WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FIFTY-NINTH DAY
____________
Charleston, W. Va., Friday, March 10, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Arnold Parkins, Ray Kinder, Bill Pauley and Kenneth Legg
proceeded in the singing of "In the Sweet By and By" and "Thank You
Lord for Your Blessings".
Pending the reading of the Journal of Thursday, March 9, 2006,
On motion of Senator Minear, 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 concurrence by that body in the passage, to take effect
September 1, 2006, of
Eng. Com. Sub. for Senate Bill No. 47, Prohibiting local
ordinances from discriminating against factory-built housing.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2006, and requested the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 53, Changing
ratio of school nurses to enrollment.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §18-5-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §18-9A-10a, all to read as
follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of council of
school nurses.
(a) County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and have the authority to take any other action necessary to
protect the pupils from infectious diseases, including the
authority to require from all school personnel employed in their
county, certificates of good health and of physical fitness.
(b) Each county board shall employ full time at least one
school nurse for every one thousand five hundred kindergarten through seventh grade pupils in net enrollment or major fraction
thereof: Provided, That each county shall employ full time at
least one school nurse: Provided, however, That a county board may
contract with a public health department for services considered
equivalent to those required by this section in accordance with a
plan to be approved by the state board: Provided further, That the
state board shall promulgate rules requiring the employment of
school nurses in excess of the number required by this section to
ensure adequate provision of services to severely handicapped
pupils. An appropriation may be made to the state department to be
distributed to county boards to support school health service needs
that exceed the capacity of staff as mandated in this section.
Each county board shall apply to the state superintendent for
receipt of this funding in a manner set forth by the state
superintendent that assesses and takes into account varying acuity
levels of students with specialized health care needs.
(c) Any person employed as a school nurse must be a registered
professional nurse properly licensed by the West Virginia Board of
Examiners for Registered Professional Nurses in accordance with
article seven, chapter thirty of this code.
(d) Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional may be
performed only by school nurses, other licensed school health care
providers as provided for in this section or school employees who
have been trained and retrained every two years who are subject to
the supervision and approval by school nurses. After assessing the health status of the individual student, a school nurse, in
collaboration with the student's physician, parents and in some
instances an individualized education program team, may delegate
certain health care procedures to a school employee who shall be
trained pursuant to this section, considered competent, have
consultation with and be monitored or supervised by the school
nurse: Provided, That nothing in this section prohibits any school
employee from providing specialized health procedures or any other
prudent action to aid any person who is in acute physical distress
or requires emergency assistance. For the purposes of this section
"specialized health procedures" means, but is not limited to,
catheterization, suctioning of tracheostomy, naso-gastric tube
feeding or gastrostomy tube feeding. "School employee" means
"teachers" as defined in section one, article one of this chapter
and "aides" as defined in section eight, article four, chapter
eighteen-a of this code. Commencing with the school year beginning
on the first day of July, two thousand two, "school employee" also
means "secretary I", "secretary II" and "secretary III" as defined
in section eight, article four, chapter eighteen-a of this code:
Provided, however, That a "secretary I", "secretary II" and
"secretary III" shall be limited to the dispensing of medications.
(e) Any school service employee who elects, or is required by
this section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board, shall receive additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: Provided, That any
training required in this section may be considered in lieu of
required in-service training of the school employee and a school
employee may not be required to elect to undergo the training or
retraining: Provided, however, That commencing with the first day
of July, one thousand nine hundred eighty-nine, any newly employed
school employee in the field of special education is required to
undergo the training and retraining as provided for in this
section: Provided further, That if an employee who holds a class
title of an aide is employed in a school and the aide has received
the training, pursuant to this section, then an employee in the
field of special education is not required to perform the
specialized health care procedures.
(f) Each county school nurse, as designated and defined by
this section, shall perform a needs assessment. These nurses shall
meet on the basis of the area served by their regional educational
service agency, prepare recommendations and elect a representative
to serve on the council of school nurses established under this
section.
(g) There shall be a council of school nurses which shall be
convened by the State Board of Education. This council shall
prepare a procedural manual and shall provide recommendations
regarding a training course to the Commissioner of the Bureau for
Public Health who shall consult with the State Department of
Education. The commissioner state board then has the authority to promulgate a rule in accordance with the provisions of article
three three-b, chapter twenty-nine-a of this code to implement the
training and to create standards used by those school nurses and
school employees performing specialized health procedures. The
council shall meet every two years to review the certification and
training program regarding school employees.
(h) The State Board of Education shall work in conjunction
with county boards to provide training and retraining every two
years as recommended by the council of school nurses and
implemented by the rule promulgated by the commissioner state
board.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10a. Allowance for student health services.
(a) The Legislature finds that the need for heath services has
grown over the years in the public schools, particularly with
respect to serving special needs students and regulations on the
administration of medications, and the existing statutorily
required ratio of one nurse for each one thousand five hundred
students in net enrollment in grades kindergarten through seven is
no longer adequate. The Legislature further finds that limits on
state funded professional personnel, required ratios for
instructional personnel and declining student population and
population density require county boards to make increasingly
difficult decisions with respect to the instructional personnel
employed in the classroom and those that provide health and other
services to students. Therefore, the intent of this section is to augment the funding of instructional personnel and to assure
improved health services for students by partially funding nurse
positions for certain counties as an intermediate step toward
improving instructional personnel staffing. The Legislature
intends to further examine the state basic foundation program in
context with the changing educational environment and address the
staffing and other needs of the public schools as may be indicated
through that examination.
(b) Commencing with the school year beginning on the first day
of July, two thousand six, notwithstanding any other provision of
this code to the contrary and not subject to nor counted toward the
respective ratios of professional and instructional personnel per
students in adjusted and net enrollment set forth in sections four
and five-a of this article, counties shall receive funding at the
state average contracted salary for nurses plus fixed charges,
retirement and the public employee insurance employer premium for
nurse positions as determined by applying a ratio of one nurse per
each one thousand five hundred students in net enrollment, or major
fraction thereof, in grades pre-kindergarten through twelve, less
existing nurses employed during the two thousand five-two thousand
six school year, to the extent funds are available.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 53--A Bill
to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §18-9A-10a, all relating to improving the capacity of
county boards of education to provide school health services;
authorizing contracting with health care agencies generally;
providing for distribution to counties of appropriations to support
service needs that exceed the established capacity; changing the
authorization for rule promulgation on the training and standards
for specialized health procedures performed by school personnel
from the Public Health Commissioner to the West Virginia Board of
Education; and increasing the number of nurses to meet the one to
fifteen hundred ratio established in code.
On motion of Senator Plymale, the following amendment to the
House of Delegates amendments to the bill was reported by the Clerk
and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 53--A Bill to
amend and reenact §18-5-22 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section,
designated §18-9A-10a, all relating to improving the capacity of
county boards of education to provide school health services;
providing for distribution to counties of appropriations to support
certain school health service needs; eliminating the authority of
the Commissioner of the Bureau for Public Health to promulgate a
rule to implement certain training and create certain standards and
giving that authority to the State Board of Education; and establishing an allowance for new nurse positions to the extent
funds are available.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 53, as amended, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 53) passed with its Senate
amended 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 53) takes effect July 1,
2006.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 211, Continuing Board of Professional
Surveyors.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 212, Continuing Board of Dental
Examiners.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. 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 motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page ten, section three-a, lines eighty-three through
eighty-five, by striking out the words "On and after the first day
of January, two thousand one, any person under the age of eighteen
who does not possess a junior or regular driver's license" and
inserting in lieu thereof the words "Any person under the age of
eighteen".
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the bill.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 219--A Bill
to amend and reenact §17B-1-1 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17B-2-3a of said code, all
relating to requirements pertaining to permits and licenses needed
to obtain a graduated driver's license; changing the expiration for
level one permits and level two licenses; prohibiting the use of a
handheld wireless communication device while driving by a minor
holding a level one instruction permit or a level two license; and
providing penalties for such violations.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the title of the bill and
requested the House of Delegates to recede therefrom.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 219, as amended, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 219) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 350, Authorizing Department
of Health and Human Resources promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 419, Providing Public Service Commission
jurisdiction for certain alternative sewer service methods.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §16-13A-25 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that §24-2-1 and §24-2-11 of
said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-25. Borrowing and bond issuance; procedure.
(a) Notwithstanding any other provisions of this article to
the contrary, a public service district may not borrow money, enter
into contracts for the provision of engineering, design or
feasibility studies, issue or contract to issue revenue bonds or
exercise any of the powers conferred by the provisions of section
thirteen, twenty or twenty-four of this article, without the prior
consent and approval of the Public Service Commission: Provided,
That approval of funding set forth in section eleven, article two,
chapter twenty-four of this code or this section is not required if
the funding is for a project which has received a certificate of
public convenience and necessity after eighth day of July, two
thousand five, from the commission and where the cost of the
project changes but the change does not affect the rates
established for the project.
(b) The Public Service Commission may waive the provision of
prior consent and approval for entering into contracts for engineering, design or feasibility studies pursuant to this section
for good cause shown which is evidenced by the public service
district filing a request for waiver of this section stated in a
letter directed to the commission with a brief description of the
project, a verified statement by the board members that the public
service district has complied with chapter five-g of this code, and
further explanation of ability to evaluate their own engineering
contract, including, but not limited to:
(1) Experience with the same engineering firm; or
(2) completion of a construction project requiring engineering
services. The district shall also forward an executed copy of the
engineering contract to the commission after receiving approval of
the waiver.
(c) An engineering contract that meets one or more of the
following criteria is exempt from the waiver or approval
requirements:
(1) A contract with a public service district that is a Class
A utility on the first day of April, two thousand three, or
subsequently becomes a Class A utility as defined by commission
rule;
(2) A contract with a public service district that does not
require borrowing a that can be paid out of existing rates;
(3) A contract where the payment of engineering fees are
contingent upon the receipt of funding, and commission approval of
the funding, to construct the project which is the subject of the
contract; or
(4) A contract that does not exceed fifteen thousand dollars.
(d) Requests for approval or waivers of engineering contracts
shall be deemed granted thirty days after the filing date unless
the staff of the Public Service Commission or a party files an
objection to the request. If an objection is filed, the Public
Service Commission shall issue its decision within one hundred
twenty days of the filing date. In the event objection is received
to a request for a waiver, the application shall be considered a
request for waiver as well as a request for approval in the event
of a waiver is not appropriate.
(e) Unless the properties to be constructed or acquired
represent ordinary extensions or repairs of existing systems in the
usual corse of business, a public service district must first
obtain a certificate of public convenience and necessity from the
Public Service Commission in accordance with the provision of
chapter twenty-four of this code, when a public service district is
seeking to acquire or construct public service property.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1. Jurisdiction of commission; waiver of jurisdiction.
(a) The jurisdiction of the commission shall extend to all
public utilities in this state and shall include any utility
engaged in any of the following public services:
Common carriage of passengers or goods, whether by air,
railroad, street railroad, motor or otherwise, by express or
otherwise, by land, water or air, whether wholly or partly by land, water or air; transportation of oil, gas or water by pipeline;
transportation of coal and its derivatives and all mixtures and
combinations thereof with other substances by pipeline; sleeping
car or parlor car services; transmission of messages by telephone,
telegraph or radio; generation and transmission of electrical
energy by hydroelectric or other utilities for service to the
public, whether directly or through a distributing utility;
supplying water, gas or electricity, by municipalities or others;
sewer systems servicing twenty-five or more persons or firms other
than the owner of the sewer systems: Provided, That if a public
utility intends to provide sewer service by an innovative,
alternative method, as defined by the Federal Environmental
Protection Agency, the innovative, alternative method is a public
utility function and subject to the jurisdiction of the Public
Service Commission regardless of the number of customers served by
the innovative, alternative method; any public service district
created under the provisions of article thirteen-a, chapter sixteen
of this code; toll bridges, wharves, ferries; solid waste
facilities; and any other public service: Provided, however, That
natural gas producers who provide natural gas service to not more
than twenty-five residential customers are exempt from the
jurisdiction of the commission with regard to the provisions of
such residential service: Provided however further, That upon
request of any of the customers of such natural gas producers, the
commission may, upon good cause being shown, exercise such
authority as the commission may deem appropriate over the operation, rates and charges of such producer and for such length
of time as the commission may consider to be proper: And provided
further, That the jurisdiction the commission may exercise over the
rates and charges of municipally operated public utilities is
limited to that authority granted the commission in section four-b
of this article: And provided further, That the decision-making
authority granted to the commission in sections four and four-a of
this article shall, in respect to an application filed by a public
service district, be delegated to a single hearing examiner
appointed from the commission staff, which hearing examiner shall
be authorized to carry out all decision-making duties assigned to
the commission by said sections, and to issue orders having the
full force and effect of orders of the commission.
(b) The commission may, upon application, waive its
jurisdiction and allow a utility operating in an adjoining state to
provide service in West Virginia when:
(1) An area of West Virginia cannot be practicably and
economically served by a utility licensed to operate within the
State of West Virginia;
(2) Said area can be provided with utility service by a
utility which operates in a state adjoining West Virginia;
(3) The utility operating in the adjoining state is regulated
by a regulatory agency or commission of the adjoining state; and
(4) The number of customers to be served is not substantial.
The rates the out-of-state utility charges West Virginia customers
shall be the same as the rate the utility is duly authorized to charge in the adjoining jurisdiction. The commission, in the case
of any such utility, may revoke its waiver of jurisdiction for good
cause.
(c) Any other provisions of this chapter to the contrary
notwithstanding:
(1) An owner or operator of an electric generating facility
located or to be located in this state that has been designated as
an exempt wholesale generator under applicable federal law, or will
be so designated prior to commercial operation of the facility, and
for which such facility the owner or operator holds a certificate
of public convenience and necessity issued by the commission on or
before the first day of July, two thousand three, shall be subject
to subsections (e), (f), (g), (h), (i) and (j), section eleven-c of
this article as if the certificate of public convenience and
necessity for such facility were a siting certificate issued under
said section and shall not otherwise be subject to the jurisdiction
of the commission or to the provisions of this chapter with respect
to such facility except for the making or constructing of a
material modification thereof as provided in subdivision (5) of
this subsection.
(2) Any person, corporation or other entity that intends to
construct or construct and operate an electric generating facility
to be located in this state that has been designated as an exempt
wholesale generator under applicable federal law, or will be so
designated prior to commercial operation of the facility, and for
which facility the owner or operator does not hold a certificate of public convenience and necessity issued by the commission on or
before the first day of July, two thousand three, shall, prior to
commencement of construction of the facility, obtain a siting
certificate from the commission pursuant to the provisions of
section eleven-c of this article in lieu of a certificate of public
convenience and necessity pursuant to the provisions of section
eleven of this article. An owner or operator of an electric
generating facility as is described in this subdivision for which
a siting certificate has been issued by the commission shall be
subject to subsections (e), (f), (g), (h), (i) and (j), section
eleven-c of this article and shall not otherwise be subject to the
jurisdiction of the commission or to the provisions of this chapter
with respect to such facility except for the making or constructing
of a material modification thereof as provided in subdivision (5)
of this subsection.
(3) An owner or operator of an electric generating facility
located in this state that had not been designated as an exempt
wholesale generator under applicable federal law prior to
commercial operation of the facility, that generates electric
energy solely for sale at retail outside this state or solely for
sale at wholesale in accordance with any applicable federal law
that preempts state law or solely for both such sales at retail and
such sales at wholesale, and that had been constructed and had
engaged in commercial operation on or before the first day of July,
two thousand three, shall not be subject to the jurisdiction of the
commission or to the provisions of this chapter with respect to such facility, regardless of whether such facility subsequent to
its construction has been or will be designated as an exempt
wholesale generator under applicable federal law: Provided, That
such owner or operator shall be subject to subdivision (5) of this
subsection if a material modification of such facility is made or
constructed.
(4) Any person, corporation or other entity that intends to
construct or construct and operate an electric generating facility
to be located in this state that has not been or will not be
designated as an exempt wholesale generator under applicable
federal law prior to commercial operation of the facility, that
will generate electric energy solely for sale at retail outside
this state or solely for sale at wholesale in accordance with any
applicable federal law that preempts state law or solely for both
such sales at retail and such sales at wholesale and that had not
been constructed and had not been engaged in commercial operation
on or before the first day of July, two thousand three, shall,
prior to commencement of construction of the facility, obtain a
siting certificate from the commission pursuant to the provisions
of section eleven-c of this article in lieu of a certificate of
public convenience and necessity pursuant to the provisions of
section eleven of this article. An owner or operator of an
electric generating facility as is described in this subdivision
for which a siting certificate has been issued by the commission
shall be subject to subsections (e), (f), (g), (h), (i) and (j),
section eleven-c of this article and shall not otherwise be subject to the jurisdiction of the commission or to the provisions of this
chapter with respect to such facility except for the making or
constructing of a material modification thereof as provided in
subdivision (5) of this subsection.
(5) An owner or operator of an electric generating facility
described in this subsection shall, before making or constructing
a material modification of the facility that is not within the
terms of any certificate of public convenience and necessity or
siting certificate previously issued for the facility or an earlier
material modification thereof, obtain a siting certificate for the
modification from the commission pursuant to the provisions of
section eleven-c of this article in lieu of a certificate of public
convenience and necessity for the modification pursuant to the
provisions of section eleven of this article and, except for the
provisions of section eleven-c of this article, shall not otherwise
be subject to the jurisdiction of the commission or to the
provisions of this chapter with respect to such modification.
(6) The commission shall consider an application for a
certificate of public convenience and necessity filed pursuant to
section eleven of this article to construct an electric generating
facility described in this subsection or to make or construct a
material modification of such electric generating facility as an
application for a siting certificate pursuant to section eleven-c
of this article if the application for the certificate of public
convenience and necessity was filed with the commission prior to
the first day of July, two thousand three, and if the commission has not issued a final order thereon as of that date.
(7) The limitations on the jurisdiction of the commission
over, and on the applicability of the provisions of this chapter
to, the owner or operator of an electric generating facility as
imposed by, and described in this subsection, shall not be deemed
to affect or limit the commission's jurisdiction over contracts or
arrangements between the owner or operator of such facility and any
affiliated public utility subject to the provisions of this
chapter.
§24-2-11. Requirements for certificate of public convenience and
necessity.
(a) No public utility, person or corporation shall begin the
construction of any plant, equipment, property or facility for
furnishing to the public any of the services enumerated in section
one, article two of this chapter, nor apply for, nor obtain any
franchise, license or permit from any municipality or other
governmental agency, except ordinary extensions of existing systems
in the usual course of business, unless and until it shall obtain
from the Public Service Commission a certificate of public
convenience and necessity authorizing such construction franchise,
license or permit.
(b) Upon the filing of any application for such certificate,
and after hearing, the commission may, in its discretion, issue or
refuse to issue, or issue in part and refuse in part, such
certificate of convenience and necessity: Provided, That the
commission, after it gives proper notice and if not protest is received within thirty days after the notice is given, may waive
formal hearing on the application. Notice shall be given by
publication which shall state that a formal hearing may be waived
in the absence of protest, made within thirty days, to the
application. The notice shall be published as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication area shall be the
proposed area of operation.
(c) Any public utility, person or corporation subject to the
provisions of this section shall give the commission at least
thirty days' notice of the filing of any such application for a
certificate of public convenience and necessity under this section:
Provided, That the commission may modify or waive the thirty-day
notice requirement and shall waive the thirty day notice
requirement for projects approved by the infrastructure and jobs
development council.
(d) The commission shall render its final decision on any
application filed under the provisions of this section or section
eleven-a of this article within two hundred seventy days of the
filing of the application and within ninety days after final
submission of any such application for decision following a
hearing.
(e) The commission shall render its final decision on any
application filed under the provisions of this section that has
received the approval of the Infrastructure and Jobs Development
Council pursuant to article fifteen-a, chapter thirty-one of this code, within one hundred eighty days after filing of the
application: Provided, That if a protest is received within thirty
days after the notice is provided pursuant to subsection (b), the
commission shall render its final decision within two hundred
seventy days of the filing of the application.
(f) If the projected total cost of a project which is the
subject of an application filed pursuant to this section or section
eleven-a of this article is greater than fifty million dollars, the
commission shall render its final decision on any such application
filed under the provisions of this section or section eleven-a of
this article within four hundred days of the filing of the
application and within ninety days after final submission of any
such application for decision after a hearing.
(g) If a decision is not rendered within the aforementioned
one hundred eighty days, two hundred seventy days, four hundred
days or ninety days, the commission shall issue a certificate fo
convenience and necessity as applied for in the application.
(h) The commission shall prescribe such rules as it may deem
proper for the enforcement of the provisions of this section; and,
in establishing that public convenience and necessity do exist, the
burden of proof shall be upon the applicant.
(i) Pursuant to the requirements of this section the
commission may issue a certificate of public convenience and
necessity to any intrastate pipeline, interstate pipeline, or local
distribution company for the transportation in intrastate commerce
of natural gas used by any person for one or more uses, as defined by rule, by the commission in the case of
(1) Natural gas sold by a producer, pipeline or other seller
to such person; or
(2) Natural gas produced by such person.
(j) A public utility, including a public service district,
which has received a certificate of public convenience and
necessity after the eighth day of July, two thousand five, from the
commission and has been approved by the infrastructure and jobs
development council, is not required to, and cannot be compelled
to, reopen the proceeding if the cost of the project changes but
the change does not effect the rates established for the project.
(k) Any public utility, person or corporation proposing any
electric power project that requires a certificate under this
section is not required to obtain such certificate before applying
for or obtaining any franchise, license or permit from any
municipality or other governmental agency.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 419--A Bill to amend and reenact §16-13A-
25 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §24-2-1 and §24-2-11 of said code, all relating to the
authority of the Public Service Commission; providing that an
innovative, alternative sewer service method provided by a public
utility is subject to the jurisdiction of the Public Service
Commission; modifying the review by the Public Service Commission of public convenience and necessity applications where the project
has been approved by Infrastructure and Jobs Development Council;
and providing that infrastructure and jobs development council
approved projects receiving a certificate of public convenience may
not be compelled to reopen.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 419, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 419) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 439, Strengthening one-call
system requirements for excavators' damage.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, section three, lines thirty-six and thirty-
seven, by striking out the words "went to the site but";
And,
On pages nine and ten, section five, lines ninety-eight
through one hundred five, by striking out all of subsection (e) and
inserting in lieu thereof a new subsection (e), to read as follows:
(e) Any person who fails to notify the one-call system prior
to performing any excavation or demolition, or fails to follow the
reporting provisions of this section, or who violates any other
provision of this section, shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five thousand
dollars.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 439, as
amended by the House of Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority 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. 439) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 443, Continuing hazardous waste
management fee.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page four, section twenty-two, line fifty-seven, by
striking out the word "eleven." and inserting in lieu thereof the
following: eight. The division shall, by the thirty-first day of
December of each year, report to the Joint Committee on Government
and Finance regarding moneys collected into the Hazardous Waste
Management Fee Fund and expenditures by the agency, including any
federal matching moneys received, and providing an accounting on the collection of the fee by type of permit activity, funds being
expended, and current and future projected balances of the fund.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 443, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 443) 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 443) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 484, Utilizing community corrections
programs in pretrial supervision.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 497, Repealing requirement nonresidents
post security for court costs.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 538, Relating to state employees'
deferred compensation plan.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section two, line thirty-nine, by striking out the word "of" and inserting in lieu thereof the word "or";
On page eleven, section eleven, lines five and six, by
striking out the following: Expenditures from the fund are
authorized from collections.;
On page twelve, section thirteen, line one, after the word
"right," by inserting the words "created pursuant to this
article,";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 538--A Bill to amend and reenact §5-10B-
1, §5-10B-2, §5-10B-3, §5-10B-4, §5-10B-5, §5-10B-9 and §5-10B-10
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto three new sections, designated §5-10B-11,
§5-10B-12 and §5-10B-13, all relating to government employees
deferred compensation plans; transferring responsibility for the
state employee deferred compensation plan to the State Treasurer on
the first day of July, two thousand six; authorizing political
subdivisions without plans to request the Treasurer include its
employees in the state plan; allowing political subdivision
employees to participate in the state plan; allowing political
subdivision employees to participate in the state plan when their
employer does not offer a plan; clarifying various powers and
requirements; authorizing employees to attend meetings called by
the state or public employer during regular working hours to
explain the plan; authorizing the state and public employers to charge fees for plan administration; clarifying liability;
establishing trust fund and administrative account in the State
Treasury; providing that information that would tend to disclose
the identity of a participating employee is exempt from disclosure
under the Freedom of Information Act; and protecting the moneys
from certain legal processes.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 538, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 538) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 556, Relating to state parks and
recreation system operational contracts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5. PARKS AND RECREATION.
§20-5-15. Authority to enter into certain operational contracts;
terms and conditions; necessity for legislative notice and
public hearing before certain
facilities are placed under
contract.
(a) When it is considered necessary by the The director to may
enter into a contract with a person, firm, corporation, foundation
or public agency for the operation of a commissary, restaurant,
recreational facility or other establishment within the state parks
and public recreational system, the contract shall be for a
duration not to exceed ten years, but the contract may provide for
an option to renew at the director's discretion for an additional
term or terms not to exceed ten years at the time of renewal.
Prior to initiating of a contract for the operation of a state park
lodge, cabin, campground, gift shop, golf facility, including pro
shop operations, or ski facility, the director shall submit written notice of the specific location which would be subject to the
contract to the Legislature by letter to the Senate President and
the Speaker of the House of Delegates. for its approval and
authorization: Provided, That for contracts for gift shops or golf
facilities in specific locations operated under contract on the
effective date of this section, and contracts for a duration of not
more than one year which provide for options to renew for not more
than five succeeding years, notice to the Joint Committee on
Government and Finance, but not specific legislative authorization
and approval, is required prior to execution of the contract.
(b) Prior to initiating a contract for a previously state-
operated state park lodge, cabin, campground, gift shop, golf
facility, including pro shop operations, or ski facility, the
director shall conduct a public hearing to be held at a reasonable
time and place within the county in which the facility is located.
Notice of the time, place and purpose of the public hearing shall
be provided as a Class II legal advertisement in accordance with
the provisions of section two, article three, chapter fifty-nine of
this code which notice shall be given at least for the first
publication twenty days in advance of said hearing.
(c) Any contract entered into by the director shall provide an
obligation upon the part of the operator that he or she maintain a
level of performance satisfactory to the director and shall further
provide that any contract may be terminated by the director in the
event he or she determines that the performance is unsatisfactory
and has given the operator reasonable notice of the termination.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 556--A Bill to amend and reenact §20-5-15
of the Code of West Virginia, 1931, as amended, relating to
operational contracts within the state parks and public
recreational system; removing the requirement of prior legislative
approval and authorization; and requiring legislative notice and
public hearings for certain contracts.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 556, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 556) passed with its House of Delegates amended 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 556) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 581, Amending definition of "person"
relating to motor fuel excise tax.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 609, Relating to time period for filing
senior citizens' property tax credit claim.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 626, Requiring annual personal income tax
withholding reconciliations.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1, 2006, of
Eng. Senate Bill No. 636, Relating to Court Security Fund's
administrative costs.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 693, Removing certain Court of Claims'
review procedures.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §14-2-18, §14-2-19 and §14-2-20 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-18. Advisory determination procedure.
The governor or the head of a state agency may refer to the
court for an advisory determination the question of the legal or
equitable status, or both, of a claim against the state or a state
agency. This procedure shall apply only to such claims as are
within the jurisdiction of the court. The procedure shall be substantially as follows:
(1) There shall be filed with the clerk, the record of the
claim including a full statement of the facts, the contentions of
the claimant, and such other materials as the rules of the court
may require. The record shall submit specific questions for the
court's consideration.
(2) The clerk shall examine the record submitted and if he .
If he or she finds that it is adequate under the rules, he or she
shall give a copy of all materials submitted to the Joint Committee
on Government and Finance. If the Joint Committee on Government
and Finance shall so direct, the clerk shall place the claim on a
special docket. If he the clerk finds the record inadequate, he or
she shall refer it back to the officer submitting it with the
request that the necessary additions or changes be made.
(3) When a claim is reached on the special docket, the court
shall prepare a brief opinion for the information and guidance of
the officer. The claim shall be considered informally and without
hearing. A claimant shall not be entitled to appear in connection
with the consideration of the claim.
(4) The opinion shall be filed with the clerk. A copy shall
be transmitted to the officer who referred the claim.
An advisory determination shall not bar the subsequent
consideration of the same claim if properly submitted by, or on
behalf of, the claimant. Such subsequent consideration, if
undertaken, shall be de novo.
