sdj-57th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTY-SEVENTH DAY
____________

Charleston, W. Va., Wednesday, March 7, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Raymond Bishop, Pineville Pentecostal Church of God, Pineville, West Virginia.
Pending the reading of the Journal of Tuesday, March 6, 2007,
On motion of Senator Green, 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 of
Eng. Com. Sub. for Senate Bill No. 70, Providing penalties for employing unauthorized workers.
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. Com. Sub. for Senate Bill No. 187, Relating to WV Performance Review Act.
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:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10-10a and §4- 10-11a of the Code of West Virginia, 1931, as amended, be repealed; and that §4-10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4- 10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12, §4-10-13 and §4-10-14 of said code be amended and reenacted, all to read as follows:
ARTICLE 10. PERFORMANCE REVIEW ACT.

§4-10-1. Short title.
This article shall be known as and may be cited as the West Virginia Performance Review Act.

§4-10-2. Legislative findings; performance review process authorized.

(a) The Legislature finds that:
(1) State government has created many state agencies without sufficient legislative oversight, regulatory accountability or an effective system of checks and balances;
(2) State agencies have been created without demonstrable evidence that their benefits to the public clearly justify their creation;
(3) Once established, state agencies tend to acquire permanent status, often without regard for the condition that gave rise to their establishment;
(4) State agencies have been allowed to establish rules and at times may acquire autonomy and authority inconsistent with principles of accountability;
(5) Employees of state agencies are often beyond the effective control of elected officials and efforts to encourage modernization or to review performance become difficult;
(6) Regulatory boards established pursuant to chapter thirty of this code need periodic review to ascertain the need for their continuation; and
(7) By establishing a process for the objective review of state agencies and regulatory boards, their programs, functions and activities, the Legislature may evaluate the need for their continued existence, consolidation or termination, and improve government efficiency, effectiveness, and accountability.
(b) The Legislature hereby authorizes a process to review the operation and performance of state agencies and regulatory boards to determine the need for their continued existence, consolidation or termination.
§4-10-3. Definitions.
As used in this article, unless the context clearly indicates a different meaning:
(a) "Agency" or "state agency" means a state governmental entity, including any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity in the State of West Virginia.
(b) "Agency review" means a review performed on agencies of a department pursuant to the provisions of this article.
(c) "Committee" means the Joint Committee on Government Operations.
(d) "Compliance review" means a review for compliance with recommendations contained in a previous agency review or regulatory board review conducted pursuant to the provisions of this article and may include further inquiry of other issues as directed by the President, the Speaker, the Legislative Auditor, the Committee or the Joint Standing Committee.
(e) "Department" means the departments created within the executive branch, headed by a secretary appointed by the Governor, as authorized by the code of West Virginia.
(f) "Department presentation" means a presentation by a department pursuant to the provisions of this article.
(g) "Division" means the Performance Evaluation and Research Division of the Legislative Auditor.
(h) "Joint Standing Committee" means the Joint Standing Committee on Government Organization.
(i) "Privatize" means a contract to procure the services of a private vendor to provide a service that is similar to, and/or in lieu of, a service provided by a state agency;
(j) "Regulatory Board" means a board that regulates professions and occupations, created under the provisions of chapter thirty of this code.
(k) "Regulatory Board Review" means a review performed on a regulatory board pursuant to the provisions of this article.
§4-10-4. Joint Committee on Government Operations.
(a) The Joint Committee on Government Operations created by prior enactment of this article is hereby continued.
(b) The committee is composed of fifteen members as follows:
(1) Five members of the Senate, to be appointed by the President, with no more than three being from the same political party;
(2) Five members of the House of Delegates, to be appointed by the Speaker, with no more than three being from the same political party; and
(3) Five citizen members from this state who are not legislators, public officials or public employees, to be appointed by the Speaker of the House and the President of the Senate, with no more than three being from the same political party and at least one of whom shall reside in each congressional district of this state.
(c) The committee has two cochairs, one selected by the President of the Senate from the members appointed from the Senate, and one selected by the Speaker of the House of Delegates from the members appointed from the House of Delegates.
(d) All members of the committee serve until their successors have been appointed.
(e) All members of the committee are entitled to compensation and reimbursement for expenses as authorized for members of the Legislature in accordance with the performance of their interim duties.

§4-10-5. Powers and duties of the committee and joint standing committee.

(a) To carry out the duties set forth in this article, the committee or the Joint Standing Committee, any authorized employee of the committee, the Joint Standing Committee, the Legislative Auditor or any employee of the Division working at the direction of the committee or the Joint Standing Committee, shall have access, including copying, to all records of every state agency in West Virginia.
(b) When furnishing information, agencies shall provide the information in the format in which it is requested, if the request is specific as to a preferred format.
(c) The committee or the Joint Standing Committee may hold public hearings in furtherance of the purposes of this article, at such times and places within the state as desired. A member of the committee or the Joint Standing Committee may administer oaths to persons testifying at such hearings or meetings.
(d) The committee or the Joint Standing Committee may issue a subpoena, with the signature of either cochair of the committee or the Joint Standing Committee and served in the manner provided by law, to summon and compel the attendance of witnesses and their examination under oath and the production of all books, papers, documents and records necessary or convenient to be examined and used by the committee or Joint Standing Committee in the performance of its duties.
(e) If any witness subpoenaed to appear at any hearing or meeting refuses or fails to appear or to answer questions put to him or her, or refuses or fails to produce books, papers, documents, or records within his or her control when the same are demanded, the committee or the Joint Standing Committee, in its discretion, may enforce obedience to its subpoena by attachment, fine or imprisonment, as provided in article one of this chapter, or may report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and the court shall compel obedience to the subpoena as though it had been issued by the court.
(f) Witnesses subpoenaed to attend hearings or meetings pursuant to the provisions of this article, except officers or employees of the state, shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury.
(g) The committee or the Joint Standing Committee, subject to the approval of the Joint Committee on Government and Finance, may employ such persons as it considers necessary to carry out the duties and responsibilities under this article and may contract for outside expertise in conducting reviews.
(h) The committee or the Joint Standing Committee may collect, and the agency or regulatory board shall promptly pay, the costs associated with conducting the reviews performed under this article, upon presentation of a statement for the costs incurred. All money received by the committee or the Joint Standing Committee from this source shall be expended only for the purpose of covering the costs associated with such services, unless otherwise directed by the Legislature.
§4-10-6. Department presentation and schedule.
(a) During the two thousand seven legislative interim period, each department shall make a presentation pursuant to the provisions of this section to the Joint Standing Committee and the committee.
(b) The department shall provide to the Joint Standing Committee and the committee a written copy of the presentation. The presentation shall include:
(1) A departmental chart designating each agency under the purview of the department;
(2) An analysis of the department's internal performance measures and self-assessment systems; and
(3) For each agency under the purview of the department, the following:
(A) The mission, goals and functions of the agency;
(B) The statutory or other legal authority under which the agency operates;
(C) The number of employees of the agency for the immediate past ten years;
(D) The budget for the agency for the immediate past ten years;
(E) Any potential or actual loss of revenue due to operations, changes in law or any other reason;
(F) The extent to which the agency has operated in the public interest;
(G) The extent to which the agency has complied with state personnel practices, including affirmative action requirements;
(H) The extent to which the agency has encouraged public participation in the making of its rules and decisions and has encouraged interested persons to report to it on the impact of its rules and decisions on the effectiveness, economy and availability of services that it has provided;
(I) The efficiency with which public inquiries or complaints regarding the activities of the agency have been processed and resolved;
(J) The extent to which statutory, regulatory, budgeting or other changes are necessary to enable the agency to better serve the interests of the public and to comply with the factors enumerated in this subsection; and
(K) A recommendation as to whether the agency should be continued, consolidated or terminated.
(c) The schedule for the presentations by the departments shall be as follows:
(1) May, two thousand seven, Department of Administration;
(2) June, two thousand seven, Department of Education and the Arts;
(3) July, two thousand seven, Department of Education, including the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education;
(4) August, two thousand seven, Department of Revenue;
(5) September, two thousand seven, Department of Environmental Protection;
(6) October, two thousand seven, Department of Health and Human Resources, including the Bureau of Senior Services;
(7) November, two thousand seven, Department of Commerce;
(8) December, two thousand seven, Department of Military Affairs and Public Safety; and
(9) January, two thousand eight, Department of Transportation.
§4-10-7. Agency review.
(a) The committee and the Joint Standing Committee shall conduct agency reviews, or authorize the division to conduct agency reviews as one of its duties in addition to its other duties prescribed by law, in accordance with Generally Accepted Government Auditing Standards (GAGAS) as promulgated by the U. S. Government Accountability Office, on one or more of the agencies under the purview of a department, during the year in which the department is scheduled for review under the provisions of this article.
(b) The agency review may include, but is not limited to:
(1) An identification and description of the agency under review;
(2) The number of employees of the agency for the immediate past ten years;
(3) The budget for the agency for the immediate past ten years;
(4) Whether the agency is effectively and efficiently carrying out its statutory duties or legal authority;
(5) Whether the activities of the agency duplicate or overlap with those of other agencies, and if so, how these activities could be consolidated;
(6) A cost-benefit analysis, as described in subsection (e) of this section, on state services that are privatized or contemplated to be privatized;
(7) An analysis of the extent to which agency websites are accurate, updated and user-friendly;
(8) An assessment of the utilization of information technology systems within the agency, including interagency and intra-agency communications;
(9) An analysis of any issues raised by the presentation made by the department pursuant to the provisions of this article;
(10) An analysis of any other issues as the committee or the Joint Standing Committee may direct; and
(11) A recommendation as to whether the agency under review should be continued, consolidated or terminated.
(c) The committee or the Joint Standing Committee may vote on the recommendation as to whether the agency under review should be continued, consolidated or terminated. Recommendations of the committee or the Joint Standing Committee shall be given considerable weight in determining if an agency should be continued, consolidated or terminated.
(d) An agency may be subject to a compliance review pursuant to the provisions of this article.
(e) A cost benefit analysis authorized by this section may include:
(1) The tangible benefits of privatizing the service;
(2) Any legal impediments that may limit or prevent privatization of the service;
(3) The availability of multiple qualified and competitive private vendors; and
(4) A cost comparison, including total fixed and variable, direct and indirect, costs of the current governmental operation and the private vendor contract.
§4-10-8. Schedule of departments for agency review.
(a) Each department shall make a presentation pursuant to the provisions of this article, to the Joint Standing Committee and the committee during the first interim meeting after the regular session of the year in which the department is to be reviewed pursuant to the schedule set forth in subsection (b) of this section.
(b) An agency review shall be performed on one or more agencies under the purview of each department at least once every six years, commencing as follows:
(1) Two thousand eight, the Department of Administration;
(2) Two thousand nine, the Department of Education and the Arts, and the Department of Education, including the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education;
(3) Two thousand ten, the Department of Revenue and the Department of Commerce;
(4) Two thousand eleven, the Department of Environmental Protection and the Department of Military Affairs and Public Safety;
(5) Two thousand twelve, the Department of Health and Human Resources, including the Bureau of Senior Services; and
(6) Two thousand thirteen, the Department of Transportation.
§4-10-9. Regulatory board review.
(a) The committee and the Joint Standing Committee shall conduct regulatory board reviews, or authorize the division to conduct regulatory board reviews as one of its duties in addition to its other duties prescribed by law, in accordance with Generally Accepted Government Auditing Standards (GAGAS) as promulgated by the U. S. Government Accountability Office, on each regulatory board to ascertain if there is a need for the continuation, consolidation or termination of the regulatory board.
(b) A regulatory board review shall be performed on each regulatory board at least once every twelve years. A regulatory board may be subject to a compliance review pursuant to the provisions of this article.
(c) When a new regulatory board is created, a date for a regulatory board review shall be included in the act that creates the board, within twelve years of the effective date of the act.
(d) The regulatory board review may include:
(1) Whether the board complies with the policies and provisions of chapter thirty of this code and other applicable laws and rules;
(2) Whether the board follows a disciplinary procedure which observes due process rights and protects the public interest;
(3) Whether the basis or facts that necessitated the initial licensing or regulation of a profession or occupation have changed, or other conditions have arisen that would warrant increased, decreased or the same degree of regulation;
(4) Whether the composition of the board adequately represents the public interest and whether the board encourages public participation in its decisions rather than participation only by the industry and individuals it regulates;
(5) Whether statutory changes are necessary to improve board operations to enhance the public interest;
(6) An analysis of any other issues the committee or the Joint Standing Committee may direct; and
(7) A recommendation as to whether the regulatory board under review should be continued, consolidated or terminated.
(e) The committee or the Joint Standing Committee may vote on the recommendation as to whether the regulatory board under review should be continued, consolidated or terminated. Recommendations of the committee or the Joint Standing Committee shall be given considerable weight in determining if an regulatory board should be continued, consolidated or terminated.
§4-10-10. Regulatory board review schedule.
(a) A regulatory board review is required for all regulatory boards.
(b) A regulatory board review shall be performed on each regulatory board at least once every twelve years, commencing as follows:
(1) Two thousand eight: Board of Acupuncture; Board of Barbers and Cosmetologists; and Board of Examiners in Counseling.
(2) Two thousand nine: Board of Hearing Aid Dealers; Board of Licensed Dietitians; and Nursing Home Administrators Board.
(3) Two thousand ten: Board of Dental Examiners; Board of Medicine; and Board of Pharmacy.
(4) Two thousand eleven: Board of Chiropractic Examiners; Board of Osteopathy; and Board of Physical Therapy.
(5) Two thousand twelve: Board of Occupational Therapy; Board of Examiners for Speech Language Pathology and Audiology; and Medical Imaging and Radiation Therapy Board of Examiners.
(6) Two thousand thirteen: Board of Professional Surveyors; Board of Registration for Foresters; and Board of Registration for Professional Engineers.
(7) Two thousand fourteen: Board of Examiners for Licensed Practical Nurses; Board of Examiners for Registered Professional Nurses; and Massage Therapy Licensure Board.
(8) Two thousand fifteen: Board of Architects; Board of Embalmers and Funeral Directors; and Board of Landscape Architects.
(9) Two thousand sixteen: Board of Registration for Sanitarians; Real Estate Appraiser Licensure and Certification Board; and Real Estate Commission.
(10) Two thousand seventeen: Board of Accountancy; Board of Respiratory Care Practitioners; and Board of Social Work Examiners.
(11) Two thousand eighteen: Board of Examiners of Psychologists; Board of Optometry; and Board of Veterinary Medicine.

§4-10-11. Compliance review.

(a) After an agency review or a regulatory board review, if the committee or the Joint Standing Committee finds that an agency or a regulatory board needs further review, then the committee or the Joint Standing Committee may request a compliance review.
(b) If the committee or the Joint Standing Committee requests a compliance review for an agency or a regulatory board, then it must state, in writing, the specific reasons for the compliance review and its expected completion date.

§4-10-12. Termination of an agency or regulatory board; reestablishment of terminated agency or regulatory board.

(a) If the Legislature terminates an agency or regulatory board, then the agency or regulatory board shall continue in existence until the first day of July of the next succeeding year for the purpose of winding up its affairs. Upon the expiration of one year after termination, the agency or regulatory board shall cease all activities.
(b) During the wind-up year, the impending termination may not reduce nor otherwise limit the powers or authority of that terminated agency or regulatory board.
(c) An agency that has been terminated pursuant to the provisions of this article may be reestablished by the Legislature. If the agency is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the agency is considered continued.
(d) If a regulatory board is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the regulatory board is considered continued. If a regulatory board is not reestablished by the Legislature during the wind-up year, then the regulatory board is considered terminated and the profession or occupation must apply for regulation through the sunrise process, under the provisions of this code, to be reestablished.

§4-10-13. Disposition of agency or regulatory board assets, equipment, and records after termination.

(a) On or before the thirtieth day of June of the wind-up year, the terminated agency or regulatory board shall file a written statement with the Secretary of the Department of Administration and the Division describing the disposition of its funds, assets, equipment and records.
(b) The division shall review the statement of the terminated agency or regulatory board and report the results of its review to the committee and the Joint Standing Committee.
(c) Any unexpended funds of the terminated agency or regulatory board shall revert to the fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund.
(d) All remaining assets and equipment of a terminated agency or regulatory board shall be transferred to the secretary of the department of which it was a part or to the state agency for surplus property in the Department of Administration.
(e) The records of a terminated agency or regulatory board shall be deposited with the Department of Administration.

§4-10-14. Nullifying agency and regulatory board termination under prior law.

No agency or regulatory board terminates pursuant to references to this article.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 187--A Bill to repeal §4- 10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10-10a and §4-10-11a of the Code of West Virginia, 1931, as amended; and to amend and reenact §4-10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4-10-7, §4- 10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12, §4-10-13 and §4-10-14 of said code, all relating to the West Virginia Performance Review Act; updating the legislative findings and definitions; continuing the Joint Committee on Government Operations; updating powers and duties of the Joint Committee on Government Operations and the Joint Committee on Government Organization; requiring department presentations; establishing a new agency review procedure and schedule; establishing a new regulatory board review procedure and schedule; authorizing compliance reviews; clarifying termination procedures; and providing that agencies and boards do not terminate pursuant to prior enactments.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 187, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 187) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 187) 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 amendment, as to
Eng. Com. Sub. for Senate Bill No. 411, Creating Correctional Center Nursery Act.
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 nine, section six, line sixteen, by striking out the word "three" and inserting in lieu thereof the word "two".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 411, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 411) 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, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 415, Authorizing magistrate courts assess fee for criminal records checks.
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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-7. Records of magistrate court; reports.
(a) Records of the judicial transactions of magistrate court shall be kept as required by the rules of the Supreme Court of Appeals. If, after judgment is rendered in a matter, no appeal is ~~taken~~ filed within the time allotted, the records of ~~such~~ the proceedings shall be forwarded to the magistrate court clerk. ~~or, if there is no magistrate court clerk, to the clerk of the Circuit Court. Such~~ The records shall be maintained by ~~such~~ the magistrate court clerk in accordance with the rules of the Supreme Court of Appeals.
Records of the financial dealings of the magistrate court shall be kept as may be required by the rules of the State Auditor, ~~chief inspector of public offices~~ who shall promulgate ~~such~~ the rules only after consultation with the Supreme Court of Appeals.
A The magistrate court shall prepare and submit ~~such~~ the reports as may be required by the rules of the Supreme Court of Appeals or by the ~~chief inspector of public offices~~ State Auditor.
(b) (1) Upon receipt of a written request, the magistrate court clerk shall perform a criminal history record search of criminal records in his or her possession. Each request shall be accompanied by a twenty-five dollar fee for each name that is to be the subject of the records search.
(2) The provisions of this subsection shall not apply to:
(A) Federal, state, county or municipal officials;
(B) Court-appointed attorneys;
(C) Prosecuting attorneys; and
(D) Persons utilizing court provided public access terminals.
(3) All moneys collected pursuant to this subsection shall be remitted to the general fund in the State Treasury on or before the tenth day of the following month.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 415, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 415) 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 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. 435, Clarifying Consolidated Local Government Act.
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 six, after section one, by adding the following:
ARTICLE 7. ELECTIONS ON METRO GOVERNMENT.
§7A-7-6. Municipalities within territory remain incorporated in metro government.

Municipalities, other than the principal city, are not automatically consolidated into the metro government. Upon the approval by voters of metro consolidation, municipalities within the territory of the metro government~~, other than the principal city,~~ remain incorporated and continue to perform their functions as permitted by law unless dissolved or consolidated pursuant to section eight of this article.;
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §7A-1-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §7A-4-1 of said code be amended and reenacted; and that §7A-7-6 of said code be amended and reenacted, all to read as follows:;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 435--A Bill to amend and reenact §7A-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §7A-4-1 of said code; and to amend and reenact §7A-7-6 of said code, all relating to metro government; clarifying the constitutional authority for the creation of a metro government; increasing the time frame for a charter review committee to conclude its study; providing plans for metro government formation; and providing that municipalities other than the principal city are not automatically consolidated into a metro government.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 435, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 435) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 435) 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. Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating to grievance procedures for certain state and educational employees.
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 pages eight through nineteen, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) ~~Education and State~~ West Virginia Public Employees Grievance Board provided for in article ~~twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine~~ three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; ~~and~~
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) ~~The Bureau of Employment Programs~~ Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
~~(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.~~
~~(f)~~ (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
~~(g)~~ (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
~~(h)~~ (g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
~~(i)~~ (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
~~(j)~~ (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
~~(k)~~ (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
~~(l)~~ (k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(m)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decisionmakers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(n)~~ (m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(o)~~ (n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.";
On page twenty, section one, after line twenty-one, by adding a new subsection, designated subsection (e), to read as follows:
(e) Any grievance proceeding which is in process on the effective date of the enactment of this article will be completed as expeditiously as possible, and all outstanding orders for hearings must be completed by the first day of July, two thousand seven. Parties to grievances for which a hearing has not been held may, by agreement, proceed to either level two or level three.;
On page twenty-eight, section three, lines one hundred six and one hundred seven by striking out the words "make them readily available in the work place by the chief administrator" and inserting in lieu thereof the words "provide them to chief administrators to make available";
On page twenty-eight, section three, line one hundred eleven, by striking out the word "either" and inserting in lieu thereof the word "any";
On page thirty, section three, line one hundred sixty, after the word "copy" by inserting the words "of the recording";
On page thirty, section three, line one hundred sixty-one, after the word "for" by inserting the words "paying for and";
On page thirty, section three, lines one hundred sixty-one and one hundred sixty-two, by striking out the words "copy of the";
On page thirty, section three, line one hundred sixty three, after the word "party" by inserting the words "or the court";
On page thirty-four, section four, line thirty-one, by striking out the word "a" and inserting in lieu thereof the word "the";
On page thirty-five, section four, line fifty-four, by striking out the word "a" and inserting in lieu thereof the word "the";
On page thirty-nine, section six, lines three and four, after the word "expenses" by striking out the comma words "except with regard to transcriptions";
On page forty-one, section one, line forty-one, after the word "district" by inserting a comma and the words "with no more than two members from any one district";
On page forty-six, section four, lines seven and eight, by striking out the words "amend, repeal and enforce" and inserting in lieu thereof the words "amend and repeal";
On page sixty-seven, section two, line one hundred, by striking out the word "six-a" and inserting in lieu thereof the word "six-c";
On page sixty-seven, section two, line one hundred twelve, by striking out the word "six-a" and inserting in lieu thereof the word "six-c";
And,
By striking out the title and inserting in lieu thereof a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 442--A Bill to repeal §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-29- 6, §18-29-7, §18-29-8, §18-29-9, §18-29-10 and §18-29-11 of the Code of West Virginia, 1931, as amended; to repeal §29-6A-1, §29- 6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new article, designated §6C-2- 1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a new article, designated §6C-3- 1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5 and §6C-3-6; to amend and reenact §11-10A-8 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-7-4 of said code; to amend and reenact §21-5E-4 of said code; to amend and reenact §22C-7-2 of said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E-5a of said code, all relating to state employees grievance procedures; establishing a new West Virginia public employees grievance procedure; discontinuing the Education and State Employees Grievance Board; creating the West Virginia Public Employees Grievance Board with five members appointed by the Governor; giving the board new powers, duties, rule-making authority and data collection responsibilities; creating a uniform grievance procedure with three levels for certain public employees; clarifying definitions and general grievance procedures; prohibiting supervisors from representing employees they evaluate; clarifying and reorganizing general provisions; increasing time frames in grievance procedure; defining default provisions; eliminating laches and defining back pay; establishing that employees may be represented at conferences, hearings and meetings at any step of the procedure; clarifying the procedure for conferences and hearings; removing hearing examiners from the grievance procedure; and making technical corrections to affected sections of the code.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 442, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills and Yoder--4.
Absent: Sharpe--1.
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. 442) 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, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills and Yoder--4.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 442) 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. 454, Renaming and restructuring Bureau of Employment Programs.
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 ten, section nine, after line sixty-seven, by inserting a new subsection, designated subsection (g), to read as follows:
(g) Workforce West Virginia shall maintain an official website that contains a registry of all business entities approved to do business with the state and on the same website a separate registry of businesses approved to do business with the Department of Transportation. The posting must state a disclaimer that the list is not an official list.;
On pages ten through twenty-four, by striking out all of section one and inserting in lieu thereof a new section one, to read as follows:
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency and Public Employees Insurance Agency Advisory Board provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) ~~Education and State~~ West Virginia Public Employees Grievance Board provided for in article ~~twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine~~ three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided for in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code; ~~and~~
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) ~~The Bureau of Employment Programs~~ Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
~~(e) Workers' Compensation Commission provided in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.~~
~~(f)~~ (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
~~(g)~~ (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
~~(h)~~ (g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
~~(i)~~ (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of this code;
(8) Fire Commission provided in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
~~(j)~~ (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
~~(k)~~ (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
~~(l)~~ (k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(m)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decisionmakers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(n)~~ (m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(o)~~ (n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code. ;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 454--A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1 of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of Employment Programs; changing the agency name from the Bureau of Employment Programs to Workforce West Virginia; revising the divisional structure within the agency; requiring Workforce West Virginia to display certain information on its website; and providing that Workforce West Virginia shall provide administrative and other services to the West Virginia Workforce Investment Council.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 454) and requested the House of Delegates to recede therefrom.
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 Senate amendment to the House of Delegates amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Senate Bill No. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
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 Senate Bill No. 539, Relating to Deputy Sheriff Retirement System.
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 nineteen, section eleven, after line seventeen, by striking out the remainder of the section and inserting in lieu thereof the following:
(a) Normal retirement. -- A member whose annuity starting date is the date the member attains normal retirement age or later is entitled to his or her accrued retirement benefit ~~without adjustment for age at commencement~~ based on years of service and final average salary at termination of employment. To the extent that a member's starting date is later than his or her normal retirement age, the amount of that member's retirement income benefit shall be adjusted as provided in subsection (c) of this section.
(b) Early retirement. -- A member who ceases covered employment and has attained early retirement age while in covered employment may elect to receive retirement income payments commencing on the first day of the month coincident with or following the date the member ceases covered employment. "Normal retirement age" for such a member is the first day of the calendar month coincident with or next following the month in which the member attains the age of fifty years. If the member's annuity starting date is prior to the date the member attains normal retirement age, his or her accrued benefit is reduced to the actuarial equivalent benefit amount based on the years and months by which his or her annuity starting date precedes the date he or she attains normal retirement age. ~~If the member's annuity starting date is later than the date the member attains the age of fifty years, the accrued benefit is adjusted as provided in subsection (c) of this section.~~ (c) ~~Late retirement.~~ -- A member whose annuity starting date is later than the date the member attains normal retirement age shall receive retirement income payments in the normal form which is the actuarial equivalent of the benefit to which he or she would have been entitled had the retirement income payments commenced at the member's normal retirement age.
~~(d)~~ Retirement benefits shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board. Notwithstanding any other provision of the plan, a member who is married on the annuity starting date will receive his or her retirement income payments in the form of a sixty-six and two-thirds percent joint and survivor annuity with his or her spouse unless prior to the annuity starting date the spouse waives the form of benefit.;
And,
Eng. Com. Sub. for Senate Bill No. 539--A Bill to amend and reenact §7-14D-2, §7-14D-9 and §7-14D-11 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; amending the definition of "annuity start date"; requiring a member's application for retirement; and providing the basis for determining a member's retirement benefit.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 539, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 539) 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 concurrence by that body in the passage of
Eng. Senate Bill No. 540, Providing tax credits for certain utility taxpayers.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Senate Bill No. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Browning, Perry and Duke.
On motion of Senator Chafin, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Edgell, Stollings and Hall.
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. Com. Sub. for Senate Bill No. 607, Providing elected political party executive committee members' term of office.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 610, Relating to electronic voting systems generally.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 617, Requiring voter history on statewide registration system.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 618, Relating to filing requirements for write-in candidates.
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 amendment, as to
Eng. Com. Sub. for Senate Bill No. 619, Relating to election day procedures and preparation.
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 seven, section thirty-four, lines one hundred five and one hundred six, by striking out the words "section five-e" and inserting in lieu thereof the words "subsection (e), section five".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 619, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 619) 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, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 754, Clarifying restrictions on certain political contributions from political committees.
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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

