions of the article; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for appeal by the unemancipated minor to circuit court if matter is initially heard in family court; reporting requirements; providing remedies; specifying when notice is not required; providing penalties; and providing a severability clause.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 644, Authorizing motor vehicle insurance verification program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 644 (originating in the Committee on Banking and Insurance)--A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18 and §17D-4-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of said code; to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code; to amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code, all relating to mandatory security upon motor vehicles; repealing the option of substituting the posting of a bond or other security with the State Treasurer or the Commissioner of Motor Vehicles in lieu of a motor vehicle liability policy; changing the method of random sampling for determining compliance with the requirement to maintain security; changing the period of suspension of a driver's license for failure to maintain security; requiring the court to forward evidence of compliance to the Division of Motor Vehicles; providing a criminal penalty for providing false or fraudulent information related to mandatory security; requiring the division to suspend the driver's license of any person upon a showing of forging or filing any false evidence or proof of mandatory security or information; and changing the requirements of obtaining a certificate of self insurance.
Senate Bill No. 754, Clarifying risk categories covered by farmers' mutual insurance companies.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 754 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-22-7 and §33-22-8 of the Code of West Virginia, 1931, as amended, all relating to farmers' mutual fire insurance companies; clarifying that certain requirements for the filing of fire and marine policies apply to farm mutual insurance companies; clarifying types of policies that all such companies may issue; describing types of policies of liability insurance for which an extension of a license must be obtained; permitting commissioner to limit duration of such license extensions; and establishing criteria by which farm mutual insurance companies must demonstrate that they serve underserved areas.
And,
Senate Bill No. 755, Relating to Physicians' Mutual Insurance Company.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 755 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-20F-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-7B-2 of said code, all relating to medical professional liability insurance; clarifying the ability of the West Virginia Physicians' Mutual Insurance Company to decline or refuse to renew insurance policies transferred to the company from the Board of Risk and Insurance Management upon the expiration of the terms of the policies so transferred; describing the criteria according to which the company may classify, rate and price policies of insurance; describing the criteria according to which the company may elect to underwrite or decline to underwrite insurance coverage; and establishing basic requirements and minimum standards for physician self-funded insurance arrangements to qualify as medical professional liability insurance for purposes of article seven-b, chapter fifty-five of said code.
With the recommendation that the three committee substitutes do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 666, Allowing use of accumulated sick leave for family leave.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 742, Revising Uniform Commercial Code.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 742 (originating in the Committee on the Judiciary)--A Bill to repeal §46-1-109, §46-1-207 and §46-1-208 of the Code of West Virginia, 1931, as amended; to repeal §46-2-208 of said code; to repeal §46-2A-207 of said code; to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105, §46-1-106, §46-1-107, §46-1-108, §46-1-201, §46-1-202, §46-1-203, §46-1-204, §46-1-205 and §46-1-206 of said code; to amend said code by adding thereto ten new sections, designated §46- 1-301, §46-1-302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46- 1-307, §46-1-308, §46-1-309 and §46-1-310; to amend and reenact §46-2-103, §46-2-104, §46-2-202, §46-2-310, §46-2-323, §46-2-401, §46-2-503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705 of said code; to amend and reenact §46-2A-103, §46-2A-501, §46-2A- 514, §46-2A-518, §46-2A-519, §46-2A-526, §46-2A-527 and §46-2A-528 of said code; to amend and reenact §46-3-103 of said code; to amend and reenact §46-4-104 and §46-4-210 of said code; to amend and reenact §46-4A-105, §46-4A-106 and §46-4A-204 of said code; to amend and reenact §46-5-103 of said code; to amend and reenact §46- 7-101, §46-7-102, §46-7-103, §46-7-104, §46-7-105, §46-7-201, §46- 7-202, §46-7-203, §46-7-204, §46-7-205, §46-7-206, §46-7-207, §46-7-208, §46-7-209, §46-7-210, §46-7-301, §46-7-302, §46-7-303, §46-7-304, §46-7-305, §46-7-306, §46-7-307, §46-7-308, §46-7-309, §46-7-401, §46-7-402, §46-7-403, §46-7-404, §46-7-501, §46-7-502, §46-7-503, §46-7-504, §46-7-505, §46-7-506, §46-7-507, §46-7-508, §46-7-509, §46-7-601, §46-7-602 and §46-7-603 of said code; to amend said code by adding thereto three new sections, designated §46-7-106, §46-7-701 and §46-7-702; to amend and reenact §46-8-102 and §46-8-103 of said code; and to amend and reenact §46-9-102, §46-9-203, §46-9-207, §46-9-208, §46-9-301, §46-9-310, §46-9-312, §46-9-313, §46-9-314, §46-9-317, §46-9-338, §46-9-516 and §46-9-601 of said code, all relating to revising the Uniform Commercial Code, articles one and seven; making conforming amendments to other articles; and authorizing administrative review by Secretary of State of certain fillings in connection with secured transactions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 742) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second 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, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Barnes, Love and White--3.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 742 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Barnes, Love and White--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 742) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 765, Relating to start of workday for school bus operators and transportation aides.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 792, Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd.