14-2-19. Claims under existing appropriations.
A claim arising under an appropriation made by the Legislature
during the fiscal year to which the appropriation applies, and
falling within the jurisdiction of the court, may be submitted by:
(1) A claimant whose claim has been rejected by the state
agency concerned or by the state auditor.
(2) The head of the state agency concerned in order to obtain
a determination of the matters in issue.
(3) The state auditor in order to obtain a full hearing and
consideration of the merits.
The When such submittal is made, the clerk shall give a copy
of the submittal to the Joint Committee on Government and Finance.
If the Joint Committee on Government and Finance shall so direct,
the clerk shall place such claim on its docket. Upon its placement
on the docket, the regular procedure, so far as applicable, shall
govern the consideration of the claim by the court. If the court
finds that the claimant should be paid, it shall certify the
approved claim and award to the head of the appropriate state
agency, the State Auditor and to the Governor. The Governor may
thereupon instruct the auditor to issue his or her warrant in
payment of the award and to charge the amount thereof to the proper
appropriation. The auditor shall forthwith notify the state agency
that the claim has been paid. Such an expenditure shall not be
subject to further review by the auditor upon any matter determined
and certified by the court.
§14-2-20. Claims under special appropriations.
Whenever the Legislature makes an appropriation for the payment of claims against the state, then accrued or arising during
the ensuing fiscal year, the determination of claims and the
payment thereof may be made in accordance with this section.
However, this section shall apply only if the Legislature in making
its appropriation specifically so provides and only after specific
direction to hear the claim is given by the Joint Committee on
Government and Finance.
The claim shall be considered and determined by the regular or
shortened procedure, as the case may be, and the amount of the
award shall be fixed by the court. The clerk shall certify each
approved claim and award, and requisition relating thereto, to the
Auditor. The Auditor thereupon shall issue his or her warrant to
the Treasurer in favor of the claimant. The Auditor shall issue
his or her warrant without further examination or review of the
claim except for the question of a sufficient unexpended balance in
the appropriation.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 693--A Bill to amend and reenact §14-2-
18, §14-2-19 and §14-2-20 of the Code of West Virginia, 1931, as
amended, all relating to the Court of Claims; and requiring
direction of the Joint Committee on Government and Finance in
certain circumstances.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 693, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 693) passed with its House of Delegates amended 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 693) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 742, Revising Uniform
Commercial Code.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two hundred, section five hundred sixteen, line
seventy-three, after the word "fraudulent," by inserting the words
"or that an individual debtor and an individual secured party,
would appear to be the same individual on the financing statement
or that the individual debtor claims to be a transmitting utility,
without supporting documents,";
And,
On page two hundred one, section five hundred sixteen, line
eighty-eight, after the word "intimidation" by inserting the words
"or fraudulent intent".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 742, as
amended by the House of Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority 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. 742) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 760, Allowing former WVU School of Mines'
Director serve on Mine Inspectors' Examining Board.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 787, Creating Transportation Coordinating
Council.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
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 and §17-16D-4,
all to read as follows:
ARTICLE 16D. TRANSPORTATION COORDINATION.
§17-16D-1. Findings.
The Legislature finds that:
(1) The continuing development of infrastructure to support
all transportation needs is essential to the state's economic
development growth and to the benefit and well-being of all its
citizens;
(2) Enhancing access to transportation will improve the
mobility, employment opportunities and availability of community
services to citizens who are transportation disadvantaged;
(3) Both state and federal government have allocated millions
of dollars to fund transportation infrastructure within this state;
and
(4) The state's monetary resources earmarked for this purpose
may be used more efficiently and effectively through the creation
of strategies to increase current resources, eliminate duplicated
agency efforts and centralize the management of resources.
§17-16D-2. Transportation Coordinating Council created.
(a) The Transportation Coordinating Council is created within
the Department of Transportation.
(b) The following serve as ex officio members of the council,
with full voting privileges:
(1) The State Americans with Disabilities Coordinator;
(2) The Commissioner of the Bureau of Senior Services, or a
designee appointed by the commissioner;
(3) The Superintendent of the Department of Education, or a
designee appointed by the superintendent;
(4) The Executive Director of the West Virginia Workforce
Development Division, or a designee appointed by the executive
director;
(5) The Secretary of the Department of Transportation, or a
designee appointed by the secretary;
(6) The Commissioner of the Bureau for Public Health,
Department of Health and Human Resources, or a designee appointed
by the commissioner;
(7) The Commissioner of the Bureau for Medical Services, or a
designee appointed by the commissioner;
(8) The Commissioner of the Bureau for Children and Families,
or a designee appointed by commissioner;
(9) The Director of the Division of Rehabilitation Services,
or a designee appointed by the director;
(10) The Commissioner of the Bureau for Behavioral Health, or
a designee appointed by the commissioner; and
(11) The Chair of the Emergency Medical Services Advisory
Council, or his or her designee.
(c) The Governor, with the advice and consent of the Senate, shall appoint members as follows:
(1) A member representing private transportation providers;
(2) Two members representing the public transportation
community;
(3) A member representing the transportation providers'
community;
(4) Two members representing senior citizens; and
(5) Two members representing people with disabilities.
(d) The Governor, with the advice and consent of the Senate,
shall appoint a chair of the Transportation Coordinating Council.
(e) The members appointed by the Governor serve terms of three
years, except of the members initially appointed, two serve terms
of one year, three serve terms of two years and three serve terms
of three years, as designated by the Governor.
(f) Citizen 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.
§17-16D-3. Council responsibilities.
(a) The council shall study issues pertaining to the effective
and efficient use of transportation resources, including, but not
limited to, the following:
(1) Coordination of transportation services;
(2) Elimination of waste and overlap caused by duplicated
agency efforts; and
(3) Elimination of service gaps to enhance citizen access to all available transportation and resources.
(b) The council shall coordinate its efforts with the United
States Department of Transportation.
(c) The council shall participate in and apply for grants
though the federal United We Ride Initiative and other funding
sources available.
(d) The council shall consult with outside experts and receive
the testimony of the public during its regularly scheduled
meetings.
(e) The council shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, designed to implement a statewide
transportation plan and pilot projects.
(f) The council, in conjunction with the Department of Health
and Human Resources and the Division of Public Transit of the
Department of Transportation, shall prepare and develop a statewide
transportation plan. The plan shall include, without limitation, an
operational framework for coordinated statewide transportation,
recommendations for the implementation of the plan using funds
available for this purpose, the identification and discussion of
additional funds for this purpose, a discussion about goals,
viability, location and need for pilot projects, and recommended
time frames for implementing the plan. The council shall hold
public hearings and meetings with notice to receive public input
regarding the plan. The plan shall be a multiyear plan setting
forth the state's goals and initiatives for coordinating and providing transportation services, but may not include those
services provided by agencies licensed pursuant to the provisions
of article four-c, chapter sixteen of this code.
(g) The council is authorized to propose and develop pilot
projects, in conjunction with the Department of Health and Human
Resources, the Division of Public Transit and the United We Ride
Initiative, implementing cost-effective transportation services.
The council may not utilize transportation brokers in any pilot
projects developed pursuant to this subsection.
(h) The council may rely upon internal staff reports or the
advice of outside advisors or consultants and may procure the
services with the consent of the Secretary of Department of
Transportation. The council may also involve national, state and
local government leadership and other experts.
(i) The council shall report annually, on or before the first
day of December, to the Governor and the Joint Committee on
Government and Finance. The annual report shall include an
operating report, review of any pilot projects and a progress
report on the multiyear statewide transportation plan, together
with drafts of any legislation necessary for the implementation of
its plan.
§17-16D-4. 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 one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 787--A Bill to repeal §17-16C-4 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new article, designated §17-16D-1, §17-16D-2,
§17-16D-3 and §17-16D-4, all relating to the coordination of
transportation needs of the transportation disadvantaged; creating
a Transportation Coordinating Council within the Department of
Transportation; establishing its membership, responsibilities and
reporting requirements; and continuation of the Transportation
Coordinating Council.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 787, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 787) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 788, Relating to elections.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-46. Training program for election officials.
(a) The Secretary of State in conjunction with the State
Election Commission shall produce one or more audio-visual programs
which shall explain and illustrate the procedures for conducting
elections, the duties of the various election officials and the
methods of voting on each voting system in use in the state.
(b) One copy of the appropriate training program shall be
distributed to and kept and preserved by the clerk of the county
commission of each county. The program shall be shown to all
election officials before each election as part of their instructional program. The clerk of the county commission shall
conduct an adequate number of sessions to train all election
officials and shall schedule the regular sessions not less than
seven days before each election and shall notify all election
officials of the exact date, time and place such instructional
program will be conducted.
(c) No person shall may serve as an election commissioner or
poll clerk in any election unless he or she has attended such the
instructional program required by subsection (a) of this section.
A person to replace any If an election official who fails to attend
the instructional program, another person shall be appointed in the
election official's place in the same manner as persons are
appointed under the provisions of section thirty of this article to
replace election officials refusing to serve and the clerk of the
county commission shall conduct an additional instructional program
within the seven days prior to the election for any such person or
persons so appointed: Provided, That in cases of emergency when no
person who has attended the instructional program for that election
is available to fill a vacancy on the election board, the clerk of
the county commission may appoint such person as a commissioner or
poll clerk notwithstanding that such person has not received the
instruction.
(d) The requirements of this section shall apply to all
elections conducted by municipalities, except that the recorder or
municipal clerk responsible for the election shall perform the
duties of the clerk of the county commission defined herein in this section. The clerk of the county commission may assist the
recorder or municipal clerk in conducting the instructional
program.
(e) While such When the instructional program is not being
used by the clerk for instructional purposes, it shall be available
to any duly organized civic, religious, educational or charitable
group without charge, except that the clerk shall require a cash
deposit on such use in an amount to be determined by the secretary
of state.
(f) The Secretary of State shall cause such the instructional
program to be amended, edited or reproduced whenever he or she is
of the opinion such revision is necessary in light of changes in
the election laws of this state.
(g) No elected official shall may appear in such program
either in person or by visual image or by name.
(h) Every county clerk shall attend a training, to be
conducted by the Secretary of State every two years, for the
purpose of reviewing the election official training and receiving
updates on election law matters.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-5. Forms for application for registration; information
required and requested; types of application forms; notices.
(a) (1) All state forms for application for voter registration
shall be prescribed by the secretary of state and shall conform
with the requirements of 42 U. S. C. §1973gg, et seq., the National
Voter Registration Act of 1993 and the requirements of the provisions of this article. Separate application forms may be
prescribed for voter registration conducted by the clerk of the
county commission, registration by mail, registration in
conjunction with an application for motor vehicle driver's license
and registration at designated agencies. These forms may consist
of one or more parts, may be combined with other forms for use in
registration by designated agencies or in conjunction with driver
licensing and may be revised and reissued as required by the
secretary of state to provide for the efficient administration of
voter registration.
(2) Notwithstanding any provisions of subdivision (1) of this
subsection to the contrary, the federal postcard application for
voter registration issued pursuant to 42 U. S. C. §1973, et seq.,
the Uniformed and Overseas Citizens Absentee Voting Act of 1986,
and the mail voter registration application form prescribed by the
Federal Election Commission pursuant to 42 U. S. C. §1973gg, et
seq., the National Voter Registration Act of 1993, shall be
accepted as a valid form of application for registration pursuant
to the provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for
registration and an attestation that the applicant meets each
eligibility requirement;
(2) Any specific notice or notices required for a specific
type or use of application by 42 U. S. C. §1973gg, et seq., the
National Voter Registration Act of 1993;
(3) A notice that a voter may be permitted to vote the
partisan primary election ballot of a political party only if the
voter has designated that political party on the application for
registration unless the political party has determined otherwise;
(4) The last four digits of the applicant's social security
number or the applicant's driver's license number or if the
applicant does not have a driver's license, then the last four
digits of the applicant's social security number; and
(5) Any other instructions or information essential to
complete the application process.
(c) Each application form shall require that the following be
provided by the applicant, under oath, and any application which
does not contain each of the following shall be considered
incomplete:
(1) The applicant's legal name, including the first name,
middle or maiden name, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's residence address, including the number
and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the
provisions of 42 U. S. C. §1973ff, et seq., the Uniformed and
Overseas Citizens Absentee Voting Act, the address at which he or
she last resided before leaving the United States or entering the
uniformed services, or if a dependent child of such a person, the
address at which his or her parent last resided; and
(B) In the case of a homeless person having no fixed residence address who nevertheless resides and remains regularly within the
county, the address of a shelter, assistance center or family
member with whom he or she has regular contact or other specific
location approved by the clerk of the county commission for the
purposes of establishing a voting residence; and
(4) The applicant's signature, under penalty of perjury, as
provided in section thirty-six of this article to the attestation
of eligibility to register to vote and to the truth of the
information given.
(d) The applicant shall be requested to provide the following
information, but no application shall be rejected for lack of this
information:
(1) An indication whether the application is for a new
registration, change of address, change of name or change of party
affiliation;
(2) The applicant's choice of political party affiliation, if
any, or an indication of no affiliation: Provided, That any
applicant who does not enter any choice of political party
affiliation shall be listed as having no party affiliation on the
voting record;
(3) The applicant's residence mailing address if different
than the residence street address;
(4) The last four digits of the applicant's social security
number;
(5) The applicant's telephone number;
(6) The address at which the applicant was last registered to vote, if any, for the purpose of canceling or transferring the
previous registration; and
(7) The applicant's gender.
(e) The Secretary of State shall prescribe the printing
specifications of each type of voter registration application and
the voter registration application portion of any form which is
part of a combined agency form.
(f) Application forms prescribed in this section may refer to
various public officials by title or official position, but in no
case may the actual name of any officeholder be printed on the
voter registration application or on any portion of a combined
application form.
(g) No later than the first day of July of each odd-numbered
year, the Secretary of State shall submit the specifications of the
voter registration application by mail for statewide bidding for a
contract period beginning the first day of September of each
odd-numbered year and continuing for two calendar years. The
successful bidder shall produce and supply the required mail voter
registration forms at the contract price to all purchasers of the
form for the period of the contract.
§3-2-10. Application for registration by mail.
(a) Any qualified person may apply to register, change,
transfer or correct his or her voter registration by mail.
Application shall be made on a prescribed form as provided by
section five of this article.
(b) To the extent possible, with funds allocated annually for such purpose, the Secretary of State shall make state mail
registration forms available for distribution through governmental
and private entities and organized voter registration programs.
The Secretary of State shall make a record of all requests by
entities or organizations for ten two hundred or more forms with a
description of the dates and locations in which the proposed
registration drive is to be conducted. The Secretary of State
shall also require the entity or organization requesting the forms
to provide contact information on a form prescribed by the
Secretary of State. The Secretary of State may limit the
distribution to a reasonable amount per group.
(c) The clerk of the county commission shall provide up to
four mail registration forms to any resident of the county upon
request. To the extent possible with funds allocated annually for
the purpose, the clerk of the county commission shall make state
mail registration forms available for distribution through
organized voter registration programs within the county. The clerk
of the county commission shall make a record of all requests by
entities or organizations for ten or more forms with a description
of the dates and locations in which the proposed registration drive
is to be conducted. The clerk may limit the distribution to a
reasonable amount per group.
(d) The applicant shall provide all required information and,
only after completing the information, sign the prescribed
applicant's oath under penalty of perjury as provided in section
thirty-six of this article. No person may alter or add any entry or make any mark which would alter any material information on the
voter registration application after the applicant has signed the
oath: Provided, That the clerk of the county commission may
correct any entry upon the request of the applicant provided the
request is properly documented and the correction is dated and
initialed by the clerk.
(e) Completed applications shall be mailed or delivered to the
clerk of the county commission of the county in which the voter
resides. If a clerk receives a completed mail application form
from a voter whose residence address is located in another county,
the clerk shall forward that application within three days to the
clerk of the county commission of the county of the applicant's
residence.
(f) Upon receipt of the application for registration by the
appropriate clerk of the county commission, the clerk shall:
(1) Attempt to establish whether the residence address given
is within the boundaries of an incorporated municipality and, if
so, make the proper entry required for municipal residents to be
properly identified for municipal voter registration purposes; and
(2) Immediately begin the verification process required by the
provisions of section sixteen of this article.
(g) Any person who registers by mail pursuant to this section
and who has not previously voted in an election in the state or if
the statewide voter registration has not yet been implemented, the
voter has not previously voted in the county, shall be required to
present the following forms of identification to the Secretary of State or clerk of the county commission:
(1) In the case of an individual who votes in person, a
current and valid photo identification; or a copy of a current
utility bill, bank statement, government check, paycheck or other
government document that shows the name and address of the voter;
(2) In the case of an individual who votes by mail, submits
with the ballot a copy of a current and valid photo identification
or a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name
and address of the voter, submitted with the ballot.
(h) An individual who desires to vote in person or by mail,
but who does not meet the requirements of subsection (g) of this
section, may cast a provisional ballot.
(i) Subsection (g) of this section shall does not apply in the
case of a person:
(1) Who registers to vote by mail under 42 U. S. C. §1973gg-4,
et seq., and submits as part of his or her registration either a
copy of a current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck or
government document that shows the name and address of the voter;
(2) (A) Who registers to vote by mail under 42 U. S. C.
§1973gg-4, et seq., and submits with his or her registration either
a driver's license number or at least the last four digits of the
individual's social security number; and (B) with respect to whom
the Secretary of State or clerk of the county commission matches
the information submitted under paragraph (A) of this subdivision with an existing state identification record bearing the same
number, name and date of birth as provided in the registration; or
(3) Who is: (A) Entitled to vote by absentee ballot under 42
U. S. C. §1973ff-1, et seq., the Uniformed and Overseas Citizens
Absentee Voting Act; (B) provided the right to vote otherwise than
in person under 42 U. S. C. §1973ee-1(b)(2)(B)(ii); or 25 (iii),
section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly
and Handicapped Act; (C) entitled to vote otherwise than in person
under any other federal law: Provided, That any person who has
applied for an absentee ballot pursuant to the provisions of
subdivision (1), subsection (b), section one, article three of this
chapter; paragraph (B), subdivision (2) of said subsection;
subdivision (3) of said subsection; or subsection (c) of said
section shall may not have his or her ballot in that election
challenged for failure to appear in person or for failure to
present identification.
(j) Any person who submits a state mail voter registration
application to the clerk of the county commission in the county in
which he or she is currently registered for the purpose of entering
a change of address within the county, making a change of party
affiliation or recording a change of legal name shall not be
required to make his or her first vote in person or to present
identification or proof of age.
(k) On and after the first day of July, two thousand six, any
person who agrees to mail or to deliver a signed voter registration
application to the Secretary of State or the clerk of the county commission and who intentionally interferes with the applicant's
effort to register either by destroying the application or by
failing to mail or to deliver the application in a timely manner is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in a jail for
not more than one year, or both. For purposes of this subsection,
the mailing or delivery of an application is timely if it is mailed
or delivered within fifteen days after the applicant signs the
application or in accordance with the provisions of article two,
chapter three of this code for processing before the closing of the
registration records for the pending election, whichever comes
first.
(l) On or after the first day of July, two thousand six, any
person who intentionally solicits multiple registrations from any
one person or who intentionally falsifies a registration
application is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars, or
confined in jail for not more than one year, or both.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-8. Disposition and counting of absent voters' ballots.
(a) In counties using paper ballots, all absentee ballots
shall be processed as follows:
(1) The ballot boxes containing the absentee ballots shall be
opened in the presence of the clerk of the county commission and
two representatives of opposite political parties;
(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and
(3) Absentee ballots shall be delivered to the polls to be
opened and counted in accordance with section thirty-three, article
one of this chapter, section fifteen, article five of this chapter;
and section six, article six of this chapter. Disclosure of any
results before the voting has been closed and the precinct returns
posted on the door of the polling place shall be a per se violation
of the oath taken by the counting board. In all other counties,
counting is to begin immediately after closing of the polls.
(b) In the counties using punch card systems, the absentee
ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee
ballots shall be delivered to the central counting center and
opened in the presence of the clerk of the county commission and
two representatives of opposite political parties;
(2) The ballots shall be separated by precincts as stated on
the sealed envelopes containing the ballots; and
(3) The absentee ballots shall be counted in accordance with
section twenty-seven, article four-a of this chapter.
(c) (b) In counties using optical scan systems, the absentee
ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee
ballots shall be delivered to the central counting center and
opened in the presence of the clerk of the county commission and
two representatives of opposite political parties; and
(2) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.
(d) (c) In counties using direct recording elections systems,
the absentee ballots shall be counted in accordance with section
twenty-seven, article four-a of this chapter. as follows:
(1) On election day, the ballot boxes containing the paper
absentee ballots shall be delivered to the central counting center
and opened in the presence of the clerk of the county commission
and two representatives of opposite political parties; and
(2) Each absentee ballot shall be recorded on a direct
recording voting terminal designated by the clerk of the county
commission as the terminal for absentee tabulations, after being
read aloud by a separate team of two representatives of opposite
political parties; and
(3) The ballot shall be verified by both teams as being
accurately printed on the paper receipt before the ballot is
tabulated; and
(4) The appropriate election officials shall follow the
procedures set out in subsections (a), (b), (d) and (e), section
twenty-seven, article four-a of this chapter and subdivisions (3),
(4), (5) and (6), subsection (c) of said section.
(e) (d) The provisional ballots shall be deposited in a
provisional ballot envelope and delivered to the board of
canvassers.
(f) (e) Any election official who determines a person has
voted an absent voter's ballot and has also voted at the polls on
election day must report the fact to the prosecuting attorney of the county in which the votes were cast.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Certificate nominations; requirements and control;
penalties.
(a) Groups of citizens having no party organization may
nominate candidates for public office otherwise than by conventions
or primary elections. In the case, the candidate or candidates,
jointly or severally, shall file a declaration with the Secretary
of State if the office is to be filled by the voters of more than
one county, or with the clerk of the county commission of the
county if the office is to be filled by the voters of one county or
political subdivision thereof; the declaration to be filed at least
thirty days prior to the time of filing the certificate provided by
section twenty-four of this article: Provided, That the deadline
for filing the certificate for persons seeking ballot access as a
candidate for the office of President or Vice President shall be
filed not later than the first day of August preceding the general
election. At the time of filing of the declaration each candidate
shall pay the filing fee required by law, and if the declaration is
not so filed or the filing fee so paid, the certificate shall not
be received by the Secretary of State, or clerk of the county
commission, as the case may be.
(b) The person or persons soliciting or canvassing signatures
of duly qualified voters on the certificate or certificates, may
solicit or canvass duly registered voters residing within the
county, district or other political division represented by the office sought, but must first obtain from the clerk of the county
commission credentials which must be exhibited to each voter
canvassed or solicited, which credentials may be in the following
form or effect:
State of West Virginia, County of ................., ss:
This certifies that the holder of this credential is hereby
authorized to solicit and canvass duly registered voters residing
in .................... (here place the county, district or other
political division represented by the office sought) to sign a
certificate purporting to nominate ............................
(here place name of candidate heading list on certificate) for the
office of ......................... and others, at the general
election to be held on ..................., 20......
Given under my hand and the seal of my office this
................ day of ........................., 20......
.................................................
Clerk, County Commission of ............. County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein the canvass or solicitation is made by the person or
persons duly authorized. The signatures need not all be on one certificate. The number of signatures shall be equal to not less
than two percent of the entire vote cast at the last preceding
general election for the office in the state, district, county or
other political division for which the nomination is to be made,
but in no event shall the number be less than twenty-five. The
number of signatures shall be equal to not less than two percent of
the entire vote cast at the last preceding general election for any
statewide, congressional or presidential candidate, but in no event
shall the number be less than twenty-five. Where two or more
nominations may be made for the same office, the total of the votes
cast at the last preceding general election for the candidates
receiving the highest number of votes on each ticket for the office
shall constitute the entire vote. No signature on a certificate
shall be counted unless it be that of a duly registered voter of
the county, district or other political division represented by the
office sought wherein the certificate was presented.
(d) The certificates shall state the name and residence of
each of the candidates; that he or she is legally qualified to hold
the office; that the subscribers are legally qualified and duly
registered as voters and desire to vote for the candidates; and may
designate, by not more than five words, a brief name of the party
which the candidates represent and may adopt a device or emblem to
be printed on the official ballot. All candidates nominated by the
signing of the certificates shall have their names placed on the
official ballot as candidates, as if otherwise nominated under the
provisions of this chapter.
The Secretary of State shall prescribe the form and content of
the nomination certificates to be used for soliciting signatures.
The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating
certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) The Secretary of State, or the clerk of the county
commission, as the case may be, may investigate the validity of the
certificates and the signatures thereon. If, upon investigation,
there may be is doubt as to the legitimacy and the validity of the
certificate, he or she the Secretary of State may request ask the
Attorney General of the state, or the clerk of the county
commission may ask the prosecuting attorney of the county, to
institute a quo warranto proceeding against the nominee or nominees
by certificate to determine his or their her right to the
nomination to public office and upon request being made, the
Attorney General or prosecuting attorney shall institute the quo
warranto proceeding. The clerk of the county commission shall, at
the request of the Secretary of State or the clerk of the circuit
court, compare the information from any certificate to the county
voter registration records in order to assist in determining the
validity of any certificates.
(f) Any person violating the provisions of this section, in In addition to penalties prescribed elsewhere for violation of this
chapter, any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than one thousand dollars, or confined in jail for not more
than one year, or both, in the discretion of the court: Provided,
That no criminal penalty may be imposed upon anyone who signs a
nomination certificate and votes in the primary election held after
the date the certificate was signed.
§3-8-10. Use of certain contributions.
(a) After the first day of July, two thousand, Notwithstanding
any provision of this code to the contrary, amounts received by a
candidate as contributions that are in excess of any amount
necessary to defray his or her expenditures may be used:
(1) Used by the candidate to defray any ordinary and necessary
usual and customary expenses incurred in connection with his or her
duties as a holder of public office,;and
(2) may be contributed Contributed by the candidate, after the
general election, to any:
(A) Any charitable organization, or subsequent campaign by the
same candidate, without limitation;
(B) to any Any national committee in accordance with federal
requirements;
(C) Any state party executive committee or state party
legislative caucus committee, in an amount not to exceed fifteen
thousand dollars in a calendar year; or
(D) Any local committee of any political party or to any other candidate for public office, in accordance with the existing
limitations on contributions.
(b) The State Election Commission shall promulgate emergency
and legislative rules, in accordance with the provisions of chapter
twenty-nine-a of this code, to establish guidelines for the
administration of this section.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 788, as amended by the House of
Delegates, was then 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger,
White and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison, McKenzie, Sprouse, Weeks and
White--6.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 788) 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison, McKenzie, Sprouse, Weeks and
White--6.
Absent: None.
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. 788) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 790, Relating to workers' compensation
decision appeals.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 793, Making supplementary appropriation
from State Fund, General Revenue, to various accounts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That the total appropriation for the fiscal year ending the
thirtieth day of June, two thousand six, to fund 0195, fiscal year
2006, organization 0205, be supplemented and amended by increasing
an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF ADMINISTRATION
18--Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2006 Org 0205
General
Act-Revenue
ivityFunds
1Unclassified - Total - Transfer 402$117,804,500
The above appropriation for Unclassified - Total Transfer
(fund 0195, activity 402) shall be transferred to the West Virginia
Teachers' Retirement System Employers Accumulation fund (fund
2601).