§3-8-9. Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements; delegation of expenditures.

(a) No ~~candidate,~~ financial agent or treasurer of a political ~~party~~ committee shall pay, give or lend, either directly or indirectly, any money or other thing of value for any election expenses, except for the following purposes:
(1) For rent, maintenance, office equipment and other furnishing of offices to be used as political headquarters and for the payment of necessary clerks, stenographers, typists, janitors and messengers actually employed therein;
(2) In the case of a candidate who does not maintain a headquarters, for reasonable office expenses, including, but not limited to, filing cabinets and other office equipment and furnishings, computers, computer hardware and software, scanners, typewriters, calculators, audio visual equipment, the rental of the use of the same, or for the payment for the shared use of same with the candidate's business and for the payment of necessary clerks, stenographers and typists actually employed;
(3) For printing and distributing books, pamphlets, circulars and other printed matter and radio and television broadcasting and painting, printing and posting signs, banners and other advertisements, including contributions to charitable, educational or cultural events, for the promotion of the candidate, the candidate's name or an issue on the ballot;
(4) For renting and decorating halls for public meetings and political conventions, for advertising public meetings and for the payment of traveling expenses of speakers and musicians at such meetings; (5) For the necessary traveling and hotel expenses of candidates, political agents and committees and for stationery, postage, telegrams, telephone, express, freight and public messenger service;
(6) For preparing, circulating and filing petitions for nomination of candidates;
(7) For examining the lists of registered voters, securing copies thereof, investigating the right to vote of the persons listed therein and conducting proceedings to prevent unlawful registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and television broadcasting of documents, articles, speeches, arguments and any information relating to any political issue, candidate or question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the purpose of this section, the phrase "conducting of public opinion poll or polls" shall mean and be limited to the gathering, collection, collation and evaluation of information reflecting public opinion, needs and preferences as to any candidate, group of candidates, party, issue or issues. No such poll shall be deceptively designed or intentionally conducted in a manner calculated to advocate the election or defeat of any candidate or group of candidates or calculated to influence any person or persons so polled to vote for or against any candidate, group of candidates, proposition or other matter to be voted on by the public at any election: Provided, That nothing herein shall prevent the use of the results of any such poll or polls to further, promote or enhance the election of any candidate or group of candidates or the approval or defeat of any proposition or other matter to be voted on by the public at any election;
(11) For legitimate advertising agency services, including commissions, in connection with any campaign activity for which payment is authorized by subdivisions (3), (4), (5), (6), (7), (9) and (10) of this subsection;
(12) For the purchase of memorials, flowers or citations by political party executive committees or political action committees representing a political party;
(13) For the purchase of nominal noncash expressions of appreciation following the close of the polls of an election or within thirty days thereafter;
(14) For the payment of dues or subscriptions to any national, state or local committee of any political party; ~~and~~
(15) For contributions to a county party executive committee, state party executive committee or a state party legislative caucus political committee; and
(16) For contributions to a candidate committee: Provided, That a candidate committee may not contribute to another candidate committee except as otherwise provided by section ten of this article.
(b) A political action committee may not contribute to another political action committee or receive contributions from another political action committee: Provided, That a political action committee may receive contributions from its national affiliate, if any.
~~(b)~~ (c) Every liability incurred and payment made shall be ~~at a~~ ~~rate and for a total amount which is proper and reasonable and fairly commensurate with~~ for the fair market value of the services rendered.
~~(c)~~ (d) Every advertising agency subject to the provisions of this article shall file, in the manner and form required by section five-a of this article, the financial statements required by section five of this article at the times required therein and include therein, in itemized detail, all receipts from and expenditures made on behalf of a candidate, financial agent or treasurer of a political party committee.
~~(d)~~ (e) Any candidate may designate a financial agent by a writing duly subscribed by him which shall be in such form and filed in accordance with the provisions of section four of this article.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 754, 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 754) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on March 1, 2007, he had approved Enr. Committee Substitute for House Bill No. 2120; and on March 6, 2007, he had approved Enr. House Bill No. 2791 and Enr. House Bill No. 2917.
The Senate proceeded to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Com. Sub. for Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study effects of coal slurry.
Senate Concurrent Resolution No. 52, Requesting Joint Committee on Government and Finance study feasibility of constructing covered promenades and handicapped ramps on Capitol second floor outdoor walkways.
Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study authorizing municipalities means to satisfy liens.
And,
Senate Concurrent Resolution No. 63, Requesting Joint Committee on Government and Finance study regulating Professional Employer Organization industry.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,

Earl Ray Tomblin,

Chairman ex officio.
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. 3106, Increasing the number of family court judges and realigning certain districts to address excessive workloads.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 5, 2007;
And reports the same back with the recommendation that it do pass.
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. House Bill No. 3141, Relating to whom assessors may issue proof of payment of personal property taxes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Yoder, Bailey, Barnes, Chafin, Hunter, Kessler, Jenkins and McKenzie offered the following resolution:
Senate Concurrent Resolution No. 67-- Requesting the Joint Committee on Government and Finance study the feasibility, effectiveness and desirability of changing the venue of civil actions when the state is a defendant.
Whereas, Article two, chapter fourteen of the Code of West Virginia provides that any suit against an officer of the state or against the state shall be brought and prosecuted only in the circuit court of Kanawha County; and
Whereas, As a result, judges in the Kanawha County circuit have higher caseloads and are overworked while judges in other circuits are underutilized; and
Whereas, It is reasonable to consider a fairer distribution of cases throughout the state to eliminate the need for the addition of more circuit court judges; 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, effectiveness and desirability of changing the venue of civil actions when the state is a defendant; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Yoder, Guills, Caruth, Sprouse, Boley, Sypolt and Deem offered the following resolution:
Senate Concurrent Resolution No. 68--Requesting the Joint Committee on Government and Finance study the economic impact of state and federal prevailing wage laws in West Virginia.
Whereas, The Legislature desires to provide the citizens of this state with a sustainable working wage whilemaximizing the economic and financial returns from state expenditures; and
Whereas, A need exists to analyze the benefits and costs associated with the mandates of various prevailing wage laws, including the prevailing wage laws of this state, as well as federal laws such as the Davis-Bacon Act; and
Whereas, The Legislature needs to examine the effect of these laws on development opportunities, taxpayer spending and potential taxpayer savings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the economic impact of state and federal prevailing wage laws in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator McCabe offered the following resolution:
Senate Concurrent Resolution No. 69-- Requesting the Joint Committee on Government and Finance study statutory provisions for annexation of unincorporated territory by municipal corporations.
Whereas, The annexation provisions of article six, chapter eight of the Code of West Virginia regarding annexation of unincorporated territory by municipal corporations greatly affects citizens in both the municipality and the county involved in the annexation process; and
Whereas, There are potential savings to municipalities and counties involved in the annexation process and citizens may benefit from improvements in the accountability and public discussion of annexation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study statutory provisions for annexation of unincorporated territory by municipal corporations; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the provisions for annexation of unincorporated territory by municipal corporations to ensure accountability, fairness and the furtherance of the public policies contained in the Consolidated Local Government Act; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the cost effectiveness of the annexation process to ensure the financial soundness of any annexation plan and the provision of all necessary public services to both the municipality and the unincorporated territory affected; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 70--Requesting the Division of Highways name bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County, the "C. Vincent Townsend, Sr., Bridge".
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg, Berkeley County, on May 25, 1923, the son of Clarence William and Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg High School, Potomac State College, West Virginia University and the Medical College of Virginia. Dr. Townsend served as a physician in the United States Navy at the Portsmouth Naval Hospital and on the USS Adirondack, an amphibious command ship, during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and cardiology for more than 40 years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State Medical Association "Physician of the Year Award" in 2000 and Dr. Townsend helped establish the local Heart Association, a pediatric heart clinic and the Shriner's Hospital Evaluation and Fund drives. He also acted as a cardiology consultant at the local Veterans' Administration hospital. Former Governor Jay Rockefeller appointed Dr. Townsend as Medical Director of Emergency Medical Services in regions eight and nine and, in this capacity, he participated in the establishment of the 911 service and a paramedic training program; and
Whereas, Dr. Townsend has served as Master of his local Freemason lodge in Martinsburg and is a past Grandmaster of the Grand Lodge of West Virginia. He has enjoyed a long and active membership in the local Rotary Club. Other positions and affiliations include the presidency of King's Daughter's Hospital and City Hospital staff, Eastern Panhandle Medical Society, Eastern Panhandle Heart Association, Junior Board of Trade, Eastern Panhandle Shrine Club, Burke Street School PTA and Medical College of Virginia Valley Chapter and West Virginia Chapter. He is a past director of the local Chamber of Commerce, past director of the West Virginia Heart Association, past director of Old National Bank and One Valley Bank and director emeritus of Branch Banking and Trust. He has been a member of the Sons of the American Revolution, Elks, Sons of Confederate Veterans, American Legion and numerous other organizations, not the least of which is the Exhausted Roosters which, in 1972, gave him honor by naming him the Exuberant Gizzard of the Exhausted Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis, have three sons: Clarence Vincent Townsend, Jr., a hospital administrator, Gary Miles Townsend, a physician and attorney, and Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend and his wife also have seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his family, his medical profession, his patients, his community, the State of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County, the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Dr. C. Vincent Townsend, Sr.
Which, under the rules, lies over one day.
Senators Bowman, Jenkins, McKenzie and Kessler offered the following resolution:
Senate Resolution No. 45--Congratulating the Oak Glen High School wrestling team on winning the 2007 Class AA/A state wrestling championship.
Whereas, The Oak Glen High School wrestling team had an excellent regular season in 2006-2007, which earned it the opportunity to compete in the prestigious Best Value Invitational tournament, which the team won; and
Whereas, The Oak Glen High School wrestling team then captured the renowned Ohio Valley Athletic Conference tournament, which is one of the largest and most competitive wrestling tournaments in the country; and
Whereas, The Oak Glen High School wrestling team next earned the Regional One Championship and the opportunity to participate in the 2007 State Class AA/A wrestling championship tournament; and
Whereas, The 2007 Oak Glen High School wrestling team is the only school, in any sport, in the history of the State of West Virginia to win 11 consecutive state championships; and
Whereas, The 2007 Oak Glen High School wrestling team, consisting of head coach Larry Shaw, assistant coaches Tim Ralph, Brian Six and Bob Wilson, athletic trainer Randy Elliott, statisticians Lindsey Mumford, Cortney Atkinson and Mollie Gibson and members Mark Montgomery, T. J. Osbon, Jack Wright, Ethan Dray, Nick McAvoy, Cody Miller, Carson Ralston, Zack Six, Ryan Asbury, Jimmy Boyd, Troy Eckleberry, Dalton Lancaster, David Mahan, Zac Montero, Doug Murray, Paden Potts, Joe Ramilla, A. J. Rhodes, Ethan Smith, Dominick Burchett, Justin Greathouse, Joel Paolo, Zack Rawson and Aaron Smith, is commended for its hard work and dedication; and
Whereas, Oak Glen High School's unprecedented wrestling legacy is a credit to the outstanding coaching ability of six-time West Virginia Coach of the Year Larry Shaw and his devoted assistant coaches, along with the outstanding athletic ability, dedication and sportsmanship of each team member; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Oak Glen High School wrestling team on winning the 2007 Class AA/A state wrestling championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the each coach and team member of the 2007 Oak Glen High School wrestling team.
At the request of Senator Bowman, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Guills presented a petition from Larry Baxter and numerous Greenbrier County residents, requesting an independent panel to investigate allegations of misconduct by the Greenbrier County Sheriff's Department.
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 71 (originating in the Committee on Natural Resources)-- Requesting the Joint Committee on Government and Finance study taxation and valuation of managed timberland.
Whereas, The West Virginia Legislature has found and declared in section eleven, article one-c, chapter eleven of the Code of West Virginia that public welfare is enhanced by encouraging and sustaining the abundance of high quality forest land within the state; that economic pressures may force industrial, residential or other land development inconsistent with sustaining the forests; and that tax policy should provide an incentive for private owners of forest land to preserve the character and use of land as forest land and to make management decisions which enhance the quality of the future forest; and
Whereas, In exercising the authority granted by the provisions of section fifty-three, article VI of the Constitution of West Virginia, the Legislature declared and provided that managed timberland shall be valued as managed timberland when it is managed under a cooperative contract with the Division of Forestry; and
Whereas, It is believed that managed timberland valuation may be depriving certain counties of needed revenue and impeding economic development in one or more counties; and
Whereas, The majority of West Virginia's forests are owned by nonindustrial private landowners; and
Whereas, Less than one fourth of eligible forest land has been enrolled as managed timberland; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study taxation and valuation of managed timberland; and, be it
Further Resolved, That the Joint Committee on Government and Finance should consider whether the findings, purposes and declarations of the Legislature as set forth in section eleven, article one-c, chapter eleven of the Code of West Virginia continue to meet appropriate standards of equity, efficiency and fairness; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being granted, the resolution (S. C. R. No. 71) contained in the foregoing report from the Committee on Natural Resources was taken up for immediate consideration.
On motion of Senator Fanning, 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. 72 (originating in the Committee on Education)-- Requesting the Joint Committee on Government and Finance study application of equivalent state- approved professional development toward the renewal of a professional teaching certificate.
Whereas, Current law provides that one of the requirements for teacher certification renewal is the completion of six semester hours of approved credit; and
Whereas, Additional options for the renewal of a teaching certificate, such as workshops and seminars, should be explored; and
Whereas, Only professional development activities that are of sufficient rigor to meet the standards required to attach college credit to should be considered; and
Whereas, Renewal requirements should include the successful completion of activities that enhance the instructional effectiveness of the teacher toward increasing student achievement; and
Whereas, A committee of representatives of higher education and other professional development providers should review proposals for approval of professional development for the use in certificate renewal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study application of equivalent state-approved professional development toward the renewal of a professional teaching certificate; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Plymale, unanimous consent being granted, the resolution (S. C. R. No. 72) contained in the foregoing report from the Committee on Education was taken up for immediate consideration.
On motion of Senator Plymale, the resolution was referred to the Committee on Rules.
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. 2309, Relating to tourism development projects and tourism expansion projects.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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. 2775, Exempting new residents from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
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 third reading calendar, Engrossed House Bill No. 2568; and from the Senate second reading calendar, Engrossed Committee Substitute for House Bill No. 2027, Engrossed Committee Substitute for House Bill No. 2078, Engrossed Committee Substitute for House Bill No. 2206, Engrossed Committee Substitute for House Bill No. 2380, Engrossed Committee Substitute for House Bill No. 2422, Engrossed House Bill No. 2526, Engrossed House Bill No. 2578, Engrossed Committee Substitute for House Bill No. 2583, Engrossed House Bill No. 2703, Engrossed Committee Substitute for House Bill No. 2787, Engrossed Committee Substitute for House Bill No. 2840, Engrossed Committee Substitute for House Bill No. 2877, Engrossed Committee Substitute for House Bill No. 2938, Engrossed House Bill No. 2956, Engrossed House Bill No. 2989, Engrossed House Bill No. 2991, Engrossed House Bill No. 3072, Engrossed Committee Substitute for House Bill No. 3093 and Engrossed House Bill No. 3270.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 65, Requesting Joint Committee on Government and Finance study developing tourism attractions in less-developed counties.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development; and then to the Committee on Rules.
Senate Concurrent Resolution No. 66, Requesting Joint Committee on Government and Finance study veterans' mental health, alcohol and substance abuse issues.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2349, Continuing the Board of Registration for Sanitarians.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2349) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2349) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2568, Extending the sunset provision regarding racial profiling analysis.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2574, Continuing the Board of Social Work Examiners.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2574) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2574) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2586, Continuing the Board of Veterinary Medicine.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2586) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2586) 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. 2587, Continuing the Board of Optometry.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2587) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2587) 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. 2590, Authorizing the Department of Revenue 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2590) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2590) 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. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2712) 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. 2741, Relating to worthless checks.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2741) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2741--A Bill to amend and reenact §61-3-39a, §61-3-39b , §61-3-39f and §61-3-39h of the Code of West Virginia, 1931, as amended, all relating to worthless checks; providing a defense for payment of worthless check within ten days; authorizing magistrate courts to accept certain criminal complaints from private citizens ; preventing assessment of costs against a complainant in certain circumstances; requiring the defendant in a worthless check prosecution to pay court costs for each worthless check charge of which he or she stands convicted; and requiring the defendant to pay the additional court costs for each worthless check charge dismissed as a result of a plea agreement.
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. 2748, Relating to the receipt and transfer of scrap metal.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2748) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2748--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the receipt and transfer of scrap metal; imposing additional reporting and record-retention requirements for certain purchasers of copper, aluminum, brass, lead or other nonferrous metal or steel railroad track and track material; clarifying procedure by which law-enforcement officers may take custody of materials made of such metals; providing for the inspection of records and materials by investigators employed by public utilities and railroads; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations.
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. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2776) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2776--A Bill to amend and reenact §31-17-1, §31-17-2 and §31-17-11 of the Code of West Virginia, 1931, as amended, all relating to mortgage broker, lender and loan originator licenses; requiring certain licensees to license all loan originators; and permitting the Banking Commissioner to enter into information-sharing agreements with other mortgage regulators.
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. 2870, Authorizing the court to order payment into the Domestic Violence Legal Services Fund under certain circumstances.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2870) 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. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2973) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2973) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2988, Relating to the West Virginia Tax Procedure and Administration 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2988) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2988) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2990, Making technical corrections to assure the proper collection of offset fees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2990) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 2990) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 3073, Relating to prohibiting financial institutions from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate, under certain circumstances.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3073) 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. 3117, Clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3117) 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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 3117) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2027, Allowing awards under the crime victims compensation program to be made to victims of identity theft.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2051, Including lasers as a method of proving the speed of 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 two, section seven, line seven, by striking out the words "two and three" and inserting in lieu thereof the words "two, three and four".
The bill (Eng. Com. Sub. for H. B. No. 2051), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild turkey taken while hunting.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2206, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2380, Exempting the purchase of certain drugs, durable medical goods, etc., from the consumers sales and service tax.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2422, Providing cost-saving measures in connection with providing medical care in regional jails.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2526, Allowing acupuncturists to form limited liability companies.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2578, Continuing current mental health parity laws for group insurance plans.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2583, Relating to the expansion of newborn testing.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2585, Relating to the renewal of teaching certificates and permanent certification.
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:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18A-3-11 of the Code of West Virginia, 1931, as amended, be repealed; that §5-16-2 of said code be amended and reenacted; that §18-7A-3 of said code be amended and reenacted; that §18-7B-2 of said code be amended and reenacted; that §18-23-4a of said code be amended and reenacted; that §18A-3-3 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-3-11, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-2. Definitions.
The following words and phrases as used in this article, unless a different meaning is clearly indicated by the context, have the following meanings:
(1) "Agency" means the Public Employees Insurance Agency created by this article.
(2) "Director" means the Director of the Public Employees Insurance Agency created by this article.
(3) "Employee" means any person, including an elected ~~officers~~ officer, who works regularly full time in the service of the State of West Virginia and, for the purpose of this article only, the term "employee" also means any person, including an elected ~~officers~~ officer, who works regularly full time in the service of a county board of education; a county, city or town in the state; any separate corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community mental health center or comprehensive mental retardation facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to section one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county or municipal funds; any person who works regularly full time in the service of the ~~university of West Virginia board of trustees or the board of directors of the state college system~~ Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board, as defined in section two, article one, chapter eighteen-b of this code; ~~and~~ any person who works regularly full time in the service of a combined city-county health department created pursuant to article two, chapter sixteen of this code; and any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code. ~~On and after the first day of January, one thousand nine hundred ninety-four, and~~ Upon election by a county board of education to allow elected board members to participate in the public employees insurance program pursuant to this article, any person elected to a county board of education shall be considered to be an "employee" during the term of office of the elected member. Upon election by the State Board of Education to allow appointed board members to participate in the public employees insurance program pursuant to this article, any person appointed to the State Board of Education is considered an "employee" during the term of office of the appointed member: Provided, That the elected member of a county board of education and the appointed member of the State Board of Education shall pay the entire cost of the premium if he or she elects to be covered under this article. Any matters of doubt as to who is an employee within the meaning of this article shall be decided by the director.
On or after the first day of July, one thousand nine hundred ninety-seven, a person shall be considered an "employee" if that person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in section one, article one, chapter eighteen-a of this code;
(ii) Has been designated, in writing, by all other participants in that job-sharing arrangement as the "employee" for purposes of this section; and
(iii) Works at least one third of the time required for a full-time employee.
(4) "Employer" means the State of West Virginia, its boards, agencies, commissions, departments, institutions or spending units; a county board of education; a county, city or town in the state; any separate corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community mental health center or comprehensive mental retardation facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to section one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county or municipal funds; ~~and~~ a combined city-county health department created pursuant to article two, chapter sixteen of this code; and a corporation meeting the description set forth in section three, article twelve, chapter eighteen-b of this code that is employing a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen of this code but the corporation is not considered an employer with respect to any employee other than a 21st Century Learner Fellow. Any matters of doubt as to who is an "employer" within the meaning of this article shall be decided by the director. The term "employer" does not include within its meaning the national guard.
(5) "Finance board" means the Public Employees Insurance Agency Finance Board created by this article.
(6) "Person" means any individual, company, association, organization, corporation or other legal entity, including, but not limited to, hospital, medical or dental service corporations; health maintenance organizations or similar organization providing prepaid health benefits; or individuals entitled to benefits under the provisions of this article.
(7) "Plan", unless the context indicates otherwise, means the medical indemnity plan, the managed care plan option or the group life insurance plan offered by the agency.
(8) "Retired employee" means an employee of the state who retired after the twenty-ninth day of April, one thousand nine hundred seventy-one, and an employee of the university of West Virginia board of trustees, or the board of directors of the state college system, the Higher Education Policy Commission, the Council for Community and Technical College Education, a state institution of higher education or a county board of education who retires on or after the twenty-first day of April, one thousand nine hundred seventy-two, and all additional eligible employees who retire on or after the effective date of this article, meet the minimum eligibility requirements for their respective state retirement system and whose last employer immediately prior to retirement under the state retirement system is a participating employer: Provided, That for the purposes of this article, the employees who are not covered by a state retirement system but who are covered by a state-approved or state-contracted retirement program shall, in the case of education employees, meet the minimum eligibility requirements of the State Teachers Retirement System and in all other cases, meet the minimum eligibility requirements of the Public Employees Retirement System.
CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-3. Definitions.
(a) As used in this article, unless the context clearly require a different meaning:
(1) "Accumulated contributions" means all deposits and all deductions from the gross salary of a contributor plus regular interest.
(2) "Accumulated net benefit" means the aggregate amount of all benefits paid to or on behalf of a retired member;
(3) "Annuities" means the annual retirement payments for life granted beneficiaries in accordance with this article.
(4) "Average final salary" means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided in this article, or if total service is less than fifteen years, the average annual salary for the period on which contributions were made.
(5) "Beneficiary" means the recipient of annuity payments made under the retirement system.
(6) "Contributor" means a member of the retirement system who has an account in the Teachers Accumulation Fund.
(7) "Deposit" means a voluntary payment to his or her account by a member.
(8) "Employer" means the agency of and within the state which has employed or employs a member.
(9) "Employment term" means employment for at least ten months, a month being defined as twenty employment days.
(10) "Gross salary" means the fixed annual or periodic cash wages paid by a participating public employer to a member for performing duties for the participating public employer for which the member was hired. Gross salary also shall ~~also~~ include retroactive payments made to a member to correct a clerical error, or pursuant to a court order or final order of an administrative agency charged with enforcing federal or state law pertaining to the member's rights to employment or wages, with all ~~such~~ the retroactive salary payments to be allocated to and ~~deemed~~ considered paid in the periods in which the work was or would have been done. Gross salary shall not include lump sum payments for bonuses, early retirement incentives, severance pay, or any other fringe benefit of any kind including, but not limited to, transportation allowances, automobiles or automobile allowances, or lump sum payments for unused, accrued leave of any type or character.
(11) "Internal Revenue Code" means the Internal Revenue Code of 1986, as it has been amended.
(12) "Member" means a member of the retirement system.
(13) "Members of the administrative staff of the public schools" means deans of instruction, deans of men, deans of women, and financial and administrative secretaries.
(14) "Members of the extension staff of the public schools" means every agricultural agent, boys' and girls' club agent and every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.
(15) "New entrant" means a teacher who is not a present teacher.
(16) "Nonteaching member" means any person, except a teacher member, who is regularly employed for full-time service by: (a) Any county board of education; (b) the State Board of Education; (c) the ~~West Virginia Board of Regents [abolished]~~ Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board, as defined in section two, article one, chapter eighteen-b of this code; or (d) the Teachers Retirement Board.
(17) "Pick-up service" means service that a member was entitled to, but which the employer has not withheld or paid for.
(18) "Plan year" means the twelve-month period commencing on the first day of July and ending the following thirtieth day of June of any designated year.
(19) "Present member" means a present teacher who is a member of the retirement system.
(20) "Present teacher" means any person who was a teacher within the thirty-five years beginning the first day of July, one thousand nine hundred thirty-four, and whose membership in the retirement system is currently active.
(21) "Prior service" means all service as a teacher completed prior to the first day of July, one thousand nine hundred forty-one, and all service of a present member who was employed as a teacher, and did not contribute to a retirement account because he or she was legally ineligible for membership during the service.
(22) "Public schools" means all publicly supported schools, including colleges and universities in this state.
(23) "Refund beneficiary" means the estate of a deceased contributor or a person he or she has nominated as beneficiary of his or her contributions by written designation duly executed and filed with the retirement board.
(24) "Refund interest" means interest compounded, according to the formula established in legislative rules, series seven of the Consolidated Public Retirement Board.
(25) "Regular interest" means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the Consolidated Public Retirement Board.
(26) "Regularly employed for full-time service" means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay.
(27) "Required beginning date" means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy and one-half years; or (b) the calendar year in which the member retires or ceases covered employment under the system after having attained the age of seventy and one-half years.
(28) "Retirement system" means the State Teachers Retirement System provided for in this article.
(29) "Teacher member" means the following persons, if regularly employed for full-time service: (a) Any person employed for instructional service in the public schools of West Virginia; (b) principals; (c) public school librarians; (d) superintendents of schools and assistant county superintendents of schools; (e) any county school attendance director holding a West Virginia teacher's certificate; (f) the Executive Secretary of the Retirement Board; (g) members of the research, extension, administrative or library staffs of the public schools; (h) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the state superintendent performing services of an educational nature; (i) employees of the State Board of Education who are performing services of an educational nature; (j) any person employed in a nonteaching capacity by the State Board of Education, any county board of education, the State Department of Education or the Teachers Retirement Board, if that person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections, the Division of Health or the Division of Human Services; ~~and~~ (l) employees of the State Board of School Finance, if that person was formerly employed as a teacher in the public schools; and (m) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code who elects to remain a member of the Teachers Retirement System provided for in this article.
(30) "Total service" means all service as a teacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any.
The masculine gender shall be construed so as to include the feminine.
Age in excess of seventy years shall be considered to be seventy years.

ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-2. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) "Defined contribution system" or "system" means the Teachers' Defined Contribution Retirement System created and established by this article:
(2) "Existing retirement system" means the State Teachers Retirement System established in article seven-a of this chapter;
(3) "Existing employer" means any employer who employed or employs a member of the existing retirement system;
(4) "Consolidated board" or "board" means the Consolidated Public Retirement Board created and established pursuant to article ten-d, chapter five of this code;
(5) "Member" or "employee" means the following persons, if regularly employed for full-time service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher's certificate; (F) members of the research, extension, administrative or library staffs of the public schools; (G) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the state superintendent performing services of an educational nature; (H) employees of the State Board of Education who are performing services of an educational nature; (I) any person employed in a nonteaching capacity by the State Board of Education, any county board of education or the State Department of Education if that person was formerly employed as a teacher in the public schools; (J) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections and the Department of Health and Human Resources; (K) any person who is regularly employed for full-time service by any county board of education or the State Board of Education ~~and~~ (L) the administrative staff of the public schools including deans of instruction, deans of men and deans of women, and financial and administrative secretaries; and (M) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code who elects to remain a member of the Teachers' Defined Contribution System established by this article;
(6) "Regularly employed for full-time service" means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay;
(7) "Year of employment service" means employment for at least ten months, a month being defined as twenty employment days: Provided, That no more than one year of service may be accumulated in any twelve-month period;
(8) "Employer" means the agency of and within the State of West Virginia which has employed or employs a member;
(9) "Compensation" means the full compensation actually received by members for service whether or not a part of the compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions;
(10) "Public schools" means all publicly supported schools, including normal schools, colleges and universities in this state;
(11) "Member contribution" means an amount reduced from the employee's regular pay periods, and deposited into the member's individual annuity account within the Defined Contribution Retirement System;
(12) "Employer contribution" means an amount deposited into the member's individual annuity account on a periodic basis coinciding with the employee's regular pay period by an employer from its own funds;
(13) "Annuity account" or "annuity" means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends or other accumulations credited on behalf of the member;
(14) "Retirement" means a member's withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement;
(15) "Permanent, total disability" means a mental or physical incapacity requiring absence from employment service for at least six months: Provided, That the incapacity is shown by an examination by a physician or physicians selected by the Board: Provided, however, That for employees hired on or after the first day of July, two thousand five, permanent, total disability means an inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than twelve months and the incapacity is so severe that the member is likely to be permanently unable to perform the duties of the position the member occupied immediately prior to his or her disabling injury or illness.
(16) "Plan year" means the twelve-month period commencing on the first day of July of any designated year and ending on the following thirtieth day of June;
(17) "Required beginning date" means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy-one and one-half years; or (b) the calendar year in which the member retires or otherwise ceases employment with a participating employer after having attained the age of seventy and one-half years; and
(18) "Internal Revenue Code" means the Internal Revenue Code of 1986, as it has been amended.

ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

§18-23-4a. Supplemental and additional retirement plans for employees; payroll deductions; authority to match employee contributions; retroactive curative and technical corrective action.

(a) Any reference in this code to the "additional retirement plan" relating to state higher education employees, means the Higher Education Retirement Plan provided in this section. Any state higher education employee participating in a retirement plan upon the effective date of this section continues to participate in that plan and may not elect to participate in any other state retirement plan. Any such retirement plan continues to be governed by the provisions of law applicable on the effective date of this section.
(b) The Higher Education Policy Commission, on behalf of the governing boards and itself, shall contract for a retirement plan for its employees, to be known as the Higher Education Retirement Plan. The governing boards and Higher Education Policy Commission shall make periodic deductions from the salary payments due the employees in the amount they are required to contribute to the Higher Education Retirement Plan, which deductions shall be six percent.
(c) The Higher Education Policy Commission and the governing boards, with policy commission approval, may contract for a supplemental retirement plan for any or all of their employees to supplement the benefits the employees otherwise receive. The governing boards and Higher Education Policy Commission may make additional periodic deductions from the salary payments due the employees in the amount they are required to contribute for the supplemental retirement plan.
(d) The Higher Education Policy Commission shall conduct a study of the feasibility of offering multiple vendors of retirement products and services to be offered for the benefit of higher education employees. The commission shall report the findings of the study, along with a plan for offering multiple vendors for the employees, to the Joint Committee on Pensions and Retirement no later than the first day of December, two thousand one. Upon approval by the Joint Committee on Pensions and Retirement, the commission shall provide a choice of vendors to their employees. any selection of vendors made by the commission shall be determined according to a request for proposal issued pursuant to the provisions of section four, article five, chapter eighteen-b of this code.
(e) Each governing board and the Higher Education Policy Commission, by way of additional compensation to their employees, shall pay an amount equal to the contributions of the employees into the higher education retirement plan from funds appropriated to the board or commission for personal services.
(f) Each participating employee has a full and immediate vested interest in the retirement and death benefits accrued from all the moneys paid into the Higher Education Retirement Plan or a supplemental retirement plan for his or her benefit. Upon proper requisition of a board or the Higher Education Policy Commission, the Auditor shall periodically issue a warrant, payable as specified in the requisition, for the total contributions so withheld from the salaries of all participating employees and for the governing board's or Higher Education Policy Commission's matching funds.
(g) Any person whose employment commences on or after the effective date of this section, and who is eligible to participate in the Higher Education Retirement Plan, shall participate in that plan and is not eligible to participate in any other state retirement system: Provided, That the foregoing provision does not apply to a person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code. The additional retirement plan contracted for by the governing boards prior to the effective date of this section remains in effect unless changed by the Higher Education Policy Commission. Nothing in this section may be construed to consider employees of the governing boards as employees of the Higher Education Policy Commission, nor is the Higher Education Policy Commission responsible or liable for retirement benefits contracted by, or on behalf of, the governing boards.
(h) It is the intent of the Legislature in amending and reenacting this section during its two thousand one regular session solely to:
(1) Maintain the current retirement plans offered to state higher education employees in their current form;
(2) Clarify that employees of the Higher Education Policy Commission are participants in the Higher Education Retirement Plan;
(3) Codify the current contribution levels of the governing boards, the Higher Education Policy Commission and their employees toward the present Higher Education Retirement Plan;
(4) Make mandatory the contribution levels of the governing boards and Higher Education Policy Commission;
(5) Establish a standardized retirement policy for all state higher education employees as determined by the policy commission;
(6) Clarify the application and purposes of the additional and supplemental retirement plans previously provided for in this section; and
(7) Remove obsolete and archaic language.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-3. Renewal of certificates; permanent certification.