And has amended same.
Now on second reading, having been read a first time and rereferred to the Committee on Education on February 27, 2006;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 792) contained in the preceding report from the Committee on Education was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Education, 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 1. GOVERNANCE.

§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) ~~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)"Governing boards" or "boards" means the institutional boards of governors created pursuant to section one, article two-a of this chapter;
(c) "Free-standing community and technical colleges" means Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College and Eastern West Virginia Community and Technical College which may 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 free-standing community and technical colleges and other state institutions of higher education which deliver community and technical college education. This definition includes Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, Eastern West Virginia Community and Technical College, New River Community and Technical College, West Virginia University at Parkersburg, the Community and Technical College at West Virginia University Institute of Technology, ~~the community and technical college of Shepherd, Fairmont state community and technical college,~~ Blue Ridge Community and Technical College, Marshall Community and Technical College and West Virginia State Community and Technical College;
(f) "Community and technical college education" means the programs, faculty, administration and funding associated with the ~~mission~~ delivery of community and technical ~~colleges as provided in article three-c of this chapter~~ college education programs;
(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", "policy commission" or "commission" means the commission created pursuant to section one, article one-b of this chapter;
(j) "Chancellor for Higher Education" means the Chief Executive Officer of the Higher Education Policy Commission employed pursuant to section five, article one-b of this chapter;
(k) "Chancellor for Community and Technical College Education" means the Chief Executive Officer of the West Virginia Council for Community and Technical College Education employed pursuant to section three, article two-b of this chapter;
(l) "Chancellor" means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission. "Chancellor" means Chancellor for Community and Technical College Education where the context refers to a function of the West Virginia Council for Community and Technical College Education;
(m) "Institutional operating budget" or "operating budget" means for any fiscal year an institution's total unrestricted education and general funding from all sources in the 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 or council based on comparisons with peer institutions or to reflect consistent components of peer operating budgets;
(n) "Community and technical college education program" means any college-level course or program beyond the high school level provided through a public institution of higher education resulting in or which may result in a two-year associate degree award, including an associate of arts, an associate of science and an associate of applied science; certificate programs and skill sets; developmental education; continuing education; collegiate credit and noncredit workforce development programs; and transfer and baccalaureate parallel programs. All such programs are under the jurisdiction of the council. Any reference to "post-secondary vocational education programs" means community and technical college education programs as defined in this subsection;
(o) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
(p) For the purposes of this chapter and chapter eighteen-c of this code, "senior administrator" means the vice chancellor for administration employed by the commission with the advice and consent of the council in accordance with section two, article four of this chapter;
(q) "State college" means Bluefield State College, Concord ~~College~~ University, Fairmont State ~~College~~ University, Glenville State College, Shepherd ~~College~~ University, West Liberty State College or West Virginia State ~~College~~ University;
(r) "State institution of higher education" means any university, college or community and technical college under the jurisdiction of a governing board as that term is defined in this section;
(s) Until the first day of July, two thousand five, "regional campus" means West Virginia university at Parkersburg, Potomac state college of West Virginia university and West Virginia university institute of technology;
~~(t)~~ (s) The advisory board previously appointed for the West Virginia Graduate College is known as the "board of visitors" and shall provide guidance to the Marshall University Graduate College;
~~(u)~~ (t) "Institutional compact" means the compact between the commission or council and a state institution of higher education under its jurisdiction, as described in section two, article one-a of this chapter;
~~(v)~~ (u) "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;
~~(w)~~ (v) "Administratively linked community and technical college" means a community and technical college created pursuant to section eight, article three-c of this chapter;
~~(x)~~ (w) "Sponsoring institution" means a 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;
~~(y)~~ (x) "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;
~~(z)~~ (y) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas to obtain education services not offered at that 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
~~(aa)~~ (z) "Council" means the West Virginia Council for Community and Technical College Education created pursuant to article two-b of this chapter.