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0430, fiscal
year 2006, organization 0601, be supplemented and amended by adding
thereto a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
61--Department of Military Affairs and Public Safety--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2006 Org 0601
General
Act-Revenue
ivityFunds
1aCapital Outlay (R) 511$10,000,000
The above appropriation shall be used for the construction of
the Kenneth "Honey" Rubenstein Center formerly known as the Davis
Juvenile Detention Center. This funding shall be expended only
after all other funding previously appropriated for the
construction of said facility has been expended.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0470, fiscal
year 2006, organization 0702, be supplemented and amended by
increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF REVENUE
76--Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2006 Org 0702
General
Act-Revenue
ivityFunds
1Personal Services (R)001$92,500
3Employee Benefits (R)010$36,075
4Unclassified (R)099$317,500
The purpose of this supplemental appropriation bill is to
supplement, amend, add and increase appropriations in the aforesaid
accounts for the designated spending units for expenditure during
the fiscal year two thousand six.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 793--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Administration - Consolidated
Public Retirement Board, fund 0195, fiscal year 2006, organization
0205, to the Department of Military Affairs and Public Safety -
Office of the Secretary, fund 0430, fiscal year 2006, organization
0601, and to the Department of Revenue - Tax Division, fund 0470,
fiscal year 2006, organization 0702, by supplementing and amending
the appropriations for the fiscal year ending the thirtieth day of
June, two thousand six.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 793, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 793) passed with its House of Delegates amended 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 793) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 794, Expiring funds to unappropriated
surplus balance State Fund, General Revenue, to various accounts
and making supplementary appropriation to various accounts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the balance of the funds available for expenditure in the
fiscal year ending the thirtieth day of June, two thousand six, to
the Joint Expenses, fund 0175, fiscal year 2005, organization 2300,
activity 642, be decreased by expiring the amount of five million
four hundred thousand dollars; to the State Department of
Education, fund 0313, fiscal year 2006, organization 0402, activity
097, be decreased by expiring the amount of one million dollars; to
the Tax Reduction and Federal Funding Increased Compliance Fund,
fund 1732, fiscal year 2006, organization 2300, be decreased by
expiring the amount of twenty-four million six hundred thousand
dollars; to the Board of Risk and Insurance Management - Premium
Tax Savings Fund, fund 2367, fiscal year 2006, organization 0218,
be decreased by expiring the amount of six million six hundred
twenty-nine thousand dollars; and to the Public Service Commission,
fund 8623, fiscal year 2006, organization 0926, be decreased by expiring the amount of one million two hundred fifty thousand
dollars to the unappropriated surplus balance of the State Fund,
General Revenue, to be available for appropriation during the
fiscal year two thousand six.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0131, fiscal
year 2006, organization 1400, be supplemented and amended by
increasing existing items of appropriation and adding new items of
appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
EXECUTIVE
10--Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2006 Org 1400
General
Act-Revenue
ivityFunds
7Unclassified - Surplus (R)097$985,500
12Predator Control - Surplus (R)65,000
20aJackson's Mill - Surplus (R)842500,000
20b4-H Camp Improvements - Surplus (R)600,000
Any unexpended balance remaining in the appropriation for
Predator Control - Surplus (fund 0131, activity ), Jackson's Mill -
Surplus (fund 0131, activity 842), and 4-H Camp Improvements -
Surplus (fund 0131, activity ) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year
2007.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0132, fiscal
year 2006, organization 1400, be supplemented and amended by
increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
EXECUTIVE
11--West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2006 Org 1400
General
Act-Revenue
ivityFunds
5Soil Conservation Projects -
Surplus (R)269$2,100,000
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0195, fiscal
2006, organization 0205, be supplemented and amended by increasing
an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF ADMINISTRATION
18-Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2006 Org 0205
General
Act-Revenue
ivityFund
1Unclassified - Total -
Transfer - Surplus 682$32,895,500
From the above appropriation for Unclassified - Total -
Transfer - Surplus (fund 0195, activity 682) shall be transferred
to the Consolidated Public Retirement Board - West Virginia
Teachers' Retirement System Employers Accumulation Fund (Fund
2601).
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0313, fiscal
year 2006, organization 0402 be supplemented and amended by adding
new items of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF EDUCATION
41--State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2006 Org 0402
General
Act-Revenue
ivityFunds
27aTransportation Costs - Surplus (R)$3,500,000
27bEducational Enhancements -
Surplus (R)4,000,000
Any unexpended balance remaining in the appropriation for
Transportation Costs - Surplus (fund 0313, activity ) and
Educational Enhancements - Surplus (fund 0313, activity ) at the
close of fiscal year 2006 is hereby reappropriated for expenditure
in fiscal year 2007.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0310, fiscal
year 2006, organization 0932, be supplemented and amended by
increasing an existing item of appropriation and adding a new item
of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF EDUCATION AND THE ARTS
51--State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2006 Org 0932
General
Act-Revenue
ivityFunds
1Personal Services - Surplus243$246,000
10Capital Outlay, Repairs and
10a Equipment - Surplus (R)677782,000
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0403, fiscal year 2006, organization 0511, be supplemented and amended by
increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF HEALTH AND
HUMAN RESOURCES
60--Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2006 Org 0511
General
Act-Revenue
ivityFunds
32Indigent Burials-Surplus (R)076$100,000
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0450, fiscal
year 2006, organization 0608, be supplemented and amended by
increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
67--Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49, 62)
Fund 0450 FY 2006 Org 0608
General
Act-Revenue
ivityFunds
1Unclassified - Surplus097$1,500,000
Any unexpended balance remaining in the appropriation for
Unclassified - Surplus (fund 0450, activity 097) at the close of
the fiscal year 2006 is hereby reappropriated for expenditure
during the fiscal year 2007.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand six, to fund 0582, fiscal
year 2006, organization 0807, be supplemented and amended by
increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF TRANSPORTATION
83--Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2006 Org 0807
General
Act-Revenue
ivityFunds
1Unclassified - Surplus (R)097$400,000
The purpose of this bill is to expire funds into the
unappropriated surplus balance in the state fund, general revenue,
and to supplement, amend, add, and increase items of appropriation
in the aforesaid accounts for the designated spending units for
expenditure during the fiscal year two thousand six.;
On page three, by striking out the first Whereas clause and
inserting in lieu thereof the following:
"Whereas, The Legislature finds that the account balance in
the Joint Expenses, fund 0175, fiscal year 2005, organization 2300,
activity 642, the State Department of Education, fund 0313, fiscal
year 2006, organization 0402, activity 097, the Tax Reduction and
Federal Funding Increased Compliance Fund, fund 1732, fiscal year
2006, organization 2300, the Board of Risk and Insurance Management
- Premium Tax Savings Fund, fund 2367, fiscal year 2006,
organization 0218, the Public Service Commission, fund 8623, fiscal
year 2006, organization 0926, exceeds that which is necessary for
the purposes for which the accounts were established; and";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 794--A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue,
for the fiscal year ending the thirtieth day of June, two thousand
six, in the amount of five million four hundred thousand dollars
from the Joint Expenses, fund 0175, fiscal year 2005, organization
2300, activity 642, in the amount of one million dollars from the
State Department of Education, fund 0313, fiscal year 2006,
organization 0402, activity 097, in the amount of twenty-four
million six hundred thousand dollars from the Tax Reduction and
Federal Funding Increased Compliance Fund, fund 1732, fiscal year
2006, organization 2300, in the amount of six million six hundred twenty-nine thousand dollars from the Board of Risk and Insurance
Management - Premium Tax Savings Fund, fund 2367, fiscal year 2006,
organization 0218, and in the amount of one million two hundred
fifty thousand dollars from the Public Service Commission, fund
8623, fiscal year 2006, organization 0926, and making a
supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated surplus
balance in the State Fund, General Revenue, to the Department of
Agriculture, fund 0131, fiscal year 2006, organization 1400, to the
West Virginia Conservation Agency, fund 0132, fiscal year 2006,
organization 1400, to the Consolidated Public Retirement Board,
fund 0195, fiscal year 2006, organization 0205, to the state
Department of Education, fund 0313, fiscal year 2006, organization
0402, to the State Board of Rehabilitation Services - Division of
Rehabilitation Services, fund 0310, fiscal year 2006, organization
0932, to the Division of Human Services, fund 0403, fiscal year
2006, organization 0511, to Division of Corrections - Correctional
Units, fund 0450, fiscal year 2006, organization 0608, and to the
Aeronautics Commission, fund 0582, fiscal year 2006, organization
0807, by supplementing and amending the appropriations for the
fiscal year ending the thirtieth day of June, two thousand six.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 794, as amended by the House of
Delegates, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 794) passed with its House of Delegates amended 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 794) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage as amended, of
Eng. House Bill No. 2136, Requiring the clerk of the county
commission to execute, record and post a disclaimer relating to
certain unlawful covenants.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2548, The Diabetes Care Plan
Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2947, Requiring payments for
delinquent real estate taxes submitted fourteen days prior to the
date of the sheriff's sale, be made by cashiers check, money order,
certified check or United States currency.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, to take effect from passage, of
Eng. House Bill No. 4075, Relating to the dedication of moneys
to the Regional Jail Partial Reimbursement Fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge
Community and Technical College.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. House Bill No. 4392, Continuing of the West Virginia
Conservation Agency.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. House Bill No. 4683, 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.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, of
Eng. House Bill No. 4774, Allowing the Secretary of State's
Office to amend it rule to allow for the sale of the code of state
rules.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4862--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public
Safety - Office of Emergency Services, fund 0443, fiscal year 2006,
organization 0606, by supplementing and amending the appropriations
for the fiscal year ending the thirtieth day of June, two thousand
six.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 73--Requesting the Joint
Committee on Government and Finance study the state of employee
misclassification in private sector industries of West Virginia.
Whereas, The existence of employee misclassification is a
concern for businesses and citizens in West Virginia; and
Whereas, The extent of employee misclassification is unknown;
and
Whereas, The implications of employee misclassification are
unknown; and
Whereas, Identifying the extent and implications of employee
misclassification may alleviate the concern of businesses and
citizens in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the state of employee misclassification in
private sector industries of West Virginia; 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.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 74--Designating May 19-21,
2006, as "Order of the Arrow Weekend" in the State of West
Virginia.
Whereas, Boy Scouts of America was incorporated in 1910 to
provide an educational program for boys and young adults, to build
character, to train in the responsibilities of participating
citizenship and to develop personal fitness; and
Whereas, The Order of the Arrow is the Boy Scouts of America's
National Honor Society; and
Whereas, The Order of the Arrow was founded by Dr. E. Urner
Goodman and Carroll A. Edson in 1915 at the Treasure Island Camp of
the Philadelphia Council of the Boy Scouts of America; and
Whereas, In 1948, the Order of the Arrow, recognized as the
Boy Scout's national brotherhood of honor campers, became an official part of the national camping program of the Boy Scouts of
America; and
Whereas, The purpose of the Order of the Arrow is fourfold:
To recognize those Scout campers who best exemplify the Scout oath
and law in their daily lives, to develop and maintain camping
traditions and spirit, to promote Scout camping and to crystallize
the Scout habit of helpfulness into a life purpose of leadership in
cheerful service to others; and
Whereas, The Order of the Arrow has more than 176,000 members
located in lodges affiliated with approximately 327 Boy Scouts of
America local councils; and
Whereas, Boy Scouts of America and the Order of the Arrow have
been beneficial to West Virginians, teaching young men values of
respect, responsibility and citizenship; and
Whereas, The annual Order of the Arrow Section C4-A Conference
will be held from May 19 through May 21, 2006, with participating
Order of the Arrow members from West Virginia and Ohio; and
therefore, be it
Resolved by the Legislature of West Virginia:
That May 19-21, 2006, be designated as "Order of the Arrow
Weekend" in the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates
send a certified copy of this resolution to the West Virginia State
Chapter of the Boy Scouts of America.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 77--Providing for naming West
Virginia Route 2, from Chester in Hancock County to Huntington in
Cabell County "The Purple Heart Memorial Trail".
Whereas, The Purple Heart was established by General George
Washington and is awarded to members of the armed forces of the
United States who are wounded or killed in any action against an
enemy; and
Whereas, West Virginians have led the nation per capita in
military service for the preservation of democracy, freedom,
liberty and justice; and
Whereas, Many brave men and women from across the nation have
been wounded while performing this most valuable community service;
and
Whereas, States across the nation are designating portions of
highways as part of a national Purple Heart Trail; and
Whereas, The West Virginia Legislature also wishes to honor
our Purple Heart recipients, distinguished veterans and national
heroes; therefore, be it
Resolved by the Legislature of West Virginia:
That West Virginia Route 2, from Chester in Hancock County to
Huntington in Cabell County be named "The Purple Heart Memorial
Trail"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "The
Purple Heart Memorial Trail" and to erect same along the section of
West Virginia Route 2 from Chester in Hancock County to Huntington
in Cabell County West Virginia.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 78--Requesting the West
Virginia Board of Education to establish a pilot program of
structured in-school alternatives to enforce the Student Code of
Conduct.
Whereas, Information presented by the Department of Education
to the interim Subcommittee on Alternative Education of Education
Subcommittee B disclosed that during the 2004-05 school year 36,923
students, or about 13 percent of the students enrolled, were
excluded from the classroom at least once for infractions of the
Student Code of Conduct and that 25,474 of these students, or about
nine percent of the students enrolled, were given at least one out-
of-school suspension and may have also been otherwise excluded from
the classroom for other infractions of the Student Code of Conduct;
and
Whereas, The Legislature finds that the Student Code of
Conduct is an essential tool for protecting a safe and productive
learning environment for all students; the Legislature also finds that an over-reliance on out-of-school suspensions and
nonstructured exclusions from the classroom to enforce the Student
Code of Conduct often contributes to a downward spiral of missed
instruction, growing misbehavior and failure for a large number of
those students who run afoul of the rules; and
Whereas, The Legislature finds that the enforcement of
discipline in the public schools is largely a local prerogative,
that the county school systems should have flexibility to implement
programs that meet the needs of their student population and that,
as a consequence, there is a wide variety among the counties in the
structure and scope of programs for students excluded from the
classroom; the Legislature also finds that the structure and scope
of these programs is often tempered by the availability of the
necessary resources, support systems, guidelines and program models
to implement effective programs that keep students in school and
engaged in the learning process; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Board of Education is hereby requested
to establish a pilot program of structured in-school alternatives
to enforce the Student Code of Conduct that includes, but is not
limited to, the following elements:
(1) The selection of four secondary schools from different
counties served by different Regional Education Service Agencies,
the selection of which shall be based upon indicators of the need
for improvement as demonstrated by large numbers of out-of-school
suspensions and other nonstructured exclusions from the regular classroom and low performance on other measures of student and
school performance and progress. The final selections shall be
made after consultation with the Legislative Oversight Commission
on Education Accountability;
(2) The design of in-school, structured alternatives for
enforcement of the Student Code of Conduct at the schools selected
which shall include both an instructional component and a
discipline improvement component through which the student may gain
readmittance to the regular classroom. The Board shall consult
with the Legislative Oversight Commission on Education
Accountability before implementation of the programs and may
propose variations in program design for the different schools to
appropriately meet their specific needs; and
(3) A method for monitoring the progress, evaluating the
success and reporting the results of the pilot program to the
Legislative Oversight Commission on Education Accountability.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 84--Requesting the Joint
Committee on Government and Finance to study the process of
granting and denying well work permits for the drilling of gas
wells near active coal mines.
Whereas, Well work permits are required by the code of the
State of West Virginia for any person to commence any well work within the State of West Virginia; and
Whereas, Well work permits to drill and extract gas are
essential to protect the health, welfare and safety of the citizens
of the State of West Virginia; and
Whereas, Well work permits protect the rights of businesses
participating in the coal and gas mining industry in the State of
West Virginia; and
Whereas, A review and study of the well work permit granting
process will ensure that every interested party's rights throughout
the permitting process are being considered and protected;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the process of granting and denying well work
permits for the drilling of gas wells near active coal mines; 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 the
drafts of any legislation necessary to effectuate its
recommendation; 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 the legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 85--Requesting the Joint
Committee on Government and Finance conduct a study to review,
study and examine the issues related to preserving the public
safety regarding dangerous animal attacks.
Whereas, Domestic animals often are reportedly friendly,
affectionate and well-behaved; and
Whereas, Domestic animals are vital to the economy of West
Virginia, including the hunting, farming and agricultural
industries; and
Whereas, Domestic animals are a valuable component of
law-enforcement and public safety agencies; and
Whereas, Domestic animals provide an indispensable service to
individuals with disabilities and special needs; and
Whereas, Domestic animals trained for such industries and
services are unlikely to pose a threat to the public safety; and
Whereas, Attacks may occur from a variety of animal breeds and
hybrids; and
Whereas, Serious and fatal attacks occur to the most
vulnerable members of society, which are children and the elderly;
and
Whereas, Some animal attacks are fatal, and those victims who
survive attacks are sometimes left permanently disfigured or
disabled; and
Whereas, There is often little recourse for the community when
domestic animals are suspected to be dangerous or threatening; and
Whereas, Several states and municipalities have enacted laws
to address the threat of attack by dangerous animals; and
Whereas, The interests of the public must be balanced with the
interests of animal owners, particularly those owners whose animals
have never displayed aggression or whose animals have been
specially trained to perform meaningful and significant services to
individuals or the public; and
Whereas, It is important to preserve the safety of communities
and individuals in contact with domestic animals, but likewise to
respect the rights of animal owners; and
Whereas, The Legislature finds that it is necessary to study
the issues regarding domestic animal attacks and explore remedies
for maintaining public safety while respecting the rights of animal
owners; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, study and examine the issues related to
preserving the public safety regarding dangerous animal attacks;
and, be it
Further Resolved, That the study shall consider: The
appropriate responsibilities of domestic animal owners; how to
determine when a domestic animal is a potential threat to public
safety; defining what constitutes an animal that is dangerous or a
threat to public safety; the appropriate response or treatment for an animal designated as dangerous or a potential threat to public
safety; and whether to apply any restrictions to animal breeds that
are determined to be inherently dangerous; and, be it
Further Resolved, That the scope of the study does not include
animals which are utilized in the hunting, farming, agriculture, or
personal or public service industries; 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.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 91--Requesting the Joint
Committee on Government and Finance to study proper and fitting
activities to honor Abraham Lincoln on the occasion of the
bicentennial anniversary of his birth.
Whereas, On February 12, 1809, Abraham Lincoln was born in
Hardin County, Kentucky, and rose to the presidency through a
legacy of honesty, integrity, intelligence and commitment to the United States; and
Whereas, Through a legacy of honesty, integrity, intelligence
and commitment to the United States, Abraham Lincoln became the
16th president of the United States; and
Whereas, Abraham Lincoln was the nation's most beloved leader,
demonstrating true courage during one of the greatest crisis in the
history of this nation, the Civil War; and
Whereas, With the belief that all men are created equal,
Abraham Lincoln signed the Emancipation Proclamation freeing slaves
in the United States; and
Whereas, Abraham Lincoln had a generous heart, with malice
toward none and with charity for all; and
Whereas, On December 31, 1862, President Abraham Lincoln
wrote, "I believe the admission of West Virginia into the Union is
expedient;" and
Whereas, On January 20, 1863, the Statehood Bill for West
Virginia was approved by President Abraham Lincoln; and
Whereas, Abraham Lincoln made the ultimate sacrifice for the
country he loved, dying from an assassin's bullet on April 15,
1865; and
Whereas, All West Virginians will benefit from studying the
life of Abraham Lincoln, for his life was a model for leadership
through honesty, integrity, loyalty and a lifetime of education;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study activities that may be carried out by the State
of West Virginia as fitting and proper to honor Abraham Lincoln on
the occasion of the bicentennial anniversary of his birth; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, the
activities that it considers most fitting and proper to honor
Abraham Lincoln on such occasion and the state agency or agencies
that it considers most appropriate to carry out such activities,
together with drafts of any legislation necessary to effectuate its
recommendation; 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.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 10th day of March, 2006, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 114), Relating to teen court program
fees.
And,
(S. B. No.627), Allowing facsimile signatures on tax liens.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
The Senate proceeded to the sixth order of business.
Senators Prezioso, Oliverio, Dempsey and Kessler offered the
following resolution:
Senate Concurrent Resolution No. 86--Requesting the State
Building Commission officially name the hospital building at the
John Manchin Sr. Health Care Center the "Nick Fantasia Building".
Whereas, Nicola "Nick" Fantasia, of Marion County, was born
January 3, 1923, the son of the late Louis and Rose DiGiancomo
Fantasia; and
Whereas, Nick Fantasia was an educator and principal in the
Marion County school system for more than 40 years; and
Whereas, Nick Fantasia served the citizens of Marion County
with pride and distinction as a member of the West Virginia House
of Delegates for 22 years; and
Whereas, Nick Fantasia was the founder of a family-owned radio
station and was a familiar voice of the "Italian Hour", which
broadcast for nearly 60 years; and
Whereas, Nick Fantasia actively participated in numerous civic
organizations and was a beloved member of his church; and
Whereas, Sadly, Nick Fantasia passed away September 12, 2005,
leaving behind a host of family and friends; and
Whereas, It is fitting that a tribute be established to honor
the memory and public service of Nick Fantasia for his many
contributions to his community and the State of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State Building
Commission officially name the hospital building at the John
Manchin Sr. Health Care Center the "Nick Fantasia Building"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
requested to forward a copy of this resolution to the State
Building Commission.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 87 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the annexation laws of
the State of West Virginia and of other states to develop
responsible and fair annexation alternatives to provide municipalities with the means to create more effective and
efficient governmental entities in the state while protecting the
interests of counties, businesses and residents whose areas are
sought to be annexed.
Whereas, Current annexation laws in West Virginia are
problematic and in need of clarification, especially in relation to
the absence of any population density requirements and adequate
cost/benefit analysis and election procedures; and
Whereas, Under current annexation laws there is no requirement
that the governing body of the municipality seeking to annex an
area meet any required conditions that exist in current law in
order for part of a county to be incorporated as a city initially;
and
Whereas, In the event that a municipality should be required
by legislative enactment to meet certain criteria or conditions
prior to annexation, the issue of whether or not the required
criteria has been met should be made reviewable by a circuit court;
and
Whereas, Annexation of an area normally results in significant
tax increases on individuals and businesses being annexed, and
annexation methods need to be constructed to be fair to all those
affected; and
Whereas, Some annexation methods allowed by law discourage
existing employers from remaining in West Virginia and discourage
new employers from locating in West Virginia, thereby hurting the
chances of West Virginians to find jobs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study annexation laws of the State of West Virginia
and of other states to develop responsible and fair annexation
alternatives to provide municipalities with the means to create
more effective and efficient governmental entities in this state
while protecting the interests of counties, residents and
businesses whose areas are sought to be annexed; 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 and
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 87) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 88 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance direct the Legislative
Oversight Commission on Health and Human Resources Accountability
study the feasibility of allowing administrative transfer of
payments to eligible individuals to transition from institutional
settings to community-based services.
Whereas, As many as 2,000 West Virginians with disabilities
currently live in nursing homes and have a desire to live in the
community; and
Whereas, Nursing homes may not be the most efficient way to
provide care and support; and
Whereas, Society would benefit if all citizens could, as much
as possible, live independently; and
Whereas, The concept of "money following the person" is a
national movement designed to lessen the reliance of states on
institutional provider models in fiscal preference to models of
community support; and
Whereas, West Virginia has a history of deinstitutionalization
and has demonstrated that "money following the person" is a viable and efficacious method of providing support through the closure of
the Colin Anderson Center and the movement of those residents to
the community; 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 to study the feasibility of
allowing administrative transfer of payments to eligible
individuals to transition from institutional settings to community-
based services; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability consult with
representatives of the Department of Health and Human Resources,
advocates of community-based support, the Statewide Independent
Living Council, the Olmstead Advisory Council, the Developmental
Disabilities Council and other interested groups or individuals in
studying the concept of "money following the person" to develop
policies to illustrate how the program can be rebalanced to
increase the use of home- and community-based support services and
enhance alternatives to institutional settings that consider the
quality of life and preference of eligible individuals; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability shall strive, in
conjunction with the Department of Health and Human Resources,
advocates of community-based support, the Statewide Independent
Living Council, the Olmstead Advisory Council, the Developmental Disabilities Council and other interested groups or individuals, to
develop strategies to eliminate barriers or mechanisms that prevent
or restrict, whether in state law or the state Medicaid plan, the
state to enable eligible individuals to receive support for
appropriate and necessary long-term services in the setting of
their choice; and, be it
Further Resolved, In its work on this issue, the Legislative
Oversight Commission on Health and Human Resources Accountability
shall remain mindful of federal fiscal limitations, financial and
personal needs, preferences and quality of life of those persons
transitioning to a community-based system and the impact on the
system as a whole; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the Joint
Committee on Government and Finance on or before the thirty-first
day of January, 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 88) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 89 (originating in the
Committee on Education)--Requesting the Joint Committee on
Government and Finance study the feasibility of establishing a
pilot teacher induction program in Jefferson, Berkeley, Morgan and
Hampshire counties.
Whereas, Retaining teachers is a challenge, especially in the
eastern panhandle counties of Jefferson, Berkeley, Morgan and
Hampshire; and
Whereas, One third of novice teachers leave the profession
during the first three years of employment; and
Whereas, Teachers who become a part of a professional learning
community are less likely to leave their positions and the
profession; and
Whereas, The goals of the pilot teacher induction program
should include increasing the retention of beginning teachers,
increasing the instructional effectiveness of beginning teachers and increasing the effectiveness of the beginning teacher mentoring
component; and
Whereas, The components of the pilot teacher induction program
should include local education agency activities, RESA III
activities, peer mentors and senior mentors, professional
development for senior and peer mentors, on-line resources and
networking for beginning teachers and mentors and professional
learning time for beginning teachers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of establishing a pilot teacher
induction program in Jefferson, Berkeley, Morgan and Hampshire
counties; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 89) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
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 Concurrent Resolution No. 90 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study beverage container recycling.
Whereas, In order for the State of West Virginia to meet the
requirements of the West Virginia Recycling Act, which mandates
recycling goals of 50 percent by January 1, 2010, it is imperative
that new opportunities for recycling be developed; and
Whereas, Beverage containers are the most valuable and
recyclable commodity in the waste stream and make up a significant
portion of the state's litter. The discarding of these containers
is an unnecessary addition to the state's litter problem and its
solid waste disposal system; and
Whereas, A deposit system for beverage containers, similar to
those in place in some other states, would place a small refundable
deposit on beverages sold in West Virginia which, in turn, could
reduce the volume of waste and litter, increase recycling opportunities, contribute to the existing recycling system and
create new jobs and wider employment in the recycling industry;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study beverage container recycling; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 90) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
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 Concurrent Resolution No. 91 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the need for a statewide greenhouse
gas emission and reduction inventory.
Whereas, Some greenhouse gases occur naturally in the
atmosphere, while others result from human activities. Naturally
occurring greenhouse gases include water vapor, carbon dioxide,
methane, nitrous oxide and ozone, and certain human activities add
to the levels of most naturally occurring gases; and
Whereas, Carbon dioxide is released into the atmosphere when
solid waste, fossil fuels and wood and wood products are burned;
and
Whereas, Methane is emitted during the production and
transportation of coal, natural gas and oil, decomposition of
organic wastes in solid waste landfills and raising of livestock;
and
Whereas, Nitrous oxide is emitted during agricultural and
industrial activities, as well as during combustion of solid waste
and fossil fuels; and
Whereas, Very powerful greenhouse gases that are not naturally
occurring include hydroflurocarbons (HFCs), perfluorocarbons (PFSs)
and sulfur hexafluroide (SF
6
) which are generated in a variety of
industrial processes; and
Whereas, Forests and vegetation act as sinks to help balance
this increase in greenhouse gases by consuming carbon dioxide
during photosynthesis; and
Whereas, Many states and nations are engaged in agreements and
processes to inventory greenhouse gases and effectuate an overall
reduction of greenhouse emissions; and
Whereas, The United States Environmental Protection Agency is
obtaining information on emissions inventories and sinks
nationwide; and
Whereas, It is in the best interest of the citizens of West
Virginia to have a better understanding of the state's position as
a net greenhouse gas emitter or a net sink; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need for a statewide greenhouse gas emission
and reduction inventory; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. C. R. No. 91) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
At the request of Senator Lanham, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate second reading calendar, Engrossed Committee Substitute for
House Bill No. 4100.
Senator Chafin also announced that in the same meeting, the
Committee on Rules had returned to the Senate calendar, on second
reading, Engrossed Committee Substitute for House Bill No. 4015,
under rule number seventeen of the Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 2, Requesting Joint Committee
on Government and Finance study post-construction stormwater
runoff.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study affordable housing for State
Police.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 50, Requesting Joint
Committee on Government and Finance study income adequacy.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 65, Requesting Joint
Committee on Government and Finance direct Legislative Oversight
Commission on Health and Human Resources Accountability study feasibility of subjecting state hospitals and long-term care
facilities to state rules and statutes.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 66, Requesting Joint
Committee on Government and Finance study employment process of
public school coaches.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 69, Requesting Joint
Committee on Government and Finance study voluntary farmland
protection programs.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Rules, were reported by the Clerk, considered simultaneously,
and adopted:
On pages one and two, by striking out all of the third Whereas clause;
And,
On page two, in the fourth Whereas clause, by striking out the
words "and has apparently failed to provide the necessary
assistance where the programs are being abused".
The question being on the adoption of the resolution (S. C. R.