(a) Until the person qualifies for a permanent certificate, any professional or first class certificate based upon a bachelor's degree shall be renewable provided the holder within five years from the date the certificate became valid:
(1) Files application on a prescribed form with the State Department of Education;
(2) Presents an official transcript of six semester hours of approved credit as may be prescribed by the state board; ~~Provided,~~ That such renewal is completed after the beginning of the period of validity of the certificate to be renewed and within the five-year period immediately preceding the date of application for renewal
(3) Successfully completes a beginning teacher internship program, if applicable; and
(4) Submits a recommendation based on successful teaching experience from the county superintendent of schools of the county in which the holder last taught or resides.
(b) The holder of a professional certificate, valid for five years, shall have the certificate made permanent upon meeting ~~either~~ any of the following requirements:
(1) Completion of the second renewal, in accordance with the provisions set forth in ~~(2) above~~ subsection (a) of this section; or
(2) After five years of service in the public schools, presentation of a transcript showing the completion of requirements for a master's degree from an institution of higher education accredited to offer the master's degree and in a program relevant to the public school program or completes the fifth year of training leading to a bachelor's degree in library science from a school fully approved by the American Library Association; or
(3) Receives certification through the National Board for Professional Teaching Standards.
(c) ~~In either event~~ To satisfy any of the requirements of subsection (b) of this section, the person must file application on a prescribed form with the State Department of Education and must submit a recommendation from the county superintendent of schools of the county in which the person last taught or resides.
(d) All certificates and permits, other than the professional certificate, shall be renewed in accordance with state board regulations.
(e) If the applicant seeking renewal has cause to believe that the county superintendent refuses to give a recommendation without just cause, the applicant shall have the right, in such case, to appeal to the State Superintendent of Schools whose responsibility it shall be to investigate the matter and issue a certificate if, in the opinion of the state superintendent, the county superintendent's recommendation was withheld arbitrarily.
(f) A person who has reached the age of sixty and holds a renewable certificate, as provided in this section, need not present renewal credit but shall meet all other renewal requirements.
§18A-3-11. Fellowship for 21st Century Learners.
(a) The Legislature finds that:
(1) There are instances, especially for the purpose of professional development, where it would be beneficial for persons who are members of the Teachers Retirement System or the Teachers' Defined Contribution System to be employed by state institutions of higher education or research corporations;
(2) Members of the Teachers Retirement System are discouraged from terminating their membership to that system because their annuity is based on their final average salary and their total service credit;
(3) A member of the Teachers' Defined Contribution System may be discouraged from terminating his or her membership to that system because the member may be completely vested in that system or have made substantial progress toward being vested;
(4) These members also are discouraged from leaving employment that allows them to participate in the public employees insurance program pursuant to article sixteen, chapter five of this code; and
(5) An example of this beneficial arrangement would be the employment of a member of the Teachers Retirement System or a member of the Teachers' Defined Contribution System by an entity that otherwise would not be considered an employer under article seven-a, chapter eighteen of this code or article seven-b, chapter eighteen of this code for the purpose of working on a joint professional development project between higher education and public education.
(b) For the purposes of this section only, unless the context clearly indicates otherwise:
(1) "Employer" means either the state institution of higher education or the research corporation employing a 21st Century Learner Fellow;
(2) "Research corporation" means a corporation meeting the description set forth in section three, article twelve, chapter eighteen-b of this code; and
(3) "State institution of higher education" means the same as defined in section two, article one, chapter eighteen-b of this code.
(c) The state superintendent is authorized to designate up to twenty-five professional educators who are currently employed and who are members of either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code as 21st Century Learner Fellows, subject to the following:
(1) Before designating a person as a 21st Century Learner Fellow, the state superintendent shall consult with the state institution of higher education or the research corporation that would employ the member if designated;
(2) In determining whether or not to designate a person as a 21st Century Learner Fellow, the state superintendent shall give preference to a person who:
(A) Is certified by the National Board for Professional Teaching Standards; and
(B) Demonstrates leadership within his or her content field in the county, regional education service agency area or the state;
(3) The duration of the person's designation as a 21st Century Learner Fellow shall be for the period in which the specific project to be undertaken by the person will last as determined by the state superintendent at the time he or she designates the person; and
(4) Only the employer may terminate the employment of a person designated as a 21st Century Learner Fellow prior to the end of the duration of the person's designation as set forth in subsection (3) of this subsection.
(d) Notwithstanding any other provision of the code to the contrary, the professional educators designated as 21st Century Learner Fellows may elect to remain a member of the retirement system in which they were a member of immediately preceding their designation while they are employed by either a state institution of higher education or a research corporation, subject to the following:
(1) This authorization to remain a member of the retirement system in which they were a member of immediately preceding their designation only applies to authorization to remain a member of either the Teachers Retirement System set forth in article seven-a, chapter eighteen of this code or to the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code, but not both;
(2) Both the employer and the member each shall contribute their share as required by article seven-a, chapter eighteen of this code or article seven-b, chapter eighteen of this code, as applicable;
(3) If a 21st Century Learner Fellow elects to remain a member of either the Teachers Retirement System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined Contribution System set forth in article seven-b, chapter eighteen of this code, he or she may not participate in any retirement plan offered by the employer; and
(4) Notwithstanding any other provision of law to the contrary, the employer does not assume any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed by any other entity.
(e) Notwithstanding any other provision of code to the contrary, each 21st Century Learner Fellow also qualifies as an employee for the purposes of being authorized to participate in the public employees insurance program pursuant to article sixteen, chapter five of this code and the state institution of higher education or the research corporation, as applicable, shall be considered an employer under that program, subject to the following:
(1) The state institution of higher education or the research corporation, as applicable, is not considered an employer with respect to any employee other than a 21st Century Learner Fellow;
(2) For any employee that elects to participate in the program pursuant to this subdivision, the employer shall pay their share of the premium and the employee shall pay his or her share of the premium pursuant to article sixteen, chapter five of this code; and
(3) Notwithstanding any other provision of law to the contrary, the employer does not assume any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed by any other entity.
(f) Notwithstanding any other provision of law to the contrary:
(1) The employer is not responsible for any accrued annual leave, sick leave or both that a 21st Century Learner Fellow has accumulated during any prior employment; and
(2) If a 21st Century Learner Fellow has accumulated sick leave from prior employment, and if not for this subsection that sick leave obligation or any part of that obligation otherwise would have been transferred to the employer, after expending all sick leave accrued with the employer, the 21st Century Learner may expend the sick leave accumulated with the prior employer, and the prior employer is responsible for paying the cost of the sick leave expended by the 21st Century Learner Fellow at a rate equivalent to the salary and benefits paid to the 21st Century Learner Fellow at the time his or her employment with the prior employer ended.
On motion of Senator Plymale, the following amendments to the Education committee amendment to bill (Eng. Com. Sub. for H. B. No. 2585) were next reported by the Clerk, considered simultaneously, and adopted:
On page nine, section three, line five, after the word "Board" by changing the period to a colon and inserting the following proviso: Provided, That any person whose employment with the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board commences on or after the first day of July, one thousand nine hundred ninety-one, is not considered a nonteaching member.;
On page nineteen, section four-a, line one, by striking out the words "effective date of this section" and inserting in lieu thereof the words "first day of July, one thousand nine hundred ninety-one";
And,
On page nineteen, section four-a, line eight, by striking out the words "effective date of this section" and inserting in lieu thereof the words "first day of July, one thousand nine hundred ninety-one,".
The question now being on the adoption of the Education committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2585), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2616, Authorizing the Department of Administration to promulgate legislative rules.
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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of January, two thousand seven, relating to the Department of Administration (purchasing, 148 CSR 1), is authorized with the following amendments:
On pages two and three, by redesignating subdivisions 4.(a) through 4.(s) as subdivisions 4.1. through 4.19;
On page two, subdivision 4.(a), line three, after the words "commodities or services" by striking out the remainder of the subsection and inserting in lieu thereof the following: "that are not possible to submit for competitive bid. The Director shall approve the list before the beginning of each fiscal year and shall make the list available for public review. Spending units may purchase the commodities and services on the list directly from the vendor and are not required to have contracts for purchase of those items approved by the Purchasing Division. A spending unit's request to add commodities and services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible. Nothing in this section supercedes or replaces the Attorney General's authority to approve contracts as to form.";
On page three, subdivision 4.(p), after the words "relevant training" by adding the words "for agency personnel";
On page three, subdivision 4.(q), by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or";
On page three, by striking out subdivision 4.(r) in its entirety and renumbering the remaining subsection accordingly;
On page three, subdivision 4.(s) by striking out the words "twenty five thousand dollar ($25,000)" and inserting in lieu thereof "$25,000";
On page three, subdivision 4.(s) by striking out the word "include" and inserting in lieu thereof the words "may require";
On page three, subdivision 5.1.(c), by striking out "Section 5.3(j)" and inserting in lieu thereof "subsection 5.2.";
On page four, by redesignating subdivision 5.1.2. as subsection 5.2.;
On page four, subdivision 6.1.1., by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or";
On page four, subdivision 6.1.3., by striking out the words "Such vendors shall pay the fee in 6.1.4.";
On page four, subdivision 6.1.4., by striking out the words "and other purchasing card vendors" and inserting in lieu thereof the word "or";
On page five, subdivision 6.1.7., line five, by striking out the words "any other State agencies of political subdivision. Furthermore, the" and inserting in lieu thereof the words "other state agencies or political subdivisions. The";
On page five, subdivision 6.1.7., lines six and seven, by striking out the words "to enable the Director or spending unit" and inserting in lieu thereof the word "necessary";
On page five, subdivision 6.2.2., line seven, by striking out the words "shall not accept as the bidder's submission or response" and inserting in lieu thereof the words "may not accept";
On page five, subdivision 6.2.2., line seven, by striking out the words "received by" and inserting in lieu thereof the words "submitted to";
On page five, subdivision 6.2.4., by striking out the words "Any vendor submitting bids via facsimile shall be aware that bids sent in such manner" and inserting in lieu thereof the words "Bids submitted via facsimile";
On page five, subdivision 6.2.4., after the words "completeness of" by striking out the word "bid" and inserting in lieu thereof the word "bids";
On page six, subdivision 6.2.5., line three, by striking out the word "leave" and inserting in lieu thereof the words "be removed from";
On page six, subdivision 6.3.1., line one, by striking out the words "the delivering of" and inserting in lieu thereof the word "delivering";
On page six, subdivision 6.3.1., line five, by striking out the words "The bids" and inserting in lieu thereof the word "Bids";
On page eight, subdivision 6.5.1., after the words "spending units." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "No person may write or attempt to influence the drafter of specifications to limit competition or favor or disfavor a particular vendor.";
On page eight, subdivision 6.5.2., by striking out the words "These standard" and inserting in lieu thereof the word "Standard";
On page nine, subdivision 6.5.2., after the words "the Director determines there are" by striking out the remainder of the subdivision and inserting in lieu thereof the following: "applicable nationally accepted standards. Use of standard specifications is mandatory unless an exemption is granted by the Director.";
On page nine, subsection 6.6., by striking out "6.6.1.";
On page nine, subsection 6.6., by striking out the words "no conflict of interest," and inserting in lieu thereof the words "that no conflict of interest exists,";
On page nine, subsection 6.6., lines four and five, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page nine, subsection 6.6., line seven, by striking out the word "vendors" and inserting in lieu thereof the word "vendor";
On page nine, subdivision 7.1.2., line one, by striking out the word "should" and inserting in lieu thereof the word "may";
On page nine, subsection 7.2., line one, after the words "or less" by inserting the words "per transaction";
On page nine, subsection 7.2., line four, by striking out the words "these records of the" and inserting in lieu thereof the words "records of these";
On page ten, subsection 7.4., line four, by striking out the word "shall" and inserting in lieu thereof the word "is";
On page eleven, subdivision 7.5.4., after the words "formal bidding" by striking out the word "or,";
On page eleven, subdivision 7.5.5., by striking out the words "as described" and inserting in lieu thereof the words "in the same manner described";
On page eleven, subdivision 7.5.6., by striking the words "used equipment to be purchased directly" and inserting in lieu thereof the words "the purchase of used equipment directly from the vendor";
On page eleven, subsection 7.6., by striking out the word "should" and inserting in lieu thereof the word "shall";
On page twelve, subdivision 7.7.2., after the word "practical" by striking out the words "RFQs should" and inserting in lieu thereof the words Requests for Quotations (RFQs) shall";
On page twelve, subdivision 7.7.3., line four, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, paragraph 7.9.1.(a), by striking out the words "agencies of the federal government, agencies of other states, other public bodies or other state agencies" and inserting in lieu thereof the words "other public agencies and entities";
On page twelve, paragraph 7.9.1.(a), after the word "comparison" by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twelve, paragraph 7.9.1.(a), by striking out the words "Director believes the state's" and inserting in lieu thereof the word "State's";
On page twelve, paragraph 7.9.1.(b), after the word "difference" by adding the words "in price";
On pages twelve and thirteen, paragraph 7.9.1.(b), by striking out the words "agencies of the federal government, agencies of other states, other public bodies or other state agencies" and inserting in lieu thereof the words "other public agencies and entities";
On page thirteen, subdivision 7.9.2., by striking out the words "evidence and documentation as required by the Director" and inserting in lieu thereof the words "necessary evidence and documentation";
On page thirteen, subdivision 7.9.2., by striking out the words "only approve those requests with submitted" and inserting in lieu thereof the words "approve only those requests submitted with";
On page thirteen, subdivision 7.9.2., by striking out the words "by the Director";
On page thirteen, subdivision 7.10.1., after the words "best interest of the State" by striking out the remainder of the subdivision and inserting in lieu thereof the following:
"In arriving at a determination, the Director will consider the following factors, insofar as they are applicable:
(1) The quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required;
(2) The ability, capacity, and skill of the bidder;
(3) The sufficiency of the bidder's financial resources;
(4) The bidder's ability to provide maintenance, repair parts, and service;
(5) The compatibility with existing equipment;
(6) The need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and
(7) Any other relevant factors.";
On page thirteen, subdivision 7.11.1., after the words "Purchasing Division." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "The maximum budgeted amount may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.";
On page thirteen, subdivision 7.11.2., line three, by capitalizing the word "state";
On page fourteen, subsection 7.13., by striking out "7.13.1.";
On page fourteen, subdivision 7.13.1, at the beginning of the first sentence, by striking out the word "The" and inserting in lieu thereof the words "For contracts for commodities and services in the amount of $1 million or less, the";
On page fourteen, paragraphs 7.13.1.(a), by capitalizing the word "state";
On page fourteen, after subdivision 7.13.1, by inserting a new subdivision, designated subdivision 7.13.2, to read as follows:
"7.13.2. For contracts for commodities and services in an amount exceeding $1 million, the following contract management procedures apply:
a. Post Award Conferences.
The agency administrator responsible for administering the contract shall hold a post award conference with the contractor to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agenda for the conference shall include, at a minimum, the introduction of all participants and identification of agency and contractor key personnel, and discussion of the following items:
(1) The scope of the contract, including specifications of what the agency is buying;
(2) The contract terms and conditions, particularly any special contract provisions;
(3) The technical and reporting requirements of the contract;
(4) The contract administration procedures, including contract monitoring and progress measurement;
(5) The rights and obligations of both parties and the contractor performance evaluation procedures;
(6) An explanation that the contractor will be evaluated on its performance both during and at the conclusion of the contract and that such information may be considered in the selection of future contracts;
(7) Potential contract problem areas and possible solutions;
(8) Invoicing requirements and payment procedures, with particular attention to whether payment will be made according to milestones achieved by the contractor;
(9) An explanation of the limits of authority of the personnel of both the agency and the contractor.
b. Monitoring.
The agency shall develop a comprehensive and objective monitoring checklist which:
(1) Measures outcomes;
(2) Monitors compliance with contract requirements; and
(3) Assesses contractor performance.
c. Reports.
The agency shall make the following reports to the Director, on a schedule established by the Director, but not less frequently than once each year:
(1) Status Reports. Status reports describe the progress of the work; track the organizational structure of the statement of work in terms of phases, segments, deliverables and products; and describe what work is complete and what work is pending and contrast that status against the contract schedule. If there are any unresolved issues that the agency is contractually obligated to resolve, those issues should be included in the status report and a resolution should be requested.
(2) Activity Reports. Activity reports describe all activity on the project, regardless of whether substantial progress has been made toward completion of the project. If payment is based on the number of completed transactions, these activities must be specifically set out in the report.";
On page fourteen, after subsection 7.13, by inserting the following:
"7.14. Inspection.
7.14.1. The agency shall inspect all materials, supplies, and equipment upon delivery to insure compliance with the contract requirements and specifications.
7.14.2. The agency shall report any discrepancies to the Director immediately.
7.14.3. If unlisted shortages are discovered, the vendor and the Director must be notified immediately.
7.14.4. A contractor may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.
7.15. Substitutions.
Substitution of items called for in a contract is not permitted without the Director's prior approval. The Director will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.
7.16. Cancellations.
7.16.1. The director may cancel a purchase or contract under any one of the following conditions including, but not limited to:
(a) The vendor agrees to the cancellation;
(b) The vendor has obtained the contract by fraud, collusion, conspiracy, or in conflict with any statutory or constitutional provision of the state of West Virginia;
(c) Failure to conform to contract requirements or standard commercial practices;
(d) The existence of an organizational conflict of interest is identified; or
(e) Funds are not appropriated or an appropriation is discontinued by the legislature for the acquisition.
7.16.2. Notwithstanding other provisions of this subdivision, the Director may cancel a purchase or contract for any reason or for no reason, upon 30 days' notice to the vendor.
7.17. Damages.
7.17.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the state.
7.17.2. If any merchandise delivered under a contract has been used or consumed by an agency and on testing is found not to comply with specifications, no payment may be approved by the Director for the merchandise until the amount of actual damages incurred has been determined.
7.17.3. The Director shall seek to collect damages by following the procedures established by the Office of the Attorney General for the collection of delinquent obligations.";
On page 17, subsection 11.1., by capitalizing the word "internet";
And,
On page 17, after subsection 11.1, by striking out subsections 11.2, 11.3, 11.4 and 11.5 in their entirety and inserting in lieu thereof the following:
"11.2. The state spending unit for surplus property may contract with one or more nationally recognized commercial Internet auction sites to coordinate sales of surplus property, pursuant to the provisions of §5A-3-45 of the West Virginia Code and this rule.
11.3. To ensure that organizations eligible under Federal Property Management Regulations (41 CFR Chapter 101) have priority in obtaining surplus property, all surplus property will be listed on the West Virginia State Agency for Surplus Property website for at least five (5) working days prior to being made available on an Internet auction site."
(b) The legislative rule filed in the State Register on the eleventh day of July, two thousand six, authorized under the authority of section forty-four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of August, two thousand six, relating to the Department of Administration (cannibalization of state property, 148 CSR 16), is authorized with the following amendments:
On page one, by striking out subsection 1.1. in its entirety and inserting in lieu thereof the following:
"1.1. This rule explains and clarifies operative procedures for the disposal of state surplus property by cannibalization for use of component parts."
On page one, section two, lines one and two, by striking out the words "meaning as" and inserting in lieu thereof the word "meanings", by striking out "§5A-1-1" and inserting in lieu thereof "§§5A-1-1 et seq.", and by striking out "5A-3-1 et seq., and as follows" and inserting in lieu thereof the "§§5A-3-1 et seq. In addition";
On page one, subsection 3.1., by striking out the word "legislative" and by striking out the word "State" and inserting in lieu thereof the word "state";
On pages one and two, by striking out section four in its entirety and renumbering the remaining section accordingly;
On page two, section five, by inserting a new subsection to read as follows:
"4.1. State assets shall be disposed of exclusively through the state agency for surplus property.";
On page two, section five, by redesignating subsections 5.1. through 5.6. as subsections 4.2. through 4.7.;
On page two, subdivisions 5.1.a. through 5.1.c., by inserting the word "The" before the word "commodity";
On page two, subdivision 5.1.d., by inserting the word "A" before the word "description";
On page two, subdivision 5.1.e., by capitalizing the word "whether", after the word "If" by inserting the word "the", and by striking out the words "why the agency is" and inserting in lieu thereof the word "for";
On page two, subdivision 5.1.f., by capitalizing the word "how";
On page two, subdivision 5.1.g., lines one and two, by capitalizing the word "who" and, after the word "document" by inserting a comma and the words "signed by the spending officer,";
On page two, subdivision 5.1.g., line three, by striking out the words "which will identify" and inserting in lieu thereof the word "identifying";
On page two, subdivision 5.1.g., line five, by striking out the words "qualification. This document must be signed by the spending officer." and inserting in lieu thereof the word "qualifications";
On pages two and three, by striking out subsection 5.2. in its entirety and by inserting in lieu thereof the following:
"4.2.a. If the agency plans to use the cannibalized parts immediately, it must provide the following additional information:
4.2.a.1. Whether the part restores the commodity to an operable condition;
4.2.a.2. If the part does not restore the property to an operable condition, additional justification for the initial cannibalization, along with the additional steps required to restore the property to an operable condition; and
4.2.a.3. The cost of the parts and labor to restore the commodity to an operable condition without cannibalization.
4.2.b. The agency must properly retire an inoperable part being replaced to the state agency for surplus property using the authorized means of disposal outlined in W. Va. Code §5A-3-45.
4.2.c. The Director shall make a comparison of the current value of the asset being cannibalized, the value of the property being repaired and the cost to repair the item without cannibalization. The Director will not authorize cannibalization unless the value of the repaired asset exceeds the value of the asset to be cannibalized, along with the cost of the cannibalization/repair process."
On page three, subsection 5.3., lines one and two, after the word "future use" by changing the period to a comma, by striking out the words "justification must be submitted to and approved by" and inserting in lieu thereof the words "it must submit written justification to";
On page three, subsection 5.3., after the word "property" by inserting the words "for approval";
On page three, subsection 5.3. by striking out "5.3.a." and by redesignating paragraphs 5.3.a.1. through 5.3.a.4 as subdivisions 4.3.a. through 4.3.d.;
On page three, paragraph 5.3.a.1., by striking out the words "the potential" and inserting in lieu thereof the word "The";
On page three, paragraph 5.3.a.2. by capitalizing the word "the" at the beginning of the paragraph;
On page three, paragraph 5.3.a.3. by capitalizing the word "the" at the beginning of the paragraph and, after the word "stored;", by inserting the word "and";
On page three, paragraph 5.3.a.2. by capitalizing the word "the" at the beginning of the paragraph;
On page three, subsection 5.5., lines one and two, by striking out the words "make determination' and inserting in lieu thereof the word "determine" and by capitalizing the word "state";
On page three, paragraph 5.5.a. by striking out the word "The" and inserting in lieu thereof the words "Does the" and, after the word "cannibalized", by inserting a question mark;
On page three, paragraph 5.5.b. by striking out the words "There is" and inserting in lieu thereof the words "Is there" and, after the word "form;", by inserting a question mark, a semicolon and the word "and";
On page three, paragraph 5.5.c., by striking out the word "The" and inserting in lieu thereof the words "Does the" and by striking out the words "does not";
On page three, paragraph 5.5.c., by capitalizing the word "state";
On page three, paragraph 5.5.c., by striking out the word "non-used" and inserting in lieu thereof the word "unused" and by changing the period to a question mark;
And,
On page three, section 5.6, line one, after the words "review the" by inserting the word "agency".
(c) The legislative rule filed in the State Register on the eleventh day of July, two thousand six, authorized under the authority of section forty-four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of August, two thousand six, relating to the Department of Administration (waste disposal of state property, 148 CSR 17), is authorized with the following amendments:
On page one, by striking out subsection 1.1. in its entirety and inserting in lieu thereof the following:
"1.1. This rule explains and clarifies operative procedures for the disposal of commodities as waste."
On page one, section two, lines one and two, by striking out the words "meaning as" and inserting in lieu thereof the word "meanings", by striking out "§5A-1-1" and inserting in lieu thereof "§§5A-1-1 et seq.", and by striking out "5A-3-1 et seq., and as follows" and inserting in lieu thereof the "§§5A-3-1 et seq. In addition";
On page one, subsection 3.1., by striking out the word "legislative" and by striking out the word "State" and inserting in lieu thereof the word "state";
On pages one and two, by striking out section four in its entirety and renumbering the remaining section accordingly;
On page two, section five, by inserting a new subsection to read as follows:
"4.1. State assets shall be disposed of exclusively through the state agency for surplus property.";
On page two, section five, by redesignating subsections 5.1. through 5.8. as subsections 4.2. through 4.9.;
On page two, subsection 5.1., by striking out the word "submits" and inserting in lieu thereof the words "shall submit";
On page two, subsection 5.2., by striking out the word "State" and inserting in lieu thereof the words "The state";
On page two, subsection 5.2., by striking out the word "evaluates" and inserting in lieu thereof the words "shall evaluate";
On page two, subdivision 5.3.a., by striking out the words "If the" and inserting in lieu thereof the word "The";
On page two, subdivision 5.3.c., by striking out the word "state" and inserting in lieu thereof the word "State";
On page two, subsection 5.4., by striking out "5.4.a." and by redesignating paragraphs 5.4.a.1. through 5.4.a.3. as subdivisions 4.5.a. through 4.5.c.;
On page two, subsection 5.5., after the words "completed and" by striking out the words "a physical inspection conducted (if necessary), a determination is made by" and inserting in lieu thereof a comma and the words "if necessary, a physical inspection conducted,";
On page two, subsection 5.5., after the words "surplus property" by striking out the words "as to" and inserting in lieu thereof the words "shall determine";
On page two, subsection 5.6., after the words "using any other" by striking out the words "approved method, in accordance with §5A-3-45 of the West Virginia Code" and inserting in lieu thereof the words "method approved by W. Vs. Code §5A-3-45";
On page two, subsection 5.7., line one, by striking out the word "with" and inserting in lieu thereof the word "within";
And,
On page two, subsection 5.7., by striking out the words "shall be" and inserting in lieu thereof the word "are".
(d) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section fourteen, article four, chapter twelve of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of November, two thousand six, relating to the Department of Administration (accountability of state funds and grants, 148 CSR 18), is authorized with the following amendments:
On page one, subsection 1.1., after the word "Scope. -" by inserting the following: "This rule establishes standards and procedures for recipients of state funds and grants to account for the manner in which those funds are spent.";
On page one, section two, after the caption, by striking out "2.1." and by redesignating subdivisions 2.1.a. through 2.1.h. as subdivisions 2.1. through 2.8.;
On page one, subdivision 2.1.a., line two, by striking out the words "engagement performed by" and inserting in lieu thereof the words "agreement between a grantee and";
On page one, subdivision 2.1.b., line two, by striking out the words "engagement performed by" and inserting in lieu thereof the words "agreement between a grantee and";
On page one, subdivision 2.1.g., line one, by striking out the words "engagement performed by" and inserting in lieu thereof the words "agreement between a grantee and";
On page one, subdivision 2.1.g., lines seven and eight, by striking out the words "be in accordance with compliance attestation standards" and inserting in lieu thereof the words "comply with Compliance Attestation Standards";
On page one, subdivision 2.1.g., line thirteen, after the word "purpose." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "Under specified circumstances, described in section 4 of this rule, certain types of independent audits may be substituted for the required report.";
On page one, subdivision 2.1.h., line seven, by striking out the words "shall means" and inserting in lieu thereof the word "means";
On page two, paragraph 2.1.h.(J)., after the words "pursuant to" by striking out the remainder of the paragraph and inserting in lieu thereof the following: W. Va. Code §33-3-14d, §33-3-33, and §33-12C-7.";
On page two, subsection 3.1., by striking out the word "state's" and inserting in lieu thereof the word "state";
On page two, subsection 3.1., by striking out the words "the disbursement of the state grant funds" and inserting in lieu thereof the words "how the state grant funds were disbursed";
On page two, subsection 3.2., by striking out the words "The requirement for a report of the disbursement of state grant funds may be satisfied" and inserting in lieu thereof the words "A grantee may satisfy the report requirement of subsection 3.1. of this rule";
On page two, by striking out subsection 3.3. in its entirety and redesignating the remaining subsections accordingly;
On page two, subsection 3.4., after the word "Reports" by inserting the words "required by this section";
On page two, subsection 3.4., by striking out the words "a minimum" and inserting in lieu thereof the word "least";
On page two, subsection 3.5., by striking out the words "and if" and inserting in lieu thereof the words "the expenditure and if the expenditure is";
On page two, subsection 3.6., by striking out the words "In the event that" and inserting in lieu thereof the word "If";
On page two, subsection 3.6., by striking out the word "such" and inserting in lieu thereof the word "the";
On page two, by striking out subsection 3.7. in its entirety and inserting in lieu thereof the following:
"3.7. The grantee shall submit the required report within two years after the end of the fiscal year in which the grantor disbursed state grants to the grantee. If the grantee's fiscal year end is different from the State's fiscal year end (June 30), the grantee shall file the report withing two years after the end of its fiscal year following the state fiscal year in which the funds were disbursed.";
On page three, subsection 3.9., by striking out the word "such" and inserting in lieu thereof the word "the";
On page three, subsection 4.1., by striking out the word "An" and inserting in lieu thereof the words "In lieu of the required report, the grantee may submit an";
On page three, subsection 4.1., by striking out the words "may be submitted in lieu of the required report if said audit" and inserting in lieu thereof the word "which";
On page three, subsection 4.1., line eight, after the word "and" by inserting the word "a" and by striking out the word "said" and inserting in lieu thereof the word "the";
On page three, by striking out subsection 4.2. in its entirety and by inserting in lieu thereof the following:
"4.2. In lieu of the required report, the grantee may submit a financial audit, performed by an independent CPA, which complies with Government Auditing Standards issued by the Comptroller General of the United States if the audit includes a schedule of state grant receipts and expenditures and a related auditor's opinion on whether the schedule is fairly stated in relation to the financial statements taken as a whole.";
On page three, subsection 5.1., by striking out the words "due to the fact that" and inserting in lieu thereof the word "because";
On page three, subsection 5.1., by striking out the words "generally accepted government auditing standards" and inserting in lieu thereof the words "Government Auditing Standards";
On page three, subsection 5.1., by striking out the words "due to the fact that an audit is performed that complies" and inserting in lieu thereof the words "because an audit complying";
On page three, subsection 5.1., after the word "A-133" by striking out the word "which";
On page three, subsection 5.1., after the words "The form" by striking out the word "should" and inserting in lieu thereof the word "shall";
On page three, subsection 5.2., by striking out the words "shall rest" and inserting in lieu thereof the word "rests";
On page three, subsection 5.3., by striking out the words "All sworn statements" and inserting in lieu thereof the words "A sworn statement";
On page three, subsection 5.3., after the word "include" by striking out the comma and the words "at a minimum," and inserting in lieu thereof the words "at least";
On page three, subsection 5.4., by striking out the words "following language shall be utilized for the actual" and, after the word "statement" by inserting the words "shall be in the following form";
On page three, subsection 5.4., by striking out "5.4.1";
On page four, subsection 5.5., line one, after the word "representative" by inserting the words "of the grantee";
On page four, subsection 5.5., after the words "and provide" by striking out the word "their" and inserting in lieu thereof the words "his or her";
On page four, subsection 5.5., after the word "grantor" by striking out the words "of the State grants";
On page four, subsection 5.5., line twelve, by striking out the word "Said" and inserting in lieu thereof the word "The";
On page four, by striking out subsection 5.6. in its entirety and inserting in lieu thereof the following:
"5.6. The grantee shall submit the sworn statement of expenditures within two years after the end of the fiscal year in which the grantor disbursed state grants to the grantee. If the grantee's fiscal year end is different from the State's fiscal year end (June 30), the grantee shall file the report within two years after the end of its fiscal year following the state fiscal year in which the funds were disbursed.";
On page four, subsection 6.1., after the word "expenditures" by inserting the words "for state grants disbursed after July 1, 2003";
On page four, subsection 6.1., after the words "required time" by striking out the words "period for state grants disbursed by the grantor after July 1, 2003";
On page four, subsection 6.1., after the words "grantee complies with" by striking out the word "said" and inserting in lieu thereof the word "its";
On page four, subsection 6.2., by striking out the words "that provided the state grant";
On page four, subsection 6.3., by striking out the words "that provided the state grant" and by striking out the words "The debarment process shall consist of the following:";
On page four, subdivision 6.3.1., after the words "a grantee" by striking out the word "shall" and inserting in lieu thereof the word "should";
On page four, subdivision 6.3.1., after the words "certified mail," by striking out the remainder of the subdivision and inserting in lieu thereof the following: "return receipt requested, of the reasons and the causes relied upon for the proposed debarment";
On page four, by striking out subdivisions 6.3.2. and 6.3.3. in their entirety and inserting in lieu thereof the following:
"6.3.2. If the grantee disputes the proposed debarment, it must submit its argument to the grantor in writing within 30 calendar days after receipt of the notice.
6.3.3. If a grantee contests the debarment decision, the grantor shall decide the matter in accordance with the provisions of W. Va. Code §29A-5-1 et seq.";
On page four, subdivision 6.3.4., by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page four, subsection 6.5., line one, by striking out the word "their" and inserting in lieu thereof the word "its";
On page four, subsection 6.5., line three, by striking out the word "for" and inserting in lieu thereof the words "with regard to";
On page four, subsection 6.5., line four, after the word "grants" by striking out the remainder of the subsection and inserting in lieu thereof the following: "from either the same state spending unit or from a different one.";
On page five, subsection 6.7., by striking out the words "Prior to any grantor providing State grants to a person" and inserting in lieu thereof the words "Before disbursing a state grant";
On page five, subsection 6.7., line three, by striking out the word "from" and inserting in lieu thereof the word "with";
On page five, subsection 7.1., by striking out the words "that provides State grants";
On page five, subdivision 7.2.1., line three, by striking out the word "this" and inserting in lieu thereof the words "the notification";
On page five, subdivision 7.2.1., by striking out the words "to convey the reporting requirements under W V Code §12-4-14";
On page five, subsection 7.3., after the word "expenditures" by striking out the remainder of the subsection and inserting in lieu thereof the following: "for a state grant disbursed after July 1, 2003, within the required time.";
On page five, subsection 7.4., by striking out the words "shall begin" and inserting in lieu thereof the word "begins" and by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page five, subsection 7.5., lines two and three, by striking out the words "the requirements of";
On page five, subsection 7.5., lines thirteen and fourteen, by striking out the words "by the grantor";
On page five, subsection 8.1., by striking out the words "Prior to" and inserting in lieu thereof the word "Before";
On page five, subsection 8.1., line two, by striking out the word "grantors" and inserting in lieu thereof the words "a grantor";
On page five, subdivision 8.1.1., line one, by striking out the word "its" and inserting in lieu thereof the word "the";
On page five, subdivision 8.1.1., line two, by striking out the words "to be";
On page five, subdivision 8.1.1., line three, after the word "person" by inserting the words "seeking the grant";
On page five, subdivision 8.1.1., line four, by striking out the word "Sate" and inserting in lieu thereof the word "State";
On page five, subdivision 8.1.1., line eight, after the word "page" by inserting the word "that";
On page five, subdivision 8.1.2., lines three and six, after the word "person" by inserting the words "seeking the grant";
On page five, subdivision 8.1.2., line seven, by striking out the word "their" and inserting in lieu thereof the words "his or her";
On page five, subdivision 8.1.2., line twelve, by striking out the word "that";
On page five, subsection 8.2., lines two, after the word "person" by inserting the words "seeking the grant";
And,
On page six, subsection 8.2., by striking out the words "identified as one who is debarred or who has" and inserting in lieu thereof the words "debarred or".
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on the twelfth day of July, two thousand six, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of September, two thousand six, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
(b) The legislative rule filed in the State Register on the twelfth day of July, two thousand six, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Teachers' Defined Contribution System, 162 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the twelfth day of July, two thousand six, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Teachers Retirement System, 162 CSR 4), is authorized.
(d) The legislative rule filed in the State Register on the twelfth day of July, two thousand six, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of September, two thousand six, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR 5), is authorized.
(e) The legislative rule filed in the State Register on the twelfth day of July, two thousand six, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of September, two thousand six, relating to the Consolidated Public Retirement Board (refund, reinstatement and loan interest factors, 162 CSR 7), is authorized.
§64-2-3. Division of Personnel.
(a) The legislative rule filed in the State Register on the twenty-first day of July, two thousand six, authorized under the authority of section ten, article six, chapter twenty-nine of this code, modified by the Division of Personnel to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirtieth day of November, two thousand six, relating to the Division of Personnel (administrative rule of the West Virginia Division of Personnel, 143 CSR 1), is authorized with the following amendments:
On page seven, subsection 3.88., after the words "not to exceed" by striking out the number "1,000" and inserting in lieu thereof the number "720";
On page twenty-one, subsection 9.4., after the words "not to exceed" by striking out the number "1,000" and inserting in lieu thereof the number "720";
On page twenty-two, subsection 9.5., by striking subsection (e) in its entirety and by redesignating the remaining subsections accordingly;
On page thirty-nine, section nineteen, before the word "Each" by adding "19.1.";
And,
On page thirty-nine, section nineteen, by adding a new subsection, designated subsection 19.2. to read as the follows:
19.2. Neither this section nor any other provision of this rule shall interfere with the right of the Legislature, its committees, administrative units and staff to have access to agency personnel records under the common law, or pursuant to the provisions of W. Va. Code §§4-2-5, 4-3-4, 4-5-3, 4-10-5, or any other statutory provision giving a legislative agency or subunit access to records of a state agency. The Legislature, its committees, administrative units and staff having access to these records shall maintain the confidentiality of the records, to the extent reasonably possible.
(b) The legislative rule filed in the State Register on the twenty-first day of July, two thousand six, authorized under the authority of section four, article five-a, chapter twenty-three and section ten, article six, chapter twenty-nine of this code, relating to the Division of Personnel (workers' compensation temporary total disability, 143 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the seventeenth day of February, two thousand six, authorized under the authority of section seven, article two, chapter five-f of this code, modified by the Division of Personnel to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of November, two thousand six, relating to the Division of Personnel (interdepartmental transfer of permanent state employees, 143 CSR 7), is authorized.
§64-2-4. Board of Risk and Insurance Management.
The legislative rule filed in the State Register on the twenty-first day of July, two thousand six, authorized under the authority of section fifteen, article thirty, chapter thirty-three of this code, modified by the Board of Risk and Insurance Management to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of November, two thousand six, relating to the Board of Risk and Insurance Management (mine subsidence insurance, 115 CSR 1), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 2616), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2670, Authorizing the Department of Commerce to promulgate legislative rules.
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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Office of Miners' Health, Safety and Training.
(a) The legislative rule filed in the State Register on the twenty-seventh day of April, two thousand six, authorized under the authority of sections six, thirty-eight and fifty-five, article two, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand seven, relating to the Office of Miners' Health, Safety and Training (protective clothing and equipment, 56 CSR 4), is authorized with the following amendments:
On page one, subsection 1.1., by striking out the words "these emergency rules" and inserting in lieu thereof the words "this rule";
On page one, subsection 2.1., by striking out the word "State's" and inserting in lieu thereof the word "state's";
On page one, subsection 2.1., line four, by striking out the words "these legislative rules" and inserting in lieu thereof the words "this rule";
On page two, subsection 2.2., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page two, subsection 3.1., by striking out the words "as they are defined" and inserting in lieu thereof the word "used";
On page two, subsection 3.2., by striking out the words "shall mean" and inserting in lieu thereof the word "means";
On page two, subsection 3.3., by striking out the words "shall herein refer" and inserting in lieu thereof the word "means";
On page three, subsection 4.1., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page four, subsection 5.2., by striking out the words "department of labor" and inserting in lieu thereof the words "Department of Labor";
On page four, subsection 5.2., after the word "Provided," by striking out the word "However,";
On page four, subsection 5.3., line three, after the word "training" by striking out the comma and the word "provided" and inserting in lieu thereof a colon and the words "Provided, That" and by striking out the word "manufacturers" and inserting in lieu thereof the word "manufacturers'";
On page four, subsection 5.3., after the words "limited to" by changing the semicolon to a colon;
On page five, subsection 6.1., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page five, subsection 6.2., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page eight, subparagraph 6.10.4.a.1., by striking out §56- 4-6" and inserting in lieu thereof "56 CSR 4-6";
On page nine, subsection 6.14., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On page nine, by striking out subsection 6.15. in its entirety;
On pages ten and eleven, by striking out subsection 7.4. in its entirety;
On page eleven, by redesignating subdivision 8.1.1. as subsection 8.2. and redesignating the remaining subsections accordingly;
On page eleven, by redesignating subdivision 8.3.1. as subsection 8.5. and redesignating the remaining subsections accordingly;
On page fifteen, subsection 8.13., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
On pages fifteen and sixteen, by striking out subsection 8.15. in its entirety;
On page seventeen, subsection 9.10., by striking out the words "these rules" and inserting in lieu thereof the words "this rule";
And,
On page twenty, by striking out subsection 9.18. in its entirety.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of sections six and thirty-eight, article one, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand seven, relating to the Office of Miners Health Safety and Training (standards for certification of coal mine electricians, 48 CSR 7), is authorized with the following amendments:
"On page three, subsection 4.1., by striking out the words "or an alternative electrical training program established and approved pursuant to Section 8.2.1.,";
On page four, section five, by designating the last two paragraphs of the section as subsections 5.2. and 5.3., respectively;
On page four, section six, by designating the second paragraph of the section as subsection 6.2. and by redesignating the following subsection accordingly;
On page five, section six, by designating the last paragraph of the section as subsection 6.4.;
On page five, subsection 8.1., by striking out the words "or an alternative electrical training program established and approved pursuant to Section 8.2.1.,";
On pages five and six, by striking out subdivision 8.2.1. in its entirety;
And,
On page six, section nine, by designating the last paragraph of the section as subsection 9.3."
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand six, authorized under the authority of section six, article two, chapter twenty-one-a of this code, modified by the Bureau of Employment Programs to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Bureau of Employment Programs (requiring state agencies to revoke or not to grant, issue or renew approval documents with employing units on the bureau's default list, 96 CSR 1), is authorized.
§64-10-3. Division of Forestry.
The legislative rule filed in the State Register on the twenty-second day of June, two thousand six, authorized under the authority of section three-a, article one-a, chapter nineteen of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Division of Forestry (ginseng, 22 CSR 1), is authorized with the following amendments:
On page two, section three, by striking out "3.1.";
On page three, by redesignating subdivision 6.1.1. as subsection 6.2. and by redesignating the remaining subsections accordingly;
On page four, section seven, by striking out "7.1.;
On page four, section eight, by striking out "8.1.;
On page five, by redesignating subdivision paragraph 9.2.2.1. as subdivision 9.2.2.;
On page five, section ten, by striking out "10.1.;
On page six, section eleven, by striking out "11.1.;
And,
On page six, subsection 13.2., after the words "Freedom of Information Act" by striking out the remainder of the subsection and inserting in lieu thereof the following: "as having a significant commercial value to the extent permitted by W. Va. Code §29B-1-4(1)."
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section twenty-three-a, article two, chapter twenty of this code, relating to the Division of Natural Resources (commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special boating rules, 58 CSR 26), is authorized.
(c) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of December, two thousand six, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.
(d) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the second day of November, two thousand six, relating to the Division of Natural Resources (wildlife disease management, 58 CSR 69), is authorized.
(e) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the second day of November, two thousand six, relating to the Division of Natural Resources (public use of campgrounds and recreation areas in West Virginia state wildlife management areas under the Division of Natural Resources, 58 CSR 70), is authorized with the following amendments:
On page one, subsection 2.2., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page two, section three, by striking out "3.1.";
On page two, subsection 2.18., by striking out the word "shall" and inserting in lieu thereof the word "may";
And,
On page two, by striking out subsection 3.2. in its entirety.
The bill (Eng. Com. Sub. for H. B. No. 2670), as amended, was then ordered to third reading.
Eng. House Bill No. 2703, Authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments.
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 four, section six, line thirty-nine, after the word "physician" by inserting a comma;
On page fifteen, section six, lines two hundred forty-six through two hundred forty-eight, by striking out the following: Beginning the first day of July, two thousand seven, each signpost installed or replaced shall also contain the words "tow away zone".;
On page twenty, section six, by striking out subsection (m) in its entirety;
And,
By relettering the remaining subsections.
The bill (Eng. Com. Sub. for H. B. No. 2714), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2787, Creation of the Address Confidentiality Program.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2804, Eliminating time schedules for utility relocation on highway projects.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Unger, the following amendment to the bill was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §17-4-17b, §17-4-47, §17-4-48 and §17-4-49 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17- 27-7, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.