§18B-1-7. Fairmont State Community and Technical College merged.

(a) Notwithstanding any other provision of this code to the contrary, on the first day of July, two thousand six, Fairmont State Community and Technical College shall merge and consolidate with Fairmont State 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 Fairmont State University:
(1) Fairmont State Community and Technical College ceases to be an individual higher education institution, as defined by subsection (h), section two of this article.
(2) The advisory board previously appointed for Fairmont State Community and Technical College is dissolved.
(b) Any reference in this code to Fairmont State Community and Technical College means Fairmont State University.
(c) In the delivery of community and technical college education and programs, Fairmont State University shall adhere to all provisions set forth in this code for the delivery of such programs with the exception of the requirement related to independent accreditation.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the state institutions of higher education shall be made as follows:
(1) Subject to the approval of the commission, the governing board of the institution appoints a president for Bluefield State College, Concord University, Fairmont State University, Glenville State College, Marshall University, Shepherd University, West Liberty State College, West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia University.
(2) Subject to the approval of the council and to the provisions of article three-c of this chapter, the Governing Board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg. When selecting candidates for consideration to fill the office of president, the governing board shall use the search and screening process provided in section one, article six of this chapter.
Subject to the approval of the commission, the Governing Board of West Virginia University appoints the president of the regional campus known as West Virginia University Institute of Technology. The president of each regional campus serves at the will and pleasure of the appointing governing board.
(3) Subject to the approval of the council, the governing board of the community and technical college appoints a president for Eastern West Virginia Community and Technical College, Southern West Virginia Community and Technical College and West Virginia Northern Community and Technical College.
(4) Subject to the approval of the council, the governing board of the sponsoring institution appoints a president for each administratively linked community and technical college which shares a physical campus location with the sponsoring institution, including ~~Fairmont State Community and Technical College,~~ Marshall Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology and West Virginia State Community and Technical College.
(5) Subject to the approval of the council, the governing board of the community and technical college appoints a president for each administratively linked community and technical college which does not share a physical campus location with the sponsoring institution, including New River Community and Technical College and ~~the Community and Technical College of Shepherd~~ Blue Ridge Community and Technical College.
(b) Other appointments. -- The institutional president appoints a provost to be the administrative head of the Potomac campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing board shall conduct written performance evaluations of each institution's president, including the presidents of administratively linked community and technical colleges. Evaluations shall be done in every fourth year of employment as president, 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.

ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.

§18B-3C-4. Community and technical college consortia planning districts.

(a) Unless otherwise designated, the president of each community and technical college facilitates the formation of community and technical college consortia in the state, which includes representatives of community and technical colleges, public vocational-technical education centers and public baccalaureate institutions offering associate degrees. The community and technical college consortium shall:
(1) Complete a comprehensive assessment of the district to determine what education and training programs are necessary to meet the short- and long-term workforce development needs of the district;
(2) Coordinate efforts with regional labor market information systems to identify the ongoing needs of business and industry, both current and projected, and to provide information to assist in an informed program of planning and decision making;
(3) Plan and develop a unified effort between the community and technical colleges and public vocational-technical education to meet the documented workforce development needs of the district through individual and cooperative programs, shared facilities, faculty, staff, equipment and other resources and the development and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the workforce needs are met, develop new programs and phase out or modify existing programs as appropriate to meet such needs, streamline procedures for designing and implementing customized training programs;
(5) Increase the integration of secondary and post-secondary curriculum and programs that are targeted to meet regional labor market needs, including implementation of seamless curricula project in all major career pathways and the West Virginia EDGE, Earn a Degree, Graduate Early Program;
(6) Plan and implement integrated professional development activities for secondary and post-secondary faculty, staff and administrators;
(7) Ensure that program graduates have attained the competencies required for successful employment through the involvement of business, industry and labor in establishing student credentialing;
(8) Performance assessment of student knowledge and skills which may be gained from multiple sources so that students gain credit toward program completion and advance more rapidly without repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in establishing one-stop-shop career centers with integrated employment and training and labor market information systems that enable job seekers to assess their skills, identify and secure needed education training and secure employment and employers to locate available workers;
(10) Increase the integration of adult literacy, adult basic education, federal Work Force Investment Act and community and technical college programs and services to expedite the transition of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and potential employers to access education and training programs throughout the district.