No. 69), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 73, Requesting Joint
Committee on Government and Finance study legislation relating to
disposable contact lens antitrust litigation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 80, Requesting Joint
Committee on Government and Finance study all-terrain vehicle
safety regulations.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 84, Requesting Joint
Committee on Government and Finance study antibiotic resistance
health crisis.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 125, Budget bill.
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, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Harrison--1.
Absent: None.
So, a majority 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. 125) 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, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
Absent: None.
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. 125) 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. 795, Making supplementary appropriation
from State Fund, General Revenue, to Department of Military Affairs
and Public Safety, Office of Emergency Services.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 795) 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 795) 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. 2016, Increasing the maximum number of
magistrate court deputy clerks that may be appointed from sixty-two
to seventy-two.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2016) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2146, Relating to payment to
magistrates who serve temporarily outside their elected counties.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2146) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2328, Giving precedential
application to written advisory opinions issued by the ethics
commission's committee on open governmental meetings.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2328) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2328--A Bill to amend and
reenact §6-9A-11 of the Code of West Virginia, 1931, as amended,
relating to advisory opinions of the West Virginia Ethics
Commission Committee generally; and providing that reliance on a
written advisory opinion is an absolute defense in certain actions.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2329, Authorizing a court to order a
defendant to contribute monetarily or through hours of service to
a local crime victim's assistance program.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2329) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3201, Relating to the
compensation of secretary-clerks to family court judges.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3201) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4004, Relating to the use of
a traffic law photo-monitoring device to detect traffic law
violations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Senator Sprouse arose to a point of order that Engrossed
Committee Substitute for House Bill No. 4004 was in contravention
of article VI, section twenty of the Constitution which states in
part "No act hereafter passed shall embrace more than one object.
. . ."
Which point of order, the President ruled not well taken.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4004 pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White
and Tomblin (Mr. President)--26.
The nays were: Barnes, Caruth, Guills, Harrison, Love, Sprouse, Weeks and Yoder--8.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4004) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4007, Relating to updating appraisal
standards employed by the Public Land Corporation.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4007) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4018, Relating to the community
corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4018) 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4018) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4031, Relating to the
Purchasing Division of the Department of Administration.
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, Guills,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Sharpe, Weeks, White and
Tomblin (Mr. President)--25.
The nays were: Barnes, Boley, Caruth, Deem, Harrison, Minear,
Sprouse, Unger and Yoder--9.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4031) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4036, Relating to soliciting
or advocating murder, providing criminal penalties and specifying
that the offenses and penalties are cumulative to other offenses
and penalties.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4036) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4036--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-11-8a, relating to creating the offense of
solicitation to commit a felony crime of violence against the
person; defining terms; penalties; and defenses.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4108, Allowing an
osteopathic physician and surgeon to supervise up to three
physician assistants generally.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4108) passed.
The following amendment to the title of the bill, from the
Committee on Health and Human Resources, was reported by the Clerk
and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4108--A Bill to amend and
reenact §30-14A-1 of the Code of West Virginia, 1931, as amended,
relating to osteopathic physician assistants; allowing an
osteopathic physician and surgeon to supervise up to three
physician assistants generally; and providing for legislative and
emergency rule-making authority.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4112, Extending the time for the County
Commission of Mineral County, West Virginia, to meet as a levying body.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4112) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4112--A Bill to extend the time for the
County Commission of Mineral County to meet as a levying body for
the purpose of presenting to the voters of the county an election
for continuing excess levies to provide funding for volunteer fire
departments and the ambulance authority from between the seventh
and twenty-eighth days of March and the third Tuesday in April
until the third Tuesday in May, two thousand six.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4112) 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. 4116, Increasing the amount of timber that
can be sold on state Wildlife Management Areas, without sealed
bids, from $500 to $5,000.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4116) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4119, Creating the ATV
Responsibility Act.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4119) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4192, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4192) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4192--A Bill to amend and
reenact article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Military Affairs and
Public Safety and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing the State Fire Commission
to promulgate a legislative rule relating to the State Fire Code;
authorizing the State Fire Commission to promulgate a legislative
rule relating to the State Building Code; authorizing the State
Fire Commission to promulgate a legislative rule relating to the
certification of home inspectors; authorizing the State Fire
Commission to promulgate a legislative rule relating to standards
for the certification and continuing education of municipal, county
and other public sector building code officials, building code
inspectors and plans examiners; and authorizing the State Police to
promulgate a legislative rule relating to the West Virginia State
Police grievance procedure.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4192) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4276, Updating the
regulation of the practice of landscape architecture.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Weeks--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4276) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4279, Relating to the Massage Therapy Licensure Board.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4279) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4283, Providing a preference to West
Virginia veterans in the awarding of state contracts in the
competitive bidding process.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4283) passed.
At the request of Senator Hunter, as chair of the Committee on
Military, and by unanimous consent, the unreported Military
committee amendment to the title of the bill was withdrawn.
On motion of Senator Hunter, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4283--A Bill to amend and reenact §5A-3-37
and §5A-3-37a of the Code of West Virginia, 1931, as amended, all
relating to providing a two-percent preference on bids for certain
state and local government contracts to resident West Virginia
vendors who qualify for veteran status over nonveteran resident
vendors of contracts that do not exceed two hundred fifty thousand
dollars; providing that veteran status preference be in addition to
all other preferences; providing that entities asserting the
veteran preference shall certify the qualifications for the
preference; requiring that a resident veteran must own at least
fifty percent interest in a partnership, association or corporation
asserting the preference; and promulgation of rules.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4307, Extending the weekend driving
privileges of antique motor vehicles and motorcycles.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4307) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4313, Relating to petitions
of appeal of domestic violence emergency protective orders.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4313) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4321, Relating to definitions and
modifications of exemptions from notification and licensure with
respect to lead abatement.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4321) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4368, Relating to penalties imposed
against licensed wine sellers for ABC violations.
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, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Harrison--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4368) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4386, Ratifying the National Crime
Prevention and Privacy Compact.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4386) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4445, Permitting the Director of the
Division of Forestry to recover costs incurred in fighting fires.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4445) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4484, Extending the time for the county
commission of Marion County, West Virginia, to meet as a levying
body.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4484) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4484--A Bill to extend the time for the
County Commission of Marion County to meet as a levying body for
the purpose of presenting to the voters of the county an election
for continuing an excess levy to provide funding for vital public
services from between the seventh and twenty-eighth days of March and the third Tuesday in April until the first Thursday in June,
two thousand six.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4489, Testing of electronic
voting machines used for early voting in order to allow their use
on election day.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4489) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4510, Removing language requiring the
commission to maintain a registry and census of persons who are
deaf or hard of hearing.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4510) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4536, Improving competition
among telephone public utilities providing landline services.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4536) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 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 to business customers; limiting termination fees charged
by telephone public utilities for landline service to business
customers and providing method of computing termination fee; specifying how this act applies to existing landline business
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.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4550, Clarifying current law requiring
legislative approval of final designation of streams of special
concern.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4550) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4569, Extending the time for the county
commission of Harrison County, West Virginia, to meet as a levying body.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4569) 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4569) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4596, Relating to the
Director of the Office of Miners' Health, Safety and Training.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4596) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4606, Removing the requirement that
complaints against licensees under the Real Estate Licensing Act be
verified.
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, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4606) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4625, Extending certain
authority to professional personnel designee of school principal.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4625) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4625--A Bill
to amend and
reenact §18A-5-1 and §18A-5-1a of the Code of West Virginia, 1931,
as amended, all relating to authority over pupils and discipline;
and defining principal to include principal, assistant principal,
vice principal, administrative head of school or professional
personnel designee of school principal or administrative head.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4625) 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. 4632, Relating to employing homeland
security and emergency service personnel.
On third reading, coming up in regular order, with an
unreported Judiciary committee amendment pending, and with the
right having been granted on yesterday, Thursday, March 9, 2006,
for further amendments to be received on third reading, was
reported by the Clerk.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-15. Emergency service personnel.
(a) No person shall may be employed or associated in any
capacity in homeland security or any emergency service organization
established under this article who has been convicted of a felony
or who advocates or has advocated a change by force or violence in
the constitutional form of the government of the United States or
this state or the overthrow of any government in the United States
by force or violence or who has been convicted of or is under
indictment or information charging any subversive act against the
United States.
(b) Each person who is appointed to serve in an organization
for homeland security or emergency services shall undergo a
background check and shall, before entering upon his or her duties,
take an oath, in writing, before a person authorized to administer
oaths in this state, which shall be substantially as follows:
"I,_________________, do solemnly swear or affirm that I will support and defend the Constitution of the United States and the
Constitution of West Virginia against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation
or purpose of evasion; that I am not a convicted felon; and that I
will well and faithfully and competently discharge the duties upon
which I am about to enter.
"And I do further swear or affirm that I do not advocate, nor
am I a member of any political party or organization that
advocates, the overthrow of the government of the United States or
this state by force or violence; and that during such time as while
I am a member of the (name of organization) I will not advocate or
become a member of any political party or organization that
advocates the overthrow of the government of the United States or
this state by force or violence.
Having been engrossed, the bill (Eng. H. B. No. 4632), as just
amended, was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4632) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4651, Relating to continuing the statewide
poison center generally.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4651) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4694, Relating to abuse and
neglect of children.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4694) passed.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
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. Com. Sub. for House Bill No. 4694--A Bill
to amend and
reenact §49-1-3 of the Code of West Virginia, 1931, as amended; to
amend and reenact §49-5-3 of said code; and to amend and reenact
§49-6-2, §49-6-5 and §49-6-5b of said code, all
relating to abuse
and neglect of children; definition of battered parent;
consideration of factors associated with a battered parent in abuse
and neglect cases; petition to court; battered parent entitled to
an attorney; court determination of battered parent; providing treatment and assistance for battered parent; consideration of acts
or attempted acts of murder, voluntary manslaughter or unlawful or
malicious wounding with serious injury by one parent against other
parent in abuse and neglect cases; considering aggravating
circumstances of abuse, neglect or violent acts of parent in
temporary and permanent custody determinations when the acts are
committed against the other parent; considering aggravating
circumstances of abuse, neglect or violent acts of parent in
temporary and permanent custody determinations when the acts are
committed or against other children in the household or other
children under the parent's care or custody; department's
obligation to attempt to preserve the family when aggravating
circumstances exist; and definitions.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4721, Relating to the authorization of
special messengers appointed by the County Clerk to deliver the
ballot box to the central county center.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4721) 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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4721) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4790, Prescribing and
modifying the duties of the Secretary of the Department of Health
and Human Resources in child welfare placement.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4790) passed.
The following amendment to the title of the bill, from the
Committee on Health and Human Resources, was reported by the Clerk
and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4790--A Bill to repeal §49-
2B-17 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §49-2B-1, §49-2B-2, §49-2B-3, §49-2B-4, §49-2B-5, §49-
2B-6, §49-2B-7, §49-2B-8, §49-2B-9, §49-2B-10, §49-2B-11, §49-2B-
12, §49-2B-13, §49-2B-14, §49-2B-15 and §49-2B-16 of said code, all
relating to prescribing and modifying the duties of the Secretary
of the Department of Health and Human Resources in child welfare
placement; relating to authority to promulgate emergency rules
providing for voluntary registration of relative family child care
homes and informal family child care homes; defining terms;
updating statutory language; providing for a time study by the
Department of Health and Human Resources; modifying requirements related to child care placement in certain homes or facilities; and
repealing the section of the code concerning the establishment of
pilot day care programs.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4792, Authorizing the purchasing of
certain services from a bank or trust company or an affiliate of a
bank or trust company.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4792) passed.
At the request of Senator Minard, as chair of the Committee on
Banking and Insurance, and by unanimous consent, the unreported
Banking and Insurance committee amendment to the title of the bill
was withdrawn.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4842, Relating to the Skiing
Responsibility Act.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4842) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4854, Expert opinions of licensed
psychologists in the treatment and evaluation of children and
taking testimony of child witnesses.
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4854) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4854--A Bill to amend and reenact §62-6B-3
of the Code of West Virginia, 1931, as amended,
relating to
allowing expert opinions of licensed psychologists with at least
five years' clinical experience in treatment and evaluation of
children; and taking testimony of child witness through use of live
two-way closed circuit television.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules and a minority party
caucus,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had returned to the
Senate second reading calendar, Engrossed Committee Substitute for
House Bill No. 4100.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2118, Providing for
reimbursement to the bail bondsman for the amount of a forfeited
bond under certain circumstances.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 1C. BAIL.
§62-1C-12. Same -- Exoneration; return of deposit.
(a) When the condition of the bond has been satisfied or the
forfeiture thereof has been set aside or remitted, the court or
justice magistrate shall exonerate the surety and release any bail
and, if the bail be in a form other than a recognizance, the
deposit shall be returned to the person who made the same. The
surety may be exonerated by a deposit of cash in the amount of the
bail or by a timely surrender of the defendant into custody.
(b) Notwithstanding any provision of this code to the
contrary, when a bail bondsman, as defined in article ten, chapter fifty-one of this code, has a surety bond forfeited because of the
failure of a defendant to appear before a court or magistrate, that
bail bondsman shall be reimbursed the full amount of the bond
forfeiture, be it cash or surety, if the bail bondsman returns the
defendant to the custody of the court or magistrate, within two
years of the forfeiture of the bond.
(c) The Administrator of the West Virginia Supreme Court of
Appeals shall, ex officio, be empowered to audit, review and
suspend any bail bondsman whose surety on bonds is or becomes
insufficient or whose assets are below the amount of bonds he or
she has in existence.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2118) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2118) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 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; 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; and authorizing
the Administrator of the West Virginia Supreme Court to oversee
bondsmen and audit, review and suspend bondsmen who have
insufficient assets.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2235, Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy
clerks.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page nine, section nine-a, line six, by striking out the
word "sixty-two" and inserting in lieu thereof the word "seventy-
two".
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2235) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2235) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2306, Requiring that annual
reports be recorded on CD-Rom for distribution.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL
BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING
COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-23. Annual reports to be sent to the legislative librarian.
(a) Any office, agency, commission or board required by any
section of this code to provide an annual report to the Legislature, Legislative Manager, Legislative Auditor, the
President of the Senate and the Speaker of the House of Delegates
or the Joint Committee on Government and Finance shall submit the
report to the legislative librarian. All audit reports shall be
submitted to the Legislative Manager.
(b) Any office, agency, commission or board required by any
section of this code to provide an annual report may submit its
annual report on an electronic computer disc or CD-Rom to be filed
in the same manner as a printed annual report. Any report filed in
an electronic format shall be considered as having satisfied the
filing requirements.
The office, agency, commission or board shall
publish its annual report on its web site if it has web site.
(c) Any senator or delegate wanting to receive a copy of an
annual report shall submit a written request to the office, agency,
commission or board.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1. THE GOVERNOR.
§5-1-20. Reports to the Governor; form and contents; transmission
to the Legislature; special reports.
(a) The subordinate officers of the executive department and
the officers of all public institutions of the state shall make an
annual report to the Governor as soon as possible after the close
of each fiscal year, notwithstanding any other provision of law to the contrary. All state officers, boards, commissions, departments
and institutions required by law to make reports to the Governor,
the Legislature or any administrative board or state official shall
cover fiscal year periods and such reports shall be submitted in
typewritten form or any legible form produced by mechanical means.
(b) The Governor shall by executive order prescribe the
general contents of the reports to be submitted to him or her. The
form and format of the reports shall be as prescribed in section
twenty-eight, article three, chapter five-a of this code.
(c) The Governor shall transmit copies of the report to the
Legislature and lodge a copy of all such reports with the
Department of Archives and History where the same shall be kept as
permanent records. All annual reports to the Legislature shall be
submitted to the legislative librarian. Any senator or delegate
wanting to receive a copy of an annual report shall submit a
written request to the office, agency, commission or board.
(d) The Governor may at any time require information in
writing, under oath, from any officer, board, department or
commission of the executive department or the principal officer or
manager of any state institution, upon any subject relating to the
condition, management and expense of their respective offices or
institutions.
(e) Annual reports may be submitted on an electronic computer
disc or CD-Rom to be filed in the same manner as a printed annual
report. Any report filed in an electronic format shall be
considered as having satisfied the filing requirements.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-17. Annual reports.
(a) A licensing board organized under this chapter may submit
its annual report on an electronic computer disc or CD-Rom to be
filed in the same manner as a printed annual report. Any report
filed in an electronic format shall be considered as having
satisfied the filing requirements. The licensing board shall
publish its annual report on its web site if it has web site.
(b) Any senator or delegate wanting to receive a copy of an
annual report shall submit a written request to the office, agency,
commission or board.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2306) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2306) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2306--A Bill
to amend and
reenact §4-1-23 of the Code of West Virginia, 1931, as amended; to
amend and reenact §5-1-20 of said code; and to amend said code by
adding thereto a new section, designated §30-1-17, all relating to
permitting agency annual reports to be submitted on an electronic
computer disc or CD-Rom; and requiring legislators to submit
written requests for agency annual reports.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3119, Providing that the
Division of Natural Resources may not reduce the habitat land
acreage available for hunting and shooting.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Natural Resources, was reported by the Clerk and adopted:
On page two, lines two and three, by striking out the words
"wildlife management areas under its ownership" and inserting in
lieu thereof the words "all of its lands".
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3119) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3119) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3213, Creating the offenses
of malicious assault, unlawful assault, battery and recidivism of
battery, assault on a driver, conductor, captain or other person in
charge of any vehicle used for public conveyance.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3295, Increasing certain fees charged to
collect delinquent taxes.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page four, section two, line twenty-five, after the word
"redemption." by inserting the following: Payment received within
fourteen business days prior to the date of sale must be paid by cashier check, money order, certified check or United States
currency.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 3295) was then
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 3295) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4015, Relating to funding of
the Revenue Shortfall Reserve Fund.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §4-11A-2 and §4-11A-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; that §11B-2-20 of said code
be amended and reenacted; and that §33-20F-4 of said code be
amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT
FUNDS.
§4-11A-2. Receipt of settlement funds and required deposit in West
Virginia Tobacco Settlement Medical Trust Fund until the first
day of June, two thousand five, then to Workers' Compensation
Debt Reduction Fund; deposit of strategic compensation
payments; transfer of trust fund moneys.
(a) The Legislature finds and declares that certain dedicated
revenues should be preserved in trust for the purpose of
stabilizing the state's health-related programs and delivery systems. It further finds and declares that these dedicated
revenues should be preserved in trust for the purpose of educating
the public about the health risks associated with tobacco usage and
establishing a program designed to reduce and stop the use of
tobacco by the citizens of this state and in particular by
teenagers.
(b) There is hereby created a special account in the State
Treasury, designated the "West Virginia Tobacco Settlement Medical
Trust Fund", which shall be an interest-bearing account and may be
invested in the manner permitted by section nine, article six,
chapter twelve of this code, with the interest income a proper
credit to the fund. Unless contrary to federal law, fifty percent
of all revenues received pursuant to the master settlement
agreement shall be deposited in this fund. Funds paid into the
account may also be derived from the following sources:
(1) All interest or return on investment accruing to the fund;
(2) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation;
(3) Any appropriations by the Legislature which may be made
for this purpose; and
(4) Any funds or accrued interest remaining in the Board of
Risk and Insurance Management physicians' mutual insurance company
account created pursuant to section seven, article twenty-f,
chapter thirty-three of this code on or after the first day of
July, two thousand four.
(c) (1) The moneys from the principal in the trust fund may
not be expended for any purpose, except that on the first day of
April, two thousand three, the Treasurer shall transfer to the
Board of Risk and Insurance Management physicians' mutual insurance
company account created by section seven, article twenty-f, chapter
thirty-three of this code twenty-four million dollars from the West
Virginia Tobacco Settlement Medical Trust Fund for use as the
initial capital and surplus of the physicians' mutual insurance
company created pursuant to said article. The remaining moneys in
the trust fund resulting from interest earned on the moneys in the
fund and the return on investments of the moneys in the fund shall
be available only upon appropriation by the Legislature as part of
the state budget and expended in accordance with the provisions of
section three of this article.
(2) Notwithstanding any other provision of this code to the
contrary, on the effective date of the amendment and reeanactment
of this section during the regular session of the Legislature in
two thousand six, all moneys in the trust fund and any interest or
other return earned thereon shall be transferred to the Revenue
Shortfall Reserve Fund - Part B created in section twenty, article
two, chapter eleven-b of this code and the trust fund shall be
closed. No provisions of the amendments made to this section
during the regular session of the Legislature in two thousand six
may be construed to change the requirements of this section for the
deposit of revenues received pursuant to the tobacco master
settlement agreement into the Workers' Compensation Debt Reduction Fund.
(d) Notwithstanding the preceding subsections to the contrary,
the first thirty million dollars of all revenues received after the
thirtieth day of June, two thousand five, pursuant to section
IX(c)(1) of the tobacco master settlement agreement shall in the
fiscal year beginning the first day of July, two thousand five, and
each fiscal year thereafter, be deposited in the Workers'
Compensation Debt Reduction Fund established in the State Treasury
in section five, article two-d, chapter twenty-three of this code.
Receipts in excess of thirty million dollars shall be deposited as
into the Tobacco Settlement Fund provided in section three of this
article.
(e) Notwithstanding anything in this code to the contrary,
strategic compensation payments received pursuant to section
IX(c)(2) of the tobacco master settlement agreement, beginning in
two thousand eight, shall be deposited in their entirety in the
Workers' Compensation Debt Reduction Fund.
§4-11A-3. Receipt of settlement funds and required deposit in the
West Virginia Tobacco Settlement Fund.
(a) There is hereby created in the State Treasury a special
revenue account, designated the Tobacco Settlement Fund, which
shall be an interest-bearing account and may be invested in the
manner permitted by the provisions of article six, chapter twelve
of this code, with the interest income a proper credit to the fund.
Unless contrary to federal law, fifty percent of all revenues
received pursuant to the master settlement agreement shall be deposited in this fund. These funds shall be available only upon
appropriation by the Legislature as part of the state budget:
Provided, That for the fiscal year two thousand, the first five
million dollars received into the fund shall be transferred to the
Public Employees Insurance Reserve Fund created in article two,
chapter five-a of this code.
(b) Appropriations from the Tobacco Settlement Fund are
limited to expenditures for the following purposes:
(1) Reserve funds for continued support of the programs
offered by the Public Employees Insurance Agency established in
article sixteen, chapter five of this code;
(2) Funding for expansion of the federal-state Medicaid
program as authorized by the Legislature or mandated by the federal
government;
(3) Funding for public health programs, services and agencies;
and
(4) Funding for any state-owned or -operated health
facilities.
(c) Notwithstanding the provisions of section two, article
two, chapter twelve of this code, moneys within the tobacco
settlement trust fund may not be redesignated for any purpose other
than those set forth in this section.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-20. Reduction of appropriations; powers of Governor;
Revenue Shortfall Reserve Fund and permissible expenditures therefrom.
(a) Notwithstanding any provision of this section, the
Governor may reduce appropriations according to any of the methods
set forth in sections twenty-one and twenty-two of this article.
The Governor may, in lieu of imposing a reduction in
appropriations, request an appropriation by the Legislature from
the Revenue Shortfall Reserve Fund established in this section.
(b) A Revenue Shortfall Reserve Fund is hereby continued
within the State Treasury. The Revenue Shortfall Reserve Fund
shall be funded as set forth in this subsection from surplus
revenues, if any, in the State Fund, General Revenue, as the
surplus revenues may accrue from time to time. Within sixty days
of the end of each fiscal year, the secretary shall cause to be
deposited into the Revenue Shortfall Reserve Fund the first fifty
percent of all surplus revenues, if any, determined to have accrued
during the fiscal year just ended. The Revenue Shortfall Reserve
Fund shall be funded continuously and on a revolving basis in
accordance with this subsection up to an aggregate amount not to
exceed five ten percent of the total appropriations from the State
Fund, General Revenue, for the fiscal year just ended. If at the
end of any fiscal year the Revenue Shortfall Reserve Fund is funded
at an amount equal to or exceeding five ten percent of the state's
General Revenue Fund budget for the fiscal year just ended, then
there shall be no further obligation of the secretary under the
provisions of this section to apply any surplus revenues as set
forth in this subsection until that time the Revenue Shortfall Reserve Fund balance is less than five ten percent of the total
appropriations from the State Fund, General Revenue.
(c) Not earlier than the first day of November of each
calendar year, if the state's fiscal circumstances are such as to
otherwise trigger the authority of the Governor to reduce
appropriations under this section or section twenty-one or twenty-
two of this article, then in that event the Governor may notify the
presiding officers of both houses of the Legislature in writing of
his or her intention to convene the Legislature pursuant to article
VI, section nineteen of the Constitution of West Virginia for the
purpose of requesting the introduction of a supplementary
appropriation bill or to request a supplementary appropriation bill
at the next preceding regular session of the Legislature to draw
money from the surplus Revenue Shortfall Reserve Fund to meet any
anticipated revenue shortfall. If the Legislature fails to enact
a supplementary appropriation from the Revenue Shortfall Reserve
Fund during any special legislative session called for the purposes
set forth in this section or during the next preceding regular
session of the Legislature, then the Governor may proceed with a
reduction of appropriations pursuant to sections twenty-one and
twenty-two of this article. Should any amount drawn from the
Revenue Shortfall Reserve Fund pursuant to an appropriation made by
the Legislature prove insufficient to address any anticipated
shortfall, then the Governor may also proceed with a reduction of
appropriations pursuant to sections twenty-one and twenty-two of
this article.
(d) Upon the creation of the fund, the Legislature is
authorized and may make an appropriation from the Revenue Shortfall
Reserve Fund for revenue shortfalls, for emergency revenue needs
caused by acts of God or natural disasters or for other fiscal
needs as determined solely by the Legislature.
(e) Prior to the thirty-first day of October, in any fiscal
year in which revenues are inadequate to make timely payments of
the state's obligations, the Governor may by executive order, after
first notifying the presiding officers of both houses of the
Legislature in writing, borrow funds from the Revenue Shortfall
Reserve Fund. The amount of funds borrowed under this subsection
shall not exceed one and one-half percent of the general revenue
estimate for the fiscal year in which the funds are to be borrowed,
or the amount the Governor determines is necessary to make timely
payment of the state's obligations, whichever is less. Any funds
borrowed pursuant to this subsection shall be repaid, without
interest, and redeposited to the credit of the Revenue Shortfall
Reserve Fund within ninety days of their withdrawal.
(f) There is hereby created in the State Treasury the "Revenue
Shortfall Reserve Fund - Part B". The Revenue Shortfall Reserve
Fund - Part B shall consist of moneys transferred from the West
Virginia Tobacco Settlement Medical Trust Fund pursuant to the
provisions of section two, article eleven-a, chapter four of this
code, repayments made of the loan from the West Virginia Tobacco
Settlement Medical Trust Fund to the physician's mutual insurance
company pursuant to the provisions of article twenty-f, chapter thirty-three of this code, and all interest and other return earned
on the moneys in the Revenue Shortfall Reserve Fund - Part B.
Moneys in the Revenue Shortfall Reserve Fund - Part B may be
expended solely for the purposes set forth in subsection (d) of
this section, subject to the following conditions:
(1) No moneys in the Revenue Shortfall Reserve Fund - Part B
nor any interest or other return earned thereon may be expended for
any purpose unless all moneys in the Revenue Shortfall Reserve Fund
described in subsection (b) of this section have first been
expended, except that the interest or other return earned on moneys
in the Revenue Shortfall Reserve Fund - Part B may be expended as
provided in subdivision (2) of this subsection; and
(2) Notwithstanding any other provision of this section to the
contrary, the Legislature may appropriate any interest and other
return earned thereon that may accrue on the moneys in the Revenue
Shortfall Reserve Fund - Part B after the thirtieth day of June,
two thousand twenty-five, for expenditure for the purposes set
forth in section three, article eleven-a, chapter four of this
code; and
(3) Any appropriation made from the Revenue Shortfall Reserve
Fund - Part B shall be made only in instances of revenue shortfalls
or fiscal emergencies of an extraordinary nature.
(g) Subject to the conditions upon expenditures from the
Revenue Shortfall Reserve Fund - Part B prescribed in subsection
(f) of this section, in appropriating moneys pursuant to the
provisions of this section, the Legislature may in any fiscal year appropriate from the Revenue Shortfall Reserve Fund and the Revenue
Shortfall Reserve Fund - Part B a total amount up to but not
exceeding ten percent of the total appropriations from the State
Fund, General Revenue, for the fiscal year just ended.
