WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTY-NINTH DAY
____________
Charleston, W. Va., Friday, March 9, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Taj Rohr of Walker, West Virginia, and a student at
Parkersburg High School, Parkersburg, West Virginia, proceeded in
the singing of "The Best Hallelujah in the House" and "It Is Well
With My Soul".
Pending the reading of the Journal of Thursday, March 8, 2007,
On motion of Senator Caruth, 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 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 Com. Sub. for Senate Bill No. 67, Relating to school access safety generally.
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 clause and
inserting in lieu thereof the following:
That §18-9D-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18-9D-15
of said code be amended
and reenacted; and that said code be further amended by adding
thereto a new article, designated §18-9F-1, §18-9F-2, §18-9F-3,
§18-9F-4, §18-9F-5, §18-9F-6, §18-9F-7 and §18-9F-8, all to read as
follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-2. Definitions.
The following terms, wherever used or referred to in this
article, have the following meanings For the purposes of this
article, unless a different meaning clearly appears from the
context:
(1) "Authority" means the School Building Authority of West
Virginia; or, if the authority is abolished, any board or officer
succeeding to the principal functions of the School Building
Authority or to whom the powers given to the authority are given by
law
(2) "Bonds" means bonds issued by the authority pursuant to
this article;
(3) "Construction project" means a project in the furtherance
of a facilities plan with a cost of the project greater than five
hundred thousand dollars for the new construction, expansion or
major renovation of facilities, buildings and structures for school
purposes, including:
(A) The acquisition of land for current or future use in
connection with the construction project; as well as
(B) New or substantial upgrading of existing equipment,
machinery, furnishings;
(C) Installation of utilities and other similar items
convenient in connection with placing related to making the
construction project into operation: Provided, That a operational.
(D) Construction project may does not include such items as
books, computers or equipment used for instructional purposes;
fuel; supplies; routine utility services fees; routine maintenance
costs; ordinary course of business improvements; and other items
which are customarily considered to result in a current or ordinary
course of business operating charge; Provided, however, That a
construction project may not include or a major improvement
project;
(4) "Cost of project" means the cost of construction,
expansion, renovation, repair and safety upgrading of facilities, buildings and structures for school purposes; the cost of land,
equipment, machinery, furnishings, installation of utilities and
other similar items convenient in connection with placing the
project into operation related to making the project operational;
and the cost of financing, interest during construction,
professional service fees and all other charges or expenses
necessary, appurtenant or incidental to the foregoing, including
the cost of administration of this article;
(5) "Facilities plan" means a the ten-year countywide
comprehensive educational facilities plan established by the a
county board in accordance with guidelines adopted by the authority
to meet the goals and objectives of this article that: (i)
(A) Addresses the existing school facilities and facility
needs of the county to provide a thorough and efficient education
in accordance with the provisions of this code and policies of the
State Board; (ii)
(B) Best serves the needs of the individual student students,
the general school population and the communities served by the
facilities; (iii)
(C) Includes a the school major improvement plan; as defined
in this section; (iv)
(D) Includes the county board's school access safety plan
required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects completed, current enrollment projections and new or continuing needs; and (v)
(F) Is approved by the State Board and the authority prior to
the distribution of state funds pursuant to this article to any
county board or other entity applying for funds;
(6) "Project" means a construction project or a major
improvement project;
(7) "Region" means the area encompassed within and serviced by
a Regional Educational Service Agency established pursuant to
section twenty-six, article two of this chapter;
(8) "Revenue" or "revenues" means moneys:
(A) Deposited in the School Building Capital Improvements Fund
pursuant to the operation of section ten, article nine-a of this
chapter; moneys
(B) Deposited in the School Construction Fund pursuant to the
operation of section thirty, article fifteen, chapter eleven of
this code, and pursuant to the operation of section eighteen,
article twenty-two, chapter twenty-nine of this code; moneys
(C) Deposited in the School Building Debt Service Fund
pursuant to section eighteen, article twenty-two, chapter
twenty-nine of this code; moneys
(D) Deposited in the School Major Improvement Fund pursuant to
the operation of section thirty, article fifteen, chapter eleven of
this code; any moneys
(E) Received, directly or indirectly, from any source for use in any project completed pursuant to this article; and any other
moneys
(F) Received by the authority for the purposes of this
article;
(9) "School major improvement plan" means a ten-year school
maintenance plan that: (I)
(A) Is prepared by a county board of education in accordance
with the guidelines established by the authority and incorporated
in its Countywide Comprehensive Educational Facilities Plan, or is
prepared by the State Board of education or the administrative
council of an area vocational educational center in accordance with
the guidelines if the entities seek funding from the authority for
a major improvement project; (ii)
(B) Addresses the regularly scheduled maintenance for all
school facilities of the county or under the jurisdiction of the
entity seeking funding; (iii)
(C) Includes a projected repair and replacement schedule for
all school facilities of the county or of entity seeking funding;
(iv)
(D) Addresses the major improvement needs of each school
within the county or under the jurisdiction of the entity seeking
funding; and (v)
(E) Is required prior to the distribution of state funds for
a major improvement project pursuant to this article to the county board, State Board or administrative council; and
(10) "School major improvement project" means a project with
a cost greater than fifty thousand dollars and less than five
hundred thousand dollars for the renovation, expansion, repair and
safety upgrading of existing school facilities, buildings and
structures, including the substantial repair or upgrading of
equipment, machinery, building systems, utilities and other similar
items convenient in connection with such related to the renovation,
repair or upgrading in the furtherance of a school major
improvement plan. Provided, That A major improvement project may
does not include such items as books, computers or equipment used
for instructional purposes; fuel; supplies; routine utility
services fees; routine maintenance costs; ordinary course of
business improvements; and or other items which are customarily
considered to result in a current or ordinary course of business
operating charge.
§18-9D-15. Legislative intent; allocation of money among
categories of projects; lease purchase options;
limitation on time period for expenditure of
project allocation; county maintenance budget
requirements; project disbursements over period of
years; preference for multicounty arrangements;
submission of project designs; set-aside to
encourage local participation.
(a) It is the intent of the Legislature to empower the School
Building Authority to facilitate and provide state funds and to
administer all federal funds provided for the construction and
major improvement of school facilities so as to meet the
educational needs of the people of this state in an efficient and
economical manner. The authority shall make funding determinations
in accordance with the provisions of this article and shall assess
existing school facilities and each facility's school major
improvement plan in relation to the needs of the individual
student, the general school population, the communities served by
the facilities and facility needs statewide.
(b) An amount that is no not more than three percent of the
sum of moneys that are determined by the authority to be available
for distribution during the then current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements
Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the
School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to
section six of this article; and
(4) Any other moneys received by the authority, except moneys
paid into the School Major Improvement Fund pursuant to section six
of this article and moneys deposited into the School Access Safety
Fund pursuant to section five, article nine-f of this chapter, may be allocated and may be expended by the authority for projects
authorized in accordance with the provisions of section sixteen of
this article that service the educational community statewide or,
upon application by the State Board, for educational programs that
are under the jurisdiction of the State Board. In addition, upon
application by the State Board or the administrative council of an
area vocational educational center established pursuant to article
two-b of this chapter, the authority may allocate and expend under
this subsection moneys for school major improvement projects
authorized in accordance with the provisions of section sixteen of
this article proposed by the State Board or an administrative
council for school facilities under the direct supervision of the
State Board or an administrative council, respectively.
Furthermore, upon application by a county board, the authority may
allocate and expend under this subsection moneys for school major
improvement projects for vocational programs at comprehensive high
schools, vocational schools cooperating with community and
technical college programs, or both. Each county board is
encouraged to cooperate with community and technical colleges in
the use of existing or development of new vocational technical
facilities. All projects eligible for funds from this subsection
shall be submitted directly to the authority which shall be solely
responsible for the project's evaluation, subject to the following:
(A) Provided, That The authority may not expend any moneys for a school major improvement project proposed by the State Board or
the administrative council of an area vocational educational center
unless the State Board or an administrative council has submitted
a ten-year facilities plan; and
(B) Provided, however, That The authority shall, before
allocating any moneys to the State Board or the administrative
council of an area vocational educational center for a school
improvement project, consider all other funding sources available
for the project.
(c) An amount that is no not more than two percent of the
moneys that are determined by the authority to be available for
distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements
Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the
School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to
section six of this article; and
(4) Any other moneys received by the authority, except moneys
deposited into the School Major Improvement Fund and moneys
deposited into the School Access Safety Fund pursuant to section
five, article nine-f of this chapter, shall be set aside by the
authority as an emergency fund to be distributed in accordance with
the guidelines adopted by the authority.
(d) An amount that is no not more
than five percent of the
moneys that are determined by the authority to be available for
distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements
fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the
School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to
section six of this article; and
(4) Any other moneys received by the authority, except moneys
deposited into the School Major Improvement Fund and moneys
deposited into the School Access Safety Fund pursuant to section
five, article nine-f of this chapter, may be reserved by the
authority for multiuse vocational-technical education facilities
projects that may include post-secondary programs as a first
priority use. The authority may allocate and expend under this
subsection moneys for any purposes authorized in this article on
multiuse vocational-technical education facilities projects,
including equipment and equipment updates at the facilities,
authorized in accordance with the provisions of section sixteen of
this article. If the projects approved under this subsection do
not require the full amount of moneys reserved, moneys above the
amount required may be allocated and expended in accordance with
other provisions of this article. A county board, the State Board, an administrative council or the joint administrative board of a
vocational-technical education facility which includes post-
secondary programs may propose projects for facilities or
equipment, or both, which are under the direct supervision of the
respective body: Provided, That the authority shall, before
allocating any moneys for a project under this subsection, consider
all other funding sources available for the project.
(e) The remaining moneys determined by the authority to be
available for distribution during the then current fiscal year
from:
(1) Moneys paid into the School Building Capital Improvements
Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the
School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to
section six of this article; and
(4) Any other moneys received by the authority, except moneys
deposited into the School Major Improvement Fund and moneys
deposited into the School Access Safety Fund pursuant to section
five, article nine-f of this chapter, shall be allocated and
expended on the basis of need and efficient use of resources for
projects funded in accordance with the provisions of section
sixteen of this article.
(f) If a county board of education proposes to finance a project that is authorized in accordance with section sixteen of
this article through a lease with an option to purchase leased
premises upon the expiration of the total lease period pursuant to
an investment contract, the authority may not allocate no moneys to
the county board in connection with the project: Provided, That
the authority may transfer moneys to the State Board of Education
which, with the authority, shall lend the amount transferred to the
county board to be used only for a one-time payment due at the
beginning of the lease term, made for the purpose of reducing
annual lease payments under the investment contract, subject to the
following conditions:
(1) The loan shall be secured in the manner required by the
authority, in consultation with the State Board, and shall be
repaid in a period and bear interest at a rate as determined by the
State Board and the authority and shall have any terms and
conditions that are required by the authority, all of which shall
be set forth in a loan agreement among the authority, the State
Board and the county board;
(2) The loan agreement shall provide for the State Board and
the authority to defer the payment of principal and interest upon
any loan made to the county board during the term of the investment
contract, and annual renewals of the investment contract, among the
State Board, the authority, the county board and a lessor, subject
to the following:
(A) Provided, That In the event a county board which has
received a loan from the authority for a one-time payment at the
beginning of the lease term does not renew the subject lease
annually until performance of the investment contract in its
entirety is completed, the county board is in default and the
principal of the loan, together with all unpaid interest accrued to
the date of the default, shall, at the option of the authority, in
consultation with the State Board, become due and payable
immediately or subject to renegotiation among the State Board, the
authority and the county board;
(B) Provided, however, That If a county board renews the lease
annually through the performance of the investment contract in its
entirety, the county board shall exercise its option to purchase
the leased premises;
(C) Provided further, That The failure of the county board to
make a scheduled payment pursuant to the investment contract
constitutes an event of default under the loan agreement;
(D) And provided further, That Upon a default by a county
board, the principal of the loan, together with all unpaid interest
accrued to the date of the default, shall, at the option of the
authority, in consultation with the State Board, become due and
payable immediately or subject to renegotiation among the State
Board, the authority and the county board; and
(E) And provided further, That If the loan becomes due and payable immediately, the authority, in consultation with the State
Board, shall use all means available under the loan agreement and
law to collect the outstanding principal balance of the loan,
together with all unpaid interest accrued to the date of payment of
the outstanding principal balance; and
(3) The loan agreement shall provide for the State Board and
the authority to forgive all principal and interest of the loan
upon the county board purchasing the leased premises pursuant to
the investment contract and performance of the investment contract
in its entirety.
(g) To encourage county boards to proceed promptly with
facilities planning and to prepare for the expenditure of any state
moneys derived from the sources described in this section, any
county board or other entity to whom moneys are allocated by the
authority that fails to expend the money within three years of the
allocation shall forfeit the allocation and thereafter is
ineligible for further allocations pursuant to this section until
it is ready to expend funds in accordance with an approved
facilities plan: Provided, That the authority may authorize an
extension beyond the three-year forfeiture period not to exceed an
additional two years. Any amount forfeited shall be added to the
total funds available in the school construction fund of the
authority for future allocation and distribution. Funds may not be
distributed for any project under this article unless the responsible entity has a facilities plan approved by the State
Board and the School Building Authority and is prepared to commence
expenditure of the funds during the fiscal year in which the moneys
are distributed.
(h) The remaining moneys that are determined by the authority
to be available for distribution during the then current fiscal
year from moneys paid into the School Major Improvement Fund
pursuant to section six of this article shall be allocated and
distributed on the basis of need and efficient use of resources for
projects authorized in accordance with the provisions of section
sixteen of this article, subject to the following:
(1) Provided, That The moneys may not be distributed for any
project under this section unless the responsible entity has a
facilities plan approved by the State Board and the authority and
is to commence expenditures of the funds during the fiscal year in
which the moneys are distributed;
(2) Provided, however, That Any moneys allocated to a project
and not distributed for that project shall be deposited in an
account to the credit of the project, the principal amount to
remain to the credit of and available to the project for a period
of two years; and
(3) Any moneys which are unexpended after a two-year period
shall be redistributed on the basis of need from the school major
improvement fund in that fiscal year.
(i) No Local matching funds may not be required under the
provisions of this section. However, this article does not negate
the responsibilities of the county boards of education to maintain
school facilities. are not negated by the provisions of this
article To be eligible to receive an allocation of school major
improvement funds from the authority, a county board must have
expended in the previous fiscal year an amount of county moneys
equal to or exceeding the lowest average amount of money included
in the county board's maintenance budget over any three of the
previous five years and must have budgeted an amount equal to or
greater than the average in the current fiscal year: Provided,
That the State Board shall promulgate rules relating to county
boards' maintenance budgets, including items which shall be
included in the budgets.
(j) Any county board may use moneys provided by the authority
under this article in conjunction with local funds derived from
bonding, special levy or other sources. Distribution to a county
board, or to the State Board or the administrative council of an
area vocational educational center pursuant to subsection (b) of
this section, may be in a lump sum or in accordance with a schedule
of payments adopted by the authority pursuant to guidelines adopted
by the authority.
(k) Funds in the School Construction Fund shall first be
transferred and expended as follows:
(1) Any funds deposited in the School Construction Fund shall
be expended first in accordance with an appropriation by the
Legislature.
(2) To the extent that funds are available in the School
Construction Fund in excess of that amount appropriated in any
fiscal year, the excess funds may be expended for projects
authorized in accordance with the provisions of section sixteen of
this article. Any projects which the authority identified and
announced for funding on or before the first day of August, one
thousand nine hundred ninety-five, or identified and announced for
funding on or before the thirty-first day of December, one thousand
nine hundred ninety-five, shall be funded by the authority in an
amount which is not less than the amount specified when the project
was identified and announced.
(l) It is the intent of the Legislature to encourage county
boards to explore and consider arrangements with other counties
that may facilitate the highest and best use of all available
funds, which may result in improved transportation arrangements for
students or which otherwise may create efficiencies for county
boards and the students. In order to address the intent of the
Legislature contained in this subsection, the authority shall grant
preference to those projects which involve multicounty arrangements
as the authority shall determine reasonable and proper.
(m) County boards shall submit all designs for construction of new school buildings to the School Building Authority for review
and approval prior to preparation of final bid documents.
Provided, That A vendor who has been debarred pursuant to the
provisions of sections thirty-three-a through thirty-three-f,
inclusive, article three, chapter five-a of this code may not bid
on or be awarded a contract under this section.
(n) The authority may elect to disburse funds for approved
construction projects over a period of more than one year subject
to the following:
(1) The authority may not approve the funding of a school
construction project over a period of more than three years;
(2) The authority may not approve the use of more than fifty
percent of the revenue available for distribution in any given
fiscal year for projects that are to be funded over a period of
more than one year; and
(3) In order to encourage local participation in funding
school construction projects, the authority may set aside limited
funding, not to exceed five hundred thousand dollars, in reserve
for one additional year to provide a county the opportunity to
complete financial planning for a project prior to the allocation
of construction funds. Any funding shall be on a reserve basis and
converted to a part of the construction grant only after all
project budget funds have been secured and all county commitments
have been fulfilled. Failure of the county to solidify the project budget and meet its obligations to the state within eighteen months
of the date the funding is set aside by the authority will result
in expiration of the reserve and the funds shall be reallocated by
the authority in the succeeding funding cycle.
ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.
§18-9F-1. Legislative findings and intent.
(a) The Legislature finds that:
(1) Establishing and maintaining safe and secure schools is
critical to fostering a healthy learning environment and maximizing
student achievement;
(2) All school facilities in the state should be designed,
constructed, furnished and maintained in a manner that enhances a
healthy learning environment and provides necessary safeguards for
the health, safety and security of persons who enter and use the
facilities;
(3) Adequate safeguards for the ingress to and egress from
school facilities of pupils, school employees, parents, visitors
and emergency personnel are critical to the overall safety of the
public schools in this state;
(4) Safety upgrades to the means of ingress to and egress from
school facilities for pupils, school employees, parents, visitors
and emergency personnel must be part of a comprehensive analysis of
overall school safety issues that takes into consideration the
input of local law-enforcement agencies, local emergency services agencies, community leaders, parents, pupils, teachers,
administrators and other school employees interested in the
prevention of school crime and violence.
(b) It is the intent of the Legislature to empower the School
Building Authority to facilitate and provide state funds for the
design, construction, renovation, repair and upgrading of
facilities so as to enhance school access safety and provide secure
ingress to and egress from school facilities to pupils, school
employees, parents, visitors and emergency personnel.
§18-9F-2. Definitions.
As used in this article, these terms have the meanings
ascribed unless the context clearly indicates a different meaning:
(1) "Authority" means the School Building Authority of West
Virginia;
(2) "Department of Education" means the West Virginia
Department of Education
;
(3) "New school building" means any public school in the state
for educating students in any of grades kindergarten through
twelve, for which design and construction begin after the first day
of July, two thousand seven;
(4) "Project cost" means the cost of:
(A) Evaluating a school facility to ascertain its safety
needs;
(B) Determining appropriate measures to address safety needs;
(C) Developing a safety plan;
(D) Administering a safety project;
(E) The design, construction, renovation, repair and safety
upgrading of a school's means of ingress and egress;
(F) Equipment, machinery, installation of utilities and other
similar items necessary to making the project operational;
(G) Effectively maintaining structural and equipment
investments made pursuant to this article, including but not
limited to such provisions as maintenance contracts on security
equipment and video surveillance services; and
(H) All other charges necessary, appurtenant or incidental to
the provisions of this subdivision, including the cost of
administering this article;
(5) "School Access Safety Fund
" means the special account
established in section five of this article;
(6) "School access safety plan" or "safety plan" means the
comprehensive county-wide school access safety plan that:
(A) Is prepared by each county board seeking funding under
this article and incorporated into its comprehensive educational
facilities plan in accordance with guidelines established by the
authority;
(B) Addresses the access safety needs for all school
facilities in the county;
(C) Includes a projected school access safety repair and renovation schedule for all school facilities of the county; and
(D) Is required prior to the disbursement of state funds for
a school access safety project pursuant to this article; and
(7) "School access safety project" or "safety project" means
a project administered in furtherance of a school access safety
plan pursuant to the provisions of this article.
§18-9F-3. School access safety plan.
(a) To facilitate the goals of this article and to ensure the
prudent and resourceful expenditure of state funds, each county
board seeking funds for school access safety projects during a
fiscal year shall submit to the authority a school access safety
plan or annual plan update that addresses the school access safety
needs of each school facility in the county. In developing its
plan, the county board shall consult with the Countywide Council on
Productive and Safe Schools, in accordance with the provisions of
this section and section forty-two, article five of this chapter.
(b) The safety plan shall include at least the following:
(1) A countywide inventory of each school facility's means of
ingress to and egress from the school for students, school
employees, parents, visitors and emergency personnel including, but
not limited to:
(A) The number of controlled points of ingress to the school
facility;
(B) The number and placement of exterior doors;
(C) The use of monitoring systems on exterior doors;
(D) The use of timed, magnetic or other locks on exterior
doors;
(E) The use of two-way communication systems between points of
ingress and school personnel;
(F) The use of functional panic or other alarm hardware on
exterior doors; and
(G) The use of remote visitor access systems on points of
ingress;
(2) The recommendations and guidelines developed by the
County-wide Council on Productive and Safe Schools pursuant to
section forty-two, article five of this chapter, together with the
county board's assessment of the recommendations and guidelines;
(3) Recommendations for effective communication and
coordination between school facilities, local law-enforcement
agencies and local emergency services agencies in the county;
(4) An assessment of the current status of crime committed on
school campuses and at school-related functions;
(5) A projected school access safety repair and renovation
schedule for all school facilities in the county;
(6) A prioritized list of all projects contained in the plan,
including the projected cost of each project.
(7) A description of how:
(A) The plan addresses the goals of this article and guidelines established by the authority;
(B) Each project furthers the county board's safety plan,
facilities plan and school major improvement plan;
(8) Notation of the funds available for allocation and
disbursement to the county board pursuant to section six of this
article;
(9) A description of any source of local funds or in kind
support that the county board intends to contribute to the safety
projects, or an approved financial hardship waiver, to satisfy the
local contribution requirements of section six of this article; and
(10) Any other element considered appropriate by the authority
or required by the guidelines established pursuant to section three
of this article, including any project and maintenance
specification.
§18-9F-4. Guidelines and procedures for school access safety
plans; project evaluation; on-site inspection of
facilities.
(a) By the first day of June, two thousand seven, the
authority shall establish and distribute to each county board
guidelines and procedures regarding school access safety plans and
school access safety projects, which shall address at least the
following:
(1) All of the necessary elements of the school access safety
plan required in accordance with the provisions of section three of this article;
(2) The manner, time line and process for submission to the
authority of each safety plan and annual plan update, including
guidelines for modification of an approved safety plan;
(3) Any project and maintenance specifications considered
appropriate by the authority;
(4) Procedures for a county board to submit a preliminary
plan, plan outline or plan proposal to the authority prior to
submitting the safety plan. The preliminary plan, plan outline or
plan proposal shall be the basis for a consultation meeting between
representatives of the county board and the authority. The meeting
shall be held as soon as practicable following submission in order
to:
(A) Ensure understanding of the goals of this article;
(B) Discuss ways the plan may be structured to meet the goals
of this article; and
(C) Ensure efficiency and productivity in the approval
process; and
(5) Procedures for notifying county boards of the funds
available for allocation and disbursement during each fiscal year
pursuant to section six of this article.