(b) The community and technical college education consortium shall cooperate with the regional workforce investment board in the district and shall participate in any development or amendment to the regional workforce investment plan.
(c) To carry out the provisions of this section, community and technical college consortia planning districts are established and defined as follows:
(1) Northern panhandle community and technical college district includes Hancock, Brooke, Ohio, Marshall and Wetzel counties.
(A) The facilitating institution is West Virginia Northern Community and Technical College.
(B) Participating institutions include West Virginia Northern Community and Technical College; John Marshall High School; Cameron High School; John D. Rockefeller Center; and other public vocational-technical schools offering post-secondary programs.
(2) North central West Virginia community and technical college district includes Monongalia, Marion, Preston, Taylor, Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis, Calhoun, Gilmer and Upshur counties.
(A) The facilitating institution is Fairmont State ~~community and technical college~~ University.
(B) Participating institutions include Fairmont State ~~community and technical college~~ University; Glenville State College; Randolph County Vocational-Technical Center; Monongalia County Technical Education Center; United Technical Center; Marion County Technical Center; Fred W. Eberly Technical Center; and other public vocational-technical schools offering post-secondary programs.
(3) Mid-Ohio valley community and technical college district includes Tyler, Pleasants, Ritchie, Wood, Wirt, Jackson and Roane counties.
(A) The facilitating institution is West Virginia University at Parkersburg.
(B) Participating institutions includes West Virginia University at Parkersburg; West Virginia Northern Community and Technical College; Roane-Jackson Technical Center; Gaston Caperton Center; Wood County Technical Center; and other public vocational- technical schools offering post-secondary programs.
(4) Potomac highlands community and technical college district includes Tucker, Pendleton, Grant, Hardy, Mineral and Hampshire counties.
(A) The facilitating institution is Eastern West Virginia Community and Technical College.
(B) Participating institutions include Eastern West Virginia Community and Technical College; South Branch Career and Technical Center; Mineral County Technical Center; and other public vocational-technical schools offering post-secondary programs.
(5) Shenandoah valley community and technical college district includes Berkeley, Jefferson and Morgan counties.
(A) The facilitating institution is the ~~community and technical college of Shepherd~~ Blue Ridge Community and Technical College.
(B) Participating institutions include ~~the community and technical college of Shepherd~~ Blue Ridge Community and Technical College; James Rumsey Technical Institute; and other public vocational-technical schools offering post-secondary programs.
(6) Advantage valley community and technical college district includes Fayette, Kanawha, Clay, Putnam, Cabell, Mason and Wayne counties.
(A) The facilitating institution is Marshall Community and Technical College.
(B) Every five years the council shall:
(i) Evaluate the progress of the advantage valley consortia toward achieving the goals and benchmarks of its compact;
(ii) Evaluate the progress of each community and technical college in the district toward achieving the goals and benchmarks of its institutional compact;
(iii) Determine which community and technical college in the district would best serve the needs of the district for the following five-year period if serving as the facilitating institution; and
(iv) Designate the community and technical college selected pursuant to subparagraph (iii) of this paragraph to serve as the facilitating institution for the following five-year period.
(C) Participating institutions include Marshall Community and Technical College; the Community and Technology College at West Virginia University Institute of Technology; West Virginia State Community and Technical College; Carver Career Center; Garnet Career Center; Ben Franklin Career Center; Putnam County Vocational-Technical-Occupational Center; Cabell County Career-Technical Center; and other public vocational-technical schools offering post-secondary programs.