(h) (1) Of the moneys in the Revenue Shortfall Reserve Fund,
one hundred million dollars, or such greater amount as may be
certified as necessary by the director of the budget for the
purposes of subsection (e) of this section, shall be made available
to the West Virginia Board of Treasury Investments for management
and investment of the moneys in accordance with the provisions of
article six-c, chapter twelve of this code. All other moneys in
the Revenue Shortfall Reserve Fund shall be made available to the
West Virginia Investment Management Board for management and
investment of the moneys in accordance with the provisions of
article six, chapter twelve of this code. Any balance of the
Revenue Shortfall Reserve Fund including accrued interest and other
return earned thereon at the end of any fiscal year shall not
revert to the general fund but shall remain in the Revenue
Shortfall Reserve Fund for the purposes set forth in this section.
(2) All of the moneys in the Revenue Shortfall Reserve Fund -
Part B shall be made available to the West Virginia Investment
Management Board for management and investment of the moneys in
accordance with the provisions of article six, chapter twelve of
this code. Any balance of the Revenue Shortfall Reserve Fund -
Part B including accrued interest and other return earned thereon
at the end of any fiscal year shall not revert to the general fund but shall remain in the Revenue Shortfall Reserve Fund - Part B for
the purposes set forth in this section.
CHAPTER 33. INSURANCE.
ARTICLE 20F. PHYSICIANS' MUTUAL INSURANCE COMPANY.
§33-20F-4. Authorization for creation of company; requirements and
limitations; repayment of loan.
(a) Subject to the provisions of this article, a physicians'
mutual insurance company may be created as a domestic, private,
nonstock, nonprofit corporation. As an incentive for its creation,
the company may be eligible for funds from the Legislature in
accordance with the provisions of section seven of this article.
The company must remain for the duration of its existence a
domestic mutual insurance company owned by its policyholders and
may not be converted into a stock corporation, a for-profit
corporation or any other entity not owned by its policyholders.
The company may not declare any dividend to its policyholders;
sell, assign or transfer substantial assets of the company; or
write coverage outside this state, except for counties adjoining
this state, until after any and all debts owed by the company to
the state have been fully paid.
(b) For the duration of its existence, the company is not and
may not be considered a department, unit, agency or instrumentality
of the state for any purpose. All debts, claims, obligations and
liabilities of the company, whenever incurred, shall be the debts,
claims, obligations and liabilities of the company only and not of
the state or of any department, unit, agency, instrumentality, officer or employee of the state.
(c) The moneys of the company are not and may not be
considered part of the general revenue fund of the state. The
debts, claims, obligations and liabilities of the company are not
and may not be considered a debt of the state or a pledge of the
credit of the state.
(d) The company is not subject to provisions of article
nine-a, chapter six of this code or the provisions of article one,
chapter twenty-nine-b of this code.
(e) (1) All premiums collected by the company are subject to
the premium taxes, additional premium taxes, additional fire and
casualty insurance premium taxes and surcharges contained in
sections fourteen, fourteen-a, fourteen-d and thirty-three, article
three of this chapter: Provided, That while the loan to the
company of moneys from the West Virginia Tobacco Settlement Medical
Trust Fund pursuant to section nine of this article remains
outstanding, the commissioner may waive the company's premium
taxes, additional premium taxes and additional fire and casualty
insurance premium taxes if payment would render the company
insolvent or otherwise financially impaired.
(2) On and after the first day of July, two thousand three,
any premium taxes and additional premium taxes paid by the company
and by any insurer on its medical malpractice line pursuant to
sections fourteen and fourteen-a, article three of this chapter,
shall be temporarily applied toward replenishing the moneys
appropriated from the West Virginia Tobacco Settlement Medical Trust Fund pursuant to subsection (c), section two, article
eleven-a, chapter four of this code pending repayment of the loan
of such moneys by the company.
(3) The State Treasurer shall notify the commissioner when the
moneys appropriated from the West Virginia Tobacco Settlement
Medical Trust Fund have been fully replenished, at which time the
commissioner shall resume depositing premium taxes and additional
premium taxes diverted pursuant to subdivision (2) of this
subsection in accordance with the provisions of sections fourteen
and fourteen-a, article three of this chapter.
(4) Payments received by the Treasurer from the company in
repayment of any outstanding loan made pursuant to section nine of
this article shall be deposited in the West Virginia Tobacco
Settlement Medical Trust Fund and dedicated to replenishing the
moneys appropriated therefrom under subsection (c), section two,
article eleven-a, chapter four of this code. Once the moneys
appropriated from the West Virginia Tobacco Settlement Medical
Trust Fund have been fully replenished, the Treasurer shall deposit
any payments from the company in repayment of any outstanding loan
made pursuant to section nine of this article in said fund and
transfer a like amount from said fund to the commissioner for
disbursement in accordance with the provisions of sections fourteen
and fourteen-a, article three of this chapter.
(5) Notwithstanding any other provision of this code to the
contrary, on and after the effective date of the amendment and
reeanactment of this section during the regular session of the Legislature in two thousand six, all moneys otherwise required by
this section to be deposited in the West Virginia Tobacco
Settlement Medical Trust Fund and dedicated to replenishing the
moneys transferred therefrom under subsection (c), section two,
article eleven-a, chapter four of this code shall instead be paid
into the Revenue Shortfall Reserve Fund - Part B created in section
twenty, article two, chapter eleven-b of this code.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, White and Tomblin (Mr.
President)--31.
The nays were: Harrison, Weeks and Yoder--3.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4015) was then 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, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Harrison, Sprouse and Weeks--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4015) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4015--A Bill to amend and
reenact §4-11A-2 and §4-11A-3 of the Code of West Virginia, 1931,
as amended; to amend and reenact §11B-2-20 of said code; and to
amend and reenact §33-20F-4 of said code, all relating generally to
reserve funding; creating the Revenue Shortfall Reserve Fund - Part
B; providing for the transfer of all moneys in the West Virginia
Tobacco Settlement Medical Trust Fund, including any interest and
earnings thereon to the Revenue Shortfall Reserve Fund - Part B;
closing the West Virginia Tobacco Settlement Medical Trust Fund;
providing funding for the Revenue Shortfall Reserve Fund; providing
legislative authority to appropriate moneys from the Revenue
Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund -
Part B; providing that repayments from the loan made to the
physicians' mutual insurance company shall be paid into the Revenue
Shortfall Reserve Fund - Part B; providing for the investment of
moneys in the Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund - Part B; and making technical corrections.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4023, Raising the minimum
wage in accordance with legislation now pending before Congress.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Barnes, the following amendment to the
bill was reported by the Clerk:
On page five, section two, after line sixty-five, by adding a
new subsection, designated subsection (c), to read as follows:
(c) Notwithstanding any provision or definition to the
contrary, the wages established pursuant to this section shall be
applicable to all individuals employed by any individual,
partnership, association, public or private corporation, or any
person or group of persons acting directly or indirectly in the
interest of any employer in relation to an employee, including the
State of West Virginia, regardless if such employee or employer are
subject to any federal act relating to minimum wage: Provided,
That this section shall not be applicable to any individual
employed by the United States nor any agency or department of the
United States employing such employee: Provided, however, That at
no time shall the minimum wage established pursuant to this section
fall below the federal minimum hourly wage as prescribed by 29 U.
S. C. §206(a)(1).
The question being on the adoption of the amendment offered by Senator Barnes to the bill, and on this question, Senator Barnes
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Facemyer, Guills, Harrison, Lanham, McKenzie, Sprouse, Weeks and
Yoder--11.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell,
Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White
and Tomblin (Mr. President)--23.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the amendment offered by
Senator Barnes to the bill (Eng. Com. Sub. for H. B. No. 4023)
rejected.
On motion of Senator Sprouse, the following amendments to the
bill were next reported by the Clerk and considered simultaneously:
On page two, section two, line three, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page two, section two, line four, by striking out the words
"his or her" and inserting in lieu thereof the word "its";
On page two, section two, line nine, after the word "employer"
by inserting a comma and the words "including the state and all
political subdivisions,";
On page two, section two, line nine, by striking out the words
"his or her" and inserting in lieu thereof the word "its";
On page two, section two, line thirteen, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page two, section two, line thirteen, by striking out the
words "his or her" and inserting in lieu thereof the word "its";
On page two, section two, line nineteen, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page two, section two, line nineteen, by striking out the
words "his or her" and inserting in lieu thereof the word "its";
On page three, section two, line thirty-four, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page four, section two, line thirty-nine, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page four, section two, line fifty-three, after the word
"employer" by inserting a comma and the words "including the state
and all political subdivisions,";
On page four, section two, line fifty-three, by striking out
the words "his or her" and inserting in lieu thereof the word
"its";
And,
On page five, section two, after line sixty-five, by adding a
new subsection, designated subsection (c), to read as follows:
(c) Notwithstanding any definition or provision to the contrary, all employees of the State of West Virginia and its
political subdivisions shall be paid wages not less than the rates
provided for under this section, regardless if the State of West
Virginia or a political subdivision acting as such employee's
employer qualifies under or is subject to any federal act relating
to minimum wage.
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 amendments to the bill, and on this
question, Senator Yoder demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Facemyer, Guills, Harrison, Lanham, McKenzie, Minear, Oliverio,
Sprouse, Weeks and Yoder--13.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell,
Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr.
President)--21.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's
amendments to the bill (Eng. Com. Sub. for H. B. No. 4023)
rejected.
On motions of Senators Helmick and Hunter, the following
amendment to the bill was next reported by the Clerk:
On page five, section two, after line sixty-five, by adding a
new subsection, designated subsection (c), to read as follows:
(c) Notwithstanding any provision or definition to the
contrary, the wages established pursuant to this section shall be
applicable to all individuals employed by the State of West
Virginia, its agencies and departments, regardless if such employee
or employer are subject to any federal act relating to minimum
wage: Provided, That at no time shall the minimum wage established
pursuant to this section fall below the federal minimum hourly wage
as prescribed by 29 U. S. C. §206(a)(1).
Following discussion,
Senator Plymale moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of the amendment offered by Senators Helmick and Hunter to
the bill, and on this question, Senator Bowman demanded the yeas
and nays.
The roll being taken, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Deem--1.
Absent: None.
So, a majority of those present and voting having voted in the affirmative, the President declared the amendment offered by
Senators Helmick and Hunter to the bill (Eng. Com. Sub. for H. B.
No. 4023) adopted.
The bill, as amended, was then ordered to third reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Dempsey, Edgell, Fanning, Foster, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr.
President)--26.
The nays were: Barnes, Deem, Facemyer, Lanham, Minear,
Sprouse, Weeks and Yoder--8.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Eng. Com. Sub. for House Bill No. 4030, Relating to limiting
the administration of a Voluntary Contribution Fund or similar
benefit plan by members and employees of the West Virginia State
Police.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4030) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4030) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4030--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §15-2-9, relating to legislative findings; and
limiting the administration of a voluntary contribution fund or
similar benefit plan by members and employees of the West Virginia
State Police.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4032, Relating to
authorizing the Consolidated Public Retirement Board to recover the
payment and a fee, as provided by legislative rule, from a
participating employer who fails to timely pay amounts due.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4034, Removing the
requirement that a no longer disabled employee must return to his
or her former job.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Pensions, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-26. Reexamination of disability retirants; reemployment;
adjustment of annuity for earnings.
(a) At least once each year during the first five years following the retirement of a member on account of disability, as
provided in section twenty-five of this article, and at least once
in each three-year period thereafter, the board may require a
disability retirant, who has not attained age sixty years, to
undergo a medical examination to be made by or under the direction
of a physician designated by the board, or to submit a statement
signed by the disability retirant's physician certifying continued
disability, or both, and a copy of the disability retirants's
retirant's annual statement of earnings. If the retirant refuses
to submit to the medical examination or provide the certification
or statement in any period, his or her disability annuity may be
discontinued by the board until the retirant complies. If the
refusal continues for one year, all the retirant's rights in and to
the annuity may be revoked by the board. If, upon medical
examination of a disability retirant, the physician reports to the
board that the retirant is physically able and capable of resuming
employment with a participating public employer, the retirant shall
be returned to the employ of the participating public employer from
whose employment he or she retired and his or her disability
annuity shall terminate: Provided, That the board concurs in the
physician's report and first offers to the disability retirant the
opportunity for an administrative appeal hearing:
Provided,
however, That when the disability retirant's annuity terminates, he
or she is entitled to be placed on a reemployment list which is
maintained by the participating public employer from whose
employment he or she retired, and is entitled to a first preference on that list for any job opening for which he or she meets the
minimum qualifications: Provided further,
That in the event more
than one formerly disabled employee is on the reemployment list,
preference shall be given in the order of seniority on the list,
with first preference given to the person whose disability benefits
were terminated first.
The participating public employer shall
maintain the formerly disabled retirant on the reemployment list
indefinitely, until he or she accepts employment with the former
employer at a salary substantially similar to that of his or her
position at the time of initially qualifying for disability
retirement, or until he or she has declined three offers of
employment at a salary substantially similar to that of his or her
position at the time of initially qualifying for disability
retirement.
(b) A disability retirant who is returned to the employ of a
participating public employer shall again become a member of the
retirement system and the retirant's credited service in force at
the time of his or her retirement shall be restored.
(c) If a review of the disability retirant's annual statement
of earnings or other financial information as required by the board
determines that the disability retirant's earned income for the
preceding year exceeds the substantial gainful activity amount as
defined by the United States Social Security Administration, the
disability retirant's annuity shall be terminated by the board,
upon recommendation of the board's disability review committee, on
the first day of the month following the board's action. Any person who wishes to reapply for disability retirement and whose
disability retirement annuity has been terminated by the board for
exceeding the substantial gainful activity amount may do so within
ninety days of the effective date of termination: by requesting
Provided, That any person reapplying for disability benefits must
also undergo an examination at the applicant's expense by an
appropriate medical professional chosen by the board.
(d)
(1) A nonblind recipient earning annual income exceeding
the equivalent of eight hundred sixty dollars per month in the year
two thousand six, after impairment-related work expenses are
subtracted from earnings, has engaged in substantial gainful
activity. A statutorily blind recipient has engaged in substantial
gainful activity in the year two thousand six if the recipient has
earned annual income exceeding the equivalent of one thousand four
hundred fifty dollars per month after impairment-related work
expenses are subtracted from earnings.
(2) The substantial gainful activity dollar limit shall be
automatically adjusted annually to correspond to the dollar limit
as established and published by the United States Social Security
Administration for each year in accordance with methods published
in the Federal Register (FR6582905 December 29, 2000) and similar
methods used by the Social Security Administration applying the
average annual wage index.
(e) Notwithstanding other provisions in this section, any
person whose disability retirement has been terminated by the board
pursuant to this section may apply for regular retirement benefits upon meeting the eligibility requirements of age and years of
service.
§5-10-44. Correction of errors.
If any change or employer error in the records of any
participating public employer or the retirement system results in
any person receiving from the system more or less than he or she
would have been entitled to receive had the records been correct,
the board shall correct the error and, as far as is practicable,
shall adjust the payment of the benefit in a manner that the
actuarial equivalent of the benefit to which the person was
correctly entitled shall be paid. Any employer error resulting in
an underpayment to the retirement system may be corrected by the
employee remitting the required employee contribution and the
participating public employer remitting the required employer
contribution. Interest shall accumulate in accordance with the
Legislative Rule 162 CSR 7 concerning retirement board refund
reinstatement and loan interest factors, and any accumulating
interest owed on the employee and employer contributions resulting
from employer error shall be the responsibility of the
participating public employer. The participating public employer
may remit total payment and the employee reimburse the
participating public employer through payroll deduction over a
period equivalent to the time period during which the employer
error occurred.
§5-10-54. Termination of early retirement benefits; termination of
retirement benefits; procedures.
(a) Whenever the board determines that: (1) Any person has
knowingly made any false statement or falsified or permitted to be
falsified any record or records of the retirement system in an
attempt to defraud the system; or (2) any person who resumes
employment with a governmental entity or accepts, directly or
indirectly, work on a contract basis from a governmental entity,
except as provided for under this article, the board shall
terminate any benefit that person has received, is receiving and is
entitled to receive under the early retirement provisions of this
article. Further, if any person taking early retirement under this
article desires to revoke his or her early retirement incentive, he
or she shall be allowed to do so if he or she is entitled to
regular retirement pursuant to this article: Provided, however,
That such revocation shall be retroactive to the date of last
employment and any incentive annuity, under any incentive option,
already received by the retiree be repaid to the retirement system.
Any person who revokes his or her early retirement incentive shall
be thereafter carried upon the records of the retirement system as
a regular retiree and shall not be entitled to any enhanced benefit
by reason of the early retirement options contained in this
article: Provided, however, That any person who chose to retire
under the early retirement provisions of this article who would not
have been and is not eligible for regular retirement but for the
early retirement incentive options must reapply for admission to a
retirement system and repay all pension benefits plus regular
interest which would have been earned by the fund in the period during which the annuity payments were paid to him or her since the
date his or her employment ceased.
(b) Except as otherwise provided in this section, whenever the
board determines that a person seeking benefits under the
provisions of this article has made false representation of a
material fact in support of applying for or retaining benefits or
has falsified or permitted to be falsified any record or records of
the retirement system in support of benefits, the board shall
terminate any present benefit approved as a result of the false
statement or record. In addition, the board shall initiate
appropriate action to recover any benefits paid by virtue of the
false representation.
(c) Any termination of benefits may be appealed pursuant to
the state administrative procedures act in chapter twenty-nine-a of
this code. The board shall promulgate rules and regulations
regarding the procedure for termination of benefits and the
repayment of any benefit in accordance with the provisions of
article three, chapter twenty-nine-a of this code. propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code regarding the
procedure for termination of benefits and the repayment of any
benefit.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4034) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4034) passed.
The following amendment to the title of the bill, from the
Committee on Pensions, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4034--A Bill
to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all
relating to the Public Employees Retirement System; removing the
requirement that a former disability retirant no longer disabled
must be returned to the employ of his or her former participating
public employer; permitting administrative hearing before
disability retirement termination; requiring reemployment lists;
providing for preference in hiring; clarifying procedures for
reapplication by disability retirants whose benefits were
terminated for economic cause; clarifying substantial gainful
activity; clarifying right to reapply for regular retirement
benefits after termination of disability benefits; clarifying
interest; terminating benefits gained by false representation or
false records; requiring action to recover benefits gained by false
representation or false records; and authorizing proposal of rules.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4100, Providing a salary
increase for elected county officials.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Helmick, 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.
Eng. Com. Sub. for House Bill No. 4272, Clarifying the language regarding requirements for a Class BG stamp.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4295, Establishing a bird dog training
permit.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4296, Providing employer
immunity from liability for disclosing job-related information
concerning an employee or former employee to a prospective
employer.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
O
n page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18a. Employer immunity from liability; disclosure of
information regarding former employees.
(a) Any employer or his or her designated agent who discloses
job-related information that may be reasonably considered adverse
about a former or current employee to a prospective employer of the
former or current employee is presumed to be acting in good faith
and is immune from civil liability for the disclosure or its
consequences: Provided, That the disclosure of such information pursuant to this subsection shall be in writing and a copy of any
such disclosure shall be provided to the former or current employee
at the time of disclosure.
(b) For the purposes of this section, the presumption of good
faith is rebutted upon a showing, by a preponderance of the
evidence, that the information disclosed was:
(1) Knowingly false;
(2) Disclosed with reckless disregard for the truth;
(3) Deliberately misleading;
(4) Rendered with malicious purpose toward the former or
current employee; or
(5) Disclosed in violation of a nondisclosure agreement or
applicable law.
(c) For purposes of this section, "job-related information"
means information concerning a person's education, training,
experience, qualifications, conduct and job performance which is
offered for the purpose of providing criteria to evaluate the
person's suitability for employment.
(d) If an employer disclosed job-related information to a
prospective employer of a former or current employee that was false
or misleading and if the current or former employee requests, then
the employer shall give corrected information to every person or
entity that is in the employer's records as having received the
original information, with a copy thereof to the former or current
employee.
On motion of Senator Caruth, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4296) was reported by the Clerk:
On page one, section eighteen-a, subsection (b), by striking
out the words "a preponderance of the evidence" and inserting in
lieu thereof the words "clear and convincing evidence".
The question being on the adoption of Senator Caruth's
amendment to the Judiciary committee amendment to the bill, the
same was put.
The result of the voice vote being inconclusive, Senator
Caruth demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and
eighteen "nays".
Whereupon, the President declared Senator Caruth's amendment
to the Judiciary committee amendment to the bill (Eng. Com. Sub.
for H. B. No. 4296) rejected.
On motion of Senator Caruth, the following amendment to the
Judiciary committee amendment to the bill was next reported by the
Clerk:
On page one, section eighteen-a, subsection (a), by striking
out the proviso and inserting in lieu thereof a new proviso, to
read as follows: Provided, That if the disclosure of such
information pursuant to this subsection be in writing, then a copy
of any such disclosure shall be provided to the former or current
employee at the time of disclosure, or if such disclosure be made
orally, then upon request of such former or current employee, such
disclosure shall be reduced to writing and provided to such former or current employee.
The question being on the adoption of Senator Caruth's
amendment to the Judiciary committee amendment to the bill, the
same was put and did not prevail.
The question now being on the adoption of the Judiciary
committee amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4296), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Minear, Sprouse and Weeks--3.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4296) was then 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, Harrison,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard,
Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr.
President)--24.
The nays were: Barnes, Boley, Caruth, Deem, Guills, McKenzie,
Minear, Sprouse, Weeks and Yoder--10.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4296) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
O
n page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4296--A Bill
to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §55-7-18a, relating to providing employers with
qualified immunity from liability for disclosing to a prospective
employer job-related information reasonably believed to be adverse
concerning a current or former employee; requiring written
disclosure of the job-related information; and providing for the
correction of false or misleading information.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4308, Limiting the definition of
conviction for purposes of administrative license revocation
proceedings.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
O
n page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §17C-5A-1a and §17C-5A-3 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION
OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL,
CONTROLLED SUBSTANCES OR DRUGS.
§17C-5A-1a. Revocation upon conviction for driving under the
influence of alcohol, controlled substances or drugs.
(a) If a person is convicted for an offense defined in section
two, article five of this chapter or for an offense described in a
municipal ordinance which has the same elements as an offense
described in said section because the person did drive a motor
vehicle while under the influence of alcohol, controlled substances
or drugs, or the combined influence of alcohol or controlled
substances or drugs, or did drive a motor vehicle while having an
alcohol concentration in his or her blood of eight hundredths of
one percent or more, by weight, or did drive a motor vehicle while
under the age of twenty-one years with an alcohol concentration in
his or her blood of two hundredths of one percent or more, by
weight, but less than eight hundredths of one percent, by weight,
and if the person does not act to appeal the conviction within the
time periods described in subsection (b) of this section, the
person's license to operate a motor vehicle in this state shall be
revoked or suspended in accordance with the provisions of this section.
(b) The clerk of the court in which a person is convicted for
an offense described in section two, article five of this chapter
or for an offense described in a municipal ordinance which has the
same elements as an offense described in said section shall forward
to the commissioner a transcript of the judgment of conviction. If
the conviction is the judgment of a magistrate court, the
magistrate court clerk shall forward the transcript when the person
convicted has not requested an appeal within twenty days of the
sentencing for such conviction. If the conviction is the judgment
of a mayor or police court judge or municipal court judge, the
clerk or recorder shall forward the transcript when the person
convicted has not perfected an appeal within ten days from and
after the date upon which the sentence is imposed. If the
conviction is the judgment of a circuit court, the circuit clerk
shall forward the transcript when the person convicted has not
filed a notice of intent to file a petition for appeal or writ of
error within thirty days after the judgment was entered.
(c) If, upon examination of the transcript of the judgment of
conviction, the commissioner shall determine that the person was
convicted for an offense described in section two, article five of
this chapter or for an offense described in a municipal ordinance
which has the same elements as an offense described in said section
because the person did drive a motor vehicle while under the
influence of alcohol, controlled substances or drugs, or the
combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in
his or her blood of eight hundredths of one percent or more, by
weight, the commissioner shall make and enter an order revoking the
person's license to operate a motor vehicle in this state. If the
commissioner determines that the person was convicted of driving a
motor vehicle while under the age of twenty-one years with an
alcohol concentration in his or her blood of two hundredths of one
percent or more, by weight, but less than eight hundredths of one
percent, by weight, the commissioner shall make and enter an order
suspending the person's license to operate a motor vehicle in this
state. The order shall contain the reasons for the revocation or
suspension and the revocation or suspension periods provided for in
section two of this article. Further, the order shall give the
procedures for requesting a hearing which is to be held in
accordance with the provisions of said section. The person shall be
advised in the order that because of the receipt of a transcript of
the judgment of conviction by the commissioner a presumption exists
that the person named in the transcript of the judgment of
conviction is the person named in the commissioner's order and such
constitutes sufficient evidence to support revocation or suspension
and that the sole purpose for the hearing held under this section
is for the person requesting the hearing to present evidence that
he or she is not the person named in the transcript of the judgment
of conviction. A copy of the order shall be forwarded to the person
by registered or certified mail, return receipt requested. No
revocation or suspension shall become effective until ten days after receipt of a copy of the order.
(d) The provisions of this section shall not apply if an order
reinstating the operator's license of the person has been entered
by the commissioner prior to the receipt of the transcript of the
judgment of conviction.
(e) For the purposes of this section, a person is convicted
when the person enters a plea of guilty or is found guilty by a
court or jury: Provided, That for the purposes of this chapter a
plea of nolo contendre stands as neither an admission of guilt nor
a conviction for administrative revocation proceedings.
§17C-5A-3. Safety and treatment program; reissuance of license.
(a) The Division of Motor Vehicles, in cooperation with the
Department of Health and Human Resources, the Division of
Alcoholism and Drug Abuse, shall propose a legislative rule or
rules for promulgation in accordance with the provisions of chapter
twenty-nine-a of this code establishing a comprehensive safety and
treatment program for persons whose licenses have been revoked
under the provisions of this article, or section seven, article
five of this chapter, or subsection (6), section five, article
three, chapter seventeen-b of this code and shall likewise
establish the minimum qualifications for mental health facilities
or other public agencies or private entities conducting the safety
and treatment program: Provided, That the commissioner may
establish standards whereby the division will accept or approve
participation by violators in another treatment program which
provides the same or substantially similar benefits as the safety and treatment program established pursuant to this section. The
program shall include, but not be limited to, treatment of
alcoholism, alcohol and drug abuse, psychological counseling,
educational courses on the dangers of alcohol and drugs as they
relate to driving, defensive driving or other safety driving
instruction, and other programs designed to properly educate, train
and rehabilitate the offender.
(b) (1) The Division of Motor Vehicles, in cooperation with
the Department of Health and Human Resources, the Division of
Alcoholism and Drug Abuse, shall provide for the preparation of an
educational and treatment program for each person whose license has
been revoked under the provisions of this article or section seven,
article five of this chapter or subsection (6), section five,
article three, chapter seventeen-b of this code, which shall
contain the following: (A) A listing and evaluation of the
offender's prior traffic record; (B) characteristics and history of
alcohol or drug use, if any; (C) his or her amenability to
rehabilitation through the alcohol safety program; and (D) a
recommendation as to treatment or rehabilitation, and the terms and
conditions of the treatment or rehabilitation. The program shall
be prepared by persons knowledgeable in the diagnosis of alcohol or
drug abuse and treatment. The cost of the program shall be paid
out of fees established by the Commissioner of Motor Vehicles in
cooperation with the Department of Health and Human Resources,
Division of Alcohol and Drug Abuse. The program provider shall
collect the established fee from each participant upon enrollment. The program provider shall also at the time of enrollment remit to
the commissioner a portion of the collected fee established by the
commissioner in cooperation with the Department of Health and Human
Resources, which shall be deposited into an account designated the
Driver's Rehabilitation Fund, which was created by a prior
enactment of this section and which is hereby continued, to be used
for the administration of the program.
(2) The commissioner, after giving due consideration to the
program developed for the offender, shall prescribe the necessary
terms and conditions for the reissuance of the license to operate
a motor vehicle in this state revoked under this article or section
seven, article five of this chapter or subsection (6), section
five, article three, chapter seventeen-b of this code, which shall
include successful completion of the educational, treatment or
rehabilitation program, subject to the following:
(A) When the period of revocation is six months, the license
to operate a motor vehicle in this state shall not be reissued
until: (i) At least ninety days have elapsed from the date of the
initial revocation, during which time the revocation was actually
in effect; (ii) the offender has successfully completed the
program; (iii) all costs of the program and administration have
been paid; and (iv) all costs assessed as a result of a revocation
hearing have been paid.