(b) By the first day of June, two thousand seven, the
authority shall establish and distribute to each county board
guidelines and procedures for evaluating safety plans and safety projects that address at least the following:
(1) Whether the proposed safety project furthers the safety
plan and complies with the guidelines established by the authority;
(2) How the safety plan and safety project will ensure the
prudent and resourceful expenditure of state funds and achieve the
purposes of this article;
(3) Whether the safety plan and safety project advance student
health and safety needs, including, but not limited to, critical
health and safety needs;
(4) Whether the safety plan and safety project include
regularly scheduled preventive maintenance; and
(5) Consideration of the prioritized list of projects
required
by section three of this article
.
(c) The authority shall establish guidelines and procedures
for allocating and disbursing funds in accordance with section six
of this article, subject to the availability of funds.
(d) Each county board receiving funds pursuant to this article
annually shall conduct an on-site inspection and submit an audit
review to the State Board. The inspection shall be conducted in
accordance with the provisions of the Department of Education's
Handbook on Planning School Facilities.
§18-9F-5. School access safety fund.
(a) There is hereby established in the State Treasury a
special account designated the School Access Safety Fund.
(b) All funds accruing to the authority pursuant to the
provisions of this article shall be deposited into the fund and
expended in accordance with provisions of this article.
(c) Any funds remaining in the account at the end of a fiscal
year, including accrued interest, do not revert to the General
Revenue Fund, but remain in the account.
(d) The authority may transfer moneys from the fund to
custodial accounts maintained by the authority with a state
financial institution, as necessary to the performance of any
contracts executed by the authority in accordance with the
provisions of this article.
§18-9F-6. Allocation of funds; eligibility for funding.
(a) On or before the first day of May of each year, the
authority shall determine the amount of funds available in the
School Access Safety Fund for allocation and disbursement during
that fiscal year.
(b) The authority shall divide the amount of funds available
pursuant to subsection (a) of this section, by the total net
enrollment in public schools for the state as a whole. That
quotient is the per pupil amount. The authority shall allocate to
each county board the per pupil amount of funds for each student in
net enrollment of that county, as defined in section two, article
nine-a of this chapter.
(c) The authority shall notify in writing each county board of education the amount of funds available to that board as soon as
practicable upon determining that amount pursuant to subsection (b)
of this section.
(d) Except as provided in subdivision (3) of this subsection,
to be eligible to receive a disbursement of funds pursuant to this
article, a county board shall contribute in kind support or local
funds derived from bonding, special levy or other identified
sources to the school access safety projects contained in the
county board's school access safety plan.
(1) The amount of a county board's contribution shall equal at
least fifteen percent of the funds available to the county board
pursuant to subsection (b) of this section.
(2) In kind support includes:
(A) Project costs borne by the county board;
(B) Services performed by a school employee for a safety plan
or safety project;
(C) Costs of adequately maintaining safety equipment and
investments; and
(D) Other costs, expenses or means of support as determined by
the authority.
(3) A county board may submit a financial hardship waiver
request to the State Board for consideration regarding the county
board's inability to provide the contribution required by this
subsection. Upon review and approval of the request by the State Board, the authority shall waive the contribution requirement for
that county board and allocate and disburse funds pursuant to this
article.
(e) The authority may disburse funds pursuant to this section
only to a county board that:
(1) Has a safety plan that has been approved by the authority;
and
(2) Is prepared to commence expending the funds during the
fiscal year in which the funds are disbursed.
(f) The authority may disburse funds to a county board in a
lump sum or according to a schedule of payments adopted by the
authority that is consistent with its guidelines.
(g) To encourage county boards to proceed promptly with school
access safety planning and to prepare for the expenditure of funds
derived pursuant to this article, a county board forfeits any funds
that it fails to expend within one year of disbursement by the
authority. The county board is ineligible for any additional
allocation or disbursement pursuant to this article until it is
prepared to expend funds according to an approved school access
safety plan.
(1) The authority may authorize an extension beyond the one-
year forfeiture period not to exceed an additional six months.
(2) Any forfeited funds shall be returned to the School Access
Safety Fund and made available for future allocation and disbursement.
§18-9F-7. School access safety requirements for new schools.
(a) Notwithstanding any other provision of this code to the
contrary, and in an effort to enhance school access safety, the
design and construction of all new school buildings shall comply
with the school access safety standards established by the
authority. The State Board shall incorporate the standards for
school access safety in public school buildings developed by the
authority into the requirements for new school design and
construction contained in the high quality education standards and
efficiency standards for facilities established by the State Board
pursuant to section five, article two-e of this chapter.
(b) The authority shall propose a rule for legislative
approval in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code that establish standards for
school access safety in public school buildings. The rule shall
require that county boards submit all new school designs to the
authority for review and approval for compliance with this section
prior to preparing final bid documents.
§18-9F-8. Report.
The authority shall report to the Legislative Oversight
Commission on Education Accountability during the June and
September, two thousand seven, and January, two thousand eight,
interim meeting periods, regarding implementation of the provisions of this article.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the bill (Eng. Com. Sub. for Com.
Sub. for S. B. No. 67) 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 amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 319, Authorizing
miscellaneous boards and agencies promulgate legislative rules.
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 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of Agriculture.
(a) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand six, authorized under the authority of section two, article nine, chapter nineteen of this
code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifteenth day of September,
two thousand six, relating to the Commissioner of Agriculture
(animal disease control, 61 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the
twentieth day of July, two thousand six, authorized under the
authority of section eight, article fifteen-a, chapter nineteen of
this code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifteenth day of September,
two thousand six, relating to the Commissioner of Agriculture (West
Virginia Agricultural Liming Materials Law, 61 CSR 6A) is
authorized with the following amendments:
On page three, subsection 6.2., after the word "commissioner",
by striking out the word "shall" and inserting in lieu thereof the
word "may";
And,
On page three, subsection 8.1., by striking out "8.1.a.".
(c) The legislative rule filed in the State Register on the
twentieth day of July, two thousand six, authorized under the
authority of section three, article twelve, chapter nineteen of
this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fourth day of October,
two thousand six, relating to the Commissioner of Agriculture (West
Virginia Plant Pest Control Act, 61 CSR 14) is authorized.
(d) The legislative rule filed in the State Register on the
twentieth day of July, two thousand six, authorized under the
authority of section four, article twelve-d, chapter nineteen of
this code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifteenth day of September,
two thousand six, relating to the Commissioner of Agriculture
(noxious weeds, 61 CSR 14A) is authorized.
§64-9-2. Board of Architects.
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand six, authorized under the
authority of section one, article twelve, chapter thirty of this
code, modified by the Board of Architects to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the eighteenth day of September, two thousand
six, relating to the Board of Architects (registration of
architects, 2 CSR 1) is authorized with the following amendment:
On page nine, subsection 8.8., line six, after the words
"regardless of age.", by striking out the remainder of the
subsection.
§64-9-3. State Auditor.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section ten-c, article three, chapter twelve of this
code, relating to the State Auditor (transaction fee and rate
structure, 155 CSR 4) is authorized.
§64-9-4. State Conservation Agency.
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 twenty-one-a, chapter nineteen
of this code, modified by the State Conservation Agency to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventeenth day of November,
two thousand six, relating to the State Conservation Agency (State
Conservation Committee, 63 CSR 1) is authorized.
§64-9-5. Board of Examiners in Counseling.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section five, article thirty-one, chapter thirty of
this code, modified by the Board of Examiners in Counseling to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twentieth day of December, two
thousand six, relating to the Board of Examiners in Counseling
(licensing, 27 CSR 1) is authorized with the following amendments:
On page three, subsection 4.2., by striking out "4.2.1";
On page three, by redesignating subdivision 5.1.a as
subsection 5.2;
On page three, by redesignating paragraphs 5.1.a.(1). through
5.1.a.(5) as subdivisions 5.2.a. through 5.2.e.;
On page four, subdivision 6.1.b., at the beginning of the
sentence, by striking out the words "The applicant" and inserting
in lieu thereof the words "After the effective date of this rule in
2007, applicants";
On page six, paragraph 6.1.b.11, after the words "family
counseling/therapy" by inserting a semicolon;
On page eight, subdivision 6.2.c, line fifteen, after the word
"supervisor" by inserting the word "shall".
On page eight, subdivision 6.2.c., in the final sentence of
the subdivision after the words "statement detailing" by striking
out the word "their" and inserting in lieu thereof the words "his
or her";
On page 8, subsection 7.1, in the first sentence after the
words "must meet the" by inserting the words "equivalency of";
On page nine, subsection 7.1, in the final sentence after the
words "in 1986" by inserting the words "and who have maintained
their licenses continually since that time";
On page nine, paragraph 7.1.b.1., after the words "of this
section" by striking out the words "will receive credit of forty (40) contact hours for each renewal prior to the effective date"
and inserting in lieu thereof the words "may use the forty (40)
contact hours earned for each renewal to meet the course
requirements set forth in section 6.1.b."; and,
On page nine, subsection 7.2, in the first sentence after the
words "must meet the" by inserting the words "equivalency of".
On page nine, section eight, line one by striking out "8.1.";
On page ten, by redesignating subdivisions 8.1.a. through
8.1.c. as subdivisions 8.1 through 8.3.;
On page twelve, section thirteen, line one by striking out
"13.1." and by striking out the word "persons" and inserting in
lieu thereof the word "person";
On page fourteen, subsection 16.6., line one, after the words
"36 months", by striking out the comma and words "subject to the
following renewal provision";
On page fourteen, subdivision 16.6.a., line one, by striking
out "16.6.a.";
On page fourteen, section seventeen, line one, by striking out
"17.1";
And,
On page fourteen, by redesignating subdivisions 17.1.a.
through 17.1.e. as subdivisions 17.1. through 17.5.
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the authority of section five, article thirty-one, chapter thirty of
this code, relating to the Board of Examiners in Counseling
(license renewal and continuing education requirements, 27 CSR 3)
is authorized with the following amendments:
On page two, subsection 5.1., by striking out "5.1.a.";
On page two, subdivision 5.1.a., line nine, after the words
"renewals can" by inserting the word "be" and after the words
"obtained through" by striking out "ACA" and inserting in lieu
thereof the words "American Counseling Association (ACA)";
On page two, subsection 5.2., by striking out "5.2.a.";
On page three, subsection 5.5., by striking out "5.5.a.";
On page three, subsection 5.8., after the word "status" by
striking out the comma;
On page three, subsection 5.9, after the word "programs" by
changing the semicolon to a period;
On page three, subsection 5.9., by striking out "5.9.1.";
On page three, subdivision 5.9.1, line five, by striking out
the word "program" and, after the words "home study", by inserting
the word "program";
And,
On pages three and four, section six, by striking out "6.1."
and by redesignating subdivisions 6.1.a. through 6.1.d. as
subdivisions 6.1. through 6.4.
§64-9-6. Hospital Finance Authority.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section five, article twenty-nine-a, chapter sixteen
of this code, modified by the Hospital Finance Authority to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the thirtieth day of October, two
thousand six, relating to the Hospital Finance Authority
(establishment of a fee schedule and costs allocations applicable
to the issuance of bonds by the Hospital Finance Authority, 116 CSR
1) is authorized.
§64-9-7. Board of Landscape Architects.
(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 six, article twenty-two, chapter thirty of
this code, modified by the Board of Landscape Architects 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 Board of Landscape Architects
(registration of landscape architects, 9 CSR 1) is authorized with
the following amendments:
On page one, subsection 1.2., after "30-22-", by striking out
the remained of the subsection and inserting in lieu thereof "6";
On page one, subdivision 2.2.e., by striking out the word
"Means";
On page two, subdivision 2.2.g., by striking out the word
"Means";
On page two, subdivision 2.2.j., by striking out the word
"Means";
On page three, subsection 3.5., line three, by striking out
the word "Secretaries" and inserting in lieu thereof the word
"secretaries";
On page three, subsection 3.5., line four, by striking out the
word "Secretaries" and inserting in lieu thereof the word
"secretaries";
On page three, subsection 4.1., line three, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page three, subsection 4.1., line four, by striking out the
word "shall" and inserting in lieu thereof the word "may";
On page three, subsection 4.10., after the words "number and"
by inserting the word "the";
On page four, subdivision 4.12.b., after the word "provided",
by striking out the comma;
On page four, subdivision 4.12.c., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page four, paragraph 4.13.a.1., after the word
"certification", by changing the comma to a semi-colon;
On page four, paragraph 4.13.a.2., by capitalizing the word
"if";
On page four, subdivision 4.13.b., by striking out the word
"prescribed" and inserting in lieu thereof the word "provided";
On page four, subsection 5.1., by striking out the word "plus"
and inserting in lieu thereof the word "and";
On page four, subsection 5.2., after the word "place" by
striking out the period and the words "The Board" and inserting in
lieu thereof the word "and";
On page five, subsection 5.4., after the words "examination
period." by striking out the word "Those" and inserting in lieu
thereof the words "If the applicant fails to successfully complete
those";
On page five, subsection 5.4., after the word "failed, by
striking out the words "must be retaken";
On page five, subsection 5.4., after the words "(2) year
period" by striking out the period and the words "If not retaken
during this two (2) year period";
On page five, subsection 5.5., by striking out the word "must"
and inserting in lieu thereof the words "who fails to";
On page five, subsection 5.5., after the words "(5) year
period", by striking out the period and the words "Applicants not
so doing";
On page five, subsection 5.6., by striking out the words "in
the event that" and inserting in lieu thereof the word "if";
On page five, subsection 5.6., by striking out the words "maintain a credit of" and inserting in lieu thereof the word
"credit";
On page five, subsection 5.6., after the words "handling fee."
by striking out the words "Examination credit for the applicant"
and inserting in lieu thereof the words "The credit";
On page five, subsection 5.6., after the words "original
examination date" by striking out the words "after which the
remaining credit is forfeit" and inserting in lieu thereof the
words "or be forfeited";
On page five, section six, by striking out subsection 6.3.in
its entirety and inserting in lieu thereof the following: "6.3. A
temporary permit may not be renewed or a new one issued."
On page five, subsection 7.1., by striking out the words "to
the Board within thirty (30) days of the change" and after the
words "current information" by inserting the words "within thirty
(30) days of the change";
On page five, subdivision 7.3.a., after the word
"requirements" by striking out the word "as";
On page five, subdivision 7.3.b., by striking out the word
"required" and inserting in lieu thereof the word "renewal";
On page five, subdivision 7.3.b., after the word "fee" by
inserting the word "and";
On page six, subdivision 7.3.c., by striking out the word
"prescribed in" and by inserting the words "in accordance with";
On page six, subdivision 7.4.f., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page six, subdivision 7.5.a., after the words "(4) years"
by striking out the comma and the word "desiring" and inserting in
lieu thereof the words "and who desires";
On page six, subdivision 7.5.b., by striking out the word
"prescribed" and inserting in lieu thereof the word "provided";
On page seven, subdivision 7.5.c., by striking out the word
"The" and inserting in lieu thereof the word "A";
On page seven, subdivision 7.5.c., after the word "registrant"
by inserting the words "seeking reinstatement";
On page seven, subdivision 8.2.b., after the word "signature",
by striking out the words "that is" and inserting in lieu thereof
a comma and the words "provided pursuant to";
On page seven, subdivision 8.2.b., after the word "process" by
striking out the comma;
On page seven, paragraph 8.2.b.2., by capitalizing the word
"capable";
On page seven, paragraph 8.2.b.3., by capitalizing the word
"under";
On page seven, paragraph 8.2.b.4., by capitalizing the word
"linked";
On page seven, subsection 8.3., by striking out the words "for
the use in the State of West Virginia";
On page seven, subdivisions 8.4.b. through 8.4.d., by
capitalizing the word "the";
On page eight, subsection 8.9., line four, after the words
"revocation of" by inserting the words "his or her";
On page eight, subsection 8.11., by striking out the words
"the registrant signing and sealing documents" and inserting in
lieu thereof the word "Documents";
On page eight, subsection 8.11., after the words "shall be" by
inserting the words "signed and sealed by";
On page eight, subsection 8.12., by striking out the words
"made by";
On page eight, subsection 8.12., after the word "she" by
inserting the words "has made";
On page eight, subsection 9.1., by striking out the word "who"
and inserting in lieu thereof the word "which";
On page eight, subsection 9.1., by striking out the words "met
the provisions" and inserting in lieu thereof the words "satisfied
the requirements";
On page eight, subsection 9.1., by striking out the words "the
seal of the Board" and inserting in lieu thereof the word "seal";
On page nine, subsection 9.3., line one, after the word
"including" by inserting the words "those for";
On page nine, subsection 9.6., by striking out "9.6.a." and
redesignating paragraphs 9.6.a.1. through 9.6.a.4. as subdivisions 9.6.a. through 9.6.d.;
On page nine, by striking out paragraph 9.6.a.2. in its
entirety;
On page nine, paragraph 9.6.a.3., by striking out the word
"prescribed" and inserting in lieu thereof the words "as provided";
On page nine, paragraph 9.6.a.4., by striking out the word
"who" and inserting in lieu thereof the word "which";
On page nine, subsection 9.9., after the word "submitted" by
striking out the words "to the Board";
On page nine, subsection 9.9., after the words "responsible
charge" by striking out the comma and inserting the word "any";
On page ten, subdivision 10.3.d., after the word "experience"
by striking out the comma and the word "nor" and inserting in lieu
thereof the word "or";
On page ten, subdivision 10.3.d., after the word "any" by
striking out the word "such";
On page ten, subdivision 10.3.e., after the word "field" by
striking out the words "landscape architecture";
On page ten, subdivision 10.3.e., after the words "upon
request" by striking out the words "of the landscape architect";
On page ten, subdivision 10.4.d., after the word "advice" by
striking out the comma and the word "who" and inserting in lieu
thereof the word "which";
On page ten, subdivision 10.4.e., by striking out the word "found" and inserting in lieu thereof the word "founded";
On page eleven, subdivision 10.4.f., line two, after the word
"terminate", by inserting the words "his or her";
On page eleven, subdivision 10.4.f., after the words
"reference to the project." by striking out the remainder of the
subdivision;
On page eleven, subdivision 10.4.g., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.4.h., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.c., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.d., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.e., line one, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.e., by striking out the word
"organization" and inserting in lieu thereof the word "firm";
On page eleven, subdivision 10.5.e., by striking out the words
"private concern, shall" and inserting in lieu thereof the words
"firm, may";
On page eleven, subdivision 10.5.e., line five, by striking
out the words "private concern" and inserting in lieu thereof the
word "firm";
On page eleven, subdivision 10.5.f., line one, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.f., line two, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page eleven, subdivision 10.5.g., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., line one, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., after the words
"misrepresentation of his or her" by striking out the comma and
inserting the word "own";
On page twelve, subsection 10.6., line two, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page twelve, subsection 10.6., after the words "of prior
assignments." by striking out the remainder of the subsection;
On page twelve, subsection 10.7., line one, by striking out
the word "shall" and inserting in lieu thereof the word "may";
And,
On page twelve, subsection 10.9., after the words "grounds
for" by striking out the words "a charge of" and inserting in lieu
thereof the words "charging a violation".
(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 six, article twenty-two, chapter thirty of this code, modified by the Board of Landscape Architects 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 Board of Landscape Architects
(continuing education, 9 CSR 2) is authorized with the following
amendments:
On page one, section two, by striking out "2.1" and by
redesignating subdivisions 2.1.a. through 2.1.c. as subdivisions
2.1. through 2.3.;
On page one, subdivision 2.1.c., after the word "tutorials" by
striking out the semi-colon:
On page one, subdivision 2.1.c., after the word "provided", by
striking out the comma;
on page one, subsection 3.1., by striking out the words "for
each renewal period" and inserting in lieu thereof the word
"annually";
On page two, subdivision 3.3.e, after the word "architecture"
by striking out the words "and to" and inserting in lieu thereof
the words "of";
On page two, subsection 3.4., by striking out the words
"continuing education related";
On page two, subsection 3.4., after the word "activity" by
inserting the words "for continuing education credit";
On page two, subsection 3.5., by striking out the words "When a" and inserting in lieu thereof the word "A";
On page two, subsection 3.5., by striking out the words "under
suspension seeks" and inserting in lieu thereof the words "has been
suspended may seek";
On page two, subsection 3.5., after the words "reinstatement
of" by striking out the words "a license, the person seeking
reinstatement shall complete" and inserting in lieu thereof the
words "his or her license by completing";
On page two, subsection 3.5., by striking out the words
"professional development hours" and inserting in lieu thereof the
words "PDH units";
On page two, subsection 3.5., line six, after the words "PDH
units and", by inserting the word "to";
On page two, section four, by striking out "4.1." and by
redesignating subdivisions 4.1.a and 4.1.b. as subdivisions 4.1.
and 4.2.;
On page two, subsection 4.1, by striking out the words
"maintaining records is the responsibility of the licensee.";
On page three, section five, by striking out "5.1." and by
redesignating subdivisions 5.1.a. through 5.1.d. as subdivisions
5.1. through 5.4.;
On page three, subsection 5.1., by striking out the word
"board" and inserting in lieu thereof the word "Board";
On page three, subdivision 5.1.a., by striking out the words "way of";
On page three, subdivision 5.1.a., after the word "exempt", by
striking out the word "for the first renewal period following the
original date of" and inserting in lieu thereof the words "from
continuing education requirements until their licenses have been
renewed a first time after initial";
On page three, subdivision 5.1.b., by striking out the words
"professional development hours" and inserting in lieu thereof the
words "PDH units";
On page three, subdivision 5.1.c., lines two and four, by
striking out the word "board" and inserting in lieu thereof the
word "Board";
On page three, subdivision 5.1.c., after the word "occurs." by
striking out the remainder of the subdivision;
On page three, subdivision 5.1.d., by striking out the word
"Licensee" and inserting in lieu thereof the word "licensee";
On page three, subdivision 5.1.d., after the word "exempt" by
inserting the words "from continuing education requirements";
On page three, subsection 6.1., after the word "proof", by
striking out the words "of satisfying the" and inserting in lieu
thereof the words "that he or she has satisfied";
And,
On page three, subsection 6.2., line five, by striking out the
word "further" and inserting in lieu thereof the word "additional".
(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 six, article twenty-two, chapter thirty of
this code, relating to the Board of Landscape Architects (fees, 9
CSR 3) is authorized with the following amendments:
On page one, by striking out subsection 2.2. in its entirety
and inserting in lieu thereof the following:
2.2. "Board" means the West Virginia State Board of Landscape
Architects.