(7) Southern mountains community and technical college district includes Lincoln, Boone, Logan, Mingo, Wyoming and McDowell counties.
(A) The facilitating institution is Southern West Virginia Community and Technical College.
(B) Participating institutions include Southern West Virginia Community and Technical College; New River Community and Technical College; Boone County Career and Technical Center; Wyoming County Vocational-Technical Center; Ralph R. Willis Career and Technical Center; McDowell County Career and Technology Center; Mingo County Vocational-Technical Center; Charles Yeager Technical Center; and other public vocational-technical schools offering post-secondary programs.
(8) Southeastern community and technical college district includes Raleigh, Summers, Fayette, Nicholas, Webster, Pocahontas, Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River Community and Technical College.
(B) Participating institutions include New River Community and Technical College; Southern West Virginia Community and Technical College; the Community and Technical College at West Virginia University Institute of Technology; Bluefield State College; Academy of Careers and Technology; Fayette Plateau Vocation-Technology Center; Summers County High School; Monroe County Technical Center; Mercer County Technical Center; and other public vocational-technical schools offering post-secondary programs.
(d) In the role of the facilitating institution of the community and technical college district, the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and technical college education in the region, which includes the seven areas of comprehensive community and technical college education delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed by all participating institutions in the region as to how community and technical college education will be delivered.
(e) Participating institutions are not subordinate to the facilitating institution but will sign the statement of commitment to participate.
(f) The council shall:
(1) Establish guidelines for community and technical college consortia development;
(2) Set goals for each consortium based upon legislative goals for the delivery of comprehensive community and technical college education; and
(3) Establish a format for development of a consortium compact outlining plans for achieving stated goals to be submitted to the council for approval on or before the fifteenth day of November, two thousand four.
(g) On or before the fifteenth day of November, two thousand four, each consortium shall submit to the council for approval a compact which outlines plans for obtaining the stated goals. Each compact shall include the implementation of seamless curricula and the West Virginia EDGE, Earn a Degree, Graduate Early Program, and be updated annually.
(h) The council annually shall evaluate the progress made in meeting the compact goals for each community and technical college consortia through the development and collection of performance indicator data.

§18B-3C-8. Process for achieving independently accredited community and technical colleges.

(a) ~~By the first day of July, two thousand five,~~ West Virginia shall ~~have a~~ continue the statewide network of independently accredited community and technical colleges serving every region of the state. This section does not apply to the free-standing community and technical colleges, Fairmont State University or West Virginia University at Parkersburg.
(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 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;
(2) That it is able to offer evidence to the satisfaction of the council 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 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. There is continued the statewide network of independently accredited community and technical colleges as outlined below:
(1) New River Community and Technical College. -
(A) There is continued the multicampus entity known as New River Community and Technical College, administratively linked to Bluefield State College. New River Community and Technical College is headquartered in the Beckley Higher Education Center and incorporates the campuses of Greenbrier Community College Center of New River Community and Technical College and Nicholas Community College Center of New River Community and Technical College. New River Community and Technical College shall be an independently accredited community and technical college. The council shall appoint an institutional board of advisors, pursuant to section one, article six of this chapter, for New River community and technical college which is separate from the institutional board of governors of Bluefield state college. The board of advisors shall become the board of governors pursuant to section one, article two-a of this chapter when the institution achieves independent accreditation.
(B) Bluefield State College may continue associate degree programs 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 through direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(C) Bluefield State College may continue the associate of science degree in nursing which is an existing nationally accredited associate degree program in an area of particular institutional strength and which is closely articulated to the baccalaureate program and mission. The program is of a high-cost nature and can best be provided through direct administration by a baccalaureate institution. This program may not be transferred to New River Community and Technical College or any other community and technical college as long as the program maintains national accreditation and is seamlessly coordinated into the baccalaureate program at the institution.
(D) By the first day of July, two thousand five, New River community and technical college shall be independently accredited. The president and the board of governors of Bluefield state college are responsible for obtaining independent accreditation of the community and technical college. If the multicampus entity known as New River community and technical college has not obtained independent accreditation by this date, the council 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.~~
(E) The president and the board of governors of Bluefield state college also are accountable to the council 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.