(B) When the period of revocation is for a period of years,
the license to operate a motor vehicle in this state shall not be
reissued until: (i) At least one half of such time period has elapsed from the date of the initial revocation, during which time
the revocation was actually in effect; (ii) the offender has
successfully completed the program; (iii) all costs of the program
and administration have been paid; and (iv) all costs assessed as
a result of a revocation hearing have been paid.
(C) When the period of revocation is for life, the license to
operate a motor vehicle in this state shall not be reissued until:
(i) At least ten years have elapsed from the date of the initial
revocation, during which time the revocation was actually in
effect; (ii) the offender has successfully completed the program;
(iii) all costs of the program and administration have been paid;
and (iv) all costs assessed as a result of a revocation hearing
have been paid.
(D) Notwithstanding any provision of this code or any rule,
any mental health facilities or other public agencies or private
entities conducting the safety and treatment program when
certifying that a person has successfully completed a safety and
treatment program, shall only have to certify that such person has
successfully completed the program.
(c) (1) The Division of Motor Vehicles, in cooperation with
the Department of Health and Human Resources, Division of
Alcoholism and Drug Abuse, shall provide for the preparation of an
educational program for each person whose license has been
suspended for sixty days pursuant to the provisions of subsection
(l), section two, article five-a of this chapter. The educational
program shall consist of not less than twelve nor more than eighteen hours of actual classroom time.
(2) When a sixty-day period of suspension has been ordered,
the license to operate a motor vehicle shall not be reinstated
until: (A) At least sixty days have elapsed from the date of the
initial suspension, during which time the suspension was actually
in effect; (B) the offender has successfully completed the
educational program; (C) all costs of the program and
administration have been paid; and (D) all costs assessed as a
result of a suspension hearing have been paid.
(d) A required component of the rehabilitation program
provided for in subsection (b) of this section and the education
program provided for in subsection (c) of this section shall be
participation by the violator with a victim impact panel program
providing a forum for victims of alcohol and drug related offenses
and offenders to share first-hand experiences on the impact of
alcohol and drug related offenses in their lives. The commissioner
shall propose legislative rules for promulgation in accordance with
the provisions of chapter twenty-nine-a of this code to implement
victim impact panels where appropriate numbers of victims are
available and willing to participate, and shall establish
guidelines for other innovative programs which may be substituted
where such victims are not available, so as to assist persons whose
licenses have been suspended or revoked for alcohol and drug
related offenses to gain a full understanding of the severity of
their offenses in terms of the impact of such offenses on victims
and offenders. The legislative rules proposed for promulgation by the commissioner shall require, at a minimum, discussion and
consideration of the following:
(A) Economic losses suffered by victims or offenders;
(B) Death or physical injuries suffered by victims or
offenders;
(C) Psychological injuries suffered by victims or offenders;
(D) Changes in the personal welfare or familial relationships
of victims or offenders; and
(E) Other information relating to the impact of alcohol and
drug related offenses upon victims or offenders.
Any rules promulgated pursuant to this subsection shall
contain provisions which ensure that any meetings between victims
and offenders shall be nonconfrontational and ensure the physical
safety of the persons involved.
(e) Notwithstanding the provisions of this section, or the
legislative rules implementing this section, the commissioner may,
in consultation with the Department of Health and Human Resources,
Division of Alcoholism and Drug Abuse offer alternatives to the
present program established by this section. If the commissioner
determines that alternative programs to the present program exists
in this state or other states which address the assessment,
treatment and education of offenders, he or she may approve an
alternative program as meeting the requirements of this section as
follows:
(1) The authority to offer alternatives to the present program
established by this section shall expire the first day of July, two thousand ten;
(2) Completion of an alternative program approved by the
commissioner shall meet the requirements of this section;
(3) The commissioner is authorized to promulgate emergency
rules in addition to proposed rules to implement the provisions of
this subsection governing alternate programs which will not
supercede existing rules governing the present program; and
(4) The commissioner, after due consideration of the
effectiveness of alternatives as compared to the present program in
addressing the issue of driving under the influence shall submit
his or her recommendation concerning the viability of alternatives
to the present program to the Legislature no later than the
fifteenth day of January, two thousand ten.
The question being on the adoption of the Judiciary committee
amendment to the bill, and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Yoder and
Tomblin (Mr. President)--27.
The nays were: Boley, Guills, Harrison, Sprouse, Unger, Weeks
and White--7.
Absent: None.
So, a majority of those present and voting having voted in the
affirmative, the President declared the Judiciary committee amendment to the bill (Eng. H. B. No. 4308) adopted.
The bill, as amended, was then ordered to third reading.
Eng. House Bill No. 4312, Increasing the compensation of child
support enforcement attorneys.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4353, Requiring law enforcement officers
have a valid complaint, signed by a magistrate or municipal judge,
with a showing of probable cause before reporting said offense to
the commissioner of the department of motor vehicles.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND
REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF
ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.
§17C-5A-1. Implied consent to administrative procedure; revocation
for driving under the influence of alcohol, controlled
substances or drugs or refusal to submit to secondary chemical
test.
(a) Any person who is licensed to operate a motor vehicle in
this state and who drives a motor vehicle in this state shall be
deemed to have given his or her consent by the operation thereof, subject to the provisions of this article, to the procedure set
forth in this article for the determination of whether his or her
license to operate a motor vehicle in this state should be revoked
because he or she did drive a motor vehicle while under the
influence of alcohol, controlled substances or drugs, or combined
influence of alcohol or controlled substances or drugs, or did
drive a motor vehicle while having an alcohol concentration in his
or her blood of eight hundredths of one percent or more, by weight,
or did refuse to submit to any designated secondary chemical test,
or did drive a motor vehicle while under the age of twenty-one
years with an alcohol concentration in his or her blood of two
hundredths of one percent or more, by weight, but less than eight
hundredths of one percent, by weight.
(b) Any law-enforcement officer arresting a person for an
offense described in section two, article five of this chapter or
for an offense described in a municipal ordinance which has the
same elements as an offense described in said section shall report
to the Commissioner of the Division of Motor Vehicles by written
statement within forty-eight hours the name and address of the
person so arrested: Provided, That the officer shall have a valid
criminal complaint, signed by a magistrate or municipal judge, with
a determination of probable cause, before reporting said offense to
the Commissioner of the Division of Motor Vehicles. The arresting
officer shall, within forty-eight hours of the issuance of the
criminal complaint provide a statement to the commissioner
reflecting the name and address of the subject of the criminal complaint. The report shall include the specific offense with
which the person is charged and, if applicable, a copy of the
results of any secondary tests of blood, breath or urine. The
signing of the statement required to be signed by this subsection
shall constitute an oath or affirmation by the person signing the
statement that the statements contained therein are true and that
any copy filed is a true copy. The statement shall contain upon its
face a warning to the officer signing that to willfully sign a
statement containing false information concerning any matter or
thing, material or not material, is false swearing and is a
misdemeanor.
(c) If, upon examination of the written statement of the
officer and the tests results described in subsection (b) of this
section, the commissioner shall determine that a person was
arrested for an offense described in section two, article five of
this chapter or for an offense described in a municipal ordinance
which has the same elements as an offense described in said
section, and that the results of any secondary test or tests
indicate that at the time the test or tests were administered the
person had, in his or her blood, an alcohol concentration of eight
hundredths of one percent or more, by weight, or at the time the
person was arrested he or she was under the influence of alcohol,
controlled substances or drugs, the commissioner shall make and
enter an order revoking the person's license to operate a motor
vehicle in this state. If the results of the tests indicate that
at the time the test or tests were administered the person was under the age of twenty-one years and had an alcohol concentration
in his or her blood of two hundredths of one percent or more, by
weight, but less than eight hundredths of one percent, by weight,
the commissioner shall make and enter an order suspending the
person's license to operate a motor vehicle in this state. A copy
of the order shall be forwarded to the person by registered or
certified mail, return receipt requested, and shall contain the
reasons for the revocation or suspension and describe the
applicable revocation or suspension periods provided for in section
two of this article. No revocation or suspension shall become
effective until ten days after receipt of a copy of the order.
(d) Any law-enforcement officer taking a child into custody
under the provisions of section six-a, article five of this chapter
who has reasonable cause to believe that the child, at the time of
driving the motor vehicle, had an alcohol concentration in his or
her blood of two hundredths of one percent or more, by weight, or
that the act of the child in driving the motor vehicle was such
that it would provide grounds for arrest for an offense defined
under the provisions of section two of said article if the child
were an adult, shall report to the commissioner of the division of
motor vehicles by written statement within forty-eight hours the
name and address of the child.
(e) If applicable, the report shall include a description of
the specific offense with which the child could have been charged
if the child were an adult, and a copy of the results of any
secondary tests of blood, breath or urine. The signing of the statement required to be signed by this subsection shall constitute
an oath or affirmation by the person signing such statement that
the statements contained therein are true and that any copy filed
is a true copy. Such statement shall contain upon its face a
warning to the officer signing that to willfully sign a statement
containing false information concerning any matter or thing,
material or not material, is false swearing and is a misdemeanor.
(f) Upon examination of the written statement of the officer
and any test results described in subsection (d) of this section,
if the commissioner determines that the results of the tests
indicate that at the time the test or tests were administered the
child had, in his or her blood, an alcohol concentration of two
hundredths of one percent or more, by weight, but also determines
that the act of the child in driving the motor vehicle was not such
that it would provide grounds for arrest for an offense defined
under the provisions of subsection (a), (b), (c), (d), (e), (f) or
(g), section two, article five of this chapter if the child were an
adult, the commissioner shall make and enter an order suspending
the child's license to operate a motor vehicle in this state. If
the commissioner determines that the act of the child in driving
the motor vehicle was such that it would provide grounds for arrest
for an offense defined under the provisions of subsection (a), (b),
(c), (d), (e), (f) or (g), section two, article five of this
chapter if the child were an adult, the commissioner shall make and
enter an order revoking the child's license to operate a motor
vehicle in this state. A copy of such order shall be forwarded to the child by registered or certified mail, return receipt
requested, and shall contain the reasons for the suspension or
revocation and describe the applicable suspension or revocation
periods provided for in section two of this article. No suspension
or revocation shall become effective until ten days after receipt
of a copy of such order.
The bill (Eng. H. B. No. 4353), as amended, was then ordered
to third reading.
Eng. House Bill No. 4355, Providing for the temporary
detention of juveniles who are the named respondent in an emergency
domestic violence protective order when the juvenile resides with
the petitioner.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4406, Removing the requirement to evaluate
certain classroom teachers at least every three years.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4431, Allowing the clerk of
the county commission to set reasonable fees charged for electronic
or other medium versions of documents recorded in the office of
clerk of the county commission.
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 five, section ten, line sixty-five, after the word
"electronic" by inserting the word "form";
On page five, section ten, line sixty-seven, by striking out
the word "other";
And,
On page five, section ten, line sixty-eight, by striking out
the word "fees".
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4431) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4431) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4456, Removing limitations
on beaver trapping.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4481, Establishing a
permissive provision for using ballot-scanning devices for election
night tabulations.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4487, Allowing an individual, who is at
least sixteen years of age, to be in the vehicle to assist the
Class Q permittee.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4498, Relating to fees for
licensing of money service businesses.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4565, Establishing section
of vital statistics in Bureau for Public Health.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
O
n page sixty, section twenty-five, lines twenty-four through
twenty-nine, by striking out all of subsection (e);
And,
By relettering the remaining subsections.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4565) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4565) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4578, Extending the expiration date of
provisions permitting retired teachers to accept employment as
substitutes in areas of critical need and shortage for an unlimited
number of days without affecting retirement benefits.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §18-7A-38 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18A-2-3 of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-38. Maximum number of days a retirant may accept
employment; calculating days worked for retirants.
(a) The Legislature finds that:
(1) The Consolidated Public Retirement Board has determined
that retired substitute teachers retirants should not perform
substitute teaching be reemployed without limit;
(2) The Consolidated Public Retirement Board has established,
by rule, a maximum number of days in which a retired teacher
retirant may accept employment prior to having his or her
retirement benefit reduced; and
(3) There have been inconsistencies in the manner in which
county boards calculate the maximum number of days established by
rule.
(b) The Consolidated Public Retirement Board may not set forth
in rule a maximum number of days in which a retired teacher
retirant may accept employment prior to having his or her
retirement benefit reduced that is less than one hundred forty
eighty days.
(c) For the purpose of calculating whether a retired
substitute teacher retirant has exceeded the maximum number of days
in which a substitute teacher retirant may accept employment
without incurring a reduction in his or her retirement benefit, the
number of days worked shall be determined by:
(1) Totaling the number of hours worked; and
(2) Dividing by the standard number of hours that a full-time
teacher or service person, as applicable, works per day.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-3. Employment of substitute teachers and retired teachers
as substitutes in areas of critical need and
shortage; employment of prospective employable
professional personnel.
(a) The county superintendent, subject to approval of the
county board, may employ and assign substitute teachers to any of
the following duties: (1) To fill the temporary absence of any
teacher or an unexpired school term made vacant by resignation,
death, suspension or dismissal; (2) to fill a teaching position of
a regular teacher on leave of absence; and (3) to perform the
instructional services of any teacher who is authorized by law to
be absent from class without loss of pay, providing the absence is
approved by the board of education in accordance with the law. The
substitute shall be a duly certified teacher.
(b) Notwithstanding any other provision of this code to the
contrary, a substitute teacher who has been assigned as a classroom
teacher in the same classroom continuously for more than one half
of a grading period and whose assignment remains in effect two
weeks prior to the end of the grading period, shall remain in the
assignment until the grading period has ended, unless the principal
of the school certifies that the regularly employed teacher has
communicated with and assisted the substitute with the preparation of lesson plans and monitoring student progress or has been
approved to return to work by his or her physician. For the
purposes of this section, teacher and substitute teacher, in the
singular or plural, mean professional educator as defined in
section one, article one of this chapter.
(c) (1) The Legislature hereby finds and declares that, due to
a shortage of qualified substitute teachers, a compelling state
interest exists in expanding the use of retired teachers to provide
service as substitute teachers in areas of critical need and
shortage. The Legislature further finds that diverse circumstances
exist among the counties for the expanded use of retired teachers
as substitutes. For the purposes of this subsection, "area of
critical need and shortage" means an area of certification and
training in which the number of available substitute teachers in
the county who hold certification and training in that area and who
are not retired is insufficient to meet the projected need for
substitute teachers.
(2) A person receiving retirement benefits under the
provisions of article seven-a of this chapter or who is entitled to
retirement benefits during the fiscal year in which that person
retired may accept employment as a substitute teacher for an
unlimited number of days each fiscal year without affecting the
monthly retirement benefit to which the retirant is otherwise
entitled if the following conditions are satisfied:
(A) The county board adopts a policy recommended by the
superintendent to address areas of critical need and shortage;
(B) The policy sets forth the areas of critical need and
shortage in the county in accordance with the definition of area of
critical need and shortage set forth in subdivision (1) of this
subsection;
(C) The policy provides for the employment of retired teachers
as substitute teachers during the school year on an expanded basis
in areas of critical need and shortage as provided in this
subsection;
(D) The policy provides that a retired teacher may be employed
as a substitute teacher in an area of critical need and shortage on
an expanded basis as provided in this subsection only when no other
teacher who holds certification and training in the area and who is
not retired is available and accepts the substitute assignment;
(E) The policy is effective for one school year only and is
subject to annual renewal by the county board;
(F) The state board approves the policy and the use of retired
teachers as substitute teachers on an expanded basis in areas of
critical need and shortage as provided in this subsection; and
(G) Prior to employment of a substitute teacher beyond the
post-retirement employment limitations established by the
Consolidated Public Retirement Board, the superintendent of the
affected county submits to the Consolidated Public Retirement
Board, in a form approved by the retirement board, an affidavit
signed by the superintendent stating the name of the county, the
fact that the county has adopted a policy to employ retired
teachers as substitutes to address areas of critical need and shortage and the name or names of the person or persons to be
employed pursuant to the policy.
(3) Any person who retires and begins work as a substitute
teacher within the same employment term shall lose those retirement
benefits attributed to the annuity reserve, effective from the
first day of employment as a retiree substitute in that employment
term and ending with the month following the date the retiree
ceases to perform service as a substitute.
(4) Retired teachers employed to perform expanded substitute
service pursuant to this subsection are considered day-to-day,
temporary, part-time employees. The substitutes are not eligible
for additional pension or other benefits paid to regularly employed
employees and shall not accrue seniority.
(5) When a retired teacher is employed as a substitute to fill
a vacant position, the county board shall continue to post the
vacant position until it is filled with a regularly employed
teacher.
(6) Until this subsection is expired pursuant to subdivision
(7) of this subsection, the state board, annually, shall report to
the Joint Committee on Government and Finance prior to the first
day of February of each year. Additionally, a copy shall be
provided to the Legislative Oversight Commission on Education
Accountability. The report shall contain information indicating
the effectiveness of the provisions of this subsection on expanding
the use of retired substitute teachers to address areas of critical
need and shortage.
(7) The provisions of this subsection shall expire on the
thirtieth day of June, two thousand six nine.
(d) (1) Notwithstanding any other provision of this code to
the contrary, each year a county superintendent may employ
prospective employable professional personnel on a reserve list at
the county level subject to the following conditions:
(A) The county board adopts a policy to address areas of
critical need and shortage as identified by the state board. The
policy shall include authorization to employ prospective employable
professional personnel;
(B) The county board posts a notice of the areas of critical
need and shortage in the county in a conspicuous place in each
school for at least ten working days; and
(C) There are not any potentially qualified applicants
available and willing to fill the position.
(2) Prospective employable professional personnel may only be
employed from candidates at a job fair who have or will graduate
from college in the current school year or whose employment
contract with a county board has or will be terminated due to a
reduction in force in the current fiscal year.
(3) Prospective employable professional personnel employed are
limited to three full-time prospective employable professional
personnel per one hundred professional personnel employed in a
county or twenty-five full-time prospective employable professional
personnel in a county, whichever is less.
(4) Prospective employable professional personnel shall be granted benefits at a cost to the county board and as a condition
of the employment contract as approved by the county board.
(5) Regular employment status for prospective employable
professional personnel may be obtained only in accordance with the
provisions of section seven-a, article four of this chapter.
(e) The state board annually shall review the status of
employing personnel under the provisions of subsection (d) of this
section and annually shall report to the Legislative Oversight
Commission on Education Accountability on or before the first day
of November of each year. The report shall include, but not be
limited to, the following:
(A) The counties that participated in the program;
(B) The number of personnel hired;
(C) The teaching fields in which personnel were hired;
(D) The venue from which personnel were employed;
(E) The place of residency of the individual hired; and
(F) The state board's recommendations on the prospective
employable professional personnel program.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 4578) was then
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4578) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4578--A Bill
to amend and reenact §18-7A-
38 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-2-3 of said code, all relating to retirants under the
State Teachers Retirement System; the
maximum number of days in
which a retirant may accept employment prior to having his or her retirement benefit reduced; broadening application of provisions
relating to the employment limit and the calculation of the number
of days employed to include all retirants; and
extending expiration
date of provisions permitting retired teachers to accept employment
as substitutes in areas of critical need and shortage for an
unlimited number of days without affecting retirement benefits.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4578) 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. Com. Sub. for House Bill No. 4588, Creating a crime for
concealing a human body of a victim of a murder, voluntary
manslaughter or involuntary manslaughter and prescribing penalties
therefor.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
O
n page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-5a. Concealment of deceased human body; penalty.
(a) Any person who, by any means, knowingly and willfully
conceals, attempts to conceal or who otherwise aids and abets any
person to conceal a deceased human body where death occurred as a
result of criminal activity is guilty of a felony and, upon
conviction thereof, shall be confined in a correctional facility
for not less than one year nor more than five years and fined not
less than one thousand dollars, nor more than five thousand
dollars.
(b) It shall be a complete defense in a prosecution pursuant
to subsection (a) of this section that the defendant affirmatively
brought to the attention of law enforcement within forty-eight
hours of concealing the body and prior to being contacted regarding
the death by law enforcement the existence and location of the
concealed deceased human body.
(c) The provisions of subsection (a) of this section do not
apply to practitioners regulated by the provisions of article six,
chapter thirty of this code or their agents while acting in their
lawful professional capacities.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4588) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4588) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4588--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-5a, relating to creating a crime for
concealing a deceased human body; exceptions; defense of
affirmatively informing law enforcement; and prescribing penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4595, Authorizing the Board of Treasury
Investments to retain, rather than require it to retain, one
employee with a chartered financial analyst designation.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4598, Eliminating the requirement for
combined oil and gas returns for purposes of property taxes, and to
further define the information that may be released.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4601, Increasing the amount
transferred to the Special Operating Fund in the State Treasury for
the Auditor's Public Utilities Division and dedicate the increased
amount to pay for public utility litigation expenses.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4622, Increasing coal bed methane permit
fees.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4626, Including private
schools, parochial schools, church schools, and other schools
operated by a religious order in state student teaching programs.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-1. Teacher preparation programs; program approval and
standards; authority to issue teaching certificates.
(a) The education of professional educators in the state shall
be is under the general direction and control of the state board of
Education after consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education who shall
represent the interests of teacher educator preparation programs
within the institutions of higher education in this state as those
institutions are defined in section two, article one, chapter
eighteen-b of this code.
The education of professional educators in the state includes
all programs leading to certification to teach or serve in the
public schools including:
(1) Those programs in all institutions of higher education,
including student teaching in the public schools as provided in
this section;
(2) Beginning teacher internship programs;
(3) The granting of West Virginia certification to persons who
received their preparation to teach outside the boundaries of this
state, except as provided in subsection (b) of this section;
(4) Any alternative preparation programs in this state leading
to certification, including programs established pursuant to the
provisions of section one-a of this article and programs which are
in effect on the effective date of this section; and
(5) Any continuing professional education, professional
development and in-service training programs for professional
educators employed in the public schools in the state.
(b) The state board, of Education after consultation with the
Secretary of Education and the Arts and the Chancellor for Higher
Education, who shall represent the interests of teacher preparation
programs within the institutions of higher education in this state
as those institutions are defined in section two, article one,
chapter eighteen-b of this code shall adopt standards for the
education of professional educators in the state and for the
awarding of awarding certificates valid in the public schools of
this state. The standards shall include, but not be limited subject to, the following: conditions
(1) The standards approved by the Board for teacher
preparation shall include A provision for the study of
multicultural education. As used in this section, multicultural
education means the study of the pluralistic nature of American
society including its values, institutions, organizations, groups,
status positions and social roles;
(2) Effective the first day of January, one thousand nine
hundred ninety-three The standards approved by the Board shall also
include A provision for the study of classroom management
techniques, and shall include including methods of effective
management of disruptive behavior which shall include societal
factors and their impact on student behavior; and
(3) Effective on the effective date of this section, any
teacher who Subject to the provisions of section ten of this
article, a teacher from another state shall be awarded a teaching
certificate for a comparable grade level and subject area valid in
the public schools of this state if he or she:
(A) Holds a valid teaching certificate or a certificate of
eligibility issued by another state;
(i) (B) Has graduated from a teacher an educator preparation
program at a regionally accredited institution of higher education;
(ii) (C) Possesses the minimum of a bachelor's degree; and
(iii) Holds a valid teaching certificate or certificates
issued by another state, or holds a certificate of eligibility
issued by another state; and
(D) Meets all of the requirements of the state for full
certification except employment. shall be, upon application,
awarded a teaching certificate or certificates for the same grade
level or levels and subject area or areas valid in the public
schools of this state, subject only to the provisions of section
ten of this article
(c) To give prospective teachers the teaching experience
needed to demonstrate competence as a prerequisite to certification
to teach in the West Virginia public schools, the state board of
Education may enter into an agreement with county boards for the
use of the public schools.
(d) Such agreement An agreement established pursuant to
subsection (c) of this section shall recognize student teaching as
a joint responsibility of the teacher educator preparation
institution and the cooperating public schools and shall include:
(1) The minimum qualifications for the employment of public
school teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising;
(2) The remuneration to be paid public school teachers by the
state board, in addition to their contractual salaries, for
supervising student teachers; and
(3) Minimum standards to guarantee the adequacy of the
facilities and program of the public school selected for student
teaching;
(4) That the student teacher, under the direction and
supervision of the supervising teacher, shall exercise the
authority of a substitute teacher; and
(5) A provision requiring any higher education institution
with an educator preparation program to document that the student
teacher's field-based and clinical experiences include
participation and instruction with multicultural, at-risk and
exceptional children at each programmatic level for which the
student teacher seeks certification.
(e) Beginning the fall, two thousand six - two thousand seven
academic term, in lieu of the student teaching experience in a
public school setting required by this section, an institution of
higher education may provide an alternate student teaching
experience in a nonpublic school setting if the institution of
higher education:
(1) Complies with the provisions of this section;
(2) Has a state board-approved educator preparation program;
and
(3) Enters into an agreement pursuant to subsections (f) and
(g) of this section.
(f) At the discretion of the higher education institution, an
agreement for an alternate student teaching experience between an
institution of higher education and a nonpublic school shall
require that either:
(1) The student teacher complete at least one half of the
clinical experience in a public school; or
(2) The educator preparation program include a requirement
that any student performing student teaching in a nonpublic school
complete at least:
(A) Two hundred clock hours of field-based training in a
public school; and
(B) A course, which is a component of the institution's state
board-approved educator preparation program, that provides to
prospective teachers information that is equivalent to the teaching
experience needed to demonstrate competence as a prerequisite to
certification to teach in the public schools in West Virginia. The
course shall include instruction on at least the following
elements:
(i) State board policy and provisions of this code governing
public education;
(ii) Requirements for federal and state accountability,
including the mandatory reporting of child abuse;
(iii) Federal and state mandated curriculum and assessment
requirements, including multicultural education, safe schools and
student code of conduct;
(iv) Federal and state regulations for the instruction of
exceptional students as defined by the Individuals with
Disabilities Education Act, 20 U. S. C. §1400, et seq.;
(v) Varied approaches for effective instruction for students
who are at-risk;
(g) In addition to the requirements set forth in subsection
(f) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a
nonpublic school shall:
(1) Require that the higher education institution with an
educator preparation program document that the student teacher's
field-based and clinical experiences include participation and
instruction with multicultural, at-risk and exceptional children at
each programmatic level for which the student teacher seeks
certification; and
(2) Include the minimum qualifications for the employment of
school teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising.
(d) (h) The state superintendent of Schools may issue
certificates to graduates of teacher education educator preparation
programs and alternative teacher education educator preparation
programs approved by the state board. of Education and The
certificates are issued in accordance with this section and rules
adopted by the state board after consultation with the Secretary of
Education and the Arts and the Chancellor for Higher Education.
(1) A certificate to teach shall not may be granted only to
any person who is: not
(A) A citizen of the United States, except as provided in
subdivision (2) of this subsection;
(B) Is not of good moral character; and
(C) Physically, mentally and emotionally qualified to perform the duties of a teacher; and who has not attained the age of
(D) At least eighteen years on or before the first day of
October of the year in which his or her certificate is issued.
except that
(2) A permit to teach in the public schools of this state may
be granted to a person who is an exchange teacher from a foreign
country or an alien person who meets the requirements to teach. may
be granted a permit to teach within the public schools of the state
(e) (i) In consultation with the Secretary of Education and
the Arts and the Chancellor for Higher Education, institutions of
higher education approved for teacher educator preparation may
cooperate with each other, with the Center for Professional
Development and with one or more county boards in the organization
and operation of to organize and operate centers to provide
selected phases of the teacher educator preparation program. Such
as The phases include, but are not limited to:
(1) Student teaching;
(2) Beginning-teacher internship programs;
(3) Instruction in methodology; and
(4) Seminar programs for college students, teachers with
provisional certification, professional support team members and
supervising teachers.
The institutions of higher education, the Center for
Professional Development and county boards may by mutual agreement
budget and expend funds for the operation of to operate the centers
through payments to the appropriate fiscal office of the participating institutions, the Center for Professional Development
and the county boards.
(f) (j) The provisions of this section shall not be construed
to do not require the discontinuation of an existing student
teacher training center or school which meets the standards of the
state board. of Education.
(g) (k) All institutions of higher education approved for
teacher educator preparation in the school year of one thousand
nine hundred sixty-two--sixty-three school year shall continue to
hold that distinction so long as they meet the minimum standards
for teacher educator preparation. Nothing contained herein shall
infringe in this section infringes upon the rights granted to any
institution by charter given according to law previous to the
adoption of this code.