On page one, by striking out "2.2.a." and inserting in lieu
thereof "2.3.";
On page one, subdivision 2.2.a., by placing quotation marks
around the word "Registrant" and by striking out the hyphen and
inserting in lieu thereof the word "means";
On page one, subsection 3.1., by striking out the words "West
Virginia State Board of Landscape Architects" and inserting in lieu
thereof the word "Board";
On page one, subsection 3.2., by striking out the word "The"
and inserting in lieu thereof the words "Each year during the month
of April, the";
On page one, subsection 3.2., after the word "registrant" by
striking out the words "during the month of April of each year";
On page one, subsection 3.4., by striking out the word "A
renewal" and inserting in lieu thereof the words "If a renewal application is";
And,
On page one, subsection 3.4., after the word "June", by
inserting a comma and the words "the registrant's license".
§64-9-8. Massage Therapy Licensure Board.
The legislative rule filed in the State Register on the
seventeenth day of July, two thousand six, authorized under the
authority of section six, article thirty-seven, chapter thirty of
this code, modified by the Massage Therapy Licensure Board to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the third day of August, two
thousand six, relating to the Massage Therapy Licensure Board
(general provisions, 194 CSR 1) is authorized
with the following
amendment:
On page four, by redesignating subdivision 3.11.a. as
subsection 3.12. and by renumbering the remaining subsections
accordingly.
§64-9-9. Board of Medicine.
The legislative rule filed in the State Register on the
twenty-second day of May, two thousand six, authorized under the
authority of section seven, article three, chapter thirty of this
code, modified by the Board of Medicine to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-sixth day of July, two thousand six, relating to the Board of Medicine (licensing and disciplinary
procedures for physicians and podiatrists, 11 CSR 1A) is
authorized.
§64-9-10. Board of Osteopathy.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section one, article fourteen-a, chapter thirty of
this code relating to the Board of Osteopathy (osteopathic
physician assistants, 24 CSR 2) is authorized.
§64-9-11. Board of Pharmacy.
The legislative rule filed in the State Register on the
seventh day of July, two thousand five, authorized under the
authority of sections six and seven, article ten, chapter sixty-a
of this code, modified by the Board of Pharmacy to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the eleventh day of October, two
thousand five, relating to the Board of Pharmacy (ephedrine and
pseudoephedrine control, 15 CSR 11) is authorized.
§64-9-12. Real Estate Commission.
The legislative rule filed in the State Register on the
twenty-third day of March, two thousand six, authorized under the
authority of section eight, article forty, chapter thirty of this
code relating to the Real Estate Commission (requirements in
licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage businesses, 174 CSR 1) is authorized
with the following amendment:
On page one, subsection 1.1., by striking out the word
"regulations" and inserting in lieu thereof the word "rules".
§64-9-13. Board of Registered Professional Nurses.
(a) The legislative rule filed in the State Register on the
sixteenth day of June, two thousand six, authorized under the
authority of section four, article seven, chapter thirty of this
code, modified by the Board of Examiners for Registered
Professional Nurses to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
twenty-eighth day of July, two thousand six, relating to the Board
of Examiners for Registered Professional Nurses (policies and
criteria for the evaluation and accreditation of colleges,
departments or schools of nursing, 19 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the
sixteenth day of June, two thousand six, authorized under the
authority of section four, article seven, chapter thirty of this
code, modified by the Board of Examiners for Registered
Professional Nurses to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
twenty-eighth day of July, two thousand six, relating to the Board
of Examiners for Registered Professional Nurses (requirements for
registration and licensure, 19 CSR 3) is authorized with the following amendments:
On page one, subsection 1.1., after the word "nurse" by
inserting the words "and describes behavior which constitutes
professional misconduct subject to disciplinary action";
On page one,
subsection 1.2, by striking out "and §30-1-4";
On page one, subsection 2.2., by striking out the word
"Supervision" and inserting in lieu thereof the word "supervision"
and after the period by striking out the quotation mark;
On page one, subsection 2.3., by striking out the words
"Professional Character" and inserting in lieu thereof the words
"professional character" and by striking out the word "Board" and
inserting in lieu thereof the word "board";
On page one, subsection 2.6., by striking out the words
"national council of state boards of nursing" and inserting in lieu
thereof the words "National Council of State Boards of Nursing";
On page two, by striking out paragraph 3.1.a.4. in its
entirety and inserting in lieu thereof the following:
3.1.a.4. request and submit to the board the results of a
state and a national electronic criminal history records check by
the State Police.
3.1.a.4.A. The applicant shall furnish to the State Police a
full set of fingerprints and any additional information required to
complete the criminal history records checks.
3.1.a.4.B. The applicant is responsible for any fees required by the State Police in order to complete the criminal history
records checks.
3.1.a.4.C. The criminal history records required by this
paragraph must been have been requested within the twelve (12)
months immediately before the application is filed with the Board.
3.1.a.4.D. The board may require the applicant to obtain an
electronic criminal history records check from a similar agency in
the state of the technician or applicant's residence, if outside of
West Virginia.
3.1.a.4.E. To be qualified for licensure, the results of the
criminal history records checks must be unremarkable and verified
by a source acceptable to the board other than the applicant.
3.1.a.4.F. Instead of requiring the applicant to apply
directly to the State Police for the criminal history records
checks, the board may contract with a company specializing in the
services required by this paragraph.
3.1.a.4.G. The board may deny licensure or certification to
any applicant who fails or refuses to submit the criminal history
records checks required by this subsection.;
On page two, subdivision 3.1.b., by striking out the word
"Veterans" and inserting in lieu thereof the word "veterans";
On page two, subdivision 3.1.b., after the words "et seq." by
inserting the words "an applicant who is a veteran";
On page three, by striking out paragraph 3.1.b.5. in its entirety and inserting in lieu thereof the following:
3.1.b.5. request and submit to the board the results of a
state and a national electronic criminal history records check by
the State Police.
3.1.b.5.A. The applicant shall furnish to the State Police a
full set of fingerprints and any additional information required to
complete the criminal history records checks.
3.1.b.5.B. The applicant is responsible for any fees required
by the State Police in order to complete the criminal history
records checks.
3.1.b.5.C. The criminal history records required by this
paragraph must been have been requested within the twelve (12)
months immediately before the application is filed with the Board.
3.1.b.5.D. The board may require the applicant to obtain an
electronic criminal history records check from a similar agency in
the state of the technician or applicant's residence, if outside of
West Virginia.
3.1.b.5.E. To be qualified for licensure, the results of the
criminal history records checks must be unremarkable and verified
by a source acceptable to the board other than the applicant.
3.1.b.5.F. Instead of requiring the applicant to apply
directly to the State Police for the criminal history records
checks, the board may contract with a company specializing in the
services required by this paragraph.
3.1.b.5.G. The board may deny licensure or
certification to
any applicant who fails or refuses to submit the criminal history
records checks required by this subsection.;
On page four, by redesignating subparagraph 3.1.c.5.B. as part
3.1.c.5.B.1. and by redesignating part 3.1.c.5.B.1. as part
3.1.c.5.B.2.;
On page four, subparagraph 3.1.c.5.C., by striking out the
word "Provide" and inserting in lieu thereof the word "provide";
On page four, by striking out paragraph 3.1.c.6. in its
entirety and inserting in lieu thereof the following:
3.1.c.6. request and submit to the board the results of a
state and a national electronic criminal history records check by
the State Police.
3.1.c.6.A. The applicant shall furnish to the State Police a
full set of fingerprints and any additional information required to
complete the criminal history records checks.
3.1.c.6.B. The applicant is responsible for any fees required
by the State Police in order to complete the criminal history
records checks.
3.1.c.6.C. The criminal history records required by this
paragraph must been have been requested within the twelve (12)
months immediately before the application is filed with the Board.
3.1.c.6.D. The board may require the applicant to obtain an
electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of
West Virginia.
3.1.c.6.E. To be qualified for licensure, the results of the
criminal history records checks must be unremarkable and verified
by a source acceptable to the board other than the applicant.
3.1.c.6.F. Instead of requiring the applicant to apply
directly to the State Police for the criminal history records
checks, the board may contract with a company specializing in the
services required by this paragraph.
3.1.c.6.G. The board may deny licensure or
certification to
any applicant who fails or refuses to submit the criminal history
records checks required by this subsection.;
On page four, subdivision 3.2.a., by striking out the word
"Applicant" and inserting in lieu thereof the word "Applicants";
On page four, subparagraph 3.2.a.1.B, by capitalizing the
words "board of examiners for registered professional nurses";
On page five, subparagraph 3.2.a.1.D., by striking out the
word "Board" and inserting in lieu thereof the word "board";
On page five, paragraph 3.2.a.2, by capitalizing the words
"national council licensure examination";
On page five, subparagraph 3.2.b.1.B, by capitalizing the
words "board of examiners for registered professional nurses";
On page six, paragraph 3.2.b.2, by capitalizing the words
"national council licensure examination";
On page seven, subparagraph 3.2.c.1.B, by capitalizing the
words "board of examiners for registered professional nurses";
On page seven, paragraph 3.2.c.2., by capitalizing the words
"national council licensure examination";
On page nine, subdivision 7.1.c., by striking out the word
"Board" and inserting in lieu thereof the word "board";
On page nine, subdivision 7.1.d., after the word "system" by
striking out the word "as";
On page nine, subdivision 7.1.d., after the word "Nursing" by
inserting a comma;
On page eleven, subdivision 7.2.i., by striking out the words
"ninety (90)" and inserting in lieu thereof the words "one hundred
eighty (180)";
On page eleven, subsection 8.1., after the word "affidavit" by
striking out the semi-colon;
On page eleven, subsection 8.1., line seven, by striking out
the word "as";
On page eleven, subsection 9.1., after the words "issued by"
by striking out the word "this" and inserting in lieu thereof the
word "the";
On pages eleven and twelve, section nine, by striking out
"9.1.a." and by redesignating paragraphs 9.1.a.1. through 9.1.a.6.
as subdivisions 9.1.a. through 9.1.f.;
On page twelve, paragraph 9.1.a.6., by striking out the words "Provided, the" and inserting in lieu thereof the words "The fee
for a";
On page twelve, paragraph 9.1.a.6., after the word "shall" by
striking out the words "have a" and inserting in lieu thereof the
word "be" and after the word "prorated", by striking out the
remainder of the paragraph;
On page twelve, subsection 9.2., by striking out "9.2.a";
On page twelve, subsection 9.3., by striking out "9.3.a";
On page twelve, subsection 9.3., after the words "recipient of
the designation" by striking out the word "shall" and inserting in
lieu thereof the word "may";
On page twelve, subsection 9.3., after the words "in any state
and" by striking out the word "shall" and inserting in lieu thereof
the word "may";
On page twelve, subsection 9.3., line seven, after the word
"nurse" by inserting a comma and after the words "he or she" by
striking out the words "shall be" and inserting in lieu thereof the
word "is";
On page thirteen, subsection 10.2., line three, by striking
out the word "as";
On page thirteen, subsection 10.3., after the word "lapsed" by
striking out the words "shall be" and inserting in lieu thereof the
word "is";
On page thirteen, subsection 10.3., after the words "practitioner and" by striking out the words "shall be" and
inserting in lieu thereof the word "is";
On page thirteen, section eleven, by striking out "11.1";
On page thirteen, section eleven, line eight, by striking out
the word "as";
On page thirteen, subsection 12.1., after the words
"registration and" by striking out the word "a" and inserting the
word "the";
On page thirteen, subsection 12.1., line four, by striking out
the word "as";
On page thirteen, subsection 12.2., line three, by striking
out the word "as";
On page thirteen, subsection 12.3., by striking out the word
"Board's" and inserting in lieu thereof the word "board's";
On page thirteen, subsection 13.1., after the word "assess" by
striking out the word "a" and inserting in lieu thereof the word
"the" and after the word "fee" by striking out the word "as;
On page thirteen, subsection 13.1., by striking out the word
"Board's" and inserting in lieu thereof the word "board's";
On page seventeen, subdivision 14.1.ss., by striking out the
word "Violated" and inserting in lieu thereof the word "violated";
On page seventeen, by striking out subsection 14.3. in its
entirety and inserting in lieu thereof the following:
14.3. Based on the nature of the complaint filed against a licensee, technician, or of the information received about an
applicant, the Board may require the technician or applicant to
request and submit to the Board the results of a state and a
national electronic criminal history records check by the State
Police.
14.3.a. The licensee, technician, or applicant under
investigation shall furnish to the State Police a full set of
fingerprints and any additional information required to complete
the criminal history records check.
14.3.b. The licensee, technician, or applicant under
investigation is responsible for any fees required by the State
Police in order to complete the criminal history records check.
14.3.c. The Board may require the licensee, technician, or
applicant to obtain an electronic criminal history records check
from a similar agency in the state of the technician or applicant's
residence, if outside of West Virginia.
14.3.d. Instead of requiring the licensee, technician, or
applicant under investigation to apply directly to the State Police
for the criminal history records checks, the Board may contract
with a private vendor to provide the services required in this
subsection.
14.3.e. The Board may deny licensure or certification or take
disciplinary action against any licensee, technician, or applicant
who fails or refuses to submit the criminal history records checks required by this subsection.;
On page eighteen, subdivision 15.1.b., by striking out the
word "Board's" and inserting in lieu thereof the word "board's";
On page eighteen, subdivision 15.1.c., after the words
"satisfaction of" by striking out the word "Board's" and inserting
in lieu thereof the word "board's";
On page eighteen, subdivision 15.1.c., after the words "extent
of" by striking out the word "Board's" and inserting in lieu
thereof the word "board's";
And,
On page eighteen, section sixteen, by striking out "16.1".
(c) The legislative rule filed in the State Register on the
sixteenth day of June, two thousand six, authorized under the
authority of section four, article seven, chapter thirty of this
code, modified by the Board of Examiners for Registered
Professional Nurses to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
twenty-eighth day of July, two thousand six, relating to the Board
of Examiners for Registered Professional Nurses (continuing
education, 19 CSR 11) is authorized with the following amendments:
On page two, subdivision 3.2.1, after the words "during the"
by inserting the word "twelve";
On page three, subdivision 3.5.3, line three, after the words
"or shall" by striking out the word "to";
On page six, paragraph 4.4.2.a, by striking out the word
"completed" and inserting in lieu thereof the word "Completing".
(d) The legislative rule filed in the State Register on the
thirtieth day of August, two thousand five, authorized under the
authority of sections six and seven, article seven-c, chapter
thirty of this code, modified by the Board of Examiners for
Registered Professional Nurses to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-eighth day of July, two thousand six,
relating to the Board of Examiners for Registered Professional
Nurses (dialysis technicians, 19 CSR 13) is authorized with the
following amendments:
On page one, subsection 1.1., line two, by striking out the
words "dialysis technicians," and inserting in lieu thereof the
word "and";
On page one, subsection 1.1., by striking out the words "for
approving and disapproving" and inserting in lieu thereof the words
"approval of";
On page one, section two, by adding the following:
2.1. "Advisory council" means the Dialysis Technician Advisory
Council provided for in W. Va. Code §30-7C-9;
2.2. "Board" means the West Virginia Board of Examiners for
Registered Professional Nurses;
and by renumbering the remaining subsections accordingly;
On page one, subsection 2.1., line two, by striking out the
words "comprised of" and inserting in lieu thereof a comma and the
word "including";
On page one, subsection 2.4., by striking out the words "upon
delegation by the registered professional nurse or physician";
On page one, section two, subsection 2.5., line three, after
the words "status or" by inserting the word "of";
On page two, after subsection 2.5., by adding the following:
2.8. "Nurse administrator" means the registered professional
nurse responsible for administering a Board-approved dialysis
technician training program;;
On page two, after subsection 2.7., by adding the following:
2.11. "Training program" means a dialysis training program;;
On page two, subsection 3.1., by striking out the words
"providing hemodialysis care" and after the word "provide" by
inserting the word "hemodialysis";
On page two, subsection 3.1, by striking out the words "that
the performance of the care be delegated" and inserting in lieu
thereof the words "the delegation of authority";
On page two, by striking out subsection 3.2. in its entirety
and inserting in lieu thereof the following:
3.2. The dialysis technician may not being dialysis care until
a registered professional nurse or physician has first assessed the
patient upon entering the dialysis unit to assure that he or she is stable and then delegated dialysis care to the dialysis
technician.;
On page two, subsection 3.3, line two, after the word "access"
by changing the semi-colon to a comma and by striking out the word
"reports" and inserting in lieu thereof the word "report";
On page two, subsection 3.3, after the word "physician" by
inserting a comma;
On page two, subsection 3.3, by striking out the words "prior
to" and inserting in lieu thereof the word "before";
On page two, subsection 3.3, by striking out the word
"proceeding" and inserting in lieu thereof the word "proceeds";
On page two, subsection 3.4, by striking out the word "shall"
and inserting in lieu thereof the word "may";
On page three, subdivision 3.5.c., by striking out the words
"There is validation of the dialysis technicians" and inserting in
lieu thereof the words "The nurse administrator has validated the
dialysis technician's";
On page four, paragraph 3.5.g.6., by striking out the word
"engaging" and inserting in lieu thereof the word "engage";
On page four, paragraph 3.5.g.7., by striking out the words
"by a dialysis technician";
On page four, by striking out paragraph 3.5.g.8. in its
entirety and inserting in lieu thereof the following;
3.5.g.8. Not engage in sexual misconduct or in conduct that may reasonably be interpreted as sexual or in any verbal behavior
that is or may reasonably be interpreted as seductive or sexually
demeaning to a patient. The patient is always presumed incapable
of giving free, full or informed consent to these behaviors; and;
On page four, paragraph 3.5.g.9., by striking out the word
"Treats" and inserting in lieu thereof the word "Treat";
On page four, subdivision 3.5.h., after the word "technician"
by inserting the word "shall";
On page four, paragraph 3.5.h.1., by striking out the word
"Implements" and inserting in lieu thereof the word "Implement";
On page four, paragraph 3.5.h.1., by striking out the word
"clarifies" and inserting in lieu thereof the word "clarify"; and,
after the word "information" by changing the semi-colon to a
period;
On page four, paragraph 3.5.h.1., by striking out "3.5.h.1.a"
and by redesignating parts 3.5.h.1.a.1 and 3.5.h.1.a.2 as
subparagraphs 3.5.h.1.A. and 3.5.h.1.B.;
On page five, paragraph 3.5.h.2., by striking out the word
"Initiates" and inserting in lieu thereof the word "Initiate";
On page five, subdivision 3.5.i., by striking out the word
"shall" and inserting in lieu thereof the word "may";
On page five, subsection 3.7., after the words "subject to" by
inserting the word "disciplinary";
On page five, subsection, 4.1., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page five, subsection, 4.1., by striking out the word
"only" and, after the word "medications" by striking out the word
"as" and inserting in lieu thereof the word "if";
On page five, subsection, 4.1., after the words "prescription
and" by striking out the word "as";
On page five, subsection, 4.2., by striking out the words
"Administration of" and inserting in lieu thereof the words "Except
as provided by this rule, a dialysis technician may not administer"
and after the word "medications" by striking out the remainder of
the subsection;
On page six, subdivision 5.1.a., by striking out the words "to
be approved" and inserting in lieu thereof the word "approval" and,
after the word "shall" by striking out the colon and inserting the
word "shall";
On pages six and seven, section five, by striking out
paragraph 5.1.a.1. in its entirety and by redesignating
subparagraphs 5.1.a.1.A. through 5.1.a.1.E. as paragraphs 5.1.a.1.
through 5.1.a.5.;
On page seven, subsection 5.2., by striking out the words
"make a determination regarding the approval status of" and
inserting in lieu thereof the words "either approve or disapprove";
On page seven, subsection 5.3., by striking out the words "be
current" and inserting in lieu thereof the word "continue";
On page seven, subsection 5.3., line four, after the word
"period" by striking out the comma;
On page seven, subsection 5.6., after the words "of the
Board", by striking out the comma and after the words "meeting the
requirements" by striking out the comma;
On page eight, subdivision 6.1.b., by striking out the words
"registered professional nurse administering the program" and
inserting in lieu thereof the words "nurse administrator";
On page eight, by striking out subdivision 6.1.c., in its
entirety and by inserting in lieu thereof the following"
6.1.c. The training program shall immediately notify the Board
in writing when the nurse administrator vacates the position or is
replaced and provide the name and qualifications of the new or
interim nurse administrator. A training program may not initiate a
new class of dialysis technician trainees unless the new or interim
nurse administrator meets the has the qualifications required by
this rule.;
On page eight, paragraph 6.1.d.1., after the word "The" by
inserting the words "training program shall provide";
On page eight, paragraph 6.1.d.1., after the word "instructor"
by striking out the words "shall be provided";
On page eight, paragraph 6.1.d.2., by striking out the words
"registered professional nurse who is responsible for administering
the program" and inserting in lieu thereof the words "nurse administrator";
On page eight, paragraph 6.1.d.3., after the word "The", by
inserting the words "training program shall report";
On page eight, paragraph 6.1.d.3., after the word "faculty" by
striking out the words "shall be reported";
On page nine, subdivision 6.1.e., by striking out the words
"There shall be" and inserting in lieu thereof the words "Each
training program shall develop";
On page nine, subdivision 6.1.e., after the word "which" by
inserting the word "shall";
On page nine, paragraph 6.1.e.3., by striking out the words
"registered professional";
On page nine, subdivision 6.1.f., after the words "offered by
the" by inserting the word "training";
On page nine, subdivision 6.1.f., by striking out the words
"which prepares an individual to perform dialysis care";
On page nine, subdivision 6.1.f., by striking out the words
"which is a minimum" and inserting in lieu thereof the words "of at
least";
On page nine, subdivision 6.1.f., after the word "twenty" by
inserting "(320)";
On page nine, subdivision 6.1.f., line four, by striking out
the words "shall include";
On page nine, subdivision 6.1.f., by striking out the words "for the application of" and inserting in lieu thereof the words
"to apply";
On page nine, subdivision 6.1.f., by striking out the words
"for the achievement of" and inserting in lieu thereof the words
"to achieve";
On page nine, paragraph 6.1.f.1., after the word "instruction"
by inserting a comma and striking out the words "shall include
instruction";
On page nine, paragraph 6.1.f.1., after the word "visuals", by
inserting a comma and by striking out the word "which" and
inserting in lieu thereof the word "shall";
On page eleven, by striking out paragraph 6.1.f.2. in its
entirety and inserting in lieu thereof the following:
6.1.f.2. The program shall develop written tests for each unit
in the curriculum, including a final test, and shall conduct a
skills performance evaluation.