~~(F)~~ (D) As an independently accredited community and technical college, New River Community and Technical College also ~~shall serve~~ serves 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.
~~(G)~~ (E) New River Community and Technical College ~~shall participate~~ participates in the planning and development of a unified effort involving multiple providers to meet the documented education and workforce development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between Mountain State University, West Virginia University Institute of Technology and West Virginia University. 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.
~~(2)~~ ~~Fairmont state community and technical college. --~~ Fairmont state community and technical college is an independently accredited community and technical college. The community and technical college is developed on the base of the 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 council, 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. Fairmont state college may continue associate degree programs 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. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
~~(3)~~ (2) Marshall community and technical college. -- Marshall Community and Technical College is an independently accredited community and technical college. The new community and technical college is developed on the base of the 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 council, 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. Marshall University may continue associate degree programs 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. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
~~(4)~~ (3) ~~The community and technical college of Shepherd~~ Blue Ridge Community and Technical College. -- ~~The community and technical college of Shepherd shall become~~ Blue Ridge Community and Technical College is an independently accredited community and technical college. The new community and technical college is developed on the base of the component Community and Technical College of Shepherd ~~College~~ University. 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 council, 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~~ remains administratively linked to Shepherd ~~College~~ University. Shepherd ~~College~~ University may continue associate degree programs 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. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
~~(5)~~ (4) West Virginia State Community and Technical College. -- West Virginia State Community and Technical College ~~shall become~~ is an independently accredited community and technical college. The new community and technical college is developed on the base of the component Community and Technical College of West Virginia State ~~College~~ University. Subject to the provisions of this section, the president and the governing board of West Virginia State ~~College~~ University are responsible, according to a plan approved by the council, 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~~ University. West Virginia State ~~College~~ University may continue associate degree programs 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. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
~~(6)~~ (5) The Community and Technical College at West Virginia University Institute of Technology. -- The Community and Technical College at West Virginia University Institute of Technology is an independently accredited community and technical college. The new community and technical college is developed on the base of the 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. West Virginia University Institute of Technology may continue associate degree programs 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. Any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(d) For each administratively linked community and technical college which fails to achieve independent accreditation by the first day of July, two thousand five, the council shall choose one of the following options:
~~(1) Create the administratively linked institution as a freestanding community and technical college; or~~
~~(2) Assign the responsibility for obtaining independent accreditation to another state institution of higher education.~~
The president and the board of governors of each sponsoring institution is accountable to the council for ensuring that the community and technical college is able to meet the conditions for independent accreditation and adheres to the essential conditions pursuant to section three of this article.

§18B-3C-13. Blue Ridge Community and Technical College.

The Community and Technical College of Shepherd University is hereafter named "Blue Ridge Community and Technical College". Any reference in this code to the Community and Technical College of Shepherd University means Blue Ridge Community and Technical College.

ARTICLE 6. ADVISORY COUNCILS.

§18B-6-1. Institutional boards of advisors for regional campuses and certain administratively linked community and technical colleges.

(a) There is hereby continued or established institutional boards of advisors as follows:
(1) For each regional campus. The chairperson of the board of advisors of West Virginia University at Parkersburg serves as an ex officio, voting member of the governing board of West Virginia University;
(2) For administratively linked community and technical colleges which share a physical location with the sponsoring institution. This category includes ~~Fairmont state community and technical college,~~ Marshall Community and Technical College, West Virginia State Community and Technical College and the Community and Technical College at West Virginia University Institute of Technology. The chairperson of the board of advisors of each administratively linked community and technical college serves as an ex officio, voting member of the sponsoring institution's board of governors or, in the case of the Community and Technical College at West Virginia University Institute of Technology, the chairperson of the board of advisors serves as an ex officio voting member of the governing board of West Virginia University;
~~(3) For New River community and technical college and the community and technical college of Shepherd~~, until these institutions achieve independent accreditation. As long as New River community and technical college or the community and technical college of Shepherd retains a board of advisors and remains administratively linked to the baccalaureate institution, the chairperson of that board of advisors serves as an ex officio, voting member of the governing board of Bluefield state college or Shepherd college, respectively.