(l) Notwithstanding any other provision of this section, nor
any other provision of rule, law or this code to the contrary, an
institution of higher education may enter into an agreement with a
nonpublic school:
(1) For the purposes of this section regarding student
teaching;
(2) For the spring, two thousand six academic term only;
(3) If the institution is approved for educator preparation by
the state board; and
(4) If the institution had entered into the agreement for that
academic term prior to the effective date of this section.
(m) As used in this section:
(1) "Nonpublic school" means a private school, parochial
school, church school, school operated by a religious order or
other nonpublic school that elects to:
(A) Comply with the provisions of article twenty-eight,
chapter eighteen of this code;
(B) Participate on a voluntary basis in a state-operated or
state-sponsored program provided to such schools pursuant to this
section; and
(C) Comply with the provisions of this section;
(2) "At-risk" means having the potential for academic failure,
including, but not limited to, the risk of dropping out of school,
involvement in delinquent activity or poverty as indicated by free
or reduced lunch status; and
(3) "Exceptional children" has the meaning ascribed pursuant
to section one, article twenty, chapter eighteen of this code, but
does not include gifted students.
The bill (Eng. Com. Sub. for H. B. No. 4626), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4626) was then 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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4626) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4626--A Bill to amend and
reenact §18A-3-1 of the Code of West Virginia, 1931, as amended,
relating to educator preparation programs generally; adding requirements for the student teaching experience agreement; and
providing for an alternate student teaching experience in a
nonpublic school setting in lieu of the student teaching experience
required in a public school setting.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4626) 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. 4685, Arthritis Prevention Education Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4728, Increasing the membership of the
Environmental Protection Advisory Council from seven to eight
members.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4847, Relating to group limited health
benefits insurance plans.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4849, Relating to the West Virginia
Sunset Law.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-4. Termination of agencies following full performance
evaluations.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a full performance
evaluation has been conducted upon the agency:
(1) On the first day of July, two thousand six: Division of
Motor Vehicles; Department of Revenue; Department of Health and
Human Resources; Department of Environmental Protection; State
Police; Consolidated Public Retirement Board; and Workers'
Compensation.
(2) (1) On the first day of July, two thousand seven: Office
of Health Facilities Licensure and Certification within the
Department of Health and Human Resources; Development Office; Parkways, Economic Development and Tourism Authority; Division of
Highways; Division of Personnel; Office of the Insurance
Commissioner; and Division of Culture and History; Department of
Revenue; Department of Health and Human Resources; Department of
Environmental Protection; and State Police.
(3) (2) On the first day of July, two thousand eight:
Purchasing Division within the Department of Administration;
Division of Rehabilitation Services; Division of Corrections;
Division of Labor; Investment Management Board; and Division of
Natural Resources; and Consolidated Public Retirement Board.
(4) (3) On the first day of July, two thousand nine: Office
of Judges in Workers' Compensation; and Public Land Corporation.
(4) On the first day of July, two thousand twelve: Division of
Motor Vehicles.
§4-10-4a. Termination of agencies previously subject to full
performance evaluations following compliance monitoring and
further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a full performance
evaluation:
(1) On the first day of July, two thousand six: Tourism
Commission within the Development Office.
(2) On the first day of July, two thousand seven: School
Building Authority; and Tourism Commission within the Development Office.
(3) (2) On the first day of July, two thousand eight: James
"Tiger" Morton Catastrophic Illness Commission.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a preliminary
performance review has been conducted upon the agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile Facilities Review Panel.
(2) On the first day of July, one thousand nine hundred
ninety-seven: Public Employees Insurance Agency Advisory Board;
Cable Television Advisory Board.
(3) On the first day of July, one thousand nine hundred
ninety-nine: Tree Fruit Industry Self-improvement Assessment
Program.
(4) On the first day of July, two thousand: Terms of Family
Law Master and Family Law Master System.
(5) On the first day of July, two thousand three: Advisory
Council on Public Health; Governor's Office of Fiscal Risk Analysis
and Management.
(6) On the first day of July, two thousand four: Workers'
Compensation Appeal Board.
(7) On the first day of July, two thousand five: Clean Coal
Technology Council; and Steel Advisory Commission and Steel Futures
Program.
(8) On the first day of July, two thousand six: Family
Protection Services Board; Medical Services Fund Advisory Council;
West Virginia Stream Partners Program; Ohio River Valley Water
Sanitation Commission; State Lottery Commission; Whitewater
Commission within the Division of Natural Resources; Unemployment
Compensation; Women's Commission; Personal Assistance Services
Program; Contractor Licensing Board; State Rail Authority; Office
of Explosives and Blasting; Waste Tire Fund; and Care Home Advisory
Board. Capitol Building Commission; Records Management and
Preservation Board; Public Employees Insurance Agency; Soil
Conservation Committee; and Rural Health Advisory Panel.
(9) On the first day of July, two thousand seven: Human Rights
Commission; Office of Coalfield Community Development; State Fire
Commission; Children's Health Insurance Board; Board of Banking and
Financial Institutions; Lending and Credit Rate Board; Governor's
Cabinet on Children and Families; State Geological and Economic
Survey; and Public Energy Authority and Board; Ron Yost Personal
Assistance Services Program; Records Management and Preservation
Board; Public Employees Insurance Agency; Office of Explosives and
Blasting; Waste Tire Fund; West Virginia Stream Partners Program;
Ohio River Valley Water Sanitation Commission; State Lottery
Commission; Whitewater Commission within the Division of Natural
Resources; and Contractor Licensing Board.
(10) On the first day of July, two thousand eight: Ethics
Commission; Public Service Commission; Parks section and parks
function of the Division of Natural Resources; Office of Water Resources of the Department of Environmental Protection; Marketing
and Development Division of Department of Agriculture; Public
Defender Services; Health Care Authority; Public Employees
Insurance Agency Finance Board; West Virginia Prosecuting Attorneys
Institute; and Design-Build Board.
(11) On the first day of July, two thousand nine: Driver's
Licensing Advisory Board; West Virginia Commission for National and
Community Service; Membership in the Southern Regional Education
Board; Bureau of Senior Services; Oil and Gas Inspector's Examining
Board; Division of Protective Services; Motorcycle Safety Awareness
Board; Commission on Holocaust Education; and Commission for the
Deaf and Hard of Hearing; and Rural Health Advisory Panel.
(12) On the first day of July, two thousand ten: Meat
Inspection Program of the Department of Agriculture; Motor Vehicle
Dealers Advisory Board; Interstate Commission on Uniform State
Laws; Center for Professional Development Board; Interstate
Commission on the Potomac River Basin; and Bureau for Child Support
Enforcement.
(13) On the first day of July, two thousand eleven:
Manufactured Housing Construction and Safety Standards Board; State
Board of Risk and Insurance Management; and State Rail Authority.
(14) On the first day of July, two thousand twelve: Family
Protection Services Board; State Conservation Committee; and
Women's Commission.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following compliance monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a preliminary performance
review:
(1) On the first day of July, two thousand: State Building
Commission.
(2) On the first day of July, two thousand six: State Board
of Risk and Insurance Management.
(3) On the first day of July, two thousand seven: Office of
the Environmental Advocate; Racing Commission; Educational
Broadcasting Authority; and Oral Health Program.
(4) On the first day of July, two thousand eight:
Environmental Quality Board; and Emergency Medical Services
Advisory Council.
(5) On the first day of July, two thousand nine: Capitol
Building Commission.
(5) (6) On the first day of July, two thousand ten: Veterans'
council; and Oil and Gas Conservation Commission; and Unemployment
Compensation.
§4-10-5b. Termination of boards created to regulate professions
and occupations.
(a) The Legislative Auditor shall evaluate each board created
under chapter thirty of this code to regulate professions and
occupations, at least once every twelve years. The evaluation shall assess whether the board complies with the policies and
provisions of chapter thirty of this code and other applicable laws
and rules, whether the board follows a disciplinary procedure which
observes due process rights and protects the public interest and
whether the public interest requires that the board be continued.
(b) The following boards terminate on the date indicated, but
no board terminates under this section unless a regulatory board
evaluation has been conducted upon the board:
(1) On the first day of July, two thousand six: Board of
Examiners in Counseling; Board of Osteopathy; Board of Examiners of
Land Surveyors; Board of Dental Examiners; Board of Licensed
Dietitians; Board of Examiners of Psychologists; and Real Estate
Commission.
(2) On the first day of July, two thousand seven: Board of
Registration for Sanitarians; Board of Embalmers and Funeral
Directors; Board of Optometry; Board of Social Work Examiners;
Board of Respiratory Care Practitioners; Board of Veterinary
Medicine; and Board of Accountancy; and Board of Examiners of
Psychologists.
(3) (2) On the first day of July, two thousand eight: Nursing
Home Administrators Board; Board of Hearing Aid Dealers; Board of
Pharmacy; Board of Medicine; Board of Barbers and Cosmetologists;
and Board of Acupuncture; Board of Licensed Dietitians; Board of
Examiners in Counseling; and Board of Dental Examiners.
(4) (3) On the first day of July, two thousand nine: Board of
Physical Therapy; Board of Chiropractic Examiners; Board of Landscape Architects; and Board of Occupational Therapy; Real
Estate Commission; and Board of Osteopathy.
(5) (4) On the first day of July, two thousand ten: Board of
Registration for Professional Engineers; Board of Examiners for
Registered Professional Nurses; Board of Examiners for Licensed
Practical Nurses; Board of Examiners for Speech Language Pathology
and Audiology; Board of Registration for Foresters; and Radiologic
Technology Board of Examiners.
(5) On the first day of July, two thousand eleven: West
Virginia Board of Professional Surveyors.
(6) On the first day of July, two thousand thirteen: Real
Estate Appraiser Licensure and Certification Board.
(7) On the first day of July, two thousand fourteen: Board of
Architects.
(8) On the first day of July, two thousand fifteen: Massage
Therapy Licensure Board.
The bill (Eng. H. B. No. 4849), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 4849) was then
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4849) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4850, Expediting the sunrise application
process.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §30-1A-2 and §30-1A-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §30-1A-2a, all to read
as follows:
ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND
PROFESSIONS.
§30-1A-2. Required application for regulation of professional or
occupational group.
(a) Any professional or occupational group or organization,
any individual or any other interested party which proposes the
regulation of any unregulated professional or occupational group
shall submit an application for regulation to the Joint Standing
Committee on Government Organization no later than the first day of
December of any year as set out in section two-a of this article.
The Joint Standing Committee on Government Organization may only
accept an application for regulation of a professional or
occupational group when the party submitting an application files
with the committee a statement of support for the proposed
regulation which has been signed by at least ten residents or
citizens of the State of West Virginia who are members of the
professional or occupational group for which regulation is being
sought.
(b) The completed application shall contain:
(1) A description of the occupational or professional group
proposed for regulation, including a list of associations,
organizations and other groups currently representing the practitioners in this state, and an estimate of the number of
practitioners in each group;
(2) A definition of the problem and the reasons why regulation
is deemed necessary;
(3) The reasons why certification, registration, licensure or
other type of regulation is being requested and why that regulatory
alternative was chosen;
(4) A detailed statement of the fee structure conforming with
the statutory requirements of financial autonomy as set out in
subsection (c), section six, article one, chapter thirty of this
code;
(5) A detailed statement of the location and manner in which
the group plans to maintain records which are accessible to the
public as set out in section twelve, article one, chapter thirty of
this code;
(6) The benefit to the public that would result from the
proposed regulation; and
(7) The cost of the proposed regulation.
§30-1A-2a. Date applications are due and reporting date.
(a) For an application for regulation received after the first
day of December and on or before the first day of June, the
Performance Evaluation and Research Division of the Office of the
Legislative Auditor shall present a report to the Joint Committee
on Government Organization by the thirty-first day of December of
that year.
(b) For an application for regulation received after the first day of June and on or before the first day of December, the
Performance Evaluation and Research Division of the Office of the
Legislative Auditor shall present a report to the Joint Committee
on Government Organization by the thirtieth day of June of the next
year.
§30-1A-3. Analysis and evaluation of application.
(a) The Joint Committee on Government Organization shall refer
the completed application of the professional or occupational group
to the Performance Evaluation and Research Division of the Office
of the Legislative Auditor.
(b) The Performance Evaluation and Research Division of the
Office of the Legislative Auditor shall conduct an analysis and
evaluation of the application. The analysis and evaluation shall
be based upon the criteria listed in subsection (c) of this
section. The Performance Evaluation and Research Division of the
Office of the Legislative Auditor shall submit a report, and such
supporting materials as may be required, to the Joint Standing
Committee on Government Organization no later than the first day of
July following the date the proposal is submitted to the joint
standing committee on government organization as set out in section
two-a of this article.
(c) The report shall include evaluation and analysis as to:
(1) Whether the unregulated practice of the occupation or
profession clearly harms or endangers the health, safety or welfare
of the public and whether the potential for the harm is easily
recognizable and not remote or dependent upon tenuous argument;
(2) Whether the public needs, and can reasonably be expected
to benefit from, an assurance of initial and continuing
professional or occupational competence; and
(3) Whether the public can be adequately protected by other
means in a more cost-effective manner.
The bill (Eng. H. B. No. 4850), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 4850) was then
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, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4850) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4850--A Bill to amend and reenact §30-1A-2
and §30-1A-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §30-1A-
2a, all relating to expediting the sunrise application process.
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,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4850) 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. 4855, Making a supplementary appropriation
to the department of education and the arts, department of
environmental protection, department of health and human resources,
etc....
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4856, Making a supplementary appropriation
to the department of commerce - miners' health, safety and training
fund.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4857, Making a supplementary appropriation
to the department of administration - children's health insurance
agency, to the department of commerce - division of natural
resources, to the department of transportation - public port
authority, etc....
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4858, Supplementary appropriation,
secretary of state - state election fund.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2312, Relating to minimum grab bar standards for hotel and motel rooms that are specifically
designated or intended for use by handicapped or disabled guests.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4107, Clearly defining the
offense of abuse or neglect of incapacitated adults or elder
persons which result in the death of such persons, to include the
offense of murder.
With amendments from the Committee on the Judiciary pending;
And has amended same.
Now on second reading, having been read a first time and
rereferred to the Committee on the Judiciary on March 9, 2006;
And reports the same back with the recommendation that it do
pass, as now amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4107) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That º61-2-29 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto three new sections, designated º61-2-29a, º61-2-29b and
º61-2-29c, all to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse or neglect of incapacitated adult; abuse or
neglect of elder person; misappropriation or misuse of assets
or funds of elder person; misappropriation or misuse of assets
or funds of elder person through deception, intimidation,
coercion, bodily injury or threats of bodily injury;
penalties.
(a) The following words when used in this section have the
meaning ascribed, unless the context clearly indicates otherwise:
(1) "Abuse" means the infliction or threat to inflict physical
pain or injury on an incapacitated adult or elder person;
(2) "Caregiver" means an adult who has or shares actual
physical possession or care of an incapacitated adult or elder
person on a full-time or temporary basis, regardless of whether
such person has been designated as a guardian of such adult by any
contract, agreement or legal proceeding. Caregiver includes health
care providers, family members and any person who otherwise
voluntarily accepts a supervisory role towards an incapacitated adult or elder person;
(3) "Neglect" means: (i) The failure to provide the
necessities of life to an incapacitated adult or elder person; or
(ii) the unlawful expenditure or willful dissipation of the funds
or other assets owned or paid to or for the benefit of an
incapacitated adult or elder person;
(4) "Incapacitated adult" means any person who by reason of
physical, mental or other infirmity is unable to physically carry
on the daily activities of life necessary to sustaining life and
reasonable health;
(5) "Elder" means a person age sixty-five years or older;
(6) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition; and
(7) "Custodian" means a person over the age of eighteen years
who has or shares actual physical possession of care and custody of
an elder person on a full-time or temporary basis, regardless of
whether the person has been granted custody of the elder person by
any contract, agreement or legal proceeding.
(b) Any A person, caregiver, guardian or custodian who
neglects an incapacitated adult or elder person, or who knowingly
permits another person to neglect said the adult, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than five hundred dollars nor more than fifteen hundred five
thousand dollars, or imprisoned in the county or regional jail for
not less than ninety days one years nor more than one year, or both
fined and imprisoned.
(c) Any A person, caregiver, guardian or custodian who
intentionally abuses or neglects an incapacitated adult or elder
person is guilty of a felony and, upon conviction thereof, shall,
in the discretion of the court, be confined in a state correctional
facility for not less than two nor more than ten years.
(d) If any person, A caregiver, guardian or custodian of an
elder person or incapacitated adult who willfully misappropriates
or misuses the funds or assets of an incapacitated adult or elder
person for the person's, caregiver's, guardian's or custodian's
personal use, advantage or wrongful profit or to the advantage or
wrongful profit of another he or she is guilty of a felony and,
upon conviction thereof, shall be fined not more than five thousand
dollars and incarcerated in a state correctional facility not less
than two nor more than ten years.
(e) If any person, A caregiver, guardian or custodian of an
elder person or incapacitated adult who, by means of deception,
intimidation, coercion, infliction of bodily injury or threats of
the infliction of bodily injury, willfully misappropriates or
misuses the funds or assets of an incapacitated adult or elder
person for the person's, caregiver's, guardian's or custodian's
personal use, advantage or wrongful profit or to the advantage or
wrongful profit of another he or she is guilty of a felony and,
upon conviction thereof, shall be fined not more than five thousand
dollars and incarcerated in a state correctional facility not less
than five nor more than fifteen years.
(f) Nothing in this article shall be construed to mean an adult is abused or neglected for the sole reason that his or her
independent decision is to rely upon treatment by spiritual means
in accordance with the tenets and practices of a recognized church
or religious denomination or organization in lieu of medical
treatment.
º61-2-29a. Death of an incapacitated adult or elderly person
caused by a caregiver, guardian or custodian.
(a) A caregiver, guardian or custodian of an incapacitated
adult or elder person who maliciously and intentionally causes the
death of an incapacitated adult or elder person under his or her
care, custody or control by his or her refusal to supply the
incapacitated adult or elder person with necessary food, clothing,
shelter or medical care is guilty of a felony and, upon conviction,
shall be imprisoned in a state correctional facility for life. A
person convicted or incarcerated of a violation of this subsection
shall not be eligible for parole until he or she has served fifteen
years.
(b) The provisions of this section do not apply to any
caregiver, guardian or custodian who fails or refuses, or allows
another person to fail or refuse, to supply an incapacitated adult
or elder person with necessary medical care when the medical care
conflicts with the tenets and practices of a recognized religious
denomination or order of which the incapacitated adult or elder
person is an adherent or member.
º61-2-29b. Death of an incapacitated adult or elder person caused
by abuse by a caregiver, guardian, or custodian.
(a) A caregiver, guardian or custodian of an incapacitated
adult or elder person who maliciously and intentionally inflicts
upon an incapacitated adult or elder person under his or her care,
custody or control substantial physical injury, thereby causing the
death of the incapacitated adult or elder person, is guilty of a
felony and, upon conviction, shall be imprisoned in a state
correctional facility for a definite term of not less than ten
years nor more than forty years. A person imprisoned pursuant to
the provisions of this section is not eligible for parole prior to
having served a minimum of ten years of his or her sentence or the
minimum period required by the provisions of section thirteen,
article twelve, chapter sixty-two of this code, whichever is
greater.
(b) The provisions of this section do not apply to any
caregiver, guardian or custodian or other person who, without
malice, fails or refuses, or allows another person to, without
malice, fail or refuse, to supply an incapacitated adult or elder
person with necessary medical care when the medical care conflicts
with the tenets and practices of a recognized religious
denomination or order of which the incapacitated adult or elder
person is an adherent or member. The provisions of this section
shall not apply to any health care provider who fails or refuses,
or allows another person to fail or refuse, to supply an
incapacitated adult or elder person with necessary medical care
when the medical care conflicts with the tenets and practices of a
recognized religious denomination or order of which the incapacitated adult or elder person is an adherent or member or
where the refusal is pursuant to a properly executed do-not-
resuscitate form or other legally recognized advance directive.
º61-2-29c. Neglect of an incapacitated adult or elder person
resulting in death.
(a) A caregiver, guardian or custodian who neglects an
incapacitated adult or elder person under his or her care, custody
or control and by that neglect causes the death of the
incapacitated adult or elder person is guilty of a felony and, upon
conviction thereof, shall be fined not less than one thousand
dollars nor more than five thousand dollars and committed to the
custody of the Division of Corrections for not less than one nor
more than five years.
(b) No incapacitated adult or elder person who, in lieu of
medical treatment, has agreed to treatment, either personally or by
medical power of attorney, solely by spiritual means through prayer
in accordance with a recognized method of religious healing with a
reasonable proven record of success shall, for that reason alone,
be considered to have been neglected within the provisions of this
section. A method of religious healing shall be presumed to be a
recognized method of religious healing if fees and expenses
incurred in connection with the treatment are permitted to be
deducted from taxable income as "medical expenses" pursuant to
regulations or rules promulgated by the United States Internal
Revenue Service.
(c) An incapacitated adult or elder person whose caregiver, guardian or custodian has inhibited or interfered with the
provision of medical treatment in accordance with a court order may
be considered to have been neglected for the purposes of this
section.
(d) The provisions of this section do not apply to
circumstances where the conduct of the caregiver, guardian or
custodian is consistent with a properly executed do-not-resuscitate
form or other legally recognized advance directive.
The bill (Eng. Com. Sub. for H. B. No. 4107), as amended, was
ordered to third reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4447, Authorizing county
boards of education to lease school buses for transportation
associated with fairs, festivals and other educational and cultural
events.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was
first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4518, Relating to substitute
service personnel seniority.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4612, Relating generally to
the West Virginia Women's Commission.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4612) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4690, Making West Virginia
University Institute of Technology a division of West Virginia
University.
With an amendment from the Committee on Education pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 9, 2006;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4690) 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 Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §18B-2-9 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1-2 of said code be amended and reenacted;
that §18B-1B-6 of said code be amended and reenacted; that said
code be amended by adding thereto three new sections, designated
§18B-1C-1, §18B-1C-2 and §18B-1C-3; that §18B-2A-1 of said code be
amended and reenacted; that §18B-3-1 of said code be amended and
reenacted; that §18B-3C-4 and §18B-3C-8 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18B-3C-13; that §18B-3D-2, §18B-3D-3, §18B-3D-
4 and §18B-3D-5 of said code be amended and reenacted; that §18B-6-
1 and §18B-6-1a of said code be amended and reenacted; and that
§18B-10-1 of said code be amended and reenacted, all to read as
follows:
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 meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a) Effective the first day of July, two thousand five seven,
"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 Blue Ridge Community and Technical College, Fairmont State
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 seven,
"Regional campus" means West Virginia University at Parkersburg
Potomac state college of West Virginia University and West Virginia
University Institute of Technology;
(t) 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) "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) "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) "Administratively linked community and technical college"
means a community and technical college created pursuant to section
eight, article three-c of this chapter;
(x) "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) "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) "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) "Council" means the West Virginia Council for Community
and Technical College Education created pursuant to article two-b
of this chapter.
(bb) "West Virginia Consortium for Undergraduate Research and
Engineering" or "West Virginia CURE" means the collaborative
planning group established pursuant to article one-c of this
chapter.
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. The
president serves at the will and pleasure of the governing board.
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.
Until the first day of July, two thousand seven, and 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 the 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 and, effective the first day of
July, two thousand seven, for West Virginia University Institute of
Technology.
(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 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY
§18B-1C-1. Legislative findings and intent.
(a) The Legislature recognizes that:
(1) West Virginia University Institute of Technology is a
vital part of higher education in West Virginia;
(2) The engineering program at West Virginia University
Institute of Technology plays a significant role in the continued
success of the students at the institution and of the state as a
whole;
(3) The average salaries of faculty at West Virginia
University Institute of Technology are significantly lower than the
average salaries of faculty at West Virginia University;
(4) Facilities at West Virginia University Institute of
Technology are in greater disrepair and in greater need of overall
capital investment than are facilities at West Virginia University;
and
(5) Collaboration between the engineering program of West
Virginia University Institute of Technology, West Virginia
University, Marshall University and other private partners as
appropriate would:
(A) Lead to a greater understanding and knowledge of
engineering research;
(B) Lead to greater opportunities for students to engage in
research; and
(C) Result in greater opportunities for participating students
to find gainful employment in future research or to continue graduate level research and study.
(b) It is the intent of the Legislature to encourage
collaboration between West Virginia University Institute of
Technology, West Virginia University, Marshall University and
appropriate private entities to provide significant education
opportunities to students.
(c) It is specifically the intent of the Legislature that:
(1) The baccalaureate engineering program offered at the West
Virginia University Institute of Technology be and remain a
permanent component of its curriculum;
(2) Collaboration in engineering and other appropriate
programs occur between West Virginia University Institute of
Technology, West Virginia University, Marshall University and
appropriate private entities pursuant to section three of this
article; and
(3) The West Virginia University Board of Governors develop a
plan and take appropriate steps to address faculty average salary
levels. In developing the plan, the board may consider the unique
mission of the division and the performance expectations for
faculty in meeting the goals of the institution. The plan also
shall include recommendations for addressing the capital
improvement needs at West Virginia University Institute of
Technology.
§18B-1C-2. West Virginia University Institute of Technology;
division of West Virginia University.
(a) Notwithstanding any other provision of this code to the contrary by the first day of July, two thousand seven, West
Virginia University Institute of Technology shall merge and
consolidate with West Virginia University and become a fully
integrated division of West Virginia University. All
administrative and academic units shall be consolidated with
primary responsibility for direction and support assigned to West
Virginia University. The advisory board previously appointed for
West Virginia University Institute of Technology shall be known as
the board of visitors and shall provide guidance to the division in
fulfilling its mission. The chairperson of the board of visitors
serves as an ex officio, voting member of the West Virginia
University Board of Governors.
(b) The fully integrated division formerly named West Virginia
University Institute of Technology is hereafter named West Virginia
University Institute of Technology. The headquarters of West
Virginia University Institute of Technology shall remain in
Montgomery, West Virginia.
(c) The provisions of this section do not affect the
independent accreditation, administrative linkage or continued
operation of the Community and Technical College at West Virginia
University Institute of Technology under the jurisdiction and
authority of the council.
(d) Auxiliary enterprises shall be incorporated into the West
Virginia University auxiliary enterprise system. The West Virginia
University Board of Governors shall determine if operations at West
Virginia University Institute of Technology can be operated on a self-sufficient basis when establishing rates for auxiliary
services and products.
(e) West Virginia University Institute of Technology has a
strong reputation in engineering and other scientific disciplines.
These programs shall be maintained, cultivated and emphasized
further as its sustaining mission over the next decade.
(f) By the first day of April, two thousand seven, the West
Virginia University Board of Governors shall develop and approve a
plan to implement the provisions of this article. Beginning the
first day of July, two thousand six, the board of governors may
begin implementing appropriate changes in the operations of West
Virginia University Institute of Technology to further the purposes
of this article.
(g) By the first day of November, two thousand six, and
annually thereafter for a period of four years, the West Virginia
University Board of Governors shall prepare and submit a report to
the commission and Legislative Oversight Commission on Education
Accountability on progress being made to implement the provisions
of this article.
(h) The West Virginia University Board of Governors, in
conjunction with the Board of Advisors of The Community and
Technical College at West Virginia University Institute of
Technology, shall conduct a study and report to the council by the
first day of November, two thousand six. The study includes, but
is not limited to, the following issues:
(1) An appropriate governance structure for the community and technical college;
(2) An appropriate name for the community & technical college;
and
(3) The most effective and efficient mechanism to ensure that
all essential conditions for the delivery of community and
technical college education are met, including the most effective
and efficient method for the community and technical college to
obtain services.
The council shall review the study findings, conclusions and
recommendations and report to the Legislative Oversight Commission
on Education Accountability by the first day of January, two
thousand seven. The report of the council shall include a
determination of the need for statutory change, together with
drafts of any legislation necessary to effectuate the council's
recommendations.
§18B-1C-3. West Virginia Consortium for Undergraduate Research and
Engineering established; short title; membership; purpose;
strategic plan; report.
(a) There is established the West Virginia Consortium for
Undergraduate Research and Engineering. This section may be
designated and cited as "West Virginia CURE".