On page eleven, by striking out subparagraph 6.1.f.2.A. in its
entirety and inserting in lieu thereof the following:
6.1.f.2.A. Exams may be administered by paper/pencil or by
computer;
On page twelve, subdivision 6.1.g., by striking out the words
"registered professional nurse responsible for administering the
program" and inserting in lieu thereof the words "nurse
administrator";
On page twelve, subdivision 6.1.g., after the word "adopt" by
inserting the word "written";
On page twelve, paragraph 6.1.g.1., after the words "of age
and" by striking out the words "the individual";
On page twelve, paragraph 6.1.g.5., after the words "completed
the" by inserting the words "three hundred twenty";
On page twelve, subparagraph 6.1.g.6.A., by striking out the
words "dialysis technician-";
On page twelve, subparagraph 6.1.g.6.A., by striking out the
words "There shall be a statement of" and inserting in lieu thereof
the words "The nurse administrator shall adopt a";
On page thirteen, subparagraph 6.1.g.6.C., by striking out the
word "completed" and inserting in lieu thereof the word
"completes";
On page fourteen, subparagraph 6.1.g.6.F., by striking out the
words "registered professional nurse responsible for administering
the program" and inserting in lieu thereof the words "nurse
administrator";
On page fourteen, subdivision 6.1.h., after the words
"training program," by inserting the words "the program shall
notify";
On page fourteen, subdivision 6.1.h., by striking out the
words "shall be notified";
On page fourteen, subdivision 6.1.h., after the word "date" by changing the comma to a period and inserting the words "The notice
shall include";
On page fourteen, by striking out subdivision 6.1.i. in its
entirety and inserting in lieu thereof the following:
6.1.i. If any changes are made to the training program
previously approved by the Board when a facility changes ownership,
the training program may only be approved as a new program.
On page fifteen, subdivision 7.2.c., by striking out the words
"registered professional nurse responsible for administering the
program" and inserting in lieu thereof the words "nurse
administrator";
On page fifteen, subdivision 8.1.a., by striking out the words
"Subsection 6.5.' and inserting in lieu thereof the words
"subsection 6.5. of this rule";
On page sixteen, subdivision 8.2.c., after the words
"deficiency report" and "any" by changing the semi-colons to
commas;
On page seventeen, subdivision 10.1.b., by striking out the
word "organization'" and inserting in lieu thereof the word
"organization's";
On page eighteen, subsection 10.3., after the words "set forth
in" by striking out the words "subdivision 13.10.1" and inserting
in lieu thereof "subsection 10.1";
On page eighteen, subsection 10.3., by striking out the words "subdivision 13.10.1" and inserting in lieu thereof subsection
10.1";
On page eighteen, subsection 10.4., by striking out the words
"specified by the Board";
On page eighteen, subsection 10.4., line four, by striking out
the words "subdivision 13.10.1" and inserting in lieu thereof
"subsection 10.1.";
On page eighteen, subsection 10.4., line six, by striking out
the words "subdivision 13.10.1" and inserting in lieu thereof
"subsection 10.1";
On page eighteen, subsection 10.6., by striking out the words
"subdivision 13.10.1" and inserting in lieu thereof "subsection
10.1";
On page eighteen, subsection 10.7., lines two and three, by
striking out the words "subdivision 13.10.1" and inserting in lieu
thereof "subsection 10.1";
On page eighteen, section eleven, by striking out "11.1." and
by redesignating subdivisions 11.1.a. through 11.1.c. as
subdivisions 11.1. through 11.3.;
On page eighteen, section eleven, after the words "examination
offered by" by striking out the word "an" and by inserting in lieu
thereof the words "one of the following approved";
On page eighteen, section eleven, after the word
"organization" by striking out the words "approved by the Board of Nursing. The approved testing organizations are";
On page nineteen, subsection 12.5., by striking out "fo" and
inserting in lie thereof the word "for";
On page nineteen, by striking out "13.1";
On page nineteen, section thirteen, after the words "July 1"
by striking out the comma;
On page nineteen, subsection 14.1., by striking out the words
"in order to engage in dialysis care";
On page twenty, subdivision 14.1.a., by striking out the words
"shall be submitted";
On page twenty, subdivision 14.1.d., after the semi-colon by
inserting the word "and";
On page twenty, subdivision 14.1.e., after "DUI)" by striking
out the semi-colon;
On page twenty, subdivision 14.1.e., after the word "and" by
inserting the words "a letter of explanation that addresses each
conviction."
On page twenty, section fourteen, by striking out subdivision
14.1.f. in its entirety;
On page twenty-one, subdivision 14.8.a., by striking out the
word "Boards" and inserting in lieu thereof the word "Board's";
On page twenty-one, subdivision 14.8.e., by striking out the
word "Completion" and inserting in lieu thereof the words "The
results";
On page twenty-two, subsection 15.1., by striking out the
words "The renewal period for dialysis technicians is annual. All"
and inserting in lieu thereof the words "Dialysis technician";
On page twenty-two, subsection 15.3., after the words
"application for" by inserting the word "reinstatement";
On page twenty-three, subdivision 16.1.e., after the words "he
or she is" by inserting the word "not";
On page twenty-five, subdivision 16.1.mm., before the word
"listed" by inserting the word "is";
On page twenty-six, by striking out subsection 16.3. in its
entirety and inserting in lieu thereof the following:
16.3. Based on the nature of the complaint filed against a
technician or of the information received about an applicant, the
Board may require the technician or applicant to request and submit
to the Board the results of a state and a national electronic
criminal history records check by the State Police.
16.3.a. The technician or applicant under investigation shall
furnish to the State Police a full set of fingerprints and any
additional information required to complete the criminal history
records check.
16.3.b. The technician or applicant under investigation is
responsible for any fees required by the State Police in order to
complete the criminal history records check.
16.3.c. The Board may require the technician or applicant to obtain an electronic criminal history records check from a similar
agency in the state of the technician or applicant's residence, if
outside of West Virginia.
16.3.d. Instead of requiring the technician or applicant under
investigation to apply directly to the State Police for the
criminal history records checks, the Board may contract with a
private vendor to provide the services required in this subsection.
16.3.e. The Board may deny certification or take disciplinary
action against any technician or applicant who fails or refuses to
submit the criminal history records checks required by this
subsection.;
And,
On page twenty-six, section sixteen, by striking out
subsection 16.6. in its entirety.
§64-9-14. Secretary of State.
(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 six, article one-a, chapter three of this
code, modified by the Secretary of State to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-second day of December, two thousand
six, relating to the Secretary of State (procedures for canvassing
elections, 153 CSR 18) 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 six, article one-a, chapter three of this
code, modified by the Secretary of State to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-second day of December, two thousand
six, relating to the Secretary of State (procedures for recount of
election results, 153 CSR 20) 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 six, article one-a, chapter three of this
code, modified by the Secretary of State 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 Secretary of State (absentee voting by military
voters who are members of reserve units called to active duty, 153
CSR 23) 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 six, article one-a, chapter three of this
code, modified by the Secretary of State to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-second day of December, two thousand
six, relating to the Secretary of State (procedures for handling
ballots and counting write-in votes in counties using optical scan ballots, 153 CSR 27) 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 five hundred twenty-six, article nine, chapter
forty-six of this code, modified by the Secretary of State to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of October, two
thousand six, relating to the Secretary of State (Uniform
Commercial Code, 153 CSR 35) is authorized.
(f)
The legislative rule
filed in the State Register on the
first day of September, one thousand nine hundred eighty-nine,
authorized
under the authority of section four hundred seven,
article nine, chapter forty-six of this code,
modified by the
Secretary of State to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
twentieth day of November
,
one thousand nine hundred eighty-nine
,
relating to the Secretary of State (
West Virginia Product Lien
Central Filing System, 153 CSR 13) is hereby repealed.
§64-9-15. State Treasurer.
The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand six, authorized under the
authority of section six, article three-a, chapter twelve of this
code, modified by the Treasurer's Office to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-seventh day of October, two thousand
six, relating to the Treasurer's Office (providing services to
political subdivisions, 112 CSR 13) is authorized with the
following amendments:
On page one, subsection 1.1., by striking out the word
"Services" and inserting in lieu thereof the word "services" and by
striking out the words "Political Subdivisions" and inserting in
lieu thereof the words "political subdivisions";
On page one, subsection 2.4., by striking out the word "Fee"
and inserting in lieu thereof the word "fee";
On page one, subsection 2.5., after the word "Credit" by
striking out the word "Card" and inserting in lieu thereof the word
"card" and by striking out the words "Charge Card" and inserting in
lieu thereof the words "charge card";
On page two, subsection 2.6., by striking out the word
"Merchant" and inserting in lieu thereof the word "merchant";
On page two, subsection 2.7., after the word "Debit" by
striking out the word "Card" and inserting in lieu thereof the word
"card" and by striking out the words "Financial Institution" and
inserting in lieu thereof the words "financial institution";
On page two, subsection 2.8., after the word "Discount" by
striking out the word "Fee" and inserting in lieu thereof the word
"fee"; by striking out the word "Merchant" and inserting in lieu
thereof the word "merchant"; and by striking out the words "Card Issuer" and inserting in lieu thereof the words "card issuer";
On page two, subsection 2.9., by striking out the words
"Electronic Payment" and inserting in lieu thereof the words
"electronic payment";
On page two, subsection 2.11., after the word "Electronic" by
striking out the word "Payment" and inserting in lieu thereof the
words "payment" and by striking out the words "Wire Transfer" and
inserting in lieu thereof the words "wire transfer";
On page two, subsection 2.12., after the word "Financial" by
striking out the word "Institution" and inserting in lieu thereof
the word "institution";
On page two, subsection 2.16., by striking out the words
"Lockbox Services" and inserting in lieu thereof the words "lockbox
services" and by striking out the words "Financial Institution" and
inserting in lieu thereof "financial institution";
On page three, subsection 2.17., by striking out the words
"Political Subdivisions" and inserting in lieu thereof the words
"political subdivisions";
On page three, subsection 2.18., after the word "Political" by
striking out the word "Subdivision" and inserting in lieu thereof
the words "subdivision" and by striking out the words "Board of
Education" and inserting in lieu thereof the words "board of
education";
On page three, subsection 2.19., after the words "Point of" by striking out the word "Sale Terminal" and inserting in lieu thereof
the words "sale terminal"; after the word "POS" by striking out the
word "Terminal" and inserting in lieu thereof the word "terminal";
and, on lines three and four, by striking out the words "Financial
Institution" and inserting in lieu thereof the words "financial
institution";
On page three, subsection 2.21., by striking out the words
"Lockbox Services" and inserting in lieu thereof the words "lockbox
services";
On page three, subsection 2.25., by striking out the words
"Wholesale Lockbox" and inserting in lieu thereof the words
"wholesale lockbox"; by striking out "Wholesale Lockbox Services"
and inserting in lieu thereof the words "wholesale lockbox
services"; and by striking out "Wholetail Lockbox Services" and
inserting in lieu thereof "wholetail lockbox services";
On page three, subsection 2.26., after the word "Wire" by
striking out the word "Transfer" and inserting in lieu thereof the
word "transfer";
On page three, subsection 3.1., after the word "Political" by
striking out the word "Subdivision" and inserting in lieu thereof
the word "subdivision";
On page four, subsections 3.2. and 3.3., by striking out the
words "Political Subdivision" and inserting in lieu thereof the
words "political subdivision";
On page four, subsection 3.5., by striking out the word
"Services" and inserting in lieu thereof the word "services";
On page four, subsection 3.7., by striking out the words
"Political Subdivision" and inserting in lieu thereof the words
"political subdivision" and by striking out the word "Services" and
inserting in lieu thereof the word "services";
On page four, subsections 4.1., 4.3., and 4.4., after the word
"Political" by striking out the word "Subdivisions" and inserting
in lieu thereof the word "subdivisions" and by striking out the
word "Services" and inserting in lieu thereof the word "services";
On page four, subsection 4.2., by striking out the words
"Political Subdivision" and inserting in lieu thereof the words
"political subdivision";
On page four, subsections 4.5., by striking out the words
"Political Subdivisions" and inserting in lieu thereof the words
"political subdivisions";
On page five, subdivisions 5.5.(a) and 5.5(e), by striking out
the word "Services" and inserting in lieu thereof the word
"services";
On page five, subdivisions 5.5.(b) and 5.5.(f), by striking
out the words "Political Subdivision" and inserting in lieu thereof
the words "political subdivision";
On page five, subdivision 5.5.(c), by striking out the words
"Political Subdivision" and inserting in lieu thereof the words "political subdivision" and by striking out the word "Services" and
inserting in lieu thereof the word "services";
On page five, subdivision 5.5.(d), by striking out the words
"Political Subdivisions" and inserting in lieu thereof the words
"political subdivisions" and by striking out the word "Services"
and inserting in lieu thereof the word "services";
On page five, subdivision 5.5.(g), by striking out the words
"Political Subdivision" and inserting in lieu thereof the words
"political subdivision" and by striking out the words "Political
Subdivisions" and inserting in lieu thereof the words "political
subdivisions";
On page five, subsection 5.2., by striking out the words
"Political Subdivision" and inserting in lieu thereof the words
"political subdivision";
On page five, subsection 6.1., by striking out the words
"Political Subdivision" and inserting in lieu thereof the words
"political subdivision"; by striking out the word "Services" and
inserting in lieu thereof the word "services"; and by striking out
the words "Convenience Fee" and inserting in lieu thereof the words
"convenience fee";
And,
On page five, subsection 6.2., by striking out the words
"Convenience Fee" and inserting in lieu thereof the words
"convenience fee".
§64-9-16. Board of Veterinary Medicine.
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 ten, chapter thirty of this
code, modified by the Board of Veterinary Medicine to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twentieth day of October, two
thousand six, relating to the Board of Veterinary Medicine
(registration of veterinary technicians, 26 CSR 3) is authorized
with the following amendments:
On page one, subsection 1.2., by striking out "30-10-7" and
inserting in lieu thereof "30-10-1 and §30-10-4";
On page one, subsection 2.2, after the words "physically
present and", by striking out the words "that he or she is within
proper visual or audible distance to adequately" and inserting in
lieu thereof the words "within adequate visual and audible distance
to";
On page one, subsection 2.3., lines one and two, by striking
out the words "under the direction of a veterinarian";
On page one, subsection 2.3, after the words "veterinarian
who", by striking out the words "may or may not be physically
present." and inserting in lieu thereof the words "is physically
present in the building where and when the procedures are being
performed.";
On page two, subsection 3.1., after the word "Technology", by
striking out the comma;
On page three, subsection 9.B, after subdivision (10), by
inserting the word "and" and a new subdivision (11) to read as
follows:
"(11) Perform external suturing.";
On page seven, subsection 15.1, after the words "veterinary
technology" by inserting a comma and the words "at least four (4)
of which must be in the field of veterinary science,"; and,
On page nine, subdivision 16.1.b., after the words "continuing
education hours" by inserting a comma and the words "at least four
(4) of which must be in the field of veterinary science".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 319, 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. 319) 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 S. B. No. 319 ) 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. 336, Relating to higher education
generally.
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 thirteen, section one, after line one hundred sixty-
three, by adding a new subsection, designated subsection (o), to
read as follows:
(o) Notwithstanding any provision of this code to the
contrary, Blue Ridge Community and Technical College is a free-
standing community and technical college and not administratively
linked to any other institution.;
On page twenty-one, section four, after line fifty-one, by
inserting the following:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-4b. Additional fee waivers for health sciences and
technology academy programs.
(a)
For students who are residents of West Virginia and who
successfully complete the health sciences and technology academy
affiliated programs, and
In in addition to the number of fee
waivers permitted in sections five and six of this article for
undergraduate, graduate and professional schools, each state
institution of higher education may shall waive all fees. or any
part thereof;
for students who are residents of West Virginia and who successfully complete the health sciences and technology
academy affiliated programs
(b) For purposes of this section, "Health Sciences and
Technology Academy Programs" means those programs in the health
sciences designed to assist junior high and high school students in
conjunction with their parents and teachers, to enhance their
knowledge and abilities in subject matters which will further a
career in the field of health sciences.
(c)
Pursuant to the provisions of article ten, chapter four of
this code, the health science and technology academy waiver program
shall continue to exist until the first day of July, two thousand
ten unless sooner terminated, continued or reestablished; and
(d) The health science and technology academy shall report to
the Joint Commission on Government and Finance annually beginning
in July of two thousand eight all students who have received a
tuition waiver , the schools from which they received the tuition
waiver, the value of the tuition waiver and additional information
determined to be essential to the waiver program.;
By striking out
the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §18B-5-8 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-3 of said code be amended and reenacted;
that §18B-2A-1 of said code be amended and reenacted; that §18B-2B-
3 and §18B-2B-5 of said code be amended and reenacted; that §18B-9-
4 of said code be amended and reenacted; that §18B-10-4b of said
code be amended and reenacted;
that §18C-3-1 of said code be
amended and reenacted; and that §18C-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. 336--A Bill
to repeal §18B-5-8 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§18B-1B-3 of said code; to amend and reenact §18B-2A-1 of said
code; to amend and reenact §18B-2B-3 and §18B-2B-5 of said code; to
amend and reenact §18B-9-4 of said code; to amend and reenact §18B-10-4b of said code; to amend and reenact §18C-3-1 of said
code; and to amend and reenact §18C-7-6 of said code, all relating
to higher education generally; Higher Education Policy Commission;
West Virginia Council for Community and Technical College
Education; institutional boards of governors; providing for
election of officers; terms of office; meetings; criteria for
setting chancellor's salary; authorizing salary increases for
certain classified employees under certain circumstances; requiring
tuition and mandatory fee waivers for certain students;
establishing a reporting requirement and sunset requirement;
increasing portion of a medical student loan that may be cancelled
under certain circumstances; clarifying authority to promulgate
rules governing operation of PROMISE scholarship; establishing that
Blue Ridge Community and Technical College is a free-standing
college; and deleting obsolete language.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 336) 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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Senate Bill No. 441, Relating to wind power projects tax
treatment.
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 twenty-one, section two-p, line forty-nine, by
striking out "(3)" and inserting in lieu thereof "(2)";
On page twenty-four, section two-p, lines one hundred six
through one hundred nine, by striking out subdivision (2) in its
entirety and inserting in lieu thereof the following:
"(2) The credit allowed under this section may be applied
annually, beginning on the later of:";
And,
On page twenty-five, section two-p, after line one hundred
twenty-three, by inserting a new subdivision, designated
subdivision (4), to read as follows:
(4) Credit to which a taxpayer is entitled under this section
shall be applied in an order and sequence such that the credit
earned earliest in time shall be applied first in any tax year to
offset tax under this section.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 441, 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. 441) 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, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 521, Relating to civil
penalties issued for criminal and civil violations in
Hatfield-McCoy Regional Recreation Area.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, by striking out the section caption and inserting
in lieu thereof a new section caption, to read as follows:
§20-14-8. Violation of rules; criminal and civil penalties; fund
established.
;
On page two, section eight, line five, after the word
"offense." by striking out the following: Circuit court,
magistrate court and municipal court have concurrent jurisdiction
over misdemeanor violations.;
On page two, section eight, lines eight through fourteen, by
striking out all of subsection (b);
And relettering the remaining subsections;
On page three, section eight, lines twenty-eight through
thirty-nine, by striking out the following: The clerk of the
circuit court, magistrate court or municipal court in which the
civil penalties for misdemeanors are imposed shall, on or before
the last day of each month, transmit the civil penalties to the
State Treasurer to the credit of the Hatfield-McCoy Recreation Area
Fund. Expenditures for purposes set forth in this section are not
authorized from collections but are to be made only in accordance
with appropriation and in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the
provisions set forth in article two, chapter eleven-b of this
code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 521--A Bill to amend and
reenact §20-14-8 of the Code of West Virginia, 1931, as amended,
relating to civil and criminal penalties within the Hatfield-McCoy
Regional Recreation Area; establishing civil penalty fund; and
providing for criminal penalties for certain offenses.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 521, 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. 521) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2007, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 523, Consolidating and
eliminating certain Division of Motor Vehicles' fees.
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 eighty-six through ninety-four, section ten, by
striking out all of lines one through one hundred sixty;
On pages ninety-four through ninety-six, by striking out all
of section seven and inserting in lieu thereof the following:
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by any insurance company
or insurer, and upon payment of an agreed price as a claim
settlement a total loss claim to any insured or claimant owner for
the purchase of the vehicle, the insurance company or the insurer,
as a condition of the payment, shall receive require the owner to
surrender the certificate of title: and the vehicle except that Provided, That an insured or claimant owner may choose to retain
physical possession and ownership of a cosmetically damaged total
loss vehicle. If the vehicle owner chooses to retain the vehicle
and the vehicle has not been determined to be a cosmetic total loss
in accordance with subsection (d) of this section, the insurance
company or insurer shall also require the owner to surrender the
vehicle registration certificate. as provided in subdivision (2)
of this subsection. The term "total loss" means a motor vehicle
which has sustained damages equivalent to seventy-five percent or
more of the market value as determined by a nationally accepted
used car value guide or meets the definition of a flood-damaged
vehicle as defined in this section.
(b) The insurance company or insurer shall, within ten days
prior to the payment of the total loss claim, determine if the
vehicle is repairable, cosmetically damaged or nonrepairable.
Within ten days of payment of the total loss claim, the insurance
company or insurer shall and surrender the certificate of title,
and a copy of the claim settlement, a completed application on a
form prescribed by the commissioner and the registration
certificate if the owner has chosen to keep the vehicle to the
Department of Motor Vehicles.
(c) If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a "salvage
certificate", on a form prescribed by the commissioner, in the name of the insurance company or the insurer or the vehicle owner if the
owner has chosen to retain the vehicle. The certificate shall
contain on the reverse thereof spaces for one successive assignment
before a new certificate at an additional fee is required. (1)
Upon the sale of the vehicle, the insurance company or insurer or
the vehicle owner if the owner has chosen to retain the vehicle
shall endorse complete the assignment of ownership on the salvage
certificate and deliver it to the purchaser. The vehicle shall not
be titled or registered for operation on the streets or highways of
this state unless there is compliance with subsection (c) (g) of
this section. The division shall charge a fee of fifteen dollars
for each salvage title issued.
(2) (d) If the insurance company or insurer determines the
damage to a totaled vehicle is exclusively cosmetic and no repair
is necessary in order to legally and safely operate the motor
vehicle on the roads and highways of this state, the insurance
company or insurer shall upon payment of the claim settlement
submit the certificate of title to the division. Neither the
insurance company nor the division may require the vehicle owner to
surrender the registration certificate in the event of a cosmetic
total loss settlement.
(A) (1) The division shall, without further inspection, issue
a title branded "cosmetic total loss" to the insured or claimant
owner if the insured or claimant owner wishes to retain possession of the vehicle, in lieu of a "salvage certificate". The division
shall charge A a fee of five dollars shall be charged for each
"cosmetic total loss" title issued. The terms "cosmetically
damaged" and "cosmetic total loss" do not include any vehicle which
has been damaged by flood or fire. The designation "cosmetic total
loss" on a title cannot may not be changed removed.
(B) (2) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of fifteen dollars for each cosmetic
total loss salvage certificate issued. The division shall, upon
surrender of the cosmetic total loss salvage certificate issued
under the provisions of this paragraph and payment of the five
percent privilege tax on the fair market value of the vehicle as
determined by the commissioner, issue a title branded "cosmetic
total loss" without further inspection.
(3) (e) If the insurance company or insurer determines that
the damage to a totaled vehicle renders it nonrepairable, incapable
of safe operation for use on roads and highways and which has no
resale value except as a source of parts or scrap, the insurance
company or vehicle owner shall, in the manner prescribed by the
commissioner, request that the division issue a nonrepairable motor
vehicle certificate in lieu of a salvage certificate. The division shall issue a nonrepairable motor vehicle certificate without
charge.