§17-4-17b. Relocation of public utility lines on highway construction projects.

(a) Whenever the division reasonably determines that any public utility line or facility located upon, across or under any portion of a state highway needs to be removed, relocated or adjusted in order to accommodate a highway project, the division shall give to the utility ~~sixty days' written notice~~ reasonable notice in writing as mutually agreed, but not to exceed eighteen months, directing it to begin the physical removal, relocation or adjustment of such utility obstruction or interference at the cost of the utility, including construction inspection costs and in compliance with the rules of the division and the provisions of article three, chapter twenty-nine-a of this code.
(b) If ~~such~~ the notice is in conjunction with a highway improvement project, it will be provided at the date of advertisement or award. Prior to the notice directing the physical removal, relocation or adjustment of a utility line or facility, the utility shall adhere to the division's utility relocation procedures for public road improvements which shall include, but not be limited to, the following:
(1) The division will submit to the utility a letter and a set of plans for the proposed highway improvement project;
(2) The utility must ~~within twenty days,~~ within a reasonable time submit to the division a written confirmation acknowledging receipt of the plans and a declaration of whether or not its facilities are within the proposed project limits and the extent to which the facilities are in conflict with the project;
(3) If the utility is adjusting, locating or relocating facilities or lines from or into the division's right-of-way, the utility must submit to the division plans showing existing and proposed locations of utility facilities. ~~These utility plans must be submitted to the division within thirty days of receipt of the highways plans or such longer time as may be provided in the letter accompanying the highway plans.~~
(4) The utility's submission shall include with the plans a ~~working time analysis~~ work plan demonstrating that the utility adjustment, location or relocation will be accomplished in a manner and time frame established by the division's written procedures and instructions. ~~Such working time~~ The work plan shall specify the order and calendar days for removal, relocation or adjustment of the utility from or within the project site and any staging property acquisition ~~compensable work~~ or other special requirements needed to complete the removal, relocation or adjustment. The division ~~may~~ shall approve the work plan, including any requests for compensation, submitted by a utility for a highway improvement project if it is submitted within the established schedule and does not adversely affect the letting date. The division will review the work plan to ensure compliance with the proposed improvement plans and schedule.
(b) If the utility does not thereafter begin removal within the time specified in the work plan, the division may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If the utility does not, within the ten days from receipt of the final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within the time specified by the work plan, the division may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, materials and other necessary services to accomplish the removal or relocation, and the expenses of such removal may be paid and collected as provided at law. If additional utility removal, relocation, or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty calendar days after becoming aware of such additional work or upon receipt of the division's written notification advising of such additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement.
(c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to the division or its contractors for damages resulting from its failure to comply with the submitted and approved work plan. If the utility owner fails to provide a work plan or fails to complete the removal, relocation, or adjustment of its facilities in accordance with the work plan approved by the division, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of the failure of the utility owner to provide a work plan or a revised work plan or to complete its work in accordance with the approved work plan. The division may withhold approval of permits for failure of the utility owner to comply with the requirements of this section. If additional utility removal, relocation or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty calendar days after receipt of the division's written notification of the additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement. The division shall reimburse the utility for work performed by the utility that must be performed again as the result of a plan change on the part of the division.
(d) Should the utility fail to comply with the notice to remove, relocate or adjust, the utility is liable to the division for direct contract damages, including costs, fees, penalties or other contract charges, for which the division is proven to be liable to a contractor caused by the utility's failure to timely remove, relocate or adjust, unless a written extension is granted by the division. The utility shall not be liable for any delay or other failure to comply with a notice to remove, relocate or adjust that is not solely the fault of the utility, including, but not limited to, the following:
(1) The division has not performed its obligations in accordance with the division's rules;
(2) The division has not obtained all necessary rights-of-way that affect the utility;
(3) The delay or other failure to comply by the utility is due to the division's failure to manage schedules and communicate with the utility;
(4) The division seeks to impose liability on the utility based solely upon oral communications or communications not directed to the utility's designated contact person;
(5) The division changes construction plans in any manner following the notice to remove or relocate and the change affects the utility's facilities; or
(6) Other good cause, beyond the control of and not the fault of the utility, including, but not limited to, labor disputes, unavailability of materials on a national level, act of God or extreme weather conditions.
(e) In order to avoid construction delays and to create an efficient and effective highway program, the division may schedule program meetings with the public utility on a quarterly basis to assure that schedules are maintained.

§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access.

(a) ~~Access to and from state highways from and to~~ Reciprocal access between state highways and real property used or to be used for commercial, industrial or mercantile purposes ~~or from and to~~ and reciprocal access between state highways and real property that is subdivided into lots is a matter of public concern and shall be regulated by the ~~state road commissioner~~ Commissioner of Highways to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon, entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic upon state highways;
(3) To permit proper maintenance, repair and drainage of state highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or pursuant to law, every owner or occupant of real property abutting upon any existing state highway has a right of reasonable means of ingress to and egress from such state highway consistent with those policies expressed in subsection (a) of this section and any regulations issued by the commissioner under section forty-eight of this article.
(c) If the construction, relocation or reconstruction of any state highway, to be paid for, in whole or in part, with federal or state road funds, results in the abutment of real property as defined in subsection (a) of this section on ~~such~~ the state highway that did not previously abut on it, no rights of direct access shall accrue because of such abutment~~, but~~. However, the commissioner may authorize ~~and~~ or limit access~~, if any,~~ from an abutting property if the property is compatible with the policies stated in said subsection and any regulations issued by the commissioner ~~under~~ as authorized by section forty-eight of this article.
(d) The policies expressed in this section are applicable to state highways generally and shall in no way limit the authority of the ~~state road commissioner~~ Commissioner of Highways to establish controlled-access facilities under the provisions of sections thirty-nine through forty-six, inclusive, of this article.
(e) Any unauthorized access to a state highway may be removed, blocked, barricaded or closed in any manner ~~deemed~~ considered necessary by the commissioner to protect the safety of the public and enforce the policies of this section and sections forty-eight, forty-nine and fifty of this article.
(f) As a condition of granting access to a state highway, the commissioner shall require the owners of real property developed or to be developed to provide a bond in an amount the commissioner determines necessary to compensate the division for improvements to highway facilities required as a result of the development. This bond shall be held a minimum of ten years.
§17-4-48. Same -- Regulations by commissioner.
The ~~state road commissioner~~ Commissioner of Highways is hereby authorized ~~to issue reasonable regulations~~ as follows:
To promulgate and promote a legislative rule or rules specifying standards for the location, design and construction of facilities that maximize the safety and convenience of our citizens to state highways and any other ~~regulations~~ legislative rules necessary to carry out the policies stated in section forty-seven of this article. Such ~~regulations~~ legislative rules may be based upon any or all of the following:
(a) Standards suggested by any public organization or political body concerned with highway or traffic safety; or
(b) Studies, surveys or reports made for the commissioner or for any other governmental agency; or
(c) Any other data ~~deemed~~ considered relevant by the commissioner. Regulations affecting access previously issued by the commissioner or the ~~state road commission~~ division shall continue in effect until altered or withdrawn by the commissioner.

§17-4-49. Same -- Points of commercial, etc.; access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination.

(a) No new points of access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes shall be opened, constructed or maintained without first complying with the provisions of this section and sections forty-seven and forty-eight of this article. Access points opened, constructed or maintained without ~~such~~ compliance are ~~deemed~~ unauthorized.
(b) Plans of for any ~~such~~ new point of access shall be submitted to the ~~state road commissioner~~ Commissioner of Highways directly and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed with the commissioner, along with a plan of the proposed new point of access.
(2) The commissioner shall review the plan to ensure compliance with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article.
(3) ~~The commissioner~~ If the commissioner objects to a plan, he or she shall reduce his or her objections to the proposed new point of access~~, if any,~~ to writing and promptly furnish notice of ~~such~~ the objection to the owner or owners of the real property affected and advise the owner or owners of ~~their~~ the right to demand a hearing ~~thereon~~ on the proposed plan and the objections. ~~A plan not so~~ If a plan is not objected to within six weeks from the time it is filed with the commissioner ~~shall be deemed to have been~~ , it is considered approved by the commissioner.
(4) In any case where the commissioner so objects to the proposed new point of access, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such objections.
(c)(1) Existing points of access to and from state highways from and to real property used for commercial, industrial or mercantile purposes may be reviewed by the commissioner to determine whether such points of access comply with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article. The commissioner may direct reasonable changes in existing points of access to and from state highways from and to property used for commercial, industrial or mercantile purposes if he or she determines from accident reports or traffic surveys that the public safety is seriously affected by such points of access and that such reasonable changes would substantially reduce the hazard to public safety. ~~When such changes require construction, reconstruction or repair, such work shall be done at state expense as any other construction, reconstruction or repair.~~
(2) If the commissioner makes a preliminary determination that any ~~such~~ changes should be made, the following rules shall apply:
(A) The commissioner shall reduce his or her preliminary determination to writing and promptly furnish notice of such preliminary determination to the owner or owners of the real property affected and of their right to demand a hearing ~~thereon~~ on the preliminary determination. ~~Such~~ The commissioner's notice shall include a description of suggested changes ~~deemed by the commissioner suitable to reduce~~ suitable for reducing the hazard to the public safety.
(B) In any case where the commissioner makes a preliminary determination that any ~~such~~ changes should be made, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on ~~such~~ the preliminary determination.
ARTICLE 27. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

§17-27-1. Short title.
The provisions of this article shall be known and referred to as the West Virginia Community Empowerment Transportation Act.
§17-27-2. Legislative findings.
The Legislature finds as follows:
(1) That a broad and unified system should be continued and persistently upgraded by state law for financing, planning, designing, constructing, expanding, improving, maintaining and controlling the transportation facilities that together comprise the transportation infrastructure of this state;
(2) That, in addition to traditional means and methods of putting transportation facilities into place, a significant contribution to a system as described in subdivision one of this section can be made by public-private partnerships that will assist federal, state and local governments in their efforts to meet the evolving needs of governmental entities, industry, labor, commerce and, most importantly, the citizens of this state;
(3) That available public funding and other resources necessary to provide for an adequate or more than adequate transportation infrastructure have not kept pace with the needs of the governmental entities that are charged with financing, developing and maintaining an optimal transportation infrastructure in this state;
(4) That investment in transportation infrastructure by private entities should be facilitated, and innovative financing mechanisms should be encouraged and developed, so as to utilize private capital and other funding sources to supplement governmental actions taken in support of transportation projects, to the end that the financial and technical expertise and other experience of private entities regarding the development of transportation facilities may be garnered and put into service on behalf of the state;
(5) That public and private entities should have a clear and well-designed statutory framework to work within that allows for flexibility in contracting with each other as they seek to develop projects for transportation facilities and attendant services that are the subject of this article; and
(6) That the provisions of this article should not be limited by any rule of strict construction, but should be liberally construed to effect the legislative purpose of conceiving and creating a modern transportation infrastructure under the leadership and guidance of governmental entities, with corresponding and cooperative assistance, under appropriate circumstances, by public-private partnerships, inuring to the benefit and prosperity of the state and the welfare of its citizens.
§17-27-3. Applicability of definitions; definitions.
For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.
(1) "Affected local jurisdiction" means any county or incorporated municipality of this state in which all or any part of a transportation facility is or will be located, or any other local public entity, including, but not limited to, a public service district or highway authority or highway association that is directly affected by an existing or proposed transportation facility.
(2) "Commissioner" means the Commissioner of Highways who is the Chief Executive Officer of the Division of Highways.
(3) "Department" means the West Virginia Department of Transportation.
(4) "Division" refers to the Division of Highways, a division within the West Virginia Department of Transportation.
(5) "Highway authority" or "highway association" means any entity created by the Legislature for the advancement and improvement of the state road and highway system, including, but not limited to, the New River Parkway Authority, Midland Trail Scenic Highway Association, Shawnee Parkway Authority, Corridor G Regional Development Authority, Coalfields Expressway Authority, Robert C. Byrd Corridor H Highway Authority, West Virginia 2 and I-68 Authority, Little Kanawha River Parkway Authority, King Coal Highway Authority, Coal Heritage Highway Authority, Blue and Gray Intermodal Highway Authority and the West Virginia Eastern Panhandle Transportation Authority or, if an authority is abolished, any entity succeeding to the principal functions of the highway authority or to whom the powers given to the highway authority are given by law.
(6) "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity or other business entity.
(7) "Project costs" means capital costs, costs of financing, planning, designing, constructing, expanding, improving, maintaining or controlling a transportation facility, the cost of land, equipment, machinery, installation of utilities and other similar expenditures and all other charges or expenses necessary, appurtenant or incidental to the foregoing.
(8) "Public-private partnership" means a consortium that includes the Division of Highways, a political subdivision of this state, a public service district, a highway authority or any combination thereof, together with a private entity or entities, which proposes to finance, plan, design, construct, expand, improve, maintain or control a transportation facility.
(9) "Public service district" means a public corporation or political subdivision of this state created pursuant to the provisions of section two, article thirteen-a, chapter sixteen of this code.
(10) "Revenue" means all revenue, income, earnings, user fees, lease payments or other service payments arising out of or in connection with supporting the development or operation of a transportation facility, including, without limitation, money received as grants or otherwise from the United States of America, from any public entity or from any agency or instrumentality of the foregoing in aid of such transportation project, moneys generated by way of contract, pledge, donation, bequest or bonds and moneys generated by taxes which are authorized to be assessed and levied by the Legislature or another governmental body.
(11) "Secretary" means the Cabinet Secretary of the West Virginia Department of Transportation.
(12) "Transportation facility" means a highway, road, bridge, tunnel, overpass, ferry, airport, public transportation facility, vehicle parking facility, riverport facility, rail facility, intermodal facility or other similar facility open to the public and used for the transportation of persons or goods and any building, structure, parking area, appurtenances or other properties and structures needed to operate a transportation facility.
(13) "Transportation project" means a project or proposal intended to finance, plan, design, construct, expand, improve, maintain or control a transportation facility as an element of the transportation infrastructure of this state. The term "transportation project" does not include any project that would otherwise be under the authority of the Public Port Authority, the Aeronautics Commission or the Parkways, Economic Development and Tourism Authority.
(14) "User fee" means the rate, toll, fee or other charges imposed by an operator for use of all or a part of a transportation facility.
(15) "Utility" means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including fire or police signal system or street lighting system, which directly or indirectly serves the public.