(b) The lay members of the institutional boards of advisors for the regional campuses are appointed by the board of governors.
(c) The lay members of the institutional boards of advisors established for the administratively linked community and technical colleges are appointed by the West Virginia Council for Community and Technical College Education.
(d) The board of advisors consists of fifteen members, including a full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective institution; a member of the student body in good academic standing, enrolled for college credit work and duly elected by the student body of the respective institution; a member from the institutional classified employees duly elected by the classified employees of the respective institution; and twelve lay persons appointed pursuant to this section who have demonstrated a sincere interest in and concern for the welfare of that institution and who are representative of the population of its responsibility district and fields of study. At least eight of the twelve lay persons appointed shall be residents of the state. Of the lay members who are residents of the state, at least two shall be alumni of the respective institution and no more than a simple majority may be of the same political party.
(e) The student member serves for a term of one year beginning ~~upon appointment in July, two thousand four, and ending on the thirtieth day of April, two thousand five. Thereafter the term shall begin~~ on the first day of May. The member from the faculty and the classified employees, respectively, serves for a term of two years beginning ~~upon appointment in July, two thousand four, and ending on the thirtieth day of April, two thousand five. Thereafter the term shall begin~~ on the first day of May; and the twelve lay members serve terms of four years each beginning ~~upon appointment in July, two thousand four. Thereafter, the term shall begin~~ on the first day of May. All members are eligible to succeed themselves for no more than one additional term. A vacancy in an unexpired term of a member shall be filled for the remainder of the unexpired term within thirty days of the occurrence thereof in the same manner as the original appointment or election. ~~Except in the case of a vacancy:~~
~~(1) Commencing in two thousand five, all elections shall be held and all appointments shall be made no later than the thirtieth day of April preceding the commencement of the term; and~~
~~(2) Terms of members begin on the first day of May following election, except for two thousand four only, terms begin upon appointment in July.~~
(f) Each board of advisors shall hold a regular meeting at least quarterly, commencing in May of each year. Additional meetings may be held upon the call of the chairperson, president of the institution or upon the written request of at least five members. A majority of the members constitutes a quorum for conducting the business of the board of advisors.
(g) One of the twelve lay members shall be elected as chairperson by the board of advisors in May of each year. ~~except that the chairperson elected in two thousand four shall be elected in July.~~ No member may serve as chairperson for more than two consecutive years.
(h) The president of the institution shall make available resources of the institution for conducting the business of the board of advisors. The members of the board of advisors shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties under this section upon presentation of an itemized sworn statement thereof. All expenses incurred by the boards of advisors and the institutions under this section shall be paid from funds allocated to the institutions for that purpose.
(i) Prior to the submission by the president to its governing board, the board of advisors shall review all proposals of the institution in the areas of mission, academic programs, budget, capital facilities and such other matters as requested by the president of the institution or its governing board or otherwise assigned to it by law. The board of advisors shall comment on each such proposal in writing, with such recommendations for concurrence therein or revision or rejection thereof as it considers proper. The written comments and recommendations shall accompany the proposal to the governing board and the governing board shall include the comments and recommendations in its consideration of and action on the proposal. The governing board shall promptly acknowledge receipt of the comments and recommendations and shall notify the board of advisors in writing of any action taken thereon.
(j) Prior to their implementation by the president, the board of advisors shall review all proposals regarding institution-wide personnel policies. The board of advisors may comment on the proposals in writing.
(k) The board of advisors shall provide advice and assistance to the president and the governing board in areas including, but not limited to, the following:
(1) Establishing closer connections between higher education and business, labor, government and community and economic development organizations to give students greater opportunities to experience the world of work. Examples of such experiences include business and community service internships, apprenticeships and cooperative programs;
(2) Communicating better and serving the current workforce and workforce development needs of their service area, including the needs of nontraditional students for college-level skills upgrading and retraining and the needs of employers for specific programs of limited duration; and
(3) Assessing the performance of the institution's graduates and assisting in job placement.