(b) (f) Any owner who scraps, compresses, dismantles or
destroys a vehicle for which a certificate of title, nonrepairable
motor vehicle certificate or salvage certificate has been issued
shall, within twenty days, surrender the certificate of title,
nonrepairable motor vehicle certificate or salvage certificate to
the division for cancellation. Any person who purchases or
acquires a vehicle as salvage or scrap, to be dismantled,
compressed or destroyed, shall within twenty days surrender the
certificate to the division.
(c) (g) If the motor vehicle is a "reconstructed vehicle" as
defined in this section or section one, article one of this
chapter, it may not be titled or registered for operation until it
has been inspected by an official state inspection station and by
a representative of the Division of Motor Vehicles. who has been
designated by the commissioner as an investigator Following an
approved inspection, an application for a new certificate of title
may be submitted to the division; however, the applicant shall be
required to retain all receipts for component parts, equipment and
materials used in the reconstruction. The salvage certificate must
shall also be surrendered to the division before a certificate of
title may be issued with the appropriate brand.
(d) (h) The owner or title holder of any motor vehicle titled in this state which has previously been branded in this state or
another state as "salvage", "reconstructed", "cosmetic total loss",
"cosmetic total loss salvage", "flood" or "fire" or an equivalent
term under another state's laws shall, upon becoming aware of the
brand, apply for and receive a title from the Division of Motor
Vehicles on which the brand "reconstructed", "salvage", "cosmetic
total loss", "cosmetic total loss salvage", "flood" or "fire" is
shown. A The division shall charge a fee of five dollars will be
charged for each title so issued.
(e) (i) If application is made for title to a motor vehicle,
the title to which has previously been branded "reconstructed",
"salvage", "cosmetic total loss", "cosmetic total loss salvage",
"flood" or "fire" by the Division of Motor Vehicles under this
section and said application is accompanied by a title from another
state which does not carry the brand, the division shall, before
issuing the title, affix the brand "reconstructed", "cosmetic total
loss", "cosmetic total loss salvage", "flood" or "fire" to the
title. The privilege tax paid on a motor vehicle titled as
"reconstructed", "cosmetic total loss", "flood" or "fire" under the
provisions of this section shall be based on fifty percent of the
fair market value of the vehicle as determined by a nationally
accepted used car value guide to be used by the commissioner.
(f) (j) The division shall charge a fee of fifteen dollars for
the issuance of each salvage certificate or cosmetic total loss salvage certificate but shall not require the payment of the five
percent privilege tax. However, upon application for a certificate
of title for a reconstructed, cosmetic total loss, flood or fire
damaged vehicle, the division shall collect the five percent
privilege tax on the fair market value of the vehicle as determined
by the commissioner unless the applicant is otherwise exempt from
the payment of such privilege tax. A wrecker/dismantler/rebuilder
licensed by the division is exempt from the payment of the five
percent privilege tax upon titling a reconstructed vehicle. The
division shall collect a fee of thirty-five dollars per vehicle for
inspections of reconstructed vehicles. These fees shall be
deposited in a special fund created in the State Treasurer's office
and may be expended by the division to carry out the provisions of
this article: Provided, That on and after the first day of July,
two thousand seven, any balance in the special fund and all fees
collected pursuant to this section shall be deposited in the State
Road Fund. Licensed wreckers/dismantlers/rebuilders may charge a
fee not to exceed twenty-five dollars for all vehicles owned by
private rebuilders which are inspected at the place of business of
a wrecker/dismantler/rebuilder.
(k) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions
of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.
(l) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner
receives an insurance claim settlement for a totaled vehicle.
(g) (m) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood- or fire-
damaged vehicle.
(n) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate or who
knowingly fails to disclose to the division information required by
this section to be included in the application or who otherwise
violates the provisions of this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall for each incident
be fined not less than five hundred dollars nor more than one
thousand dollars nor more than two thousand five hundred dollars,
or imprisoned in the county jail for not more than one year, or both fined and imprisoned.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-7. Surrender of evidence of registration, etc., upon
cancellation, suspension or revocation; willful
failure or refusal to surrender; fee for
reinstatement.
(a) Whenever the registration of a vehicle, a certificate of
title, a registration card, registration plate or plates, a
temporary registration plate or marker, the right to issue
temporary registration plates or markers, any nonresident or other
permit or any license certificate or dealer special plates issued
under the provisions of article six of this chapter is canceled,
suspended or revoked as authorized in this chapter, the owner,
holder or other person in possession of the evidences of the
registration, title, permit or license or any special dealer plates
shall, except as otherwise provided in article six of this chapter,
immediately return the evidences of the registration, title, permit
or license that was canceled, suspended or revoked, together with
any dealer special plates relating to any license certificate, or
any dealer special plate or plates if only the dealer special plate
is suspended, to the division: Provided, That the owner or holder
shall, before reinstatement, pay a fee of ten dollars in addition
to all other fees, which shall be collected by the division and credited to a special revolving fund in the State Treasury to be
appropriated to the division for use in enforcement of the
provisions of this code: Provided, however, That on and after the
first day of July, two thousand seven, any balance in the special
revolving fund and all fees collected pursuant to this section
shall be deposited in the Motor Vehicle Fees Fund created in
section twenty-one, article two of this chapter.
(b) If any person willfully fails or refuses to return to the
division the evidences of the registration, title, permit or
license that have been canceled, suspended or revoked, or any
dealer special plates, when obligated so to do as provided in this
section, the commissioner shall immediately notify the
Superintendent of the State Police who shall, as soon as possible,
secure possession of the evidence of registration, title, permit or
license or any special dealer plates and return it to the division.
The Superintendent of the State Police shall make a report in
writing to the commissioner, within two weeks after being notified
by the commissioner, as to the result of his or her efforts to
secure the possession and return of the evidences of registration,
title, permit or license, or any dealer special plates.
(c) If any commercial motor carrier willfully fails or refuses
to return to the division the evidences of the registration that
have been suspended or revoked as provided in this section, the
commissioner shall immediately notify the Public Service Commission which shall, as soon as possible, secure possession of the evidence
of registration and return it to the division. The Public Service
Commission shall make a report in writing to the commissioner,
within two weeks after being notified by the commissioner, as to
the result of its efforts to secure the possession and return of
the evidences of registration.
(d) For each registration, certificate of title, registration
card, registration plate or plates, temporary registration plate or
marker, permit, license certificate or dealer special plate, which
the owner, holder or other person in possession of the
registration, title, permit or license or any special dealer plates
shall have willfully failed or refused, as provided in this
section, to return to the division within ten days from the time
that the cancellation, suspension or revocation becomes effective,
and which has been certified to the Superintendent of the State
Police as specified in this section, the owner or holder shall,
before the registration, title, permit or license or any special
dealer plates may be reinstated, if reinstatement is permitted, in
addition to all other fees and charges, pay a fee of fifteen
dollars, which shall be collected by the Division of Motor
Vehicles, paid into the State Treasury and credited to the General
Fund to be appropriated to the State Police for application in the
enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation,
suspension or revocation relates. Provided, That
(e) When any motor vehicle registration is suspended for
failure to maintain motor vehicle liability insurance the
reinstatement fee is one hundred dollars, and if the vehicle owner
fails to surrender the vehicle registration and the orders go to
the State Police, an additional fee of fifty dollars shall be
required before the motor vehicle registration may be reinstated.
A total of one hundred fifty dollars may be collected on each
reinstatement of any motor vehicle registration canceled, suspended
or revoked for failure to maintain motor vehicle liability
insurance.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-8. Vehicles exempt from payment of registration fees.
The following specified vehicles shall be exempt from the
payment of any registration fees:
(1) Any vehicle owned or operated by the United States
government, the state of West Virginia or any of their political
subdivisions. The proper representative of the United States
government, the state of West Virginia, or any of their political
subdivisions shall make an application for registration for the
vehicle and the registration plate or plates issued for the vehicle
shall be displayed as provided in this chapter;
(2) Any fire vehicle owned or operated by a volunteer fire department organized for the protection of community property;
(3) Any ambulance or any other emergency rescue vehicle owned
or operated by a nonprofit, charitable organization, and used
exclusively for charitable purposes;
(4) Any vehicle owned by a disabled veteran as defined by the
provisions of Public Law 663 of the 79th Congress of the United
States, or Public Law 187 of the 82nd Congress of the United
States, or Public Law 77 of the 90th Congress of the United States;
except for vehicles used for hire which are owned by disabled
veterans;
(5) Not more than one vehicle owned by a veteran with a
hundred percent total and permanent service-connected disability as
certified by the director of the Department of Veterans' Affairs of
West Virginia and not used for commercial purposes;
(6) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a former prisoner of war
and not used for commercial purposes. For purposes of this
subdivision, the term "prisoner of war" means any member of the
armed forces of the United States, including the United States
coast guard and national guard, who was held by any hostile force
with which the United States was actually engaged in armed conflict
during any period of the incarceration; or any person, military or
civilian, assigned to duty on the U. S. S. Pueblo who was captured
by the military forces of North Korea on the twenty-third of January, one thousand nine hundred sixty-eight, and thereafter held
prisoner; except any person who, at any time, voluntarily,
knowingly and without duress, gave aid to or collaborated with or
in any manner served any such hostile force; and
(7) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a recipient of the
congressional medal of honor and not used for commercial purposes;
and
(8) Vehicles registered in the name of community action
agencies and used exclusively for a Head Start program.;
By striking out the enacting section and inserting in lieu
thereof a new enacting section,
to read as follows:
That §17A-2-21 and §17A-2-23 of the Code of West Virginia,
1931, as amended, be amended and reenacted; that §17A-3-3 and
§17A-3-14 of said code be amended and reenacted; that §17A-4-10 of
said code be amended and reenacted; that §17A-9-7 of said code be
amended and reenacted; that §17A-10-8 of said code be amended and
reenacted; that §17B-2-7c of said code be amended and reenacted;
that §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code be amended
and reenacted; that §17E-1-23 of said code be amended and
reenacted; and that §20-7-12 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. Com. Sub. for Senate Bill No. 523--A Bill to amend and
reenact §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-3-3 and §17A-3-14 of said
code; to amend and reenact §17A-4-10 of said code; to amend and
reenact §17A-9-7 of said code; to amend and reenact §17A-10-8 of
said code; to amend and reenact §17B-2-7c of said code; to amend
and reenact §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to
amend and reenact §17E-1-23 of said code; and to amend and reenact
§20-7-12 of said code, all relating to the consolidation and
elimination of certain fees collected by the Division of Motor
Vehicles.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 523, 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. 523) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect July 1, 2007.
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. 523) takes effect July 1, 2007.
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, 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. 541, Relating
to public school finance.
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 §18-9A-2, §18-9A-11 and §18-9A-15 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
18-9A-2. Definitions.
For the purpose of this article:
(a) "State board" means the West Virginia Board of Education.
(b) "County board" or "board" means a county board of
education.
(c) "Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article four,
chapter eighteen-a of this code.
(d) "Professional educator" shall be synonymous with and shall
have the same meaning as "teacher" as defined in section one,
article one, chapter eighteen of this code.
(e) "Professional instructional personnel" means a
professional educator whose regular duty is as that of a classroom
teacher, librarian, counselor, attendance director, school psychologist or school nurse with a bachelors degree and who is
licensed by the West Virginia Board of Examiners for Registered
Professional Nurses. A professional educator having both
instructional and administrative or other duties shall be included
as professional instructional personnel for that ratio of the
school day for which he or she is assigned and serves on a regular
full-time basis in appropriate instruction, library, counseling,
attendance, psychologist or nursing duties.
(f) "Service personnel salaries" shall mean means the state
legally mandated salaries for service personnel as provided in
section eight-a, article four, chapter eighteen-a of this code.
(g) "Service personnel" shall mean means all personnel as
provided for in section eight, article four, chapter eighteen-a of
this code. For the purpose of computations under this article of
ratios of service personnel to adjusted enrollment, a service
employee shall be counted as that number found by dividing his or
her number of employment days in a fiscal year by two hundred:
Provided, That the computation for any such service person employed
for three and one-half hours or less per day as provided in section
eight-a, article four, chapter eighteen-a of this code shall be
calculated as one half an employment day.
(h) "Net enrollment" means the number of pupils enrolled in
special education programs, kindergarten programs and grades one to
twelve, inclusive, of the public schools of the county. Commencing with the school year beginning on the first day of July, one
thousand nine hundred eighty-eight, Net enrollment further shall
include adults enrolled in regular secondary vocational programs
existing as of the effective date of this section subject to the
following: Provided, That
(1) Net enrollment shall include includes no more than one
thousand such of those adults counted on the basis of full-time
equivalency and apportioned annually to each county in proportion
to the adults participating in regular secondary vocational
programs in the prior year counted on the basis of full-time
equivalency; and Provided, however, That No
(2) Net enrollment does not include any adult charged tuition
or special fees beyond that required of the regular secondary
vocational student. is charged for such adult students.
(l) "Adjusted enrollment" means the net enrollment plus twice
the number of pupils enrolled for special education. Commencing
with the school year beginning on the first day of July, one
thousand nine hundred ninety, adjusted enrollment means the net
enrollment plus twice the number of pupils enrolled for special
education, including exceptional gifted plus the number of pupils
in grades nine through twelve enrolled for honors and advanced
placement programs, plus the number of pupils enrolled on the first
day of July, one thousand nine hundred eighty-nine, in the gifted
program in grades nine through twelve: Provided, That commencing with the school year beginning on the first day of July, one
thousand nine hundred ninety, no more than four percent of net
enrollment of grades one through eight may be counted as enrolled
in gifted education and no more than six percent of net enrollment
of grades nine through twelve may be counted as enrolled in gifted
education, exceptional gifted education (subject to the limitation
set forth in section one, article twenty of this chapter) and
honors and advanced placement programs for the purpose of
determining adjusted enrollment within a county: Provided, however,
That nothing herein shall be construed to limit the number of
students who may actually enroll in gifted, honors or advanced
placement education programs in any county: Provided further, That
until the school year beginning on the first day of July, one
thousand nine hundred ninety-two, the preceding percentage
limitations shall not restrict the adjusted enrollment definition
for a county to the extent that those limitations are exceeded by
students enrolled in gifted education programs on the first day of
July, one thousand nine hundred eighty-nine: And provided further,
That no pupil may be counted more than three times for the purpose
of determining adjusted enrollment. Such enrollment shall be
adjusted to the equivalent of the instructional term and in
accordance with such eligibility requirements and rules as
established by the state board. No pupil shall be counted more than
once by reason of transfer within the county or from another county within the state, and no pupil shall be counted who attends school
in this state from another state.
(j) "Levies for general current expense purposes" means
ninety-eight ninety-four percent of the levy rate for county boards
of education calculated or set by the Legislature pursuant to the
provisions of section six-f, article eight, chapter eleven of this
code.
"Basic resources per pupil" for the state and the several
counties means the total of (a) ninety-five percent of the property
tax revenues computed at the levy rate for county boards of
education calculated or set by the Legislature pursuant to the
provisions of section six-f, article eight, chapter eleven of this
code, but excluding revenues from increased levies as provided in
section ten, article X of the Constitution of West Virginia, and
(b) basic state aid as provided in sections twelve and thirteen of
this article, but excluding the foundation allowance to improve
instructional programs as provided in section ten of this article,
and excluding any funds appropriated for the purpose of achieving
salary equity among county board employees, this total divided by
the number of students in adjusted enrollment: Provided, That
beginning with the school year commencing on the first day of July,
one thousand nine hundred ninety-one, and thereafter, the
foundation allowance for transportation costs as provided in
section seven of this article shall also be excluded and the total shall be divided by the number of students in net enrollment:
Provided, however, That any year's allocations to the counties of
the eighty percent portion of the foundation allowance to improve
instructional programs, as provided in section ten of this article,
shall be determined on the basis of the immediately preceding
school year's basic resources per pupil.
§18-9A-11. Computation of local share; appraisal and assessment
of property.
(a) On the basis of each county's certificates of valuation
as to all classes of property as determined and published by the
assessors pursuant to section six, article three, chapter eleven of
this code for the next ensuing fiscal year in reliance upon the
assessed values annually developed by each county assessor pursuant
to the provisions of articles one-c and three of said chapter, the
state board shall for each county compute by application of the
levies for general current expense purposes, as defined in section
two of this article, the amount of revenue which the levies would
produce if levied upon one hundred percent of the assessed value of
each of the several classes of property contained in the report or
revised report of the value, made to it by the tax commissioner as
follows:
(1) The state board shall first take ninety-five percent of
the amount ascertained by applying these rates to the total
assessed public utility valuation in each classification of property in the county.
(2) The state board shall then apply these rates to the
assessed taxable value of other property in each classification in
the county as determined by the tax commissioner and shall deduct
therefrom five percent as an allowance for the usual losses in
collections due to discounts, exonerations, delinquencies and the
like. All of the amount so determined shall be added to the
ninety-five percent of public utility taxes computed as provided in
subdivision (1) of this subsection and this total shall be further
reduced by the amount due each county assessor's office pursuant to
the provisions of section eight, article one-c, chapter eleven of
this code and this amount shall be the local share of the
particular county.
As to any estimations or preliminary computations of local
share that may be required prior to the report to the Legislature
by the tax commissioner, the state board of education shall use the
most recent projections or estimations that may be available from
the tax department for that purpose.
(b) Whenever in any year a county assessor or a county
commission shall fail or refuse to comply with the provisions of
this section in setting the valuations of property for assessment
purposes in any class or classes of property in the county, the
state tax commissioner shall review the valuations for assessment
purposes made by the county assessor and the county commission and shall direct the county assessor and the county commission to make
corrections in the valuations as necessary so that they shall
comply with the requirements of chapter eleven of this code and
this section and the tax commissioner shall enter the county and
fix the assessments at the required ratios. Refusal of the
assessor or the county commission to make the corrections
constitutes grounds for removal from office.
(c) For the purposes of any computation made in accordance
with the provisions of this section, in any taxing unit in which
tax increment financing is in effect pursuant to the provisions of
article eleven-b, chapter seven of this code, the assessed value of
a related private project shall be the base assessed value as
defined in section two of said article.
(d) For purposes of any computation made in accordance with
the provisions of this section, in any county where the county
board of education has adopted a resolution choosing to use the
provisions of the growth county school facilities act set forth in
section six-f, article eight, chapter eleven of this code,
estimated school board revenues generated from application of the
regular school board levy rate to new property values, as that term
is designated in said section, may not be considered local share
funds and shall be subtracted before the computations in
subdivisions (1) and (2), subsection (a) of this section are made.
(e) The Legislature finds that public school systems throughout the state provide support in varying degrees to public
libraries through a variety of means including budgeted
allocations, excess levy funds and portions of their regular school
board levies as may be provided by Special Act. A number of public
libraries are situated on the campuses of public schools and
several are within public school buildings serving both the
students and public patrons. To the extent that public schools
recognize and choose to avail the resources of public libraries
toward developing within their students such legally recognized
elements of a thorough and efficient education as literacy,
interests in literature, knowledge of government and the world
around them and preparation for advanced academic training, work
and citizenship, public libraries serve a legitimate school purpose
and may do so economically. For the purposes of any computation
made in accordance with the provisions of this section, the library
funding obligation on the regular school board levies created by a
Special Act shall be paid from that portion of the levies which
exceeds the proportion determined to be local share. If the
library funding obligation is greater than the amount available in
excess of the county's local share, the obligation created by the
Special Act is reduced to the amount which is available, not
withstanding any provisions of the Special Act to the contrary.
(f) It is the intent of the Legislature that whenever a
provision of subsection (e) of this section is contrary to any Special Act of the Legislature which has been or may in the future
be enacted by the Legislature that creates a library funding
obligation on the regular school board levy of a county, subsection
(e) of this section controls over the Special Act. Specifically,
the Special Acts which are subject to subsection (e) of this
section upon the enactment of this section during the two thousand
seven regular session of the Legislature include:
(1) Enrolled Senate Bill No. 11, passed on the twelfth day of
February, one thousand nine hundred seventy, applicable to the
Berkeley County Board of Education;
(2) Enrolled House Bill No. 1352, passed on seventh day of
April, one thousand nine hundred eighty-one, applicable to the
Hardy County Board of Education;
(3) Enrolled Committee Substitute for House Bill No. 2833,
passed on the fourteenth day of March, one thousand nine hundred
eighty-seven, applicable to the Harrison County Board of Education;
(4) Enrolled House Bill No. 161, passed on the sixth day of
March, one thousand nine hundred fifty-seven, applicable to the
Kanawha County Board of Education;
(5) Enrolled Senate Bill No. 313, passed on the twelfth day
of March, one thousand nine hundred thirty-seven, as amended by
Enrolled House Bill No. 1074, passed on the eighth day of March,
one thousand nine hundred sixty-seven, and as amended by Enrolled
House Bill No. 1195, passed on the eighteenth day of January, one thousand nine hundred eighty-two, applicable to the Ohio County
Board of Education;
(6) Enrolled House Bill No. 938, passed on the twenty-eighth
day of February, one thousand nine hundred sixty-nine, applicable
to the Raleigh County Board of Education;
(7) Enrolled House Bill No. 398, passed on the first day of
March, one thousand nine hundred thirty-five, applicable to the
Tyler County Board of Education;
(8) Enrolled Committee Substitute for Senate Bill No. 450,
passed on the eleventh day of March, one thousand nine hundred
ninety-four, applicable to the Upshur County Board of Education;
and
(9) Enrolled House Bill No. 2994, passed on the thirteenth day
of March, one thousand nine hundred eighty-seven, applicable to the
Wood County Board of Education.
§18-9A-15. Allowance for increased enrollment
; extraordinary
sustained increased enrollment impact supplement.
(a) To provide for the support of increased net enrollments
in the counties in a school year over the net enrollments used in
the computation of total state aid for that year, there shall be
appropriated for that purpose from the general revenue fund an
amount to be determined in accordance with this section as
follows:.
(b) On or before the first day of September, two thousand five, (1) The State Board shall promulgate a rule pursuant to
article three-b, chapter twenty-nine-a of this code that
establishes an objective method for projecting the increase in net
enrollment for each school district. The State Superintendent
shall use the method prescribed by the rule to project the increase
in net enrollment for each school district.
(c) (2) The State Superintendent shall multiply the average
total state aid per net pupil by the sum of the projected increases
in net enrollment for all school districts and report this amount
to the Governor for inclusion in his or her proposed budget to the
Legislature. The Legislature shall appropriate to the West
Virginia Department of Education the amount calculated by the State
Superintendent and proposed by the Governor.
(d) (3) The State Superintendent shall calculate each school
district's share of the appropriation by multiplying the projected
increase in net enrollment for the school district by the average
total state aid per net pupil and shall distribute sixty percent of
each school district's share to the school district on or before
the first day of September of each year. The State Superintendent
shall make a second distribution of the remainder of the
appropriation in accordance with subsection (e) subdivision (4) of
this section.