§17-27-4. Entities required to submit project plans generally; commissioner's powers and duties to implement the act; transportation project plan requirements; financing options; Division of Highways plan review; proprietary information.

(a) A governmental entity seeking state funds for a transportation project shall submit a transportation project plan to the commissioner. The commissioner shall review the proposed transportation project plan and the proposed financing for the project and shall encourage project sponsors to pursue alternative funding sources. Alternative funding sources may include, without limitation, utilization of tax increment financing, issuance of general obligations bonds, revenue bonds or anticipation notes, cooperation with other governmental units and utilities, dedicated user fees and public-private partnerships.
(b) To implement and carry out the intent of this article, the commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code. The commissioner shall establish comprehensive, uniform guidelines in order to evaluate any transportation project plan. The guidelines shall address the following:
(1) The use of alternative sources of funding which could finance all or a part of the transportation project;
(2) The transportation needs of the region;
(3) Project costs;
(4) Whether dedicated revenues from a project sponsor are offered for project costs;
(5) Available federal and state funds;
(6) The degree to which the transportation project impacts other infrastructure projects and implements cost-effective and efficient development of transportation projects with other infrastructure improvements;
(7) The cost effectiveness of the transportation project as compared with alternatives which achieve substantially the same economic development benefits;
(8) The project sponsor's ability to operate and maintain the transportation project or finance the continued operation and maintenance of the transportation project if approved;
(9) The degree to which the transportation project achieves other state or regional planning goals;
(10) The estimated date upon which the transportation project could commence if funding were available and the estimated completion date of the transportation project; and
(11) Other factors the commissioner considers necessary or appropriate to accomplish the purpose and intent of this article.
(c) The commissioner shall create a transportation project plan application form which shall be used by all project sponsors requesting funding assistance from the state for transportation projects. The application shall require a preliminary proposal which shall include:
(1) The projected type and location of the transportation project;
(2) The estimated total project cost of the transportation project;
(3) The amount of funding assistance desired and the specific uses of the funding;
(4) Other sources of funding available or potentially available for the transportation project;
(5) Information demonstrating the need for the transportation project and documentation that the proposed funding of the project is the most economically feasible alternative to completing the transportation project;
(6) A timeline for activities to be performed by the project sponsor and affected local jurisdictions;
(7) A statement setting forth the financing of the project costs, including the sources of the funds and identification of any dedicated revenues, proposed debt, tax increment financing plans, issuance of bonds or notes, in-kind services or equity investment of project sponsors;
(8) A list of public utilities that can be constructed in coordination with the transportation project and a statement of the plans to accommodate such;
(9) The names and addresses of the persons who may be contacted for further information concerning the transportation project;
(10) A statement of the projected availability and use of dedicated revenues including user fees, lease payments and other service payments over time; and
(11) Other information as the commissioner considers necessary to enable the review of the transportation project.
(d) The commissioner may also require the submission of geographic information system mapping of the transportation project and electronic filing of the preliminary proposal. If the preliminary proposal is approved by the commissioner for a further detailed review, the division shall advise the project sponsor of the estimated cost of a detailed review. The project sponsor must deposit with the division a bond, irrevocable letter of credit or other acceptable instrument guaranteeing payment by the project sponsor of the actual costs incurred by the division, to a maximum of the estimated costs, for a detailed review prior to the initiation of the detailed review.
(e) In evaluating any transportation project, the commissioner may rely upon internal staff reports or the advice of outside advisors or consultants.
(f) The commissioner shall encourage collaboration among project sponsors, affected local jurisdictions and private entities through intergovernmental agreements and public-private partnerships including, without limitation, recommending the amounts and sources of funding which affected local jurisdictions or project sponsors may pursue, which state transportation or infrastructure agency or agencies may be consulted for appropriate investment of public funds and alternatives to carry out the intent of this article.
(g) The commissioner may recommend to the Governor those transportation projects which are a prudent and resourceful expenditure of funds and which utilize alternative funding sources. No proposal may be recommended or approved which is inconsistent with the division's twenty-year long-range plans or other transportation plans.
(h) The commissioner shall prepare and publish an annual report of activities and accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or before the fifteenth day of December of each year. Further, the commissioner shall prepare and transmit annually to the Governor and the Legislature a report outlining alternative road funding models and incentive packages. The report may also recommend legislation relating to third-party donation of funds, materials or services, federal credit instruments, secured loans, federal Transportation Infrastructure Finance and Innovation Act funds, state infrastructure banks (SIBS), private activity bonds or other matters respecting transportation considered by the commissioner to be in the public interest. The commissioner may consider alternatives to the current system of taxing highway use through motor vehicle fuel taxes including, without limitation, pilot programs for testing technology and methods for the collection of mileage fees.
(i) The commissioner shall take appropriate action to protect proprietary and trade secret information, which shall be exempt from the requirements of chapter twenty-nine-b of this code.

§17-27-5. County fees for transportation projects; general obligation and revenue bonds; election and notice requirements; credit for municipal service fees.

(a) Notwithstanding any code provisions to the contrary, the county commission of each county shall have the authority to impose by order upon users of a transportation project reasonable fees to be collected in the manner specified in the order for transportation projects. No order imposing a fee is effective until it is ratified by a majority of the legal votes cast by the qualified voters of the county at a primary or general election. The ballot question must set forth the fee, the manner in which it will be imposed and the general use to which the proceeds of the fee shall be put.
(b) Every county commission is hereby empowered and authorized to issue, in the manner prescribed by law, revenue bonds or general obligation bonds for the purpose of raising or dedicating revenue to establish, construct, improve, extend, develop, maintain or operate a transportation project or to refund any bonds of the counties, the proceeds of which were expended in establishing, constructing, improving, extending, developing, maintaining or operating a transportation project or any part thereof. Bonds issued for any of the purposes stated in this section shall contain in the title or subtitle thereto the words "transportation project", in order to identify the same, and shall be of such form, denomination and maturity and shall bear such rate of interest as fixed by order of the county commission. The county commission may provide for the issuance of bonds for other lawful purposes of the county in the same order in which provisions shall be made for the issuance of bonds under the provisions of this section. The county commission shall pay all of the costs and expenses of any election held to authorize the issuance of transportation project bonds. Whenever the county commission and the requisite majority of the legal votes cast at the election thereon shall authorize in the manner prescribed by law, the issuance of bonds for the purpose of establishing, constructing, improving, extending, developing, maintaining, operating or any combination of the foregoing, a transportation project or for the purpose of refunding any outstanding bonds, the proceeds of which were applied to any of the foregoing purposes, the bonds shall be issued and delivered to the county commission to be sold by it in the manner prescribed by law and the proceeds thereof shall be paid into the county commission and the same shall be applied and utilized by the county commission for the purposes prescribed by the order authorizing the issuance of the bonds. In any order for the issuance of bonds, it shall be a sufficient statement of the purposes for creating the debt to specify that the same is for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating, or any combination of the foregoing, a transportation project and further specifying the particular establishment, construction, improvement, extension, development, maintenance or operation contemplated; and an order for refunding bonds shall designate the issue and the number of bonds which it is proposed to refund.
(c) For the purposes of this section, a county commission is authorized to sue and be sued; make contracts and guarantees; incur liabilities; borrow or lend money for any time period considered advisable by the county commission; sell, mortgage, lease, exchange, transfer or otherwise dispose of its property; or pledge its property as collateral or security for any time period considered advisable by the commission. All sales, leases or other disposition of real property acquired with state road funds or federal funds, or of real property dedicated to the state road system, must be done in accordance with applicable federal and state law and may be done only with the approval of the commissioner. Further, a county commission is authorized to create trusts as will expedite the efficient management of transportation projects and other assets owned or controlled by the county commission. The trustee, whether individual or corporate, in any trust shall have a fiduciary relationship with the county commission and may be removed by the county commission for good cause shown or for a breach of the fiduciary relationship with the county commission. Nothing in this article is considered to effect a waiver of the sovereign, constitutional or governmental immunity of the state or its agencies.
(d) No revenue bonds or general obligation bonds may be issued under this section until all questions connected with the bonds are first submitted to a vote of the qualified voters of the county for which the bonds are to be issued and receive a majority of all the votes cast for and against the issuance. The ballot question must set forth: (1) The necessity for issuing the bonds; (2) the purpose or purposes for which the proceeds of bonds are to be expended; (3) the total indebtedness, bonded or otherwise; (4) the amount of the proposed bond issue; (5) the maximum term of bonds and series; (6) the maximum rate of interest; (7) the date of election; and (8) whether the county commission is collecting fees authorized by this section to provide funds for the payment of the interest upon the bonds and the principal at maturity and the approximate amount of fees necessary for this purpose.
(e) Notice of election on an order imposing a fee authorized by this section shall be given by publication, within fourteen consecutive days next preceding the date of the election, as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for publication shall be the county. All of the provisions of the general election laws of this state concerning primary or general elections, when not in conflict with the provisions of this section, shall apply to elections hereunder, insofar as practicable. If a majority of the legal votes cast upon the question be against the imposition of a fee or issuance of a bond provided by this section, such shall not take effect, but the question may again be submitted to a vote at any subsequent election in the manner herein provided.
(f) All money collected or appropriated by a county commission under this section for a transportation project shall be deposited in a special account and disbursed for the purpose of dedicating revenues to a transportation project.
(g) The powers conferred by this article are in addition and supplemental to any other powers conferred upon county commissions by the Legislature relating to streets, road maintenance or to construct and maintain transportation facilities.
(h) In the event rates, fees and charges imposed by a governing body of any municipality pursuant to section eight, article thirteen, chapter thirteen of this code are applied to street, bridge or road maintenance, construction, cleaning or street lighting, persons subject to both a county fee authorized by this section and the municipal fee shall be entitled to a full credit equivalent to the municipal fee against the county fee authorized by this section.

§17-27-6. Commissioner's authority over transportation projects accepted into the state road system; use of state road funds.

Notwithstanding anything in this article to the contrary, the commissioner shall have final approval of any transportation project, however, no state road funds may be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibited by the constitution and laws of this state or the federal government or where such use, in the sole discretion of the commissioner, would jeopardize receipt of federal funds.
All transportation projects that are accepted as part of the state road system, and all real property interests and appurtenances, are under the exclusive jurisdiction and control of the commissioner, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system. As a condition of acceptance of a transportation project into the state road system, the commissioner may require that the project sponsor provide a dedicated revenue source for the continued operation and maintenance of the transportation project.
No state road funds may be used to finance a transportation project without the written approval of the commissioner.

§17-27-7. Coordination and development of transportation projects with other infrastructure; information sharing; agreements among municipal utilities and public service districts to participate in transportation projects; rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption from Public Service Commission approval.

(a) The commissioner shall encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure.
(b) To coordinate and integrate the planning of transportation projects among local jurisdictions, all governing bodies, units of government, municipal utilities and public service districts within the affected local jurisdiction shall cooperate, participate, share information and give input when a project sponsor prepares a transportation project plan.
(c) Pursuant to this section, municipal utilities and public service districts are granted the authority to enter into agreements with any project sponsor for the purpose of constructing new infrastructure facilities or substantially improving or expanding infrastructure facilities in conjunction with a transportation project and dedicating revenue or contributing moneys to transportation project costs. Each agreement shall contain at a minimum engineering and construction standards, terms regarding the revenue sources, allocation of project costs and confirmation that the agreement does not violate any existing bond covenants. No infrastructure facilities shall be located or relocated within a right-of-way in, or to be included within, the state road system except in accordance with transportation project plans approved by the commissioner.
(d) The rates charged by a municipal utility or public service district to customers in an affected local jurisdiction may include the additional cost borne by the municipal utility or public service district as a result of entering into an agreement with a project sponsor to contribute monies or dedicate revenue to transportation project costs.
(e) Nothing contained in this article shall be construed to affect the authority of the Department of Environmental Protection nor the authority of the Department of Health and Human Resources pursuant to the provisions of this code.
(f) Nothing contained in this article shall be construed to give the Public Service Commission authority to regulate or intervene in the approval and construction of any transportation project or any agreement between a project sponsor and a municipal utility or public service district under the provisions of this article.
On motion of Senator Caruth, the following amendment to Senator Unger's amendment to the bill (Eng. Com. Sub. for H. B. No. 2804) was next reported by the Clerk:
On page two, section seventeen-b, subsection (a), after the word "interference" by striking out the words "at the cost of the utility, including construction inspection costs and in compliance with the rules of the division and the provisions of article three, chapter twenty-nine-a of this code".
Following discussion,
The question being on the adoption of Senator Caruth's amendment to Senator Unger's amendment to the bill, the same was put and did not prevail.
The question now being on the adoption of Senator Unger's amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2804), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2808, Increasing the fee for issuance of one-trip permits.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §17A-7-2 of the Code of West Virginia, 1931,as amended, be amended and reenacted to read as follows:

ARTICLE 7. SPECIAL STICKERS.

§17A-7-2. Operation of motor vehicles by dealers or other persons under special stickers; application and fees; expiration.

(a) A member of the ~~department of public safety~~ ~~[West Virginia State Police]~~ West Virginia State Police may at any detachment office, upon application therefor on a form prescribed by the commissioner, issue to a licensed dealer or any other person other than those specified in section one of this article, a paper sticker or decal to be affixed to the left side of the rear window of a motor vehicle or to the left rear of a vehicle which is not self-propelled. Such sticker or decal shall be of a size to be designated by the commissioner and shall be serially numbered and shall have provision thereon to indicate the date of issuance thereof.
(b) A fee of ~~one dollar~~ five dollars per sticker shall be ~~charged and~~ collected and dispersed as follows: Two dollars and fifty cents shall be deposited in the State Road Fund and two dollars and fifty cents shall be deposited in the special revenue account within the Division of Highways for the maintenance of the West Virginia welcome centers and rest areas along interstate highways in this state.
(c) Such sticker or decal shall be valid for forty-eight hours after its issuance for the operation of a vehicle, whether under its own power or while being towed, one time only over the streets or highways ~~of this state~~, and upon being once affixed to a vehicle shall become invalid for subsequent use on that or any other vehicle.
The bill (Eng. Com. Sub. for H. B. No. 2808), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2840, Relating to transportation of wildlife outside of the state.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2875, Providing a procedure in which to fill a vacancy on a county commission in the event the remaining commissioners cannot agree.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
The bill (Eng. Com. Sub. for H. B. No. 2875) was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2877, Funding entities ensuring public safety on state highways.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §15-1B-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-19-1, §18-19-2 and §18-19-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 1B. NATIONAL GUARD.

§15-1B-21. Tuition and fees for guard members at institutions of higher education.

(a) Any member of the Army National Guard or Air National Guard who is enrolled in a course of undergraduate study or a Master's degree program and is attending any accredited college, university, business or trade school located in West Virginia or is attending any aviation school located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment of tuitions and fees at that college, university, business or trade school or aviation school during the period of his or her service in the National Guard. ~~Provided,~~ ~~That the~~ The Adjutant General may prescribe criteria of eligibility for payment of tuition and fees at the college, university, business or trade school or aviation school. ~~Provided, however,~~ ~~That the~~ The payment is contingent upon appropriations being made by the Legislature for this express purpose. A member may receive payment for only one master's degree pursuant to this section.
(b) The amount of the payment for members attending a state-supported school shall be determined by the Adjutant General and may not exceed the actual amount of tuition and fees at the school. The amount of the payment for members attending a private school shall be determined by the Adjutant General, but in no any event may it not exceed the highest amounts payable at any state-supported school.
(c) Any member of the Army National Guard or Air National Guard who is enrolled in a course of ~~postgraduate~~ undergraduate study or a master's degree program and is attending any accredited college or university located in West Virginia, and is receiving payments under ~~the Army~~ a federally funded continuing education system, may be entitled to payment of tuition and fees at that college or university during his or her period of service in the Army National Guard or Air National Guard: Provided, That the sum of payments received under this subsection and ~~the Army~~ a federally funded continuing education system may not exceed the actual amount of tuition and fees at the school and in no event may exceed the highest amounts payable at any state-supported school. The payments are contingent upon appropriations being made by the Legislature for this express purpose.
(d) The Adjutant General may, in lieu of the tuition payment authorized by this section, pay an amount equal to the amount of tuition which otherwise would have been paid, directly to members of the West Virginia Army National Guard or West Virginia Air National Guard who are participating in the PROMISE Scholarship program provided in article seven, chapter eighteen-c of this code.
(e) A member of the West Virginia Army National Guard or West Virginia Air National Guard who is receiving payments for tuition and fees under this section, and is discharged from the military service due to wounds or injuries received in the line of duty, may continue to receive payments for tuition and fees under this section as if he or she were still a member. ~~of the West Virginia National Guard.~~
(f) The Adjutant General shall administer the tuition and fee payments authorized under this section and shall propose policies to implement the provisions of this section.
CHAPTER 18. EDUCATION.

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN AND SPOUSES OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19-1. Appropriation to provide educational opportunities.
(a) The purpose of this article is to provide educational opportunities for the children and spouses of those:
(1) Who served in:
(A) The Army, Navy or Marine Corps of the United States during the world war from the sixth day of April, one thousand nine hundred seventeen, to the second day of July, one thousand nine hundred twenty-one, all dates inclusive;
(B) The Armed Forces of the United States of America at any time between the first day of December, one thousand nine hundred forty-one, and the declaration of peace by the Congress of the United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any time between the twenty-seventh day of June, one thousand nine hundred fifty, and the thirty-first day of January, one thousand nine hundred fifty-five, all dates inclusive;
(D) The Armed Forces of the United States of America at any time between the fifth day of August, one thousand nine hundred sixty-four, and the seventh day of May, one thousand nine hundred seventy-five, all dates inclusive; or
(E) The Armed Forces of the United States of America at any time during which the forces or members of the reserve components are called to active duty by the President of the United States under Title 10 of the United States Code for the purpose of entering into armed combat; and
(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from ~~this~~ their war service.
(b) For the purpose of this article, there is appropriated from the State ~~Fund~~, General Revenue Fund the sum of at least five thousand dollars for each fiscal year commencing the first day of July and ending on the thirtieth day of June of each year of the next biennium to be used for the benefit of these children and spouses while attending post-secondary education or training institutions.
(c) This benefit also shall be given to children and spouses of a service member killed during hostile actions as defined by the agency administering this section.
(d) The term "children" as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran's demise.
(e) The term "spouse" as used in this article includes any spouse who remained married to the veteran prior to the veteran's demise and who was neither the plaintiff nor defendant in any active divorce or annulment proceedings against the veteran at the time of the veteran's demise.

§18-19-2. Eligibility of applicant for benefits; application forms; preference.

(a) To be eligible for the benefits of this article, a child or spouse set forth in section one of this article shall be:
(1) At least sixteen and not more than twenty-five years of age:
(2) Enrolled in a post-secondary education or training institution in this state; and
(3) The child or spouse of an enlistee who designated West Virginia as his or her state of record.
(b) The application shall be made to, and upon forms provided by, the West Virginia Division of Veterans' Affairs. The division shall determine the eligibility of those who apply and the yearly amount to be allotted each applicant. The amount, in the discretion of the division, may vary from year to year, but may not exceed the sum of one thousand dollars in any one semester or a total of two thousand dollars in any one year. In selecting those to receive the benefits of this article, preference shall be given those who are otherwise financially unable to secure the educational opportunities.

§18-19-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

(a) A state post-secondary education or training institution may not charge tuition and fees to an eligible applicant attending that institution pursuant to this article. The funds ~~herein~~ appropriated in this article shall be expended by the West Virginia Division of Veterans' Affairs only for matriculation fees, board, room rent, books, supplies and other necessary living expenses of those children.
(b) In the event that a child or spouse eligible for a tuition waiver pursuant to this section attends a private post-secondary education or training institution where the tuition waiver is not applicable, that child or spouse remains eligible for up to two thousand dollars per year in education benefits pursuant to section two of this article.
(c) In addition to the tuition waiver available pursuant to this section, a child or spouse attending a state post-secondary education or training institution is eligible for up to two thousand dollars per year in education benefits as provided in section two of this article.
(d) The division is charged with the duty of disbursing the funds ~~herein~~ provided in this article and shall draw its requisitions upon the State Auditor for that purpose. In its discretion, the division, if satisfied as to the accuracy and amounts of the expenditures, shall make the requisitions payable to the post-secondary education or training institutions or to those furnishing to the children or spouses board, room rent, books, supplies and other necessary living expenses.
(e) A member or employee of the division may not receive any additional compensation for the services ~~herein~~ required in this article.
(f) Acceptance of benefits or tuition waivers pursuant to this article does not limit the acceptance of any other scholarship or grant for which a student may be eligible.
(g) Notwithstanding the provisions of this article to the contrary, until the first day of January, two thousand seven, benefits received pursuant to this article may be used for educational opportunities received at an education or training institution that is below the post-secondary level.
The bill (Eng. Com. Sub. for H. B. No. 2931), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On pages eight through ten, by striking out all of section forty-seven;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §11-14C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:.
The bill (Eng. Com. Sub. for H. B. No. 2955), as amended, was then ordered to third reading.
Eng. House Bill No. 2956, Relating to civil actions filed in the courts of the state.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2989, Relating to certain tax shelters used to avoid paying state income taxes.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of prospective employees of the Tax Division.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3072, Relating to defining "charitable exemptions" for purposes of the municipal business and occupation tax.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 3093, Providing a form for a combined medical power of attorney and living will.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service.
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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-45. Theft of certain utility services; penalty.

Any person who knowingly and intentionally obtains the possession or use of crude, heating or fuel oil, natural gas, water service, electric service or telecommunications service without the knowledge and consent of the owner or provider thereof and with the intent to avoid payment therefor shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year or fined not more than two thousand dollars, or both.
The bill (Eng. Com. Sub. for H. B. No. 3161), as amended, was then ordered to third reading.
Eng. House Bill No. 3270, Relating to the compensation and expenses of fiduciaries.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2145, Defining limited use residence elevators in public places.
Eng. Com. Sub. for House Bill No. 2527, Revising the sunrise review process.
Eng. Com. Sub. for House Bill No. 2575, Relating to commercial driver's licences.
Eng. Com. Sub. for House Bill No. 2747, Regulating plumbers and fire protection workers.
Eng. Com. Sub. for House Bill No. 2763, Relating to persons performing financial examinations of insurers.
Eng. Com. Sub. for House Bill No. 2800, Relating to the practice of medical imaging and radiation therapy.
Eng. Com. Sub. for House Bill No. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty.
Eng. House Bill No. 2825, Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages.
Eng. Com. Sub. for House Bill No. 2926, Relating to providing notification that a domestic violence protective order has been extended.
Eng. Com. Sub. for House Bill No. 2945, Providing for tax credits for apprenticeship training in construction trades.
Eng. House Bill No. 2992, Decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services.
Eng. House Bill No. 3018, Limiting the duplication of publication costs in the administration of certain estates.
And,
Eng. Com. Sub. for House Bill No. 3048, Providing credit for specified high technology manufacturers.
On motion of Senator Chafin, the Senate recessed for thirty minutes.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate recessed until 6 p.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence in part by that body in the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
The message further announced that that body had refused to concur in the Senate amendment on page thirty-one, section eight, subsection (f), subdivision (2), and requested the Senate to recede therefrom by striking out the word "twenty-one" and inserting in lieu thereof the word "twenty-three".
Senator Chafin moved that the Senate refuse to recede from its amendments to the bill and request the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Senator Caruth arose to a point of order that, under Joint Rule 3(a), which states in part "Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. . . .", the action taken by the House of Delegates was in contravention of the rule,
Which point of order, the President ruled not well taken.
Thereafter, at the request of Senator Guills, and by unanimous consent, the point of order raised by Senator Caruth and the ruling by Senator Tomblin (Mr. President) were ordered printed in the Appendix to the Journal.
The question being on the adoption of Senator Chafin's motion that the Senate refuse to recede from its amendment to the bill and request the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, the same was put and prevailed.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Kessler, Bowman and McKenzie.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the seventeenth day of March, two thousand seven, which was received and read by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January; and
WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2007 regular session of the Legislature concludes on the tenth day of March, two thousand seven, at midnight; and
WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
WHEREAS, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed seven days; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the seventh day of March, in the year of our Lord, Two Thousand Seven, and in the One Hundred Forty-Fourth year of the State.