(b) West Virginia CURE is a collaborative planning group
comprised of thirteen members. The Governor shall designate one of
the members to be the chairperson. The members are selected as
follows:
(1) The provost or a designee from West Virginia University Institute of Technology, Marshall University and West Virginia
University;
(2) The director of sponsored programs from West Virginia
University Institute of Technology and the vice presidents for
research from Marshall University and West Virginia University;
(3) The deans of engineering from West Virginia University
Institute of Technology, Marshall University and West Virginia
University; and
(4) Four members appointed by the Governor, each of whom has
demonstrated an interest in public higher education in West
Virginia and each of whom possesses recognized credentials and
expertise in one or more of the following fields:
(A) Engineering;
(B) Technology and computer science;
(C) Research development;
(D) Business leadership and management; and
(E) Finance.
At least one of the members appointed by the Governor shall be
a representative of the engineering profession from business or
industry.
(c) The purposes for which West Virginia CURE is established
include, but are not limited to, the following:
(1) Increasing West Virginia's capacity for high quality
engineering instruction and research;
(2) Increasing access throughout the state to high quality
instruction and research opportunities in science, technology, engineering and mathematics; and
(3) Stimulating economic development throughout West Virginia
by increasing the number of professional engineers available to
business and industry.
(d) Collaborative Engineering Strategic Plan Required. --
CURE shall develop a collaborative engineering strategic plan
to address the needs identified in subsection (c) of this section.
(e) Collaborative Engineering Strategic Plan Elements. --
(1) The Collaborative Engineering Strategic Plan shall focus
on methods to use the complementary strengths of West Virginia
University Institute of Technology, Marshall University and West
Virginia University.
(A) West Virginia University Institute of Technology provides
a student-centered engineering program that provides full-time
faculty attention and small classes. This approach prepares
students well to enter and succeed in the professional practice of
engineering.
(B) Marshall University exhibits a strong commitment to
engineering outreach and has developed an undergraduate engineering
program that builds upon the institution's tradition in liberal
arts and sciences to provide unique, flexible engineering
opportunities that are attractive to a broad range of students.
(C) West Virginia University's large student enrollment and
high quality faculty enables the institution to provide access to
a broad range of undergraduate and graduate engineering programs as
well as opportunities for research-oriented study at the graduate level.
(2) The strategic plan may address, but is not limited to,
consideration of the following elements:
(A) Faculty.
(B) Libraries and technology resources.
(C) Research collaboration.
(D) Coordination with K-12 education.
The strategic plan may not contain a recommendation which
would result in abolishing an existing program.
(3) The consortium shall:
(A) Prepare an interim report outlining its progress and
tentative conclusions for presentation to the Governor and the
Legislative Oversight Commission on Education Accountability no
later than the first day of December, two thousand six; and
(B) Prepare a final report containing the Collaborative
Engineering Strategic Plan, together with recommendations for
implementation, for presentation to the Governor and the
Legislative Oversight Commission on Education Accountability no
later than the first day of July, two thousand seven.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord college University, Eastern West
Virginia Community and Technical College, Fairmont State college University, Glenville State College, Marshall University, New River
Community and Technical College, Shepherd college University,
Southern West Virginia Community and Technical College, West
Liberty State College, West Virginia Northern Community and
Technical College, the West Virginia School of Osteopathic
Medicine, West Virginia State college University and West Virginia
University.
(b) For The Community and Technical College of Shepherd and
New River Community and Technical College the institutional board
of advisors remains in place until the institution achieves
independent accreditation as provided in section eight, article
three-c of this chapter.
(1) As long as the institutional board of advisors remains in
place, the chairperson of the board of advisors serves as an ex
officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves
independent accreditation, the board of advisors is abolished and
a board of governors is established with members appointed pursuant
to this section;
(3) When a board of governors is established for the community
and technical college:
(A) The chairperson of the governing board of the sponsoring
institution serves as an ex officio, nonvoting member of the
governing board of the community and technical college board of
governors; and
(B) The chairperson of the governing board of the community
and technical college serves as an ex officio, nonvoting member of
the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of
governors, the governor shall appoint those persons who are lay
members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) (b) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of seventeen
persons. Each other board of governors consists of twelve persons.
(d) (c) Each board of governors includes the following
members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) 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;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the Institutional Board of Governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the Institutional Board of Advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the Institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor by and
with the advice and consent of the Senate pursuant to this section
and, additionally, the chairperson of the Institutional Board of
Advisors of the Community and Technical College at West Virginia
University Institute of Technology and West Virginia University at
Parkersburg.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(e) (d) Of the eight or nine members appointed by the Governor, no more than five may be of the same political party. Of
the twelve members appointed by the Governor to the governing
boards of Marshall University and West Virginia University, no more
than seven may be of the same political party. Of the eight or
nine members appointed by the Governor, at least six shall be
residents of the state. Of the twelve members appointed by the
Governor to the governing boards of Marshall University and West
Virginia University, at least eight shall be residents of the
state.
(f) (e) The student member serves for a term of one year.
Each term begins on the first day of July.
(g) (f) The faculty member serves for a term of two years.
Each term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.
(h) (g) The member representing classified employees serves
for a term of two years. Each term begins on the first day of
July. Members representing classified employees are eligible to
succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(i) (h) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(j) (i) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth
day of June preceding the commencement of the term. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year. A member may not serve as
chairperson for more than two consecutive years.
(k) (j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(l) (k) A person is ineligible for appointment to membership
on a board of governors of a state institution of higher education
under the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education, an officer or member of any
political party executive committee, the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students or chairpersons of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutional board of advisors of any public institution of higher education; an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or chairpersons of the boards of advisors from being
members of the governing boards.
(m) (l) Before exercising any authority or performing any
duties as a member of a governing board, each member shall qualify
as such by taking and subscribing to the oath of office prescribed
by section five, article IV of the Constitution of West Virginia
and the certificate thereof shall be filed with the Secretary of
State.
(n) (m) A member of a governing board appointed by the
governor may not be removed from office by the governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the governor.
(o) (n) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH, DOCTORAL-
GRANTING PUBLIC UNIVERSITIES.
§18B-3-1. Legislative findings, purpose and intent; definitions.
(a) The Legislature finds that an effective and efficient
system of doctoral-level education is vital to providing for the
economic well-being of the citizens of West Virginia and for
accomplishing established state goals and objectives. As the only
research and doctoral-granting public universities in the state,
Marshall University and West Virginia University are major assets
to the citizens of West Virginia and must be an integral part of
any plan to strengthen and expand the economy.
(b) The Legislature further finds that these two institutions
must compete in both a national and global environment that is
rapidly changing, while they continue to provide high quality
education that is both affordable and accessible and remain
accountable to the people of West Virginia for the most efficient
and effective use of scarce resources.
(c) The Legislature further finds that Marshall University and
West Virginia University, under the direction of their respective
governing boards, have sufficient staff and internal expertise to
manage operational governance of their institutions in an efficient
and accountable manner and can best fulfill their public missions when their governing boards are given flexibility and autonomy
sufficient to meet state goals established in this article and in
section one-a, article one of this chapter.
(d) Therefore, the purposes of this article include, but are
not limited to, the following:
(1) Enhancing the competitive position of Marshall University
and West Virginia University in the current environment for
research and development;
(2) Providing the governing boards of these institutions with
operational flexibility and autonomy, including tools to promote
economic development in West Virginia;
(3) Encouraging the development of research expertise in areas
directly beneficial to the state; and
(4) Focusing the attention and resources of the governing
boards on state goals and priorities to enhance the competitive
position of the state and the economic, social and cultural
well-being of its citizens.
(e) The following terms wherever used or referred to in this
chapter have the following meaning, unless a different meaning
plainly appears from the context:
(1) "State institution of higher education known as Marshall
University" means the doctoral-granting research institution and
does not include Marshall Community and Technical College; and
(2) "State institution of higher education known as West
Virginia University" means the doctoral-granting research
institution and does not include any of the following:
(A) Until the first day of July, two thousand seven, the
regional campus known as West Virginia University Institute of
Technology;
(B) The administratively linked institution known as the
Community and Technical College at West Virginia University
Institute of Technology; and
(C) The regional campus known as West Virginia University at
Parkersburg.
(f) The governing boards of Marshall University and West
Virginia University each have the power and the obligation to
perform functions, tasks and duties as prescribed by law and to
exercise their authority and carry out their responsibilities in a
manner that is consistent with and not in conflict with the powers
and duties assigned by law to the West Virginia council for
Community and Technical College Education and the Higher Education
Policy Commission.
(g) While the governing boards of Marshall University and West
Virginia University, respectively, may choose to delegate powers
and duties to the presidents of the state institutions of higher
education known as Marshall University and West Virginia University
pursuant to subsection (s), section four, article two-a of this
chapter, ultimately, it is they who are accountable to the
Legislature, the Governor and the citizens of West Virginia for
meeting the established state goals set forth in this article and
section one-a, article one of this chapter. Therefore, it is the
intent of the Legislature that grants of operational flexibility and autonomy be made directly to the governing boards and are not
grants of operational flexibility and autonomy to the presidents of
these institutions.
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 decisionmaking;
(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 projects 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.
(B) Participating institutions include Fairmont State
Community and Technical College; 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 Technical 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
Vocation-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 Maintain 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 Maintain a format for development of developing
and revising a consortium compact outlining plans for achieving
stated goals to be submitted to the council annually for approval.
on or before the fifteenth day of November, two thousand four
(g) Annually, 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) Annually, 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.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-8. Statewide network of independently accredited community
and technical colleges.
(a) By the first day of July, two thousand five, West Virginia
shall have There is continued a statewide network of independently accredited community and technical colleges serving every region of
the state. This section does not apply to the freestanding
community and technical colleges 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. The statewide
network of independently accredited community and technical
colleges is comprised of the freestanding community and technical
colleges, West Virginia University at Parkersburg, and the
following state institutions of higher education:
(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 is 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 its 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) As an independently accredited community and technical
college, New River 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) 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 remains
administratively linked to Marshall University. Marshall University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their its 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) The Community and Technical College of Shepherd. -- The
Community and Technical College of Shepherd shall become
(4) Blue Ridge Community and Technical College. -- 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. 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 its 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) 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. Subject to the provisions of this section, the president
and the governing board of West Virginia State College are responsible, according to a plan approved by the 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
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 its 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) 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 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
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 its 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 are 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 is hereafter
named "Blue Ridge Community and Technical College". Any reference
in this code to the Community and Technical College of Shepherd
means Blue Ridge Community and Technical College.
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
§18B-3D-2. Workforce Development Initiative Program continued;
purpose; program administration; rule required.
(a) For the purposes of this article, "development office"
means the West Virginia development office provided in article two,
chapter five-b of this code.
(b) (a) There is under the development office a The Workforce Development Initiative Program is continued under the supervision
of the council. The purpose of the program is to administer and
oversee grants to community and technical colleges to achieve the
purposes implement the provisions of this article in accordance
with legislative intent. The primary responsibility of the
development office as it relates to the workforce development
initiative program is
(b) It is the responsibility of the council to administer the
state fund for community and technical college and workforce
development, including setting criteria for grant applications,
receiving applications for grants, making determinations on
distribution of funds and evaluating the performance of workforce
development initiatives.
(c) The Executive Director of the Development Office
chancellor, under the direction of the council, shall review and
approve the expenditure of all grant funds, including development
of application criteria, the review and selection of applicants for
funding and the annual review and justification of applicants for
grant renewal.
(1) To aid in decisionmaking, the Executive Director of the
Development Office appoints chancellor appoints an advisory
committee consisting of the chancellor of the West Virginia council
for community and technical college education Executive Director of
the West Virginia Development Office or designee; the Secretary of
Education and the Arts or designee; the Assistant State
Superintendent for Technical and Adult Education; the Chair of the West Virginia Council for Community and Technical College
Education; and the Chair of the West Virginia Workforce Investment
Council; the Executive Director of Workforce West Virginia; two
members representing business and industry; and one member
representing labor. The advisory committee shall review all
applications for workforce development initiative grants and make
a report including recommendations for distributing grant funds to
the Executive Director of the Development Office council. The
advisory committee also shall make recommendations on methods to
share among the community and technical colleges any curricula
developed as a result of a workforce development initiative grant.
(2) When determining which grant proposals will be funded, the
Executive Director of the Development Office council shall give
special consideration to proposals by community and technical
colleges that involve businesses with fewer than fifty employees.
(3) The Executive Director of the Development Office council
shall weigh each proposal to avoid awarding grants which will have
the ultimate effect of providing unfair advantage to employers new
to the state who will be in direct competition with established
local businesses.
(d) The Executive Director of the Development Office council
may allocate a reasonable amount, not to exceed five percent up to
a maximum of fifty thousand dollars of the funds available for
grants on an annual basis, for general program administration.
(e) The Executive Director of the Development Office council
shall report to the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on
Workforce Investment for Economic Development on the status of the
Workforce Development Initiative Program annually by the first day
of December.
(f) Moneys appropriated or otherwise available for the
Workforce Development Initiative Program shall be allocated by line
item to an appropriate account. Any moneys remaining in the fund
at the close of a fiscal year are carried forward for use in the
next fiscal year.
(g) Nothing in this article requires a specific level of
appropriation by the Legislature.
§18B-3D-3. Mission of the Workforce Development Initiative
Program.
(a) The statewide mission of the Workforce Development
Initiative Program is to develop a strategy to strengthen the
quality of the state's workforce by linking the existing
post-secondary education capacity to the needs of business,
industry and other employers. Available funding will be used to
provide explicit incentives for partnerships between employers and
community and technical colleges to develop comprehensive workforce
development services. Funds will be granted on the basis of
proposals developed according to criteria established by the
development office council.
(b) The mission of any community and technical college
accepting a workforce development initiative grant is to:
(1) Become client-focused and develop programs that meet documented employer needs;
(2) Involve and collaborate with employers in the development
of programs;
(3) Develop customized training programs that provide for the
changing needs of employers and that are offered at flexible times
and locations to accommodate employer scheduling;
(4) Develop partnerships with other public and private
providers, including small business development centers and
vocational, technical and adult education centers, and, with
business and labor, to fulfill the workforce development needs of
the service area;
(5) Establish cooperative arrangements with the public school
system for the seamless progression of students through programs of
study that begin at the secondary level and conclude at the
community and technical college level, particularly with respect to
career and technical education certificates, associate of applied
science and selected associate of science degree programs for
students seeking immediate employment, individual entrepreneurship
skills, occupational development, skill enhancement and career
mobility; and
(6) Assist in the ongoing assessment of the workforce
development needs of the service area. and
(7) Serve as a visible point of contact and referral for
services to meet the workforce development needs of the service
area.
§18B-3D-4. Grant application procedures.
(a) In order to participate in the Workforce Development
Initiative Grant Program, a community and technical college must
shall meet the following conditions:
(1) Participate in a community and technical college consortia
planning district as required by article three-c of this chapter.
Consortia representatives shall participate in the development of
and approve applications for funding grants under the provisions of
this article and shall approve the workforce development initiative
budget;
(2) Develop, as a component of its institutional compact, a
plan to achieve measurable improvements in the quality of the
workforce within its service area over a five-year period the
period covered by the compact. The plan must be is developed in
partnership with employers, local vocational schools and other
workforce education providers; and
(3) Establish a special revolving fund under the jurisdiction
of the community and technical college consortia dedicated solely
to workforce development initiatives for the purposes provided in
this article. Any fees or revenues generated from workforce
development initiatives funded by a competitive grant shall be are
deposited into this fund.
(b) To be eligible to receive a workforce development
initiative grant, a community and technical college must shall
provide at least the following information in its application:
(1) Identification of the specific business or business sector
training needs that will be met if a workforce development initiative grant is received;
(2) A commitment from the private or public sector partner or
partners to provide a match of one dollar, cash and in-kind, for
each dollar of state grant money received except:
(A) In cases where the community and technical college can
demonstrate in the grant application that it would be a hardship
for the private sector partner or partners being served to provide
the match. In those cases only, the commitment to provide a match
may be reduced to one dollar provided by the private sector partner
or partners, cash and in-kind, for every three dollars of state
grant money provided. In the case of awards for the modernization
of procurement of equipment, the development office may establish
a separate match requirement of up to one dollar, cash and in-kind,
for each dollar of state grant money received to provide a
dollar-to-dollar match, the match may be reduced to one dollar for
each three dollars of state funding.
(B) In cases where the grant award is to be used to modernize
equipment, the council may establish a separate match requirement
not to exceed one dollar, cash or in-kind, for each state dollar
awarded.
(C) Beginning in fiscal year two thousand six, the commitment
required by this subdivision may be provided by a public sector
partner using state or federal dollars to provide the required
match Provided, That no public sector partner using state or
federal dollars to provide the required match is eligible for a
grant under the provisions of this section unless the amount of funding provided by the Legislature for the workforce development
initiative in that fiscal year exceeds six hundred fifty thousand
dollars: Provided, however, That if the amount of funding provided
by the Legislature for the workforce investment initiative in a
fiscal year exceeds six hundred fifty thousand dollars, only one
half of that amount exceeding six hundred fifty thousand dollars
may be granted to a qualified applicant whose commitment of the
required match is from a public sector partner using state or
federal dollars to provide the match if funding for this initiative
in the fiscal year exceeds six hundred fifty thousand dollars in
which case, one-half the amount exceeding six hundred fifty
thousand dollars may be granted using a public sector match;
(3) An agreement to share with other community and technical
colleges any curricula developed using funds from a workforce
development initiative grant;
(4) A specific plan showing how the community and technical
college will collaborate with local post-secondary vocational
institutions to maximize the use of existing facilities, personnel
and equipment; and
(5) An acknowledgment that acceptance of a grant under the
provisions of this article commits the community and technical
college and its consortia committee to such terms, conditions and
deliverables as is specified by the development office council in
the request for applications, including, but not limited to, the
measures by which the performance of the workforce development
initiative will be evaluated.
(c) Applications submitted by community and technical colleges
may be awarded funds for programs which meet the requirements of
this article that are operated on a collaborative basis at
facilities under the jurisdiction of the public schools and
utilized by both secondary and post-secondary students.
§18B-3D-5. Legislative rules.
The Executive Director of the Development Office council shall
propose a legislative rule pursuant to article three-a, chapter
twenty-nine-a of this code to implement the provisions of this
article and shall file the rule with the Legislative Oversight
Commission on Education Accountability no later than the first day
of September, two thousand five six.
Any rule promulgated by the West Virginia Development Office
pursuant to previous enactments of this section and in effect as of
on the effective date of the amendment and reenactment of this
section in the year two thousand five will remain six remains in
effect until amended, modified, repealed or replaced by the
council.
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 are 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 A member may not 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 institutionwide
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 Campus 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.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.
(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among the tuition and fees
any one or more of the following as defined in section one-b of
this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from such accounts, an institution
may expend funds from each such special revenue account for any
purpose for which funds were collected within that account
regardless of the original purpose for which the funds were collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at
the institutions: Provided, That the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are
to be performed.
(d) The commission and council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.
(e) The Legislature finds that an emergency exists and,
therefore, the commission and council jointly shall file the rule
required by subsection (d) of this section as an emergency rule
pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the prior approval of the
Legislative Oversight Commission on Education Accountability.
(f) The schedule of all tuition and fees, and any changes
therein, shall be entered in the minutes of the meeting of the
appropriate governing board and the board shall file with the
commission or council, or both, as appropriate, and the Legislative
Auditor a certified copy of such schedule and changes.
(g) The boards shall establish the rates to be charged full-time students, as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular
term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions.
(h) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing
boards may charge the students for the reasonable and customary
charges incurred in accepting credit cards and other methods of
payment.
(3) If a governing board determines that a student's finances are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code, defining conditions under which an
institution may offer tuition and fee deferred payment plans
through the institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.
(i) In addition to the other fees provided in this section,
each governing board may impose, collect and distribute a fee to be
used to finance a nonprofit, student-controlled public interest
research group if the students at the institution demonstrate
support for the increased fee in a manner and method established by
that institution's elected student government. The fee may not be
used to finance litigation against the institution.
(j) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with the tuition rule proposed by the commission and council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
commission, council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the commission, council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The commission, council or both, as appropriate, shall
certify to the Legislature by the first day of October in the
fiscal year following implementation of the fee, and annually
thereafter, the amount of fees collected for each of the five
years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by their peer institutions.
(k) A penalty may not be imposed by the commission or council
upon any institution based upon the number of nonresidents who
attend the institution unless the commission or council determines
that admission of nonresidents to any institution or program of
study within the institution is impeding unreasonably the ability
of resident students to attend the institution or participate in
the programs of the institution. The institutions shall report
annually to the commission or council on the numbers of
nonresidents and such other enrollment information as the
commission or council may request.
(l) Tuition and fee increases of the governing boards, except
for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the commission and
council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivision (4) of this
subsection, a governing board of an institution under the
jurisdiction of the commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half
percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established,
specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction of the council may propose tuition and fee increases of up to four
and three quarters percent for undergraduate resident students for
any fiscal year. The four and three-quarters percent total
includes the amount of increase over existing tuition and fees,
combined with the amount of any newly established, specialized fee
which may be proposed by a governing board.
(3) The commission or council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) The governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and
West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the commission; and
(B) Set tuition and fee rates for post-baccalaureate resident
students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition
and fee rates of the administratively linked institution known as
Marshall Community and Technical College, the administratively
linked institution known as the Community and Technical College at
West Virginia University Institute of Technology and, until the
first day of July, two thousand seven, the regional campuses known
as West Virginia University Institute of Technology and West
Virginia University at Parkersburg.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia
University requires the approval of the commission or council, as
appropriate. In determining whether to approve or deny the
governing board's request, the commission or council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
commission or council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the commission or
council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of
article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the commission or
council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the commission or
council that the institution is making adequate progress toward
achieving the goals for education established by the southern regional education board; and
(F) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The commission and council shall report to the Legislative
Oversight commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
The bill (Eng. Com. Sub. for H. B. No. 4690), as amended, was
ordered to third 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
Eng. Com. Sub. for House Bill No. 4712, Definitions and
penalties for stalking.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4712) 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.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 3, Requesting Division of
Highways name bridge at Corrine, Wyoming County, "Paul and Roger
Harsanyi Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 2, Naming the bridge on
Cleveland Avenue in Buckhannon, West Virginia, the "William S. O'
Brien Memorial Bridge".
House Concurrent Resolution No. 3, Naming the bridge located
0.01 miles south of County Route 26 and located on Route 85 in the
community of Van, West Virginia, the "Thom Cline Memorial Bridge".
House Concurrent Resolution No. 4, Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry
'Joe' Markle Bridge".
House Concurrent Resolution No. 5, Naming the new Watson
Bridge over the West Fork River on U. S. Route 250 in Fairmont,
Marion County, West Virginia, the "Watson Senior Citizens Bridge in
Honor of Jim Costello".
House Concurrent Resolution No. 6, Naming the section of West
Virginia Route 16 from the intersection of West Virginia Route 16
and West Virginia Route 5, North to the Ritchie County line the
"Sheriff Park D. Richards Memorial Highway".
House Concurrent Resolution No. 7, Requesting the Division of
Highways to name the bridge at McCauley in Hardy County, West
Virginia, the "John and Freda Rudy Memorial Bridge".
House Concurrent Resolution No. 8, Requesting the West
Virginia Division of Highways to name the bridge located at U. S.
Route 2 and Nine Mile Road in Cabell County, West Virginia, the
"David Rickey Carson Memorial Bridge".
House Concurrent Resolution No. 9, Honoring the late Leonard
R. Valentine by declaring the bridge numbered 54 - 1.60 on State
Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach
Val' Memorial Bridge".
House Concurrent Resolution No. 10, Requesting the West
Virginia Division of Highways to name the bridge on I-64 at the
intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia the "Gary Wayne Martini Memorial Bridge".
House Concurrent Resolution No. 11, Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road
in Elkview, West Virginia, the "Private James C. Summers Memorial
Bridge".
House Concurrent Resolution No. 12, Requesting the Division of
Highways name Bridge 4827 the " Sergeant George F. Eubanks Memorial
Bridge".
House Concurrent Resolution No. 15, Requesting the Division of
Highways to name the bridge spanning the Gauley River on Route 39
near Summersville, Nicholas County, the "Brock's Bridge".
House Concurrent Resolution No. 16, Honoring the late Roy M.
Lilly by declaring the one lane bridge on Route 12/7 entering
Corinne Bottom, West Virginia at mile post 0.03 the "Roy M. Lilly
Memorial Bridge".
House Concurrent Resolution No. 20, Naming the bridge which
traverses Buffalo Creek on State Route 2 at the southern entrance
to Wellsburg in Brooke County, the "John G. Chernenko Bridge".
House Concurrent Resolution No. 26, Naming the new bridge
spanning the Elk River in Clendenin, West Virginia, the "Hardman
Brothers Bridge".
House Concurrent Resolution No. 30, Naming the bridge located
on Point Lick Drive in Campbells Creek the "Jimmie D. Bays Bridge".
House Concurrent Resolution No. 31, Requesting the Division of
Highways to name a portion of Sago Road in Upshur County the "Coal
Miner's Memorial Roadway".
House Concurrent Resolution No. 35, Naming the Melissa #1
bridge in Melissa, Cabell County, the "Curtis E. Pelfrey Memorial Bridge".
House Concurrent Resolution No. 43, Requesting the Division of
Highways to name the bridge on State Route 20 that spans the Little
Kanawha River the "Jerry Lee Groves and Thomas Paul Anderson
Memorial Bridge".
House Concurrent Resolution No. 45, Requesting the Division of
Highways to name the new bridge located near Mannington the
"William Calvin Sandy Bridge".
House Concurrent Resolution No. 46, Requesting the Division of
Highways to name the bridge spanning the Guyandotte River located
on County Route 12/4 the "Robert T. (Bob) Carper Vietnam Veteran
Bridge".
House Concurrent Resolution No. 49, Requesting the Division of
Highways to name the bridge at the junction of Route 65 and Route
49 in Matewan, the "Earl Stafford Memorial Bridge".
House Concurrent Resolution No. 59, Requesting the Division of
Highways to name the bridge located on Route 10 in Harts, West
Virginia, the "Harts Veterans' Memorial Bridge".
House Concurrent Resolution No. 60, Requesting the United
States Congress to include a portion of Highway 10 as a corridor to
the Appalachian Highway Development System.
And,
House Concurrent Resolution No. 63, Requesting the Division of
Highways to name the bridge located on County Road 8 near
Petersburg, Grant County, the "Devin Lee Alt Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 14, Requesting the West
Virginia Division of Highways to name State Route 25 from Glen Jean
to Thurmond in Fayette County the "Jon Dragan Road".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 7, Requesting state and
federal government recognize counties of Berkeley and Jefferson as
part of historic Shenandoah Valley.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 7 (originating
in the Committee on Government Organization)--Requesting the State
of West Virginia and the federal government recognize the counties
of Berkeley and Jefferson as part of the historic Shenandoah
Valley.
Whereas, The Shenandoah Valley begins at the Potomac River in
the State of West Virginia and continues southwestward to the city
of Roanoke in the State of Virginia, and is flanked by the Blue
Ridge Mountains to the east and by the Allegheny Mountains to the
west; and
Whereas, The Potomac River forms the northern boundary for the
counties of Berkeley and Jefferson in the State of West Virginia
and the Blue Ridge Mountains are in eastern Jefferson County and
the Allegheny Mountains are in western Berkeley County; and
Whereas, The State of West Virginia was originally part of the
Commonwealth of Virginia until June 20, 1863; and
Whereas, The counties of Berkeley and Jefferson were not
officially annexed by the State of West Virginia until 1872 upon
the ruling of the United States Supreme Court; and
Whereas, In 1996, the United States Congress established the
Shenandoah Valley Battlefields National Historic District and
Commission in the State of Virginia and did not include the
counties of Berkeley and Jefferson in the State of West Virginia;
and
Whereas, Harpers Ferry, Jefferson County, is recognized as an
historical area and the events which transpired there enriched our country's heritage; and
Whereas, The Shenandoah River flows northward and empties into
the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The city of Martinsburg, Berkeley County, is
recognized as an historical area and has many historical buildings,
including the Roundhouse; and
Whereas, Boydville, Berkeley County, is a historic farm that
needs to be nationally recognized; and
Whereas, The counties of Berkeley and Jefferson in the State
of West Virginia should be eligible to become part of the
Shenandoah Valley Battlefields National Historic District and
Commission and be eligible for any other federal programs that are
available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West
Virginia and the federal government recognize the counties of
Berkeley and Jefferson as part of the historic Shenandoah Valley;
and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, West Virginia's congressional delegation, the
Governor of the State of West Virginia, the county commissions of
Berkeley and Jefferson counties and the mayors and city councils of
Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg,
Ranson and Shepherdstown.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Saturday, March 11, 2006, at 11 a.m.
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