(e) (4) After the first distribution pursuant to subsection
(d) subdivision (3) of this section is made and after the actual increase in net enrollment is available, the State Superintendent
shall compute the total actual amount to be allocated to each
school district for the year. The total actual amount to be
allocated to each school district for the year is the actual
increase in the school district's net enrollment multiplied by the
average total state aid per net pupil. The State Superintendent
shall make the second distribution to each school district in an
amount determined so that the total amount distributed to the
district for the year, in both the first and second distributions,
equals the actual increase in net enrollment multiplied by the
average total state aid per net pupil. The State Superintendent
shall make the second distribution on or before the thirty-first
day of December of each year: Provided, That if the amount
distributed to a school district during the first distribution is
greater than the total amount to which a district is entitled to
receive for the year, the district shall refund the difference to
the Department of Education prior to the thirtieth day of June of
the fiscal year in which the excess distribution is made.
(f) (5) If the amount of the appropriation for increased
enrollment is not sufficient to provide payment in full for the
total of these several allocations, each county allocation shall be
reduced to an amount which is proportionate to the appropriation
compared to the total of the several allocations and the
allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the Governor shall
request a supplemental appropriation at the next legislative
session for the reduced amount.
(b) To help offset the budgetary impact of extraordinary and
sustained increases in net enrollment in a county, there shall be
included in the basic state aid of any county whose most recent
three-year average growth in second month net enrollment is two
percent or more, an amount equal to one fourth of the state average
per pupil state aid multiplied by the increase in the county's
second month net enrollment in the latest year.
(g) (c) No provision of this section shall be construed to in
any way affect the allocation of moneys for educational purposes to
a county under other provisions of law.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 541--A Bill
to amend and reenact §18-9A-2, §18-9A-11 and §18-9A-15 of the Code
of West Virginia, 1931, as amended, all relating to modifying
definition of levies for general current expense; making certain
finding on support to public libraries; specifying portion of
regular school board levies subject to obligation imposed by
certain Special Acts; explicitly limiting certain Special Acts in
certain circumstances; and providing added funding for counties with certain sustained extraordinary enrollment growth.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for Com.
Sub. for S. B. No. 541) 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 amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2007, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 657, Requiring State Board of Education
incorporate 21st Century Skills Initiative into certain standards.
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 §18-2E-5 and §18-2E-5a of the Code of West Virginia,
1931, as amended, be amended and reenacted; that said code be
further amended by adding thereto a new section, designated §18-2E-
5d; and that §29A-3B-9 and §29A-3B-10 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; education standards;
statewide assessment program; accountability
measures; office of education performance audits;
school accreditation and school system approval;
intervention to correct low performance.
(a) Legislative findings, purpose and intent. -- The
Legislature makes the following findings with respect to the
process for improving education and its purpose and intent in the
enactment of this section:
(1) The process for improving education includes four primary
elements, these being:
(A) Standards which set forth the things knowledge and skills
that students should know and be able to do as the result of a
thorough and efficient education that prepares them for the
twenty-first century, including measurable criteria to evaluate
student performance and progress;
(B) Assessments of student performance and progress toward
meeting the standards;
(C) A system for holding schools and school systems
accountable for student performance and progress toward obtaining
the knowledge and skills intrinsic to a high quality education in the twenty-first century which is delivered in an efficient manner;
and
(D) A method for building the capacity and improving the
efficiency of schools and school systems to improve student
performance and progress.
(2) As the constitutional body charged with the general
supervision of schools as provided by general law, the state board
has the authority and the responsibility to establish the
standards, assess the performance and progress of students against
the standards, hold schools and school systems accountable, and
assist schools and school systems to build capacity and improve
efficiency so that the standards are met, including, when
necessary, seeking additional resources in consultation with the
Legislature and the Governor.
(3) As the constitutional body charged with providing for a
thorough and efficient system of schools, the Legislature has the
authority and the responsibility to establish and be engaged
constructively in the determination of the things knowledge and
skills that students should know and be able to do as the result of
a thorough and efficient education. This determination is made by
using the process for improving education to determine when school
improvement is needed, by evaluating the results and the efficiency
of the system of schools, by ensuring accountability and by
providing for the necessary capacity and its efficient use.
(4) In consideration of these findings, the purpose of this
section is to establish a process for improving education that
includes the four primary elements as set forth in subdivision (1)
of this subsection to provide assurances that the high quality
standards are, at a minimum, being met and that a thorough and
efficient system of schools is being provided for all West Virginia
public school students on an equal education opportunity basis.
(5) The intent of the Legislature in enacting this section and
section five-c of this article is to establish a process through
which the Legislature, the Governor and the state board can work in
the spirit of cooperation and collaboration intended in the process
for improving education to consult and examine the performance and
progress of students, schools and school systems and, when
necessary, to consider alternative measures to ensure that all
students continue to receive the thorough and efficient education
to which they are entitled. However, nothing in this section
requires any specific level of funding by the Legislature.
(b) Unified Electronic county and school strategic improvement
plans. -- The state board shall promulgate a rule consistent with
the provisions of this section and in accordance with article
three-b, chapter twenty-nine-a of this code establishing a unified
an electronic county strategic improvement plan for each county
board and a unified electronic school strategic improvement plan
for each public school in this state. Each respective plan shall be a five-year plan that includes the mission and goals of the
school or school system to improve student, school or school system
performance and progress, as applicable. The strategic plan shall
be revised annually in each area in which the school or system is
below the standard on the annual performance measures. The revised
annual plan also shall identify any deficiency which is reported on
the check lists identified in paragraph (G), subdivision (5),
subsection (j) (l) of this section including any deficit more than
a casual deficit by the county board. The plan shall be revised
when required pursuant to this section to include each annual
performance measure upon which the school or school system fails to
meet the standard for performance and progress, the action to be
taken to meet each measure, a separate time line and a date certain
for meeting each measure, a cost estimate and, when applicable, the
assistance to be provided by the department and other education
agencies to improve student, school or school system performance
and progress to meet the annual performance measure.
The department shall make available to all public schools
through its website or the West Virginia education information
system an electronic unified school strategic improvement plan
boilerplate designed for use by all schools to develop a unified
electronic school strategic improvement plan which incorporates all
required aspects and satisfies all improvement plan requirements of
the No Child Left Behind Act.
(c) High quality education standards and efficiency standards.
-- In accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, the state board shall adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance and progress;
(12) School and school system performance and progress;
(13) A code of conduct for students and employees;
(14) Indicators of efficiency; and
(15) Any other areas determined by the state board.
The standards, as applicable, shall incorporate the state's
21st Century Skills Initiative and shall assure that graduates are
prepared for continuing post-secondary education, training and work and that schools and school systems are making progress toward
achieving the education goals of the state.
(d) Comprehensive statewide student assessment program. -- The
state board shall promulgate a rule in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code
establishing a comprehensive statewide student assessment program
to assess student performance and progress in grades three through
twelve. The state board may require that student proficiencies be
measured through the West Virginia writing assessment at any of the
grade levels four, seven and eleven determined by the state board
to be appropriate. The state board may provide through the
statewide assessment program other testing or assessment
instruments applicable to grade levels kindergarten through grade
twelve which may be used by each school upon approval by the school
curriculum team to promote student achievement. The use of
assessment results are subject to the following:
(1) The assessment results for grade levels three through
eight and eleven are the only assessment results which may be used
for determining whether any school or school system has made
adequate yearly progress (AYP);
(2) Only the assessment results in the subject areas of
reading/language arts and mathematics may be used for determining
whether a school or school system has made adequate yearly progress
(AYP);
(3) The results of the West Virginia writing assessment may
not be used for determining whether a school or school system has
made adequate yearly progress (AYP);
(4) The results of testing or assessment instruments provided
by the State Board for optional use by schools and school systems
to promote student achievement may not be used for determining
whether a school or school system has made adequate yearly progress
(AYP); and
(5) All assessment provisions of the comprehensive statewide
student assessment program in effect for the school year two
thousand six--two thousand seven shall remain in effect until
replaced by the state board rule.
(d) (e) Annual performance measures for Public Law 107-110,
the Elementary and Secondary Education Act of 1965, as amended (No
Child Left Behind Act of 2001). -- The standards shall include
annual measures of student, school and school system performance
and progress for the grade levels and the content areas defined by
the act. The following annual measures of student, school and
school system performance and progress shall be the only measures
for determining school accreditation and school system approval
whether adequately yearly progress under the No Child Left Behind
Act has been achieved:
(1) The acquisition of student proficiencies as indicated by
student performance and progress in grades three through eight, inclusive, and grade ten shall be measured by a uniform statewide
assessment program on the required accountability assessments at
the grade levels and content areas as required by the act subject
to the limitations set forth in subsection (d) of this section.
The indicators for student progress in reading and mathematics in
grades kindergarten through second grade shall be measured by the
informal assessment established by the West Virginia Department of
Education or other assessments, as determined by the school
curriculum team. If the school fails to meet adequate yearly
progress in reading or mathematics for two consecutive years, the
county superintendent, the school principal and the school
curriculum team shall decide whether a different assessment should
be used to verify that benchmarks are being met. If the county
superintendent, the school principal and the school curriculum team
differ on what assessment is used, then each entity shall have one
vote. Furthermore, the state board may require that student
proficiencies be measured through the West Virginia writing
assessment at any of the grades that are determined by the state
board to be appropriate. It is the intent of the Legislature that
in the future a grade eleven uniform statewide assessment be
administered in lieu of the grade ten uniform statewide assessment.
The state board shall perform an analysis of the costs and the
benefits of administering the grade eleven uniform statewide
assessment in lieu of the grade ten uniform statewide assessment. The analysis shall include a review of the need for end of course
exams in grades nine through twelve. The state board shall report
the results of the analysis to the legislative oversight commission
on education accountability. The state board may provide other
testing or assessment instruments applicable to grade levels
kindergarten through grade twelve through the statewide assessment
program for optional use by each school as determined by the school
curriculum team to measure student performance and progress;
(2) The student participation rate in the uniform statewide
assessment must be at least ninety-five percent or the average of
the participation rate for the current and the preceding two years
is ninety-five percent for the school, county and state;
(2) (3) Only for schools that do not include grade twelve, the
school attendance rate which shall be no less than ninety percent
in attendance for the school, county and state. The following
absences shall be excluded:
(A) Student absences excused in accordance with the state
board rule promulgated pursuant to section four, article eight of
this chapter;
(B) Students not in attendance due to disciplinary measures;
and
(C) Absent students for whom the attendance director has
pursued judicial remedies compelling attendance to the extent of
his or her authority; and
(3) (4) The high school graduation rate which shall be no less
than eighty percent for the school, county and state; or if the
high school graduation rate is less than eighty percent, the high
school graduation rate shall be higher than the high school
graduation rate of the preceding year as determined from
information on the West Virginia education information system on
the fifteenth day of August.
(f) State annual performance measures for school and school
system accreditation. -- The state board shall establish a system
to assess and weigh annual performance measures for state
accreditation of schools and school systems in a manner that gives
credit or points such as an index to prevent any one measure alone
from causing a school to achieve less than full accreditation
status or a school system from achieving less than full approval
status: Provided, That a school or school system that achieves
adequate yearly progress is eligible for no less than full
accreditation or approval status, as applicable, and the system
established pursuant to this subsection shall only apply to schools
and school systems that do not achieve adequate yearly progress.
The following types of measures, as may be appropriate at the
various programmatic levels, may be approved by the state board for
the school and school system accreditation:
(1) The acquisition of student proficiencies as indicated by
student performance and progress on the uniform statewide assessment program at the grade levels as provided in subsection
(d) of this section. The state board may approve providing bonus
points or credits for students scoring at or above mastery and
distinguished levels;
(2) Writing assessment results in grades tested;
(3) School attendance rates;
(4) Percentage of courses taught by highly qualified teachers;
(5) Percentage of students scoring at benchmarks on the
currently tested ACT EXPLORE and ACT PLAN assessments or other
comparable assessments, which are approved by the state board and
provided by future vendors;
(6) Graduation rates;
(7) Job placement rates for vocational programs;
(8) Percent of students passing end-of-course career/technical
tests;
(9) Percent of students not requiring college remediation
classes; and
(10) Bonus points or credits for sub-group improvement,
advanced placement percentages, dual credit completers and
international baccalaureate completers.
(e) (g) Indicators of exemplary performance and progress. --
The standards shall include indicators of exemplary student, school
and school system performance and progress. The indicators of
exemplary student, school and school system performance and progress shall be used only as indicators for determining whether
accredited and approved schools and school systems should be
granted exemplary status. These indicators shall include, but are
not limited to, the following:
(1) The percentage of graduates who declare their intent to
enroll in college and other post-secondary education and training
following high school graduation;
(2) The percentage of graduates who receive additional
certification of their skills, competence and readiness for
college, other post-secondary education or employment above the
level required for graduation; and
(3) The percentage of students who successfully complete
advanced placement, dual credit and honors classes.
(f) (h) Indicators of efficiency. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the state board shall adopt by rule and periodically review and
update indicators of efficiency for use by the appropriate
divisions within the department to ensure efficient management and
use of resources in the public schools in the following areas:
(1) Curriculum delivery including, but not limited to, the use
of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Utilization Use of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency,
or other regional services that may be initiated between and among
participating county boards; and
(7) Any other indicators as determined by the state board.
(g) (i) Assessment and accountability of school and school
system performance and processes. -- In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code,
the state board shall establish by rule a system of education
performance audits which measures the quality of education and the
preparation of students based on the annual measures of student,
school and school system performance and progress. The system of
education performance audits shall provide information to the state
board, the Legislature and the Governor, individually and
collectively as the Process for Improving Education Council, upon
which they may determine whether a thorough and efficient system of
schools is being provided. The system of education performance
audits shall include:
(1) The assessment of student, school and school system
performance and progress based on the annual measures set forth in
subsection (d) of this section;
(2) The evaluation of records, reports and other information collected by the department upon which the quality of education and
compliance with statutes, policies and standards may be determined;
(3) The review of school and school system unified electronic
strategic improvement plans; and
(4) The on-site review of the processes in place in schools
and school systems to enable school and school system performance
and progress and compliance with the standards.
(h) (j) Uses of school and school system assessment
information. -- The state board and the Process for Improving
Education Council established pursuant to section five-c of this
article shall use information from the system of education
performance audits to assist them in ensuring that a thorough and
efficient system of schools is being provided and to improve
student, school and school system performance and progress.
Information from the system of education performance audits further
shall be used by the state board for these purposes, including, but
not limited to, the following:
(1) Determining school accreditation and school system
approval status;
(2) Holding schools and school systems accountable for the
efficient use of existing resources to meet or exceed the
standards; and
(3) Targeting additional resources when necessary to improve
performance and progress.
The state board shall make accreditation information available
to the Legislature, the Governor, the general public and to any
individual who requests the information, subject to the provisions
of any act or rule restricting the release of information.
(i) (k) Early detection and intervention programs. -- Based on
the assessment of student, school and school system performance and
progress, the state board shall establish early detection and
intervention programs using the available resources of the
Department of Education, the regional educational service agencies,
the Center for Professional Development and the Principals Academy,
as appropriate, to assist underachieving schools and school systems
to improve performance before conditions become so grave as to
warrant more substantive state intervention. Assistance shall
include, but is not limited to, providing additional technical
assistance and programmatic, professional staff development,
providing monetary, staffing and other resources where appropriate,
and, if necessary, making appropriate recommendations to the
Process for Improving Education Council.
(j) (l) Office of Education Performance Audits. --
(1) To assist the state board and the Process for Improving
Education Council in the operation of a system of education
performance audits, the state board shall establish an Office of
Education Performance Audits consistent with the provisions of this
section. The Office of Education Performance Audits shall be operated under the direction of the state board independently of
the functions and supervision of the State Department of Education
and state superintendent. The Office of Education Performance
Audits shall report directly to and be responsible to the state
board and the Process for Improving Education Council created in
section five-c of this article in carrying out its duties under the
provisions of this section.
(2) The office shall be headed by a director who shall be
appointed by the state board and who shall serve at the will and
pleasure of the state board. The annual salary of the director
shall be set by the state board and may not exceed eighty percent
of the salary cap of the State Superintendent of Schools.
(3) The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by law and by the state
board. Employees of the State Department of Education who are
transferred to the Office of Education Performance Audits shall
retain their benefits and seniority status with the Department of
Education.
(4) Under the direction of the state board, the Office of
Education Performance Audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance and progress of students, schools and school
systems, and shall receive assistance, as determined by the state
board, from staff at the State Department of Education, the regional education service agencies, the Center for Professional
Development, the Principals Academy and the state School Building
Authority to carry out the duties assigned to the office.
(5) In addition to other duties which may be assigned to it by
the state board or by statute, the Office of Education Performance
Audits also shall:
(A) Assure that all statewide assessments of student
performance used as annual performance measures are secure as
required in section one-a of this article;
(B) Administer all accountability measures as assigned by the
state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems; and
(ii) Recommendations to the state board on appropriate action,
including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the state
board and recommend to the state board and the Process for
Improving Education Council, plans to establish those needed
capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity of schools and school systems to meet the standards established by the state board, including the
identification of trends and the need for continuing improvements
in education, and report those deficiencies and trends to the state
board and the Process for Improving Education Council;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the state board
and make recommendations to the state board, the Process for
Improving Education Council, the Center for Professional
Development, the regional educational service agencies, the Higher
Education Policy Commission and the county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system
performance and make recommendations to the state board and the
Process for Improving Education Council for recognizing and
rewarding exemplary schools and school systems and promoting the
use of best practices. The state board shall provide information
on best practices to county school systems and shall use
information identified through the assessment and accountability
processes to select schools of excellence; and
(G) Develop reporting formats, such as check lists, which
shall be used by the appropriate administrative personnel in
schools and school systems to document compliance with various of the applicable laws, policies and process standards as considered
appropriate and approved by the state board, including, but not
limited to, the following:
(i) The use of a policy for the evaluation of all school
personnel that meets the requirements of sections twelve and
twelve-a, article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate physical
assessments as determined by the state board, which assessment may
not be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel; and
(iv) The school provides multicultural activities.
Information contained in the reporting formats is subject to
examination during an on-site review to determine compliance with
laws, policies and standards. Intentional and grossly negligent
reporting of false information are grounds for dismissal.
(k) (m) On-site reviews. --
(1) The system of education performance audits shall include
on-site reviews of schools and school systems which shall be
conducted only at the specific direction of the state board upon
its determination that the performance and progress of the school
or school system are persistently below standard or that other
circumstances exist that warrant an on-site review. Any discussion
by the state board of schools to be subject to an on-site review or
dates for which on-site reviews will be conducted may be held in executive session and is not subject to the provisions of article
nine-a, chapter six of this code relating to open governmental
proceedings. An on-site review shall be conducted by the Office of
Education Performance Audits of a school or school system for the
purpose of investigating the reasons for performance and progress
that are persistently below standard and making recommendations to
the school and school system, as appropriate, and to the state
board on such measures as it considers necessary to improve
performance and progress to meet the standard. The investigation
may include, but is not limited to, the following:
(A) Verifying data reported by the school or county board;
(B) Examining compliance with the laws and policies affecting
student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation status of
school and school system unified electronic strategic improvement
plans;
(D) Investigating official complaints submitted to the state
board that allege serious impairments in the quality of education
in schools or school systems;
(E) Investigating official complaints submitted to the state
board that allege that a school or county board is in violation of
policies or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews and
inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Health
Department, the School Building Authority and the responsible
divisions within the Department of Education, and whether noted
deficiencies have been or are in the process of being corrected.
The Office of Education Performance Audits may not conduct a
duplicate review or inspection of any compliance reviews or
inspections conducted by the department or its agents or other duly
authorized agencies of the state, nor may it mandate more stringent
compliance measures.
(2) The Director of the Office of Education Performance Audits
shall notify the county superintendent of schools five school days
prior to commencing an on-site review of the county school system
and shall notify both the county superintendent and the principal
five school days prior to commencing an on-site review of an
individual school: Provided, That the state board may direct the
Office of Education Performance Audits to conduct an unannounced
on-site review of a school or school system if the state board
believes circumstances warrant an unannounced on-site review.
(3) The office of education performance audits shall conduct
on-site reviews which are limited in scope to specific areas in
which performance and progress are persistently below standard as
determined by the state board unless specifically directed by the
state board to conduct a review which covers additional areas.
(4) An on-site review of a school or school system shall include a person or persons from the Department of Education or a
public education agency in the state who has expert knowledge and
experience in the area or areas to be reviewed and who has been
trained and designated by the state board to perform such
functions. If the size of the school or school system and issues
being reviewed necessitate the use of an on-site review team or
teams, the person or persons designated by the state board shall
advise and assist the director to appoint the team or teams. The
person or persons designated by the state board shall be the team
leaders.
The persons designated by the state board shall be responsible
for completing the report on the findings and recommendations of
the on-site review in their area of expertise. It is the intent of
the Legislature that the persons designated by the state board
participate in all on-site reviews that involve their area of
expertise, to the extent practicable, so that the on-site review
process will evaluate compliance with the standards in a uniform,
consistent and expert manner.
(5) The Office of Education Performance Audits shall reimburse
a county board for the costs of substitutes required to replace
county board employees while they are serving on a review team.
(6) At the conclusion of an on-site review of a school system,
the director and team leaders shall hold an exit conference with
the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining
to their respective schools. In the case of an on-site review of
a school, the exit conference shall be held with the principal and
curriculum team of the school and the superintendent shall be
provided the opportunity to be present. The purpose of the exit
conference is to review the initial findings of the on-site review,
clarify and correct any inaccuracies and allow the opportunity for
dialogue between the reviewers and the school or school system to
promote a better understanding of the findings.
(7) The Office of Education Performance Audits shall report
the findings of an on-site review to the county superintendent and
the principals whose schools were reviewed within thirty days
following the conclusion of the on-site review. The Office of
Education Performance Audits shall report the findings of the
on-site review to the state board within forty-five days after the
conclusion of the on-site review. A copy of the report shall be
provided to the Process for Improving Education Council at its
request. A school or county that believes one or more findings of
a review are clearly inaccurate, incomplete or misleading,
misrepresent or fail to reflect the true quality of education in
the school or county, or address issues unrelated to the health,
safety and welfare of students and the quality of education, may
appeal to the State Board for removal of the findings. The State
Board shall establish a process for it to receive, review and act upon the appeals. The State Board shall report to the Legislative
Oversight Commission on Education Accountability during its July
interim meetings, or as soon thereafter as practical, on each
appeal during the preceding school year.
(8) The Legislature finds that the accountability and
oversight of the following activities and programmatic areas in the
public schools is controlled through other mechanisms and that
additional accountability and oversight are not only unnecessary
but counterproductive in distracting necessary resources from
teaching and learning. Therefore, notwithstanding any other
provision of this section to the contrary, the following activities
and programmatic areas are not subject to review by the Office of
Education Performance Audits:
(A) Work-based learning;
(B) Use of advisory councils;
(C) Program accreditation and student credentials;
(D) Student transition plans;
(E) Graduate assessment form;
(F) Casual deficit;
(G) Accounting practices;
(H) Transportation services;
(I) Special education services;
(J) Safe, healthy and accessible facilities;
(K) Health services;
(L) Attendance director;
(M) Business/community partnerships;
(N) Pupil-teacher ratio/split grade classes;
(O)Local school improvement council, faculty senate, student
assistance team and curriculum team;
(P) Planning and lunch periods;
(Q) Skill improvement program;
(R) Certificate of proficiency;
(S) Training of county board members;
(T) Excellence in job performance;
(U) Staff development; and
(V) Preventive discipline, character education and student and
parental involvement.