JOE MANCHIN III,
Governor.

By the Governor:

BETTY IRELAND,

Secretary of State.

A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Shook, Swartzmiller and Schadler.
On motion of Senator Chafin, the Senate recessed for ten minutes.
Upon expiration of the recess, the Senate reconvened and proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 6:45 p.m. today:
Eng. Com. Sub. for House Bill No. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2590, Authorizing the Department of Revenue to promulgate legislative rules.
Passed by the Senate in earlier proceedings today,
The bill now being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote as to the effective date and passage.
The vote thereon having been reconsidered,
On motion of Senator Kessler, the Senate reconsidered its action by which on yesterday, Tuesday, March 6, 2007, it adopted the Judiciary committee amendment to the bill (shown in the Senate Journal of that day, pages 57 to 63, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Judiciary committee amendment to the bill.
Thereafter, on motion of Senator Kessler, the following amendments to the Judiciary committee amendment to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page one, section one, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§64-7-1. Alcohol Beverage Control Commission.;
And,
On page seven, section three, by striking out "73.2.1.1.e." and inserting in lieu thereof "73.2.1.1.c.".
The question now being on the adoption of the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2590), as amended, the same was put and prevailed.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2590) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 2590) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 2590) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 65, Budget bill.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 65 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts with laws prohibiting the use of tobacco by minors.
Eng. House Bill No. 2770, Enhancing penalties for certain acts against court security personnel.
Eng. Com. Sub. for House Bill No. 3074, Relating to the carrying of concealed weapons.
Eng. House Bill No. 3228, Providing that home confinement officers are subject to criminal prohibition of engaging in sexual intercourse with person incarcerated.
And,
Eng. House Bill No. 3271, Clarifying spendthrift trusts.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. H. B. No. 2332, Eng. H. B. No. 2770, Eng. Com. Sub. for H. B. No. 3074, Eng. H. B. No. 3228 and Eng. H. B. No. 3271) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second 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. 2436, Modifying the Nurse Overtime and Patient Safety Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2436) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
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. 2544, Increasing the penalty for driving under the influence causing death.
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. 2544) 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 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. 2764, Establishing criminal history checks for applicants for insurance producer licenses.
With amendments from the Committee on Banking and Insurance pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; and as last amended by the Committee on the Judiciary.
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. 2764) 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 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. 2777, Relating to compensation of public school teachers and school personnel.
With amendments from the Committee on Education pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2007;
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.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2777) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Effective the first day of July, two thousand seven, through the thirtieth day of June, two thousand eight, each teacher shall receive the amount prescribed in the 2007-08 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Effective the first day of July, two thousand eight, and thereafter, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.

2007-08 STATE MINIMUM SALARY SCHEDULE
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
Years Exp.	4th Class	3rd Class	2nd Class		A.B. +15		M.A. +15	M.A. +30	M.A. +45	Doc- torate
				A.B.		M.A.
0	24,051	24,711	24,975	26,227	26,988	28,755	29,516	30,277	31,038	32,073
1	24,379	25,039	25,303	26,745	27,506	29,274	30,035	30,795	31,556	32,591
2	24,708	25,367	25,631	27,264	28,025	29,792	30,553	31,314	32,075	33,110
3	25,036	25,695	25,959	27,783	28,543	30,311	31,072	31,832	32,593	33,628
4	25,608	26,267	26,531	28,545	29,306	31,074	31,835	32,595	33,356	34,391
5	25,936	26,595	26,859	29,064	29,825	31,592	32,353	33,114	33,875	34,910
6	26,264	26,923	27,187	29,582	30,343	32,111	32,872	33,632	34,393	35,428
7	26,592	27,252	27,515	30,101	30,862	32,629	33,390	34,151	34,912	35,947
8	26,920	27,580	27,844	30,619	31,380	33,148	33,909	34,669	35,430	36,465
9	27,248	27,908	28,172	31,138	31,899	33,666	34,427	35,188	35,949	36,984
10	27,577	28,236	28,500	31,657	32,417	34,185	34,946	35,706	36,467	37,502
11	27,905	28,564	28,828	32,175	32,936	34,704	35,464	36,225	36,986	38,021
12	28,233	28,892	29,156	32,694	33,454	35,222	35,983	36,744	37,504	38,539
13	28,561	29,220	29,484	33,212	33,973	35,741	36,501	37,262	38,023	39,058
14	28,561	29,548	29,812	33,731	34,491	36,259	37,020	37,781	38,541	39,576
15	28,561	29,876	30,140	34,249	35,010	36,778	37,538	38,299	39,060	40,095
16	28,561	29,876	30,468	34,768	35,528	37,296	38,057	38,818	39,578	40,613
17	28,561	29,876	30,796	35,286	36,047	37,815	38,575	39,336	40,097	41,132
18	28,561	29,876	30,796	35,805	36,566	38,333	39,094	39,855	40,615	41,650
19	28,561	29,876	30,796	36,323	37,084	38,852	39,613	40,373	41,134	42,169
20	28,561	29,876	30,796	36,842	37,603	39,370	40,131	40,892	41,653	42,688
21	28,561	29,876	30,796	36,842	37,603	39,889	40,650	41,410	42,171	43,206
22	28,561	29,876	30,796	36,842	37,603	40,407	41,168	41,929	42,690	43,725
23	28,561	29,876	30,796	36,842	37,603	40,926	41,687	42,447	43,208	44,243
24	28,561	29,876	30,796	36,842	37,603	40,926	41,687	42,966	43,727	44,762
25	28,561	29,876	30,796	36,842	37,603	40,926	41,687	43,484	44,245	45,280
26	28,561	29,876	30,796	36,842	37,603	40,926	41,687	44,003	44,764	45,799
27	28,561	29,876	30,796	36,842	37,603	40,926	41,687	44,003	44,764	45,799
28	28,561	29,876	30,796	36,842	37,603	40,926	41,687	44,003	44,764	45,799
29	28,889	30,204	31,125	37,360	38,121	41,445	42,205	44,522	45,282	46,317
30	29,217	30,533	31,453	37,879	38,640	41,963	42,724	45,040	45,801	46,836
31	29,545	30,861	31,781	38,397	39,158	42,482	43,242	45,559	46,319	47,354
32	29,873	31,189	32,109	38,916	39,677	43,000	43,761	46,077	46,838	47,873
33	30,201	31,517	32,437	39,435	40,195	43,519	44,279	46,596	47,356	48,391
34	30,529	31,845	32,765	39,953	40,714	44,037	44,798	47,114	47,875	48,910
35	30,857	32,173	33,093	40,472	41,232	44,556	45,316	47,633	48,393	49,428
2008-09 STATE MINIMUM SALARY SCHEDULE
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
Years Exp.	4th Class	3rd Class	2nd Class		A.B. +15		M.A. +15	M.A. +30	M.A. +45	Doc- torate
				A.B.		M.A.
0	24,051	24,711	24,975	26,227	26,988	28,755	29,516	30,277	31,038	32,073
1	24,379	25,039	25,303	26,745	27,506	29,274	30,035	30,795	31,556	32,591
2	24,708	25,367	25,631	27,264	28,025	29,792	30,553	31,314	32,075	33,110
3	25,036	25,695	25,959	27,783	28,543	30,311	31,072	31,832	32,593	33,628
4	25,608	26,267	26,531	28,545	29,306	31,074	31,835	32,595	33,356	34,391
5	25,936	26,595	26,859	29,064	29,825	31,592	32,353	33,114	33,875	34,910
6	26,264	26,923	27,187	29,582	30,343	32,111	32,872	33,632	34,393	35,428
7	26,592	27,252	27,515	30,101	30,862	32,629	33,390	34,151	34,912	35,947
8	26,920	27,580	27,844	30,619	31,380	33,148	33,909	34,669	35,430	36,465
9	27,248	27,908	28,172	31,138	31,899	33,666	34,427	35,188	35,949	36,984
10	27,577	28,236	28,500	31,658	32,418	34,186	34,947	35,708	36,468	37,503
11	27,905	28,564	28,828	32,176	32,937	34,705	35,465	36,226	36,987	38,022
12	28,233	28,892	29,156	32,695	33,455	35,223.	35,984	36,745	37,505	38,540
13	28,561	29,220	29,484	33,213	33,974	35,742	36,502	37,263	38,024	39,059
14	28,889	29,548	29,812	33,732	34,492	36,260,	37,021	37,782	38,542	39,577
15	29,217	29,876	30,140	34,250	35,011	36,779	37,539	38,300	39,061	40,096
16	29,545	30,204	30,468	34,769	35,529	37,297	38,058	38,819	39,579	40,614
17	29,873	30,533	30,796	35,287	36,048	37,816	38,577	39,337	40,098	41,133
18	30,201	30,861	31,125	35,806	36,567	38,334	39,095	39,856	40,617	41,652
19	30,529	31,189	31,453	36,324	37,085	38,853	39,614	40,374	41,135	42,170
20	30,857	31,517	31,781	36,843	37,604	39,371	40,132	40,893	41,654	42,689
21	31,186	31,845	32,109	37,361	38,122	39,890	40,651	41,411	42,172	43,207
22	31,514	32,173	32,437	37,880	38,641	40,408	41,169	41,930	42,691	43,726
23	31,842	32,501	32,765	38,399	39,159	40,927	41,688	42,448	43,209	44,244
24	32,170	32,829	33,093	38,917	39,678	41,446	42,206	42,967	43,728	44,763
25	32,498	33,157	33,421	39,436	40,196	41,964	42,725	43,486	44,246	45,281
26	32,826	33,485	33,749	39,954	40,715	42,483	43,243	44,004	44,765	45,800
27	33,154	33,813	34,077	40,473	41,233	43,001	43,762	44,523	45,283	46,318
28	33,482	34,142	34,405	40,991	41,752	43,520	44,280	45,041	45,802	46,837
29	33,810	34,470	34,734	41,510	42,270	44,038	44,799	45,560	46,320	47,355
30	34,138	34,798	35,062	42,028	42,789	44,557	45,317	46,078	46,839	47,874
31	34,467	35,126	35,390	42,547	43,308	45,075	45,836	46,597	47,357	48,392
32	34,795	35,454	35,718	43,065	43,826	45,594	46,355	47,115	47,876	48,911
33	35,123	35,782	36,046	43,584	44,345	46,112	46,873	47,634	48,395	49,430
34	35,451	36,110	36,374	44,102	44,863	46,631	47,392	48,152	48,913	49,948
35	35,779	36,438	36,702	44,621	45,382	47,149	47,910	48,671	49,432	50,467

(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (i) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.

§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

(a) The Legislature hereby finds and declares that the rigorous standards and processes for certification by the National Board for Professional Teaching Standards (NBPTS) helps to promote the quality of teaching and learning. Therefore, classroom teachers in the public schools of West Virginia should be encouraged to achieve national board certification through a reimbursement of expenses and an additional salary bonus which reflects their additional certification, to be paid in accordance with the provisions of this section.
(b) ~~Two~~ Three thousand five hundred dollars shall be paid annually to each classroom teacher who holds a valid certificate issued by the National Board of Professional Teaching Standards for the life of the certification, but in no event more than ten years for any one certification.
(c) The payments:
(1) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule;
(2) Shall be paid in equal monthly installments; and
(3) Shall be considered a part of the state minimum salaries for teachers.
(d) One-half the certification fee shall be paid for reimbursement once to each teacher who enrolls in the program for the National Board for Professional Teaching Standards certification and one-half the certification fee shall be paid for reimbursement once to each teacher who completes the National Board for Professional Teaching Standards certification. Completion shall be defined as the completion of ten scorable entries, as verified by the National Board for Professional Teaching Standards. Teachers who achieve National Board for Professional Teaching Standards certification may be reimbursed a maximum of six hundred dollars for expenses actually incurred while obtaining the National Board for Professional Teaching Standards certification.
(e) The state board shall limit the number of teachers who receive the initial reimbursements of the certification fees set forth in subsection (d) of this section to two hundred teachers annually. The state board shall establish selection criteria for the teachers by the legislative rule required pursuant to subsection (g) of this section.
(f) Subject to the provisions of subsection (e) of this section, funding for reimbursement of the certification fee and expenses actually incurred while obtaining the National Board for Professional Teaching Standards certifications shall be administered by the state Department of Education from an appropriation established for that purpose by the Legislature. If funds appropriated by the Legislature to accomplish the purposes of this subsection are insufficient, the state department shall prorate the reimbursements for expenses and shall request of the Legislature, at its next regular session, funds sufficient to accomplish the purposes of this subsection, including needed retroactive payments.
(g) The state board shall promulgate legislative rules pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.

§18A-4-8. Employment term and class titles of service personnel; definitions.