(l) When a vacancy occurs in the office of president of the institution, the board of advisors shall serve as a search and screening committee for candidates to fill the vacancy under guidelines established by the council. When serving as a search and screening committee, the board of advisors and its governing board are each authorized to appoint up to three additional persons to serve on the committee as long as the search and screening process is in effect. The three additional appointees of the board of advisors shall be faculty members of the institution. For the purposes of the search and screening process only, the additional members shall possess the same powers and rights as the regular members of the board of advisors, including reimbursement for all reasonable and necessary expenses actually incurred. Following the search and screening process, the committee shall submit the names of at least three candidates to the ~~council or to the governing board in the case of West Virginia university institute of technology, for consideration.~~ appropriate governing board. If the ~~council or~~ governing board rejects all candidates submitted, the committee shall submit the names of at least three additional candidates and this process shall be repeated until the ~~council or~~ governing board approves one of the candidates submitted. In all cases, the governing board shall make the appointment with the approval of the council or the commission in the case of West Virginia University Institute of Technology. The governing board or the council shall provide all necessary staff assistance to the board of advisors in its role as a search and screening committee.
(m) The boards of advisors shall develop a master plan for those administratively linked community and technical colleges which retain boards of advisors. The ultimate responsibility for developing and updating the master plans at the institutional level resides with the institutional board of advisors, but the ultimate responsibility for approving the final version of these institutional master plans, including periodic updates, resides with the council. The plan shall include, but not be limited to, the following:
(1) A detailed demonstration of how the master plan will be used to meet the goals and objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinates and projections necessary in such a plan to assure that the needs of the institution's area of responsibility for a quality system of higher education are addressed;
(3) Documentation of the involvement of the commission, institutional constituency groups, clientele of the institution and the general public in the development of all segments of the institutional master plan.
The plan shall be established for periods of not less than three nor more than six years and shall be revised periodically as necessary, including recommendations on the addition or deletion of degree programs as, in the discretion of the board of advisors, may be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the meanings specified unless the context clearly indicates a different meaning:
(a) "Advisory council of classified employees" or "classified council" means the state advisory organization of classified employees created pursuant to section five of this article.
(b) "Advisory council of faculty" or "faculty council" means the state advisory organization of faculty created pursuant to section two of this article.
(c) "Advisory council of students" or "student advisory council" means the state advisory organization of students created pursuant to section four of this article.
(d) "Classified employee", in the singular or plural, means any regular full-time or regular part-time employee of a governing board, the commission, the council or the West Virginia Network for Educational Telecomputing who holds a position that is assigned a particular job title and pay grade in accordance with the personnel classification system established by law.
(e) "Community and technical college" means Eastern West Virginia Community and Technical College, ~~Fairmont state community and technical college,~~ Marshall Community and Technical College, New River Community and Technical College, West Virginia Northern Community and Technical College, ~~the Community and Technical College of Shepherd~~ Blue Ridge Community and Technical College, Southern West Virginia Community and Technical College, West Virginia State Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology, West Virginia University at Parkersburg and any other community and technical college so designated by the Legislature.
(f) "Council" means the West Virginia Council for Community and Technical College Education created pursuant to section three, article two-b of this chapter.
(g) "Institutional classified employee council" or "staff council" means the advisory group of classified employees formed at a state institution of higher education pursuant to section six of this article.
(h) "Institutional faculty senate", "faculty senate" or "faculty assembly" means the advisory group of faculty formed at a state institution of higher education pursuant to section three of this article.
(i) "State institution of higher education", in the singular or plural, means the institutions as defined in section two, article one of this chapter and, additionally, ~~Fairmont state community and technical college,~~ Marshall Community and Technical College, New River Community and Technical College, Potomac State College of West Virginia University, Robert C. Byrd Health Sciences Charleston Division of West Virginia University, ~~the community and technical college of Shepherd~~ Blue Ridge Community and Technical College, West Virginia State Community and Technical College, West Virginia University at Parkersburg, West Virginia University Institute of Technology, the Community and Technical College at West Virginia University Institute of Technology, the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education, the West Virginia Network for Educational Telecomputing and any other institution so designated by the Legislature.
The bill (S. B. No. 792), as amended, was then ordered to engrossment and third reading.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 1, 2006, at 11 a.m.
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