(l) (n) School accreditation. -- The state board annually
shall review the information from the system of education
performance audits submitted for each school and shall issue to
every school one of the following approval levels: Exemplary
accreditation status, distinction accreditation status, full
accreditation status, temporary accreditation status, conditional
accreditation status, or seriously impaired low performing
accreditation status.
(1) Full accreditation status shall be given to a school when
the school's performance and progress meet or exceed the standards
adopted by the state board pursuant to subsection (d) subsection (e) or (f), as applicable, of this section and it does not have any
deficiencies which would endanger student health or safety or other
extraordinary circumstances as defined by the state board. A
school that meets or exceeds the performance and progress standards
but has the other deficiencies shall remain on full accreditation
status for the remainder of the accreditation period and shall have
an opportunity to correct those deficiencies, notwithstanding other
provisions of this subsection.
(2) Temporary accreditation status shall be given to a school
when the school's performance and progress are below the level
required for full accreditation status. Whenever a school is given
temporary accreditation status, the county board shall ensure that
the school's unified electronic strategic improvement plan is
revised in accordance with subsection (b) of this section to
increase the performance and progress of the school to a full
accreditation status level. The revised plan shall be submitted to
the state board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance and progress are below the
level required for full accreditation, but the school's unified
electronic strategic improvement plan meets the following criteria:
(A) The plan has been revised to improve performance and
progress on the standard or standards by a date or dates certain;
(B) The plan has been approved by the state board; and
(C) The school is meeting the objectives and time line
specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance and progress meet or substantially
exceed the standards adopted by the state board pursuant to
subsections (d) and (e) (f) and (g) of this section. The state
board shall promulgate legislative rules in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code
designated to establish standards of performance and progress to
identify exemplary schools.
(5) Distinction accreditation status shall be given to a
school when the school's performance and progress exceed the
standards adopted by the state board. The state board shall
promulgate legislative rules in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code establishing
standards of performance and progress to identify schools of
distinction.
(5) (6) Seriously impaired Low-performing accreditation status
shall be given to a school whenever extraordinary circumstances
exist as defined by the state board.
(A) These circumstances shall include, but are not limited to,
the following:
(i) The failure of a school on temporary accreditation status
to obtain approval of its revised unified electronic school strategic improvement plan within a reasonable time period as
defined by the state board;
(ii) The failure of a school on conditional accreditation
status to meet the objectives and time line of its revised unified
electronic school strategic improvement plan; or
(iii) The failure of a school to meet a standard by the date
specified in the revised plan.
(B) Whenever the state board determines that the quality of
education in a school is seriously impaired low performing, the
state board shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correction of
the impairment low performance. When the state board approves the
recommendations, they shall be communicated to the county board.
If progress in correcting the impairment low performance as
determined by the state board is not made within six months from
the time the county board receives the recommendations, the state
board shall place the county board on temporary approval status and
provide consultation and assistance to the county board to assist
it in the following areas:
(i) Improving personnel management;
(ii) Establishing more efficient financial management
practices;
(iii) Improving instructional programs and rules; or
(iv) Making any other improvements that are necessary to correct the impairment low performance.
(C) If the impairment low performance is not corrected by a
date certain as set by the state board:
(i) The state board shall appoint a monitor who shall be paid
at county expense to cause improvements to be made at the school to
bring it to full accreditation status within a reasonable time
period as determined by the state board. The monitor's work
location shall be at the school and the monitor shall work
collaboratively with the principal. The monitor shall, at a
minimum, report monthly to the state board on the measures being
taken to improve the school's performance and the progress being
made. The reports may include requests for additional assistance
and recommendations required in the judgment of the monitor to
improve the school's performance, including, but not limited to,
the need for targeting resources strategically to eliminate
deficiencies;
(ii) The state board may make a determination, in its sole
judgment, that the improvements necessary to provide a thorough and
efficient education to the students at the school cannot be made
without additional targeted resources, in which case, it shall
establish a plan in consultation with the county board that
includes targeted resources from sources under the control of the
state board and the county board to accomplish the needed
improvements. Nothing in this subsection shall be construed to allow a change in personnel at the school to improve school
performance and progress, except as provided by law;
(iii) If the impairment low performance is not corrected
within one year after the appointment of a monitor, the state board
may make a determination, in its sole judgment, that continuing a
monitor arrangement is not sufficient to correct the impairment low
performance and may intervene in the operation of the school to
cause improvements to be made that will provide assurances that a
thorough and efficient system of schools will be provided. This
intervention may include, but is not limited to, establishing
instructional programs, taking such direct action as may be
necessary to correct the impairments low performance, declaring the
position of principal is vacant and assigning a principal for the
school who shall serve at the will and pleasure of and, under the
sole supervision of, the state board: Provided, That prior to
declaring that the position of the principal is vacant, the state
board must make a determination that all other resources needed to
correct the impairment low performance are present at the school.
If the principal who was removed elects not to remain an employee
of the county board, then the principal assigned by the state board
shall be paid by the county board. If the principal who was
removed elects to remain an employee of the county board, then the
following procedure applies:
(I) The principal assigned by the state board shall be paid by the state board until the next school term, at which time the
principal assigned by the state board shall be paid by the county
board;
(II) The principal who was removed shall be eligible for all
positions in the county, including teaching positions, for which
the principal is certified, by either being placed on the transfer
list in accordance with section seven, article two, chapter
eighteen-a of this code, or by being placed on the preferred recall
list in accordance with section seven-a, article four, chapter
eighteen-a of this code; and
(III) The principal who was removed shall be paid by the
county board and may be assigned to administrative duties, without
the county board being required to post that position until the end
of the school term;
(6) The county board shall take no action nor refuse any
action if the effect would be to impair further the school in which
the state board has intervened.
(7) The state board may appoint a monitor pursuant to the
provisions of this subsection to assist the school principal after
intervention in the operation of a school is completed.
(m) (o) Transfers from seriously impaired low-performing
schools. -- Whenever a school is determined to be seriously
impaired low performing and fails to improve its status within one
year, following state intervention in the operation of the school to correct the impairment low performance, any student attending
the school may transfer once to the nearest fully accredited school
in the county, subject to approval of the fully accredited school
and at the expense of the school from which the student
transferred.
(n) (p) School system approval. -- The state board annually
shall review the information submitted for each school system from
the system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval or nonapproval.
(1) Full approval shall be given to a county board whose
schools have all been given full, temporary or conditional
accreditation status and which does not have any deficiencies which
would endanger student health or safety or other extraordinary
circumstances as defined by the state board. A fully approved
school system in which other deficiencies are discovered shall
remain on full accreditation status for the remainder of the
approval period and shall have an opportunity to correct those
deficiencies, notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county board whose
education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified electronic county strategic
improvement plan in accordance with subsection (b) of this section to increase the performance and progress of the school system to a
full approval status level. The revised plan shall be submitted to
the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified electronic county strategic improvement
plan meets the following criteria:
(i) The plan has been revised in accordance with subsection
(b) of this section;
(ii) The plan has been approved by the state board; and
(iii) The county board is meeting the objectives and time line
specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified electronic county
strategic improvement plan or revised unified electronic county
strategic improvement plan within a reasonable time period as
defined by the state board or which fails to meet the objectives
and time line of its revised unified electronic county strategic
improvement plan or fails to achieve full approval by the date
specified in the revised plan.
(A) The state board shall establish and adopt additional
standards to identify school systems in which the program may be
nonapproved and the state board may issue nonapproval status
whenever extraordinary circumstances exist as defined by the state board.
(B) Whenever a county board has more than a casual deficit, as
defined in section one, article one of this chapter, the county
board shall submit a plan to the state board specifying the county
board's strategy for eliminating the casual deficit. The state
board either shall approve or reject the plan. If the plan is
rejected, the state board shall communicate to the county board the
reason or reasons for the rejection of the plan. The county board
may resubmit the plan any number of times. However, any county
board that fails to submit a plan and gain approval for the plan
from the state board before the end of the fiscal year after a
deficit greater than a casual deficit occurred or any county board
which, in the opinion of the state board, fails to comply with an
approved plan may be designated as having nonapproval status.
(C) Whenever nonapproval status is given to a school system,
the state board shall declare a state of emergency in the school
system and shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correcting the
emergency. When the state board approves the recommendations, they
shall be communicated to the county board. If progress in
correcting the emergency, as determined by the state board, is not
made within six months from the time the county board receives the
recommendations, the state board shall intervene in the operation
of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools
will be provided. This intervention may include, but is not
limited to, the following:
(i) Limiting the authority of the county superintendent,
associate superintendent, assistant superintendent and county board
as to the expenditure of funds, the employment and dismissal of
personnel, the establishment and operation of the school calendar,
the establishment of instructional programs and rules and any other
areas designated by the state board by rule, which may include
delegating decision-making authority regarding these matters to the
state superintendent;
(ii) Declaring that the office offices of the county
superintendent, associate superintendent and assistant
superintendent is are vacant;
(iii) Delegating to the state superintendent both the
authority to conduct hearings on personnel matters and school
closure or consolidation matters and, subsequently, to render the
resulting decisions and the authority to appoint a designee for the
limited purpose of conducting hearings while reserving to the state
superintendent the authority to render the resulting decisions;
(iv) Functioning in lieu of the county board of education in
a transfer, sale, purchase or other transaction regarding real
property; and
(v) Taking any direct action necessary to correct the emergency including, but not limited to, the following:
(I) Delegating to the state superintendent the authority to
replace administrators and principals in low performing schools and
to transfer them into alternate professional positions within the
county at his or her discretion; and
(II) Delegating to the state superintendent the authority to
fill positions of administrators and principals with individuals
determined by the state superintendent to be the most qualified for
the positions. Any authority related to intervention in the
operation of a county board granted under this paragraph is not
subject to the provisions of article four, chapter eighteen-a of
this code;
(o) (q) Notwithstanding any other provision of this section,
the state board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (n) (p) of this section,
if the state board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and that delaying intervention for any
period of time would not be in the best interests of the students
of the county school system; or
(2) That the conditions precedent to intervention exist as
provided in this section and that the state board had previously
intervened in the operation of the same school system and had concluded that intervention within the preceding five years.
(p) (r) Capacity. -- The process for improving education
includes a process for targeting resources strategically to improve
the teaching and learning process. Development of unified
electronic school and school system strategic improvement plans,
pursuant to subsection (b) of this section, is intended, in part,
to provide mechanisms to target resources strategically to the
teaching and learning process to improve student, school and school
system performance. When deficiencies are detected through the
assessment and accountability processes, the revision and approval
of school and school system unified electronic strategic
improvement plans shall ensure that schools and school systems are
efficiently using existing resources to correct the deficiencies.
When the state board determines that schools and school systems do
not have the capacity to correct deficiencies, the state board
shall work with the county board to develop or secure the resources
necessary to increase the capacity of schools and school systems to
meet the standards and, when necessary, seek additional resources
in consultation with the Legislature and the Governor.
The state board shall recommend to the appropriate body
including, but not limited to, the Process for Improving Education
Council, the Legislature, county boards, schools and communities
methods for targeting resources strategically to eliminate
deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the
state board shall include, but is not limited to, the following
methods:
(1) Examining reports and unified electronic strategic
improvement plans regarding the performance and progress of
students, schools and school systems relative to the standards and
identifying the areas in which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance and
progress of students or the deficiencies of the school or school
system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and progress and promoting their emulation throughout
the system;
(4) Requesting technical assistance from the School Building
Authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the School Building
Authority based on identified needs;
(6) Requesting special staff development programs from the
Center for Professional Development, the Principals Academy, higher
education, regional educational service agencies and county boards
based on identified needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
§18-2E-5a. County superintendent employment contract.
(a) The Legislature previously granted authority to the state
board to intervene in the operation of a county school system in
section five, article two-e of this chapter. Part of the authority
given is the authority of the state board to declare that the
office offices of the county superintendent,
associate
superintendent and assistant superintendent
is are vacant. County
boards enter into contracts to employ persons as superintendents in
these positions for a term of years which creates substantial
rights and obligations. Although the statute provides that the
state board may declare the office of the county superintendent
offices vacant, the statute did not specifically give the state board authority to void the contract contracts of the county
superintendent
, associate superintendent and assistant
superintendent
. The intent of this section is to clarify what
contractual obligations continue after removal.
(b) Whenever the state board intervenes in the operation of a
school system and the office any of the offices of the county
superintendent
, associate superintendent and assistant
superintendent
is are declared vacant pursuant to section five,
article two-e of this chapter, the state board may, for any
intervention which is instituted after the effective date of this
section, void any existing employment contract between the county
board and the county superintendent
, associate superintendent and
assistant superintendent
.
(c) Whenever a county board elects a county superintendent and
enters into a written contract of employment with the a
superintendent
, associate superintendent or assistant
superintendent,
the county board shall include within the contract
a conspicuous clause that informs the superintendent
, associate
superintendent or assistant superintendent
that if the state board
intervenes in the operation of the county school system pursuant to
section five, article two-e of this chapter, the state board may
vacate the office and void the employment contract.
§18-2E-5d. Comprehensive study of Public School Support Plan.
(a) The Legislature finds that the growing diversity in various characteristics of the county school systems makes
appropriate financing increasingly problematic through the Public
School Support Plan as presently constructed. The purpose of this
section is to provide for a study on methods to better align
appropriation needs with identifiable cost factors and improve the
ability to efficiently target resources to areas of need.
(b) The state superintendent shall conduct a comprehensive
study of the public School Support Plan established pursuant to
article nine-a of this chapter. The study shall include, but is
not limited to, the following:
(1) General financing strategy for public schools based on net
enrollment versus adjusted enrollment;
(2) Independently addressing staffing levels for classroom
teaching personnel and professional student support personnel,
including:
(A) School nurses;
(B) Counselors;
(C) Librarians; and
(D) Technology integration specialists; and
(3) Basing operations allowances on cost factors including,
but not limited to, the following:
(A) Administrative expenses;
(B) Technology equipment and infrastructure;
(C) Alternative education programs;
(D) Advanced placement and dual credit courses;
(E) Drop-out prevention programs;
(F) Substitute personnel; and
(G) Facilities; and
(4) Considerations for adequacy and local differences such as
(A) Transportation;
(B) Students' with special health care needs;
(C) Sustained extraordinary growth in student enrollment;
(D) Extraordinary salary competition from surrounding
districts; and
(E) Extraordinary low enrollment and sparse student population
density.
(c) The state superintendent shall report findings generated
by the study, together with recommendations and any legislation
necessary to effectuate the recommendations to the Legislative
Oversight Commission on Educational Accountability by the first day
of December, two thousand seven.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 3B. STATE BOARD OF EDUCATION RULEMAKING.
§29A-3B-9. Submission of legislative rules to the Legislative
Oversight Commission on Education Accountability.
(a) When the board proposes a legislative rule, the board
shall submit the following to the Legislative Oversight Commission
on Education Accountability: at its offices or at a regular meeting of the commission: twenty copies of: (1) The full text of the
legislative rule as proposed by the board and filed with the office
of the Secretary of State, with new language underlined and with
language to be deleted from any existing rule stricken through but
clearly legible; (2) a brief summary of the content of the
legislative rule and a description and a copy of any existing rule
which the agency proposes to amend or repeal; (3) a statement of
the circumstances which require the rule; (4) a fiscal note
containing all information included in a fiscal note for either
house of the Legislature and a statement of the economic impact of
the rule on the state or its residents; and (5) any other
information which the commission may request or which may be
required by law.
(b) At its discretion, the board may meet the filing
requirement of subsection (a) of this section using either of the
following methods:
(1) By submitting twenty copies of the proposed rule to the
Legislative Oversight Commission on Education Accountability at its
offices or at a regular meeting of the commission; or
(2) By submitting the proposed rule electronically to the
Legislative Oversight Commission on Education Accountability.
Proposed rules submitted electronically shall be transmitted in a
timely manner, shall contain all required information and shall be
compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability.
(b) (c) The commission shall review each proposed legislative
rule and, in its discretion, may hold public hearings thereon.
Such review shall include, but not be limited to, a determination
of:
(1) Whether the board has exceeded the scope of its statutory
authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity
with the legislative intent of the statute which the rule is
intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any
other provision of this code or with any other rule adopted by the
same or a different agency;
(4) Whether the proposed legislative rule is necessary to
fully accomplish the objectives of the statute under which the
proposed rule was promulgated;
(5) Whether the proposed legislative rule is reasonable,
especially as it affects the convenience of the general public or
of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less
complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was promulgated in
compliance with the requirements of this article and with any
requirements imposed by any other provision of this code.
(c) (d) After reviewing the legislative rule, the commission
may recommend to the board any changes needed to comply with the
legislative intent of the statute upon which the rule is based or
otherwise to modify the activity subject to the rule, or may make
any other recommendations to the board as it considers appropriate.
(d) (e) When the board finally adopts a legislative rule, the
board shall submit to the Legislative Oversight Commission on
Education Accountability at its offices or at a regular meeting of
the commission six copies of the rule as adopted by the board. The
board, at its discretion, may meet the filing requirement contained
in this subsection by submitting the legislative rule in electronic
format to the Legislative Oversight Commission on Education
Accountability. Rules submitted electronically shall be
transmitted in a timely manner and shall be compatible with
computer applications in use by the Legislative Oversight
Commission on Education Accountability.
(f) After reviewing the legislative rule, the commission may
recommend to the Legislature any statutory changes needed to
clarify the legislative intent of the statute upon which the rule
is based or may make any other recommendations to the Legislature
as it considers appropriate.
§29A-3B-10. Emergency legislative rules; procedure for
promulgation; definition.
(a) The board may, without hearing, find that an emergency exists requiring that emergency rules be promulgated and promulgate
the same in accordance with this section. Such emergency rules,
together with a statement of the facts and circumstances
constituting the emergency, shall be filed in the State Register
and shall become effective immediately upon such filing. Such
emergency rules may adopt, amend or repeal any legislative rule,
but the circumstances constituting the emergency requiring such
adoption, amendment or repeal shall be stated with particularity
and be subject to de novo review by any court having original
jurisdiction of an action challenging their validity.
(b) The board shall file ten copies of the rules and of the
required statement shall be filed forthwith with the Legislative
Oversight Commission on Education Accountability. At its
discretion, the board may meet the filing requirement contained in
this subsection by submitting the emergency rule electronically to
the Legislative Oversight Commission on Education Accountability.
Proposed rules submitted electronically shall be transmitted in a
timely manner, shall contain all required information and shall be
compatible with computer applications in use by the Legislative
Oversight Commission on Education Accountability.
(c) An emergency rule shall be effective for not more than
fifteen months and shall expire earlier if any of the following
occurs:
(1) The board has not previously filed and fails to file a notice of public hearing on the proposed rule within sixty days of
the date the proposed rule was filed as an emergency rule; in which
case the emergency rule expires on the sixty-first day.
(2) The board has not previously filed and fails to file the
proposed rule with the Legislative Oversight Commission on
Education Accountability within one hundred eighty days of the date
the proposed rule was filed as an emergency rule; in which case the
emergency rule expires on the one hundred eighty-first day.
(3) The board adopts a legislative rule dealing with
substantially the same subject matter since such emergency rule was
first promulgated, and in which case the emergency rule expires on
the date the authorized rule is made effective.
(b) (d) Any amendment to an emergency rule made by the board
shall be filed in the State Register and does not constitute a new
emergency rule for the purpose of acquiring additional time or
avoiding the expiration dates in subdivision (1), (2) or (3),
subsection (a) (c) of this section.
(c) (e) Once an emergency rule expires due to the conclusion
of fifteen months or due to the effect of subdivision (1), (2) or
(3), subsection (a) (c) of this section, the board may not refile
the same or similar rule as an emergency rule.
(d) (f) Emergency legislative rules currently in effect under
the prior provisions of this section may be refiled under the
provisions of this section.
(e) (g) The provision of this section shall not be used to
avoid or evade any provision of this article or any other
provisions of this code, including any provisions for legislative
review of proposed rules. Any emergency rule promulgated for any
such purpose may be contested in a judicial proceeding before a
court of competent jurisdiction.
(f) (h) The Legislative Oversight Commission on Education
Accountability may review any emergency rule to determine (1)
Whether the board has exceeded the scope of its statutory authority
in promulgating the emergency rule; (2) whether there exists an
emergency justifying the promulgation of such rule; and (3) whether
the rule was promulgated in compliance with the requirements and
prohibitions contained in this section. The commission may
recommend to the board, the Legislature, or the Secretary of State
such action as it may deem proper.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 657--A Bill to amend and reenact §18-2E-5
and §18-2E-5a of the Code of West Virginia, 1931, as amended; to
further said code by adding thereto a new section, designated §18-
2E-5d; and to amend and reenact §29A-3B-9 and §29A-3B-10 of said
code, all relating to public education generally; standards,
assessment and accountability for student performance and progress; requiring 21st Century Skills Initiative incorporation into
standards; renaming unified improvement plans as strategic
improvement plans; revising uniform statewide student assessment
program; providing annual performance measures for the No Child
Left Behind Act of 2001; providing state annual performance
measures; providing additional category of school accreditation and
renaming existing category; revising criteria for accreditation
status; providing for appeal of on-site findings and report to
oversight commission; providing that offices and contracts of
associate and assistant superintendents may be declared vacant and
voided during state intervention; removing obsolete provisions;
providing for study of public school report plan; report; and
allowing electronic filing of state board rules with the
Legislative Oversight Commission on Education Accountability.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 657) 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 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. 713, Relating to campaign finance filings.
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 section and
inserting in lieu thereof the following:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-1a. Definitions.
As used in this article, the following terms have the
following definitions:
(1) "Ballot issue" means a constitutional amendment, special
levy, bond issue, local option referendum, municipal charter or
revision, an increase or decrease of corporate limits or any other
question that is placed before the voters for a binding decision.
(2) "Broadcast, cable or satellite communication" means a
communication that is publicly distributed by a television station,
radio station, cable television system or satellite system.
(3) "Candidate" means an individual who:
(A) Has filed a certificate of announcement under section
seven, article five of this chapter or a municipal charter;
(B) Has filed a declaration of candidacy under section
twenty-three, article five of this chapter;
(C) Has been named to fill a vacancy on a ballot; or
(D) Has declared a write-in candidacy or otherwise publicly
declared his or her intention to seek nomination or election for
any state, district, county or municipal office or party office to
be filled at any primary, general or special election.
(4) "Candidate's committee" means a political committee
established with the approval of or in cooperation with a candidate
or a prospective candidate to explore the possibilities of seeking
a particular office or to support or aid his or her nomination or
election to an office in an election cycle. If a candidate directs
or influences the activities of more than one active committee in
a current campaign, those committees shall be considered one
committee for the purpose of contribution limits.