(a) The purpose of this section is to establish an employment term and class titles for service personnel. The employment term for service personnel may not be no less than ten months. A month is defined as twenty employment days: Provided, That the county board may contract with all or part of these service personnel for a longer term. The beginning and closing dates of the ten-month employment term may not exceed forty-three weeks.
(b) Service personnel employed on a yearly or twelve-month basis may be employed by calendar months. Whenever there is a change in job assignment during the school year, the minimum pay scale and any county supplement are applicable.
(c) Service personnel employed in the same classification for more than the 200-hundred day minimum employment term shall be paid for additional employment at a daily rate of not less than the daily rate paid for the 200-hundred day minimum employment term.
(d) No A service ~~employee without his or her agreement~~ person may not be required to report for work more than five days per week without his or her agreement, and no part of any working day may be accumulated by the employer for future work assignments, unless the employee agrees thereto.
(e) If ~~an employee~~ a service person whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on a Saturday or Sunday, the ~~employee~~ service person shall be paid for at least one-half day of work for each day he or she reports for work. ~~and if~~ If the ~~employee~~ service person works more than three and one-half hours on any Saturday or Sunday, he or she shall be paid for at least a full day of work for each day.
(f) A ~~custodians,~~ ~~aides~~, custodian, aide, maintenance, office and school lunch ~~employees~~ service person required to work a daily work schedule that is interrupted ~~that is, who do not work a continuous period in one day,~~ shall be paid additional compensation.
(1) A maintenance person is defined as a person who holds a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.
(2) A service person's schedule is considered to be interrupted if he or she does not work a continuous period in one day. Aides are not regarded as working an interrupted schedule when engaged exclusively in the duties of transporting students.
(3) The additional compensation provided for in this subsection:
(A) Is equal to at least one eighth of ~~their~~ a service person's total salary as provided by ~~their~~ the state minimum ~~salary~~ pay scale and any county pay supplement; and
(B) Is payable entirely from county board funds. ~~Provided,~~ ~~That when engaged in duties of transporting students exclusively, aides shall not be regarded as working an interrupted schedule.~~ Maintenance personnel are defined as personnel who hold a classification title other than in a custodial, aide, school lunch, office or transportation category as provided in section one, article one of this chapter.
(g) ~~Upon the~~ When there is a change in classification or ~~upon meeting~~ when a service person meets the requirements of an advanced classification, ~~of or by any employee,~~ ~~the employee's~~ his or her salary shall be made to comply with the requirements of this article and to any county salary schedule in excess of the minimum requirements of this article, based upon the ~~employee's~~ service person's advanced classification and allowable years of employment.
(h) ~~An employee's~~ A service person's contract as provided in section five, article two of this chapter shall state the appropriate monthly salary the employee is to be paid, based on the class title as provided in this article and on any county salary schedule in excess of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and class titles, set forth in section eight-a of this article, are defined as follows:
(1) "Pay grade" means the monthly salary applicable to class titles of service personnel;
(2) "Years of employment" means the number of years which an employee classified as a service ~~personnel~~ person has been employed by a county board in any position prior to or subsequent to the effective date of this section and ~~including~~ includes service in the armed forces of the United States, if the employee ~~were~~ was employed at the time of his or her induction. For the purpose of section eight-a of this article, years of employment ~~shall be~~ is limited to the number of years shown and allowed under the state minimum pay scale as set forth in said section;
(3) "Class title" means the name of the position or job held by a service ~~personnel~~ person;
(4) "Accountant I" means ~~personnel~~ a person employed to maintain payroll records and reports and perform one or more operations relating to a phase of the total payroll;
(5) "Accountant II" means ~~personnel~~ a person employed to maintain accounting records and to be responsible for the accounting process associated with billing, budgets, purchasing and related operations;
(6) "Accountant III" means ~~personnel~~ a person ~~who are~~ employed in the county board office to manage and supervise accounts payable, ~~and/or~~ payroll procedures, or both;
(7) "Accounts payable supervisor" means ~~personnel who are~~ a person employed in the county board office who ~~have~~ has primary responsibility for the accounts payable function ~~which may include the supervision of other personnel,~~ and who ~~have~~ either has completed twelve college hours of accounting courses from an accredited institution of higher education or ~~have~~ has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
(8) "Aide I" means ~~those personnel~~ a person selected and trained for a teacher-aide ~~classifications~~ classification such as monitor aide, clerical aide, classroom aide or general aide;
(9) "Aide II" means ~~those personnel~~ a service person referred to in the "Aide I" classification who ~~have~~ has completed a training program approved by the State Board, or who ~~hold~~ holds a high school diploma or ~~have~~ has received a general educational development certificate. Only ~~personnel~~ a person classified in an Aide II class title may be employed as an aide in any special education program;
(10) "Aide III" means ~~those personnel~~ a service person referred to in the "Aide I" classification who ~~hold~~ holds a high school diploma or a general educational development certificate; and ~~have~~
(A) Has completed six semester hours of college credit at an institution of higher education; or ~~are~~
(B) Is employed as an aide in a special education program and ~~have~~ has one year's experience as an aide in special education;
(11) "Aide IV" means ~~personnel~~ a service person referred to in the "Aide I" classification who ~~hold~~ holds a high school diploma or a general educational development certificate; and ~~who have~~
(A) Has completed eighteen hours of state board-approved college credit at a regionally accredited institution of higher education; or ~~who have~~
(B) Has completed fifteen hours of state board-approved college credit at a regionally accredited institution of higher education; and has successfully completed an in-service training program determined by the state board to be the equivalent of three hours of college credit;
(12) "Audiovisual technician" means ~~personnel~~ a person employed to perform minor maintenance on audiovisual equipment, films and supplies ~~the filling of~~ and who fills requests for equipment;
(13) "Auditor" means ~~personnel~~ a person employed to examine and verify accounts of individual schools and to assist schools and school personnel in maintaining complete and accurate records of their accounts;
(14) "Autism mentor" means ~~personnel~~ a person who ~~work~~ works with autistic students and who ~~meet~~ meets standards and experience to be determined by the State Board. ~~Provided,~~ ~~That if any employee~~ A person who has held or holds an aide title and becomes employed as an autism mentor ~~the employee~~ shall hold a multiclassification status that includes both aide and autism mentor titles, in accordance with section eight-b of this article;
(15) "Braille or sign language specialist" means ~~personnel~~ a person employed to provide braille and/or sign language assistance to students. : ~~Provided,~~ ~~That if any employee~~ A service person who has held or holds an aide title and becomes employed as a braille or sign language specialist ~~the employee~~ shall hold a multiclassification status that includes both aide and braille or sign language specialist title, in accordance with section eight-b of this article;
(16) "Bus operator" means ~~personnel~~ a person employed to operate school buses and other school transportation vehicles as provided by the state board;
(17) "Buyer" means ~~personnel~~ a person employed to review and write specifications, negotiate purchase bids and recommend purchase agreements for materials and services that meet predetermined specifications at the lowest available costs;
(18) "Cabinetmaker" means ~~personnel~~ a person employed to construct cabinets, tables, bookcases and other furniture;
(19) "Cafeteria manager" means ~~personnel~~ a person employed to direct the operation of a food services program in a school, including assigning duties to employees, approving requisitions for supplies and repairs, keeping inventories, inspecting areas to maintain high standards of sanitation, preparing financial reports and keeping records pertinent to food services of a school;
(20) "Carpenter I" means ~~personnel~~ a person classified as a carpenter's helper;
(21) "Carpenter II" means ~~personnel~~ a person classified as a journeyman carpenter;
(22) "Chief mechanic" means ~~personnel~~ a person employed to be responsible for directing activities which ensure that student transportation or other county board-owned vehicles are properly and safely maintained;
(23) "Clerk I" means ~~personnel~~ a person employed to perform clerical tasks;
(24) "Clerk II" means ~~personnel~~ a person employed to perform general clerical tasks, prepare reports and tabulations and operate office machines;
(25) "Computer operator" means a qualified ~~personnel~~ person employed to operate computers;
(26) "Cook I" means ~~personnel~~ a person employed as a cook's helper;
(27) "Cook II" means ~~personnel~~ a person employed to interpret menus and to prepare and serve meals in a food service program of a school. ~~and shall include personnel~~ This definition includes a service person who ~~have~~ has been employed as a "Cook I" for a period of four years; ~~if the personnel have~~ ~~not been elevated to this classification within that period of time;~~
(28) "Cook III" means ~~personnel~~ a person employed to prepare and serve meals, make reports, prepare requisitions for supplies, order equipment and repairs for a food service program of a school system;
(29) "Crew leader" means ~~personnel~~ a person employed to organize the work for a crew of maintenance employees to carry out assigned projects;
(30) "Custodian I" means ~~personnel~~ a person employed to keep buildings clean and free of refuse;
(31) "Custodian II" means ~~personnel~~ a person employed as a watchman or groundsman;
(32) "Custodian III" means ~~personnel~~ a person employed to keep buildings clean and free of refuse, to operate the heating or cooling systems and to make minor repairs;
(33) "Custodian IV" means ~~personnel~~ a person employed as head custodians. In addition to providing services as defined in "custodian III", ~~their~~ duties may include supervising other custodian personnel;
(34) "Director or coordinator of services" means ~~personnel~~ an employee of a county board who ~~are~~ is assigned to direct a department or division.
(A) Nothing in this subdivision ~~may prohibit~~ prohibits a professional ~~personnel~~ person or a professional ~~educators as defined in section one, article one of this chapter~~ educator from holding this class title; ~~but~~
(B) Professional personnel holding this class title may not be defined or classified as service personnel unless the professional ~~personnel~~ person held a service personnel title under this section prior to holding the class title of "director or coordinator of services". ~~Directors or coordinators of service positions~~
(C) The director or coordinator of services shall be classified as either as a professional ~~personnel~~ person or a service ~~personnel position~~ person for state aid formula funding purposes; and
(D) Funding for ~~directors or coordinators~~ the position of director or coordinator of ~~service positions~~ ~~shall be~~ services is based upon the employment status of the director or coordinator either as a professional ~~personnel~~ person or a service ~~personnel~~ person;
(35) "Draftsman" means ~~personnel~~ a person employed to plan, design and produce detailed architectural/engineering drawings;
(36) "Electrician I" means ~~personnel~~ a person employed as an apprentice electrician helper or one who holds an electrician helper license issued by the state fire marshal;
(37) "Electrician II" means ~~personnel~~ a person employed as an electrician journeyman or one who holds a journeyman electrician license issued by the state fire marshal;
(38) "Electronic technician I" means ~~personnel~~ a person employed at the apprentice level to repair and maintain electronic equipment;
(39) "Electronic technician II" means ~~personnel~~ a person employed at the journeyman level to repair and maintain electronic equipment;
(40) "Executive secretary" means ~~personnel~~ a person employed as secretary to the county school ~~superintendent's secretary~~ superintendent or as a secretary who is assigned to a position characterized by significant administrative duties;
(41) "Food services supervisor" means a qualified ~~personnel~~ person who is not ~~defined as~~ a professional ~~personnel~~ person or professional ~~educators~~ educator as defined in section one, article one of this chapter. The food services supervisor is employed to manage and supervise a county school system's food service program. The duties ~~would~~ include preparing in-service training programs for cooks and food service employees, instructing personnel in the areas of quantity cooking with economy and efficiency and keeping aggregate records and reports;
(42) ~~"Foremen"~~ "Foreman" means a skilled ~~persons~~ person employed ~~for supervision of~~ to supervise personnel who work in the areas of repair and maintenance of school property and equipment;
(43) "General maintenance" means ~~personnel~~ a person employed as a ~~helpers~~ helper to skilled maintenance employees and to perform minor repairs to equipment and buildings of a county school system;
(44) "Glazier" means ~~personnel~~ a person employed to replace glass or other materials in windows and doors and to do minor carpentry tasks;
(45) "Graphic artist" means ~~personnel~~ a person employed to prepare graphic illustrations;
(46) ~~"Groundsmen"~~ "Groundsman" means ~~personnel~~ a person employed to perform duties that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may include the operation of a small heating plant and routine cleaning duties in buildings;
(47) "Handyman" means ~~personnel~~ a person employed to perform routine manual tasks in any operation of the county school system;
(48) "Heating and air conditioning mechanic I" means ~~personnel~~ a person employed at the apprentice level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(49) "Heating and air conditioning mechanic II" means ~~personnel~~ a person employed at the journeyman level to install, repair and maintain heating and air conditioning plants and related electrical equipment;
(50) "Heavy equipment operator" means ~~personnel~~ a person employed to operate heavy equipment;
(51) "Inventory supervisor" means ~~personnel who are~~ a person employed to supervise or maintain operations in the receipt, storage, inventory and issuance of materials and supplies;
(52) "Key punch operator" means a qualified ~~personnel~~ person employed to operate key punch machines or verifying machines;
(53) "Licensed practical nurse" means a nurse, licensed by the West Virginia Board of Examiners for Licensed Practical Nurses, employed to work in a public school under the supervision of a school nurse;
(54) "Locksmith" means ~~personnel~~ a person employed to repair and maintain locks and safes;
~~(54)~~ (55) "Lubrication man" means ~~personnel~~ a person employed to lubricate and service gasoline or diesel-powered equipment of a county school system;
~~(55)~~ (56) "Machinist" means ~~personnel~~ a person employed to perform machinist tasks which include the ability to operate a lathe, planer, shaper, threading machine and wheel press. ~~These personnel should~~ A person holding this class title also should have the ability to work from blueprints and drawings;
~~(56)~~ (57) "Mail clerk" means ~~personnel~~ a person employed to receive, sort, dispatch, deliver or otherwise handle letters, parcels and other mail;
~~(57)~~ (58) "Maintenance clerk" means ~~personnel~~ a person employed to maintain and control a stocking facility to keep adequate tools and supplies on hand for daily withdrawal for all school maintenance crafts;
~~(58)~~ (59) "Mason" means ~~personnel~~ a person employed to perform tasks connected with brick and block laying and carpentry tasks related to ~~such laying~~ these activities;
~~(59)~~ (60) "Mechanic" means ~~personnel~~ a person employed ~~who can independently~~ to perform skilled duties independently in the maintenance and repair of automobiles, school buses and other mechanical and mobile equipment to use in a county school system;
~~(60)~~ (61) "Mechanic assistant" means ~~personnel~~ a person employed as a mechanic apprentice and helper;
~~(61)~~ (62) "Multiclassification" means ~~personnel~~ a person employed to perform tasks that involve the combination of two or more class titles in this section. In these instances the minimum salary scale shall be the higher pay grade of the class titles involved;
~~(62)~~ (63) "Office equipment repairman I" means ~~personnel~~ a person employed as an office equipment repairman apprentice or helper;
~~(63)~~ (64) "Office equipment repairman II" means ~~personnel~~ a person responsible for servicing and repairing all office machines and equipment. ~~Personnel are~~ A person holding this class title is responsible for the purchase of parts ~~being purchased~~ necessary for the proper operation of a program of continuous maintenance and repair;
~~(64)~~ (65) "Painter" means ~~personnel~~ a person employed to perform duties of painting, finishing and decorating of wood, metal and concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
~~(65)~~ (66) "Paraprofessional" means a person certified pursuant to section two-a, article three of this chapter to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct or indirect supervision of ~~pupils~~ students under the direction of a principal, a teacher or another designated professional educator. : ~~Provided,~~ ~~That no~~
(A) A person employed on the effective date of this section in the position of an aide may not be ~~reduced~~ subject to a reduction in force or transferred to create a vacancy for the employment of a paraprofessional; ~~Provided,~~ ~~however,~~ ~~That~~
(B) ~~if any employee~~ A person who has held or holds an aide title and becomes employed as a paraprofessional ~~the employee~~ shall hold a multiclassification status that includes both aide and paraprofessional titles in accordance with section eight-b of this article; ~~Provided further, That~~ and
(C) ~~Once~~ ~~an employee~~ When a service person who holds an aide title becomes certified as a paraprofessional and is required to perform duties that may not be performed by an aide without paraprofessional certification, he or she shall receive the paraprofessional title pay grade;
~~(66)~~ (67) "Payroll supervisor" means ~~personnel who are~~ a person employed in the county board office who ~~have~~ has primary responsibility for the payroll function ~~which may include the supervision of other personnel,~~ and who ~~have~~ either has completed twelve college hours of accounting from an accredited institution of higher education or ~~have~~ has at least eight years of experience performing progressively difficult accounting tasks. Responsibilities of this class title may include supervision of other personnel;
~~(67)~~ (68) "Plumber I" means ~~personnel~~ a person employed as an apprentice plumber and helper;
~~(68)~~ (69) "Plumber II" means ~~personnel~~ a person employed as a journeyman plumber;
~~(69)~~ (70) "Printing operator" means ~~personnel~~ a person employed to operate duplication equipment, and ~~as required,~~ to cut, collate, staple, bind and shelve materials as required;
~~(70)~~ (71) "Printing supervisor" means ~~personnel~~ a person employed to supervise the operation of a print shop;
~~(71)~~ (72) "Programmer" means ~~personnel~~ a person employed to design and prepare programs for computer operation;
~~(72)~~ (73) "Roofing/sheet metal mechanic" means ~~personnel~~ a person employed to install, repair, fabricate and maintain roofs, gutters, flashing and duct work for heating and ventilation;
~~(73)~~ (74) "Sanitation plant operator" means ~~personnel~~ a person employed to operate and maintain a water or sewage treatment plant to ensure the safety of the plant's effluent for human consumption or environmental protection;
~~(74)~~ (75) "School bus supervisor" means a qualified ~~personnel~~ person employed to assist in selecting school bus operators and routing and scheduling of school buses, operate a bus when needed, relay instructions to bus operators, plan emergency routing of buses and ~~promoting~~ promote good relationships with parents, ~~pupils~~ students, bus operators and other employees;
~~(75)~~ (76) "Secretary I" means ~~personnel~~ a person employed to transcribe from notes or mechanical equipment, receive callers, perform clerical tasks, prepare reports and operate office machines;
~~(76)~~ (77) "Secretary II" means ~~personnel~~ a person employed in any elementary, secondary, kindergarten, nursery, special education, vocational or any other school as a secretary. The duties may include performing general clerical tasks; transcribing from notes, or stenotype, or mechanical equipment or a sound- producing machine; preparing reports; receiving callers and referring them to proper persons; operating office machines; keeping records and handling routine correspondence. ~~There is nothing implied~~ Nothing in this subdivision ~~that would prevent the employees~~ prevents a service person from holding or being elevated to a higher classification;
~~(77)~~ (78) "Secretary III" means ~~personnel~~ a person assigned to the county board office administrators in charge of various instructional, maintenance, transportation, food services, operations and health departments, federal programs or departments with particular responsibilities of in purchasing and financial control or any ~~personnel~~ person who ~~have~~ has served for eight years in a position which meets the definition of "secretary II" or "secretary III"; ~~in this section for eight years~~;
~~(78)~~ (79) "Supervisor of maintenance" means a skilled ~~personnel~~ person who is not ~~defined as~~ a professional ~~personnel~~ person or professional ~~educators~~ educator as defined in section one, article one of this chapter. The responsibilities ~~would~~ include directing the upkeep of buildings and shops, and issuing instructions to subordinates relating to cleaning, repairs and maintenance of all structures and mechanical and electrical equipment of a county board;
~~(79)~~ (80) "Supervisor of transportation" means a qualified ~~personnel~~ person employed to direct school transportation activities properly and safely, and to supervise the maintenance and repair of vehicles, buses and other mechanical and mobile equipment used by the county school system;
~~(80)~~ (81) "Switchboard operator-receptionist" means ~~personnel~~ a person employed to refer incoming calls, to assume contact with the public, to direct and to give instructions as necessary, to operate switchboard equipment and to provide clerical assistance;
~~(81)~~ (82) "Truck driver" means ~~personnel~~ a person employed to operate light or heavy duty gasoline and diesel-powered vehicles;
~~(82)~~ (83) "Warehouse clerk" means ~~personnel~~ a person employed to be responsible for receiving, storing, packing and shipping goods;
~~(83)~~ (84) "Watchman" means ~~personnel~~ a person employed to protect school property against damage or theft. Additional assignments may include operation of a small heating plant and routine cleaning duties;
~~(84)~~ (85) "Welder" means ~~personnel~~ a person employed to provide acetylene or electric welding services for a school system; and
~~(85)~~ (86) "WVEIS data entry and administrative clerk" means ~~personnel~~ a person employed to work under the direction of a school principal to assist the school counselor or counselors in the performance of administrative duties, to perform data entry tasks on the West Virginia Education Information System and to perform other administrative duties assigned by the principal.
(j) In Notwithstanding any provision in this code to the contrary, and in addition to the compensation provided for service personnel in section eight-a of this article, ~~for service personnel,~~ each service ~~employee~~ person is, ~~notwithstanding any provisions in this Code to the contrary,~~ entitled to all service personnel employee rights, privileges and benefits provided under this or any other chapter of this code without regard to the employee's hours of employment or the methods or sources of compensation.
(k) A service ~~personnel~~ person whose years of employment ~~exceed~~ exceeds the number of years shown and provided for under the state minimum pay scale set forth in section eight-a of this article may not be paid less than the amount shown for the maximum years of employment shown and provided for in the classification in which he or she is employed.
(l) ~~The~~ Each county ~~boards~~ board shall review each service ~~personnel employee~~ person's job classification annually and shall reclassify all service ~~employees~~ persons as required by the job classifications. The state superintendent ~~of schools~~ may withhold state funds appropriated pursuant to this article for salaries for service personnel who are improperly classified by the county boards. Further, the state superintendent shall order a county ~~boards~~ board to correct immediately any improper classification matter and, with the assistance of the Attorney General, shall take any legal action necessary against any county board to enforce the order.
(m) ~~No service employee without~~ Without his or her written consent, a service person may not be:
(1) Reclassified by class title; ~~nor may a service employee, without his or her written consent, be~~ or
(2) Relegated to any condition of employment which would result in a reduction of his or her salary, rate of pay, compensation or benefits earned during the current fiscal year; or ~~which would result in a reduction of his or her salary, rate of pay, compensation or benefits~~ for which he or she would qualify by continuing in the same job position and classification held during that fiscal year and subsequent years.
(n) Any county board failing to comply with the provisions of this article may be compelled to do so by mandamus and is liable to any party prevailing against the board for court costs and the prevailing party's reasonable attorney fee, as determined and established by the court.
(o) Notwithstanding any ~~provisions in~~ provision of this code to the contrary, a service ~~personnel~~ person who ~~hold~~ holds a continuing contract in a specific job classification and who ~~are~~ is physically unable to perform the job's duties as confirmed by a physician chosen by the employee, shall be given priority status over any employee not holding a continuing contract in filling other service personnel job vacancies if the service person is qualified as provided in section eight-e of this article.
(p) Any person employed in an aide position on the effective date of this section may not be transferred or subject to a reduction in force for the purpose of creating a vacancy for the employment of a licensed practical nurse.
(q) Without the written consent of the service person, a county board may not establish the beginning work station for a bus operator or transportation aide at any site other than a county board-owned facility with available parking. The workday of the bus operator or transportation aide commences at the bus at the designated beginning work station and ends when the employee is able to leave the bus at the designated beginning work station, unless he or she agrees otherwise in writing. The application or acceptance of a posted position may not be construed as the written consent referred to in this subsection.
18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the "state minimum pay scale pay grade" and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the "state minimum pay scale pay grade" set forth in this section.

STATE MINIMUM PAY SCALE PAY GRADE

Years
Exp . PAY GRADE

A B C D E F G H

0 1,507 1,528 1,569 1,621 1,673 1,735 1,766 1,838

1 1,539 1,560 1,601 1,653 1,705 1,767 1,798 1,870

2 1,571 1,592 1,633 1,685 1,737 1,799 1,830 1,902

3 1,603 1,624 1,665 1,717 1,769 1,831 1,862 1,934

4 1,635 1,656 1,697 1,749 1,801 1,863 1,894 1,967

5 1,667 1,688 1,729 1,781 1,833 1,895 1,926 1,999

6 1,699 1,720 1,762 1,813 1,865 1,927 1,958 2,031

7 1,732 1,752 1,794 1,845 1,897 1,959 1,990 2,063

8 1,764 1,784 1,826 1,877 1,929 1,991 2,022 2,095

9 1,796 1,816 1,858 1,910 1,961 2,023 2,054 2,127

10 1,828 1,849 1,890 1,942 1,993 2,056 2,087 2,159

11 1,860 1,881 1,922 1,974 2,025 2,088 2,119 2,191

12 1,892 1,913 1,954 2,006 2,058 2,120 2,151 2,223

13 1,924 1,945 1,986 2,038 2,090 2,152 2,183 2,255

14 1,956 1,977 2,018 2,070 2,122 2,184 2,215 2,287

15 1,988 2,009 2,050 2,102 2,154 2,216 2,247 2,319

16 2,020 2,041 2,082 2,134 2,186 2,248 2,279 2,352

17 2,052 2,073 2,115 2,166 2,218 2,280 2,311 2,384

18 2,084 2,105 2,147 2,198 2,250 2,312 2,343 2,416

19 2,117 2,137 2,179 2,230 2,282 2,344 2,375 2,448

20 2,149 2,169 2,211 2,263 2,314 2,376 2,407 2,480

21 2,181 2,201 2,243 2,295 2,346 2,408 2,439 2,512

22 2,213 2,234 2,275 2,327 2,378 2,441 2,472 2,544

23 2,245 2,266 2,307 2,359 2,411 2,473 2,504 2,576

24 2,277 2,298 2,339 2,391 2,443 2,505 2,536 2,608

25 2,309 2,330 2,371 2,423 2,475 2,537 2,568 2,640

26 2,341 2,362 2,403 2,455 2,507 2,569 2,600 2,672

27 2,373 2,394 2,435 2,487 2,539 2,601 2,632 2,704

28 2,405 2,426 2,467 2,519 2,571 2,633 2,664 2,737

29 2,437 2,458 2,500 2,551 2,603 2,665 2,696 2,769

30 2,470 2,490 2,532 2,583 2,635 2,697 2,728 2,801

31 2,502 2,522 2,564 2,615 2,667 2,729 2,760 2,833

32 2,534 2,554 2,596 2,648 2,699 2,761 2,792 2,865

33 2,566 2,586 2,628 2,680 2,731 2,793 2,825 2,897

34 2,598 2,619 2,660 2,712 2,763 2,826 2,857 2,929

35 2,630 2,651 2,692 2,744 2,796 2,858 2,889 2,961

36 2,662 2,683 2,724 2,776 2,828 2,890 2,921 2,993

37 2,694 2,715 2,756 2,808 2,860 2,922 2,953 3,025

38 2,726 2,747 2,788 2,840 2,892 2,954 2,985 3,057

39 2,758 2,779 2,820 2,872 2,924 2,986 3,017 3,089

40 2,790 2,811 2,852 2,904 2,956 3,018 3,049 3,122

CLASS TITLE
PAY GRADE

Accountant I .................................................. D
Accountant II ................................................. E
Accountant III ................................................ F
Accounts Payable Supervisor ................................... G
Aide I ........................................................ A
Aide II ....................................................... B
Aide III ...................................................... C
Aide IV ....................................................... D
Audiovisual Technician ........................................ C
Auditor ....................................................... G
Autism Mentor ................................................. F
Braille or Sign Language Specialist ........................... E
Bus Operator .................................................. D
Buyer ......................................................... F
Cabinetmaker .................................................. G
Cafeteria Manager ............................................. D
Carpenter I ................................................... E
Carpenter II .................................................. F
Chief Mechanic ................................................ G
Clerk I ....................................................... B
Clerk II....................................................... C
Computer Operator ............................................. E
Cook I ........................................................ A
Cook II ....................................................... B
Cook III ...................................................... C
Crew Leader ................................................... F
Custodian I ................................................... A
Custodian II .................................................. B
Custodian III ................................................. C
Custodian IV .................................................. D
Director or Coordinator of Services ........................... H
Draftsman ..................................................... D
Electrician I ................................................. F
Electrician II ................................................ G
Electronic Technician I ....................................... F
Electronic Technician II ...................................... G
Executive Secretary ........................................... G
Food Services Supervisor ...................................... G
Foreman ....................................................... G
General Maintenance ........................................... C
Glazier ....................................................... D
Graphic Artist ................................................ D
Groundsman .................................................... B
Handyman ...................................................... B
Heating and Air Conditioning Mechanic I ....................... E
Heating and Air Conditioning Mechanic II ...................... G
Heavy Equipment Operator ...................................... E
Inventory Supervisor.......................................... D
Key Punch Operator ............................................ B
Licensed Practical Nurse ...................................... F
Locksmith ..................................................... G
Lubrication Man ............................................... C
Machinist ..................................................... F
Mail Clerk .................................................... D
Maintenance Clerk ..............................................C
Mason ......................................................... G
Mechanic ...................................................... F
Mechanic Assistant ............................................ E
Office Equipment Repairman I .................................. F
Office Equipment Repairman II ................................. G
Painter ....................................................... E
Paraprofessional .............................................. F
Payroll Supervisor ............................................ G
Plumber I ..................................................... E
Plumber II .................................................... G
Printing Operator ............................................. B
Printing Supervisor ........................................... D
Programmer .................................................... H
Roofing/Sheet Metal Mechanic .................................. F
Sanitation Plant Operator ..................................... G
School Bus Supervisor ......................................... E
Secretary I ................................................... D
Secretary II .................................................. E
Secretary III ................................................. F
Supervisor of Maintenance ..................................... H
Supervisor of Transportation .................................. H
Switchboard Operator-Receptionist ............................. D
Truck Driver .................................................. D
Warehouse Clerk ............................................... C
Watchman ...................................................... B
Welder ........................................................ F
WVEIS Data Entry and Administrative Clerk ..................... B

(b) An additional twelve dollars per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(c) An additional eleven dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(3) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(4) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(6) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) An additional forty dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional eleven dollars per month shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus fifteen college hours;
(2) A service employee who holds a master's degree plus fifteen college hours;
(3) A service employee who holds a master's degree plus thirty college hours;
(4) A service employee who holds a master's degree plus forty-five college hours; and
(5) A service employee who holds a master's degree plus sixty college hours.
(f) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional ten dollars per month and one half of the pay shall be paid with local funds.
(g) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(h) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(i) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(j) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(k) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(l) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, "under the direct supervision of certificated professional personnel" means that certificated professional personnel is present, with and accompanying the aide.
The bill (Eng. Com. Sub. for H. B. No. 2777), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Caruth and Guills--2.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2777) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 2777) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2777--A Bill to amend and reenact §18A-4-2, §18A-4-2a, §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing for compensation generally; increasing annual salaries of public school teachers; increasing the annual salary bonus for classroom teachers with national board certification; creating new service personnel class title for compensation purposes; increasing monthly salaries of service personnel; providing and changing certain pay grades; technical amendments; and including provisions from other bills to prevent conflicts with other bills that include one or more of the same sections of code as this bill.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 2777) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 2940, Increasing the age of dependents for health insurance coverage.
With amendments from the Committee on Banking and Insurance pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; and as last amended by the Committee on Finance.
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. 3097, Relating to government employees deferred compensation plans.
And reports the same back with the recommendation that it do pass.
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. 3145, West Virginia Film Industry Investment Act.
And reports the same back with the recommendation that it do pass.
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. 3223, West Virginia Health Care Authority Revolving Loan and Grant Fund.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3272, Relating to total return unitrusts.
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. H. B. No. 3272) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
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, Thursday, March 8, 2007, at 11 a.m.
____________

STATE MINIMUM PAY SCALE PAY GRADE
Years Exp .	PAY GRADE
	A	B	C	D	E	F	G	H
0	1,507	1,528	1,569	1,621	1,673	1,735	1,766	1,838
1	1,539	1,560	1,601	1,653	1,705	1,767	1,798	1,870
2	1,571	1,592	1,633	1,685	1,737	1,799	1,830	1,902
3	1,603	1,624	1,665	1,717	1,769	1,831	1,862	1,934
4	1,635	1,656	1,697	1,749	1,801	1,863	1,894	1,967
5	1,667	1,688	1,729	1,781	1,833	1,895	1,926	1,999
6	1,699	1,720	1,762	1,813	1,865	1,927	1,958	2,031
7	1,732	1,752	1,794	1,845	1,897	1,959	1,990	2,063
8	1,764	1,784	1,826	1,877	1,929	1,991	2,022	2,095
9	1,796	1,816	1,858	1,910	1,961	2,023	2,054	2,127
10	1,828	1,849	1,890	1,942	1,993	2,056	2,087	2,159
11	1,860	1,881	1,922	1,974	2,025	2,088	2,119	2,191
12	1,892	1,913	1,954	2,006	2,058	2,120	2,151	2,223
13	1,924	1,945	1,986	2,038	2,090	2,152	2,183	2,255
14	1,956	1,977	2,018	2,070	2,122	2,184	2,215	2,287
15	1,988	2,009	2,050	2,102	2,154	2,216	2,247	2,319
16	2,020	2,041	2,082	2,134	2,186	2,248	2,279	2,352
17	2,052	2,073	2,115	2,166	2,218	2,280	2,311	2,384
18	2,084	2,105	2,147	2,198	2,250	2,312	2,343	2,416
19	2,117	2,137	2,179	2,230	2,282	2,344	2,375	2,448
20	2,149	2,169	2,211	2,263	2,314	2,376	2,407	2,480
21	2,181	2,201	2,243	2,295	2,346	2,408	2,439	2,512
22	2,213	2,234	2,275	2,327	2,378	2,441	2,472	2,544
23	2,245	2,266	2,307	2,359	2,411	2,473	2,504	2,576
24	2,277	2,298	2,339	2,391	2,443	2,505	2,536	2,608
25	2,309	2,330	2,371	2,423	2,475	2,537	2,568	2,640
26	2,341	2,362	2,403	2,455	2,507	2,569	2,600	2,672
27	2,373	2,394	2,435	2,487	2,539	2,601	2,632	2,704
28	2,405	2,426	2,467	2,519	2,571	2,633	2,664	2,737
29	2,437	2,458	2,500	2,551	2,603	2,665	2,696	2,769
30	2,470	2,490	2,532	2,583	2,635	2,697	2,728	2,801
31	2,502	2,522	2,564	2,615	2,667	2,729	2,760	2,833
32	2,534	2,554	2,596	2,648	2,699	2,761	2,792	2,865
33	2,566	2,586	2,628	2,680	2,731	2,793	2,825	2,897
34	2,598	2,619	2,660	2,712	2,763	2,826	2,857	2,929
35	2,630	2,651	2,692	2,744	2,796	2,858	2,889	2,961
36	2,662	2,683	2,724	2,776	2,828	2,890	2,921	2,993
37	2,694	2,715	2,756	2,808	2,860	2,922	2,953	3,025
38	2,726	2,747	2,788	2,840	2,892	2,954	2,985	3,057
39	2,758	2,779	2,820	2,872	2,924	2,986	3,017	3,089
40	2,790	2,811	2,852	2,904	2,956	3,018	3,049	3,122