(5) "Clearly identified" means that the name, nickname,
photograph, drawing or other depiction of the candidate appears or
the identity of the candidate is otherwise apparent through an
unambiguous reference, such as "the Governor", "your Senator" or
"the incumbent" or through an unambiguous reference to his or her
status as a candidate, such as "the Democratic candidate for
Governor" or "the Republican candidate for Supreme Court of
Appeals".
(6) "Contribution" means a gift subscription, assessment,
payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing
of value, whether conditional or legally enforceable, or a transfer of money or other tangible thing of value to a person, made for the
purpose of influencing the nomination, election or defeat of a
candidate. An offer or tender of a contribution is not a
contribution if expressly and unconditionally rejected or returned.
A contribution does not include volunteer personal services
provided without compensation: Provided, That a nonmonetary
contribution is to be considered at fair market value for reporting
requirements and contribution limitations.
(7) "Corporate political action committee" means a political
action committee that is a separate segregated fund of a
corporation that may only accept contributions from its restricted
group as outlined by the rules of the State Election Commission.
(7) (8) "Direct costs of purchasing, producing or
disseminating electioneering communications" means:
(A) Costs charged by a vendor, including, but not limited to,
studio rental time, compensation of staff and employees, costs of
video or audio recording media and talent, material and printing
costs and postage; or
(B) The cost of airtime on broadcast, cable or satellite radio
and television stations, the cost of disseminating printed
materials, establishing a telephone bank, studio time, use of
facilities and the charges for a broker to purchase airtime.
(8) (9) "Disclosure date" means either of the following:
(A) The first date during any calendar year on which any electioneering communication is disseminated after the person
paying for the communication has spent a total of five thousand
dollars or more for the direct costs of purchasing, producing or
disseminating electioneering communications; or
(B) Any other date during that calendar year after any
previous disclosure date on which the person has made additional
expenditures totaling five thousand dollars or more for the direct
costs of purchasing, producing or disseminating electioneering
communications.
(9) (10) "Election" means any primary, general or special
election conducted under the provisions of this code or under the
charter of any municipality at which the voters nominate or elect
candidates for public office. For purposes of this article, each
primary, general, special or local election constitutes a separate
election. This definition is not intended to modify or abrogate
the definition of the term "nomination" as used in this article.
(10) (11) (A) "Electioneering communication" means any paid
communication made by broadcast, cable or satellite signal, mass
mailing, telephone bank, leaflet, pamphlet, flyer or outdoor
advertising or published in any newspaper, magazine or other
periodical that:
(i) Refers to a clearly identified candidate for Governor,
Secretary of State, Attorney General, Treasurer, Auditor,
Commissioner of Agriculture, Supreme Court of Appeals or the Legislature;(ii) Is publicly disseminated within:
(a) (I) Thirty days before a primary election at which the
nomination for office sought by the candidate is to be determined;
or
(b) (II) Sixty days before a general or special election at
which the office sought by the candidate is to be filled; and
(iii) Is targeted to the relevant electorate.
(B) "Electioneering communication" does not include:
(i) A news story, commentary or editorial disseminated through
the facilities of any broadcast, cable or satellite television or
radio station, newspaper, magazine or other periodical publication
not owned or controlled by a political party, political committee
or candidate: Provided, That a news story disseminated through a
medium owned or controlled by a political party, political
committee or candidate is nevertheless exempt if the news is:
(a) (I) A bona fide news account communicated in a publication
of general circulation or through a licensed broadcasting facility;
and
(b) (II) Is part of a general pattern of campaign-related news
that gives reasonably equal coverage to all opposing candidates in
the circulation, viewing or listening area;
(ii) A communication Activity by a candidate committee, party
executive committee or caucus committee, or a political action
committee that is required to be reported to the State Election Commission or the Secretary of State as an expenditure pursuant to
any provision section five of this article other than section two-b
of this article, or the rules of the State Election Commission or
the Secretary of State promulgated pursuant to such provision:
Provided, That independent expenditures by a party executive
committee or caucus committee or a political action committee
required to be reported pursuant to subsection (b), section two of
this article are not exempt from the reporting requirements of this
section;
(iii) A candidate debate or forum conducted pursuant to rules
adopted by the State Election Commission or the Secretary of State
or a communication promoting that debate or forum made by or on
behalf of its sponsor;
(iv) A communication paid for by any organization operating
under Section 501(c)(3) of the Internal Revenue Code of 1986;
(v) A communication made while the Legislature is in session
which, incidental to promoting or opposing a specific piece of
legislation pending before the Legislature, urges the audience to
communicate with a member or members of the Legislature concerning
that piece of legislation;
(vi) A statement or depiction by a membership organization, in
existence prior to the date on which the individual named or
depicted became a candidate, made in a newsletter or other
communication distributed only to bona fide members of that organization;
(vii) A communication made solely for the purpose of
attracting public attention to a product or service offered for
sale by a candidate or by a business owned or operated by a
candidate which does not mention an election, the office sought by
the candidate or his or her status as a candidate; or
(viii) A communication, such as a voter's guide, which refers
to all of the candidates for one or more offices, which contains no
appearance of endorsement for or opposition to the nomination or
election of any candidate and which is intended as nonpartisan
public education focused on issues and voting history.
(11) (12) "Financial agent" means any individual acting for
and by himself or herself, or any two or more individuals acting
together or cooperating in a financial way to aid or take part in
the nomination or election of any candidate for public office, or
to aid or promote the success or defeat of any political party at
any election.
(12) (13) "Fund-raising event" means an event such as a
dinner, reception, testimonial, cocktail party, auction or similar
affair through which contributions are solicited or received by
such means as the purchase of a ticket, payment of an attendance
fee or by the purchase of goods or services.
(13) (14) "Independent expenditure" means an expenditure made
by a person other than a candidate or a candidate's committee in support of or opposition to the nomination or election of one or
more clearly identified candidates and without consultation or
coordination with or at the request or suggestion of the candidate
whose nomination or election the expenditure supports or opposes or
the candidate's agent. Supporting or opposing the election of a
clearly identified candidate includes supporting or opposing the
candidates of a political party. An expenditure which does not
meet the criteria for an independent expenditure is considered a
contribution.
(14) (15) "Mass mailing" means a mailing by United States
mail, facsimile or electronic mail of more than five hundred pieces
of mail matter of an identical or substantially similar nature
within any thirty-day period.
(15) (16) "Membership organization" means a group that grants
bona fide rights and privileges, such as the right to vote, to
elect officers or directors and the ability to hold office, to its
members and which uses a majority of its membership dues for
purposes other than political purposes. "Membership organization"
does not include organizations that grant membership upon receiving
a contribution.
(16) (17) "Name" means the full first name, middle name or
initial, if any, and full legal last name of an individual and the
full name of any association, corporation, committee or other
organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
(17) (18) "Person" means an individual, partnership,
committee, association and any other organization or group of
individuals.
(18) (19) "Political action committee" means a committee
organized by one or more persons for the purpose of supporting or
opposing the nomination or election of one or more candidates or
the passage or defeat of one or more ballot issues. The following
are types of political action committees:
(A) A corporate political action committee, as that term is
defined by subsection (7) of this section;
(B) A membership organization, as that term is defined by
subsection (16) of this section;
(C) An unaffiliated political action committee, as that term
is defined by subsection (27) of this section.
(20) "Political committee" means any candidate committee,
political action committee or political party committee.
(19) (21) "Political party" means a political party as that
term is defined by section eight, article one, chapter three of
this code or any committee established, financed, maintained or
controlled by the party, including any subsidiary, branch or local
unit thereof and including national or regional affiliates of the
party.
(22) "Political party committee" means a committee established by a political party or political party caucus for the purposes of
engaging in the influencing of the election, nomination or defeat
of a candidate in any election.
(20) (23) "Political purposes" means supporting or opposing
the nomination, election or defeat of one or more candidates or the
passage or defeat of a ballot issue, supporting the retirement of
the debt of a candidate or political committee or the
administration or activities of an established political party or
an organization which has declared itself a political party and
determining the advisability of becoming a candidate under the
precandidacy financing provisions of this chapter.
(21) (24) "Targeted to the relevant electorate" means a
communication which refers to a clearly identified candidate for
statewide office or the Legislature and which can be received by
ten thousand or more individuals in the state in the case of a
candidacy for statewide office and five hundred or more individuals
in the district in the case of a candidacy for the Legislature.
(22) (25) "Telephone bank" means telephone calls that are
targeted to the relevant electorate, other than telephone calls
made by volunteer workers, regardless of whether paid professionals
designed the telephone bank system, developed calling instructions
or trained volunteers.
(23) (26) "Two-year election cycle" means the 24-month period
that begins the day after a general election and ends on the day of the subsequent general election.
(27) "Unaffiliated political action committee" means a
political action committee that is not affiliated with a
corporation or a membership organization.
§3-8-2. Accounts for receipts and expenditures in elections;
requirements for reporting independent expenditures.
(a) Except for: (1) Candidates for party committeeman and
committeewoman; and (2) federal committees required to file under
the provisions of 2 U. S. C. §434, all candidates for nomination or
election and all persons supporting, aiding or opposing the
nomination, election or defeat of any candidate shall keep for a
period of six months records of receipts and expenditures which are
made for political purposes. All of the receipts and expenditures
are subject to regulation by the provisions of this article.
Verified financial statements of the records and expenditures shall
be made and filed as public records by all candidates and by their
financial agents, representatives or any person acting for and on
behalf of any candidate and by the treasurers of all political
party committees.
(b) In addition to any other reporting required by the
provisions of this chapter, any person making an independent
expenditure in the amount of one thousand dollars or more for any
statewide, legislative or multicounty judicial candidate or in the
amount of five hundred dollars or more for any county office, single-county judicial candidate, committee supporting or opposing
a candidate on the ballot in more than one county, or any municipal
candidate on a municipal election ballot, on or after the eleventh
fifteenth day but more than twelve hours before the day of any
election shall report the expenditure, on a form prescribed by the
Secretary of State, within twenty-four hours after the expenditure
is made or debt is incurred for a communication, to the Secretary
of State by hand-delivery, facsimile or other means to assure
receipt by the Secretary of State within the 24-hour period:
Provided, That a person making expenditures in the amount of one
thousand dollars or more for any statewide or legislative candidate
on or after the fifteenth day but more than twelve hours before the
day of any election shall report such expenditures in accordance
with section two-b of this article and shall not file an additional
report as provided herein.
(c) Any independent expenditure must include a clear and
conspicuous public notice which identifies the name of the person
who paid for the expenditure and states that the communication is
not authorized by the candidate or his or her committee.
(d) Any person who has spent a total of five thousand dollars
or more for the direct costs of purchasing, producing or
disseminating electioneering communications during any calendar
year shall maintain all financial records and receipts related to
such expenditure for a period of six months following the filing of a disclosure pursuant to subsection (a) of this section and, upon
request, shall make such records and receipts available to the
Secretary of State or county clerk for the purpose of an audit as
provided in section seven of this article.
(e) Any person who willfully fails to comply with this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars, or confined in jail for
not more than one year, or both fined and confined.
§3-8-2b. Disclosure of electioneering communications.
(a) Every person who has spent:
(1) A total of five thousand dollars or more for the direct
costs of purchasing, producing or disseminating electioneering
communications during any calendar year; or
(2) A total of one thousand dollars or more on or after the
fifteenth day but more than twelve hours before the day of any
election for the direct costs of purchasing, producing or
disseminating electioneering communications during any calendar
year, shall, within twenty-four hours of each disclosure date, file
with the Secretary of State a statement which contains all of the
information listed in subsection (b) of this section.
(b)(1) The name of the person making the expenditure, the name
of any person sharing or exercising direction or control over the
activities of the person making the expenditure and the name of the
custodian of the books and accounts of the person making the expenditure;
(2) If the person making the expenditure is not an individual,
the principal place of business of the partnership, committee,
association, organization or group which made the expenditure;
(3) The amount of each expenditure of more than one thousand
dollars made for electioneering communications during the period
covered by the statement and the name of the person to whom the
expenditure was made;
(4) The elections to which the electioneering communications
pertain, and the names, if known, of the candidates referred to or
to be referred to therein, whether the electioneering
communications is intended to support or oppose the identified
candidates and the amount of the total expenditure reported in
subdivision (3) of this subsection spent to support or oppose each
of the identified candidates; and
(5) The names and addresses of any contributors who
contributed a total of more than one thousand dollars between the
first day of the preceding calendar year and the disclosure date
and whose contributions were used to pay for electioneering
communications.
(b) (c) With regard to the contributors required to be listed
pursuant to subdivision (5), subsection (a) (b) of this section,
the statement shall also include:
(1) The month, day and year that the contributions of any single contributor exceeded two hundred fifty dollars;
(2) If the contributor is a political action committee, the
name and address the political action committee registered with the
State Election Commission;
(3) If the contributor is an individual, the name and address
of the individual, his or her occupation, the name and address of
the individual's current employer, if any, or, if the individual is
self-employed, the name and address of the individual's business,
if any;
(4) A description of the contribution, if other than money;
(5) The value in dollars and cents of the contribution.
(c) (d)(1) Any person who makes a contribution for the purpose
of funding the direct costs of purchasing, producing or
disseminating an electioneering communication under this section
shall, at the time the contribution is made, provide his or her
name and address to the recipient of the contribution;
(2) Any individual who makes contributions totaling two
hundred fifty dollars or more between the first day of the
preceding calendar year and the disclosure date for the purpose of
funding the direct costs of purchasing, producing or disseminating
electioneering communications shall, at the time the contribution
is made, provide the name of his or her occupation and of his or
her current employer, if any, or, if the individual is
self-employed, the name of his or her business, if any, to the recipient of the contribution.
(d) (e) In each electioneering communication, a statement
shall appear or be presented in a clear and conspicuous manner
that:
(1) Clearly indicates that the electioneering communication is
not authorized by the candidate or the candidate's committee; and
(2) Clearly identifies the person making the expenditure for
the electioneering communication: Provided, That if the
electioneering communication appears on or is disseminated by
broadcast, cable or satellite transmission, the statement required
by this subsection must be both spoken clearly and appear in
clearly readable writing at the end of the communication.
(e) (f) Within five business days after receiving a disclosure
of electioneering communications statement pursuant to this
section, the Secretary of State shall make information in the
statement available to the public through the internet.
(f) (g) For the purposes of this section, a person is
considered to have made an expenditure when the person has entered
into a contract to make the expenditure at a future time.
(g) (h) The Secretary of State is hereby directed to propose
legislative rules and emergency rules implementing this section for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code.
(h) (i) If any person, including, but not limited to, a political organization (as defined in Section 527(e)(1) of the
Internal Revenue Code of 1986) makes, or contracts to make, any
expenditure for electioneering communications which is coordinated
with and made with the cooperation, consent or prior knowledge of
a candidate, candidate's committee or agent of a candidate, the
expenditure shall be treated as a contribution and expenditure by
the candidate. If the expenditure is coordinated with and made
with the cooperation or consent of a state or local political party
or committee, agent or official of that party, the expenditure
shall be treated as a contribution to and expenditure by the
candidate's party.
(i) (j) This section does not apply to candidates for federal
office. This section is not intended to restrict or to expand any
limitations on, obligations of or prohibitions against any
candidate, committee, agent, contributor or contribution contained
in any other provision of this chapter.
§3-8-3. Committee treasurers; required to receive and disburse
funds.
Every political party committee shall appoint and retain a
treasurer to receive, keep and disburse all sums of money which may
be collected or received by such committee, or by any of its
members, for election expenses, and, unless such treasurer is first
appointed and thereafter retained, it shall be unlawful for any such
committee or any of its members to collect, receive or disburse money for any such purposes. All moneys collected or received by
any such committee, or by any of its members, for election expenses
shall be paid over to, and pass through the hands of, the treasurer,
and shall be disbursed by him, and it shall be unlawful for any such
committee, or any of its members, to disburse any money for election
expenses unless such money shall be paid to, and disbursed by, the
treasurer. The same person may be designated to act as treasurer
for two or more political party committees.
§3-8-4. Treasurers and financial agents; written designation
requirements.
(a) No person may act as the treasurer of any political
action
committee or political party
committee supporting, aiding or
opposing the nomination, election or defeat of any candidate for an
office encompassing an election district larger than a county unless
a written statement of organization, on a form to be prescribed by
the Secretary of State, is filed with the Secretary of State at
least twenty-eight days before the election at which that person is
to act as a treasurer and is received by the Secretary of State
before midnight, eastern standard time, of that day or, if mailed,
is postmarked before that hour. The form shall include the name of
the political committee; the name of the treasurer; the mailing
address, telephone number, and e-mail address, if applicable, of the
committee, and of the treasurer if different from the committee
information; the chairman of the committee; the affiliate organization, if any; type of committee affiliation, as defined in
subsection (19), section one-a of this article, if any; and whether
the committee will participate in statewide, county or municipal
elections. The form shall be certified as accurate and true and
signed by the chairman and the treasurer of the committee:
Provided, That a change of treasurer or financial agent may be made
at any time by filing a written statement with the Secretary of
State.
(a) (b) No person may act as the treasurer of any political
committee, or as financial agent for any candidate for nomination
or election to any statewide office, or to any office encompassing
an election district larger than a county or to any legislative
office or for any person supporting, aiding or opposing the
nomination, election or defeat of any candidate for an office
encompassing an election district larger than a county, unless a
written statement designating that person as the treasurer or
financial agent is filed with the Secretary of State at least
twenty-eight days before the election at which that person is to act
as a financial agent or treasurer and is received by the Secretary
of State before midnight, eastern standard time, of that day or if
mailed, is postmarked before that hour: Provided, That a change of
treasurer or financial agent may be made at any time by filing a
written statement with the Secretary of State.
(b) (c) No person may act as treasurer of any committee or as financial agent for any candidate to be nominated or elected by the
voters of a county or a district therein, except legislative
candidates, or as the financial agent for a candidate for the
nomination or election to any other office, unless a written
statement designating him or her as the treasurer or financial agent
is filed with the clerk of the county commission at least
twenty-eight days before the election at which he or she is to act
and is received before midnight, eastern standard time, of that day
or if mailed, is postmarked before that hour: Provided, That a
change of treasurer may be made at any time by filing a written
statement with the clerk of the county commission.
(c) (d) Notwithstanding the provisions of subsections (a), and
(b) and (c) of this section, a filing designating a treasurer for
a state or county political executive committee may be made anytime
before the committee either accepts or spends funds. Once a
designation is made by a state or county political executive
committee, no additional designations are required under this
section until a successor treasurer is designated. A state or
county political executive committee may terminate a designation
made pursuant to this section by making a written request to
terminate the designation and by stating in the request that the
committee has no funds remaining in the committee's account. This
written request shall be filed with either the Secretary of State
or the clerk of the county commission as provided by subsections (a), and (b) and (c) of this section.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate, financial agent treasurer, person and
association of persons, organization of any kind, including every
corporation, directly or indirectly, supporting a political
committee established pursuant to paragraph (C), subdivision (1),
subsection (b), section eight of this article or engaging in other
activities permitted by this section and also including the
treasurer or equivalent officer of the association or organization,
advocating or opposing the nomination, election or defeat of any
candidate, and the treasurer of every political party committee
shall keep detailed accounts of every sum of money or other thing
of value received by him or her, including all loans of money or
things of value, and of all expenditures and disbursements made,
liabilities incurred, by the candidate, financial agent, person,
association or organization or committee, for political purposes,
or by any of the officers or members of the committee, or any person
acting under its authority or on its behalf.
(b) Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized sworn statement,
according to the following provisions and times:
(1) On Of all financial transactions, whenever the total exceeds five hundred dollars, which have taken place before the last
Saturday in March, or to be filed within six days thereafter and
annually whenever the total of all financial transactions relating
to an election exceed exceeds five hundred dollars a statement which
shall include all financial transactions which have taken place by
the date of that statement, subsequent to any previous statement
filed within the previous five years under this section;
(2) Not less than ten nor more than seventeen business days
thereafter Of all financial transactions which have taken place
before the fifteenth day preceding each primary or other election
and a statement which shall include all financial transactions which
have taken place by the date of the statement, subsequent to the
previous statement, if any, to be filed within four business days
after the fifteenth day;
(3) Not less than twenty-four nor more than thirty-one days Of
all financial transactions which have taken place before the
thirteenth day after each primary or other election and subsequent
to the previous statement, if any, to be filed within four business
days after the thirteenth day a statement which shall include all
financial transactions which have taken place by the date of the
statement, subsequent to the previous statement; and
(4) On the first Saturday in September or within six business
days thereafter Of all financial transactions, whenever the total
exceeds five hundred dollars or whenever any loans are outstanding, which have taken place before the forty-third day preceding the
general election day, whenever the total of all financial
transactions relating to an election exceed five hundred dollars or
whenever any loans are outstanding a statement which shall include
all financial transactions which have taken place by the date of the
statement, subsequent to the previous statement. to be filed within
four business days after the forty-third day.
(c) Every person who shall announce announces as a write-in
candidate for any elective office and his or her financial agent or
election organization of any kind shall comply with all of the
requirements of this section after public announcement of the
person's candidacy has been made.
(d) For purposes of this section, the term "financial
transactions" includes all contributions or loans received and all
repayments of loans or expenditures made to promote the candidacy
of any person by any candidate or any organization advocating or
opposing the nomination, election or defeat of any candidate to be
voted on.
(e) Candidates for the office of conservation district
supervisor elected pursuant to the provisions of article
twenty-one-a, chapter nineteen of this code shall only be are
required to file only the reports required by subdivisions (2) and
(3), subsection (b) of this section immediately prior to and after
the general primary election: Provided, That during the election in the year two thousand eight, the statements required by this
subsection shall be filed immediately prior to and after the general
election.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of this
article, other than a disclosure of electioneering communications
pursuant to section two-b of this article, shall contain only the
following information:
(1) The name, residence and mailing address and telephone
number of each candidate, financial agent, treasurer or person and
the name, address and telephone number of each association,
organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at
the beginning and the end of the period covered by the financial
statement.
(3) The name of any person making a contribution and the amount
of the contribution. If the total contributions of any one person
in any one election cycle amount to more than two hundred fifty
dollars or more, the residence and mailing address of the
contributor and, if the contributor is an individual, his or her
major business affiliation and occupation shall also be reported.
A contribution totaling more than fifty dollars of currency of the
United States or currency of any foreign country by any one
contributor is prohibited and a violation of section five-d of this article. The statement on which contributions are required to be
reported by this subdivision may not distinguish between
contributions made by individuals and contributions made by
partnerships, firms, associations, committees, organizations or
groups.
(4) The total amount of contributions received during the
period covered by the financial statement.
(5) The name, residence and mailing address of any individual
or the name and mailing address of each lending institution making
a loan or of the spouse cosigning a loan, as appropriate, the amount
of any loan received, the date and terms of the loan, including the
interest and repayment schedule, and a copy of the loan agreement.
(6) The name, residence and mailing address of any individual
or the name and mailing address of each partnership, firm,
association, committee, organization or group having previously made
or cosigned a loan for which payment is made or a balance is
outstanding at the end of the period, together with the amount of
repayment on the loan made during the period and the balance at the
end of the period.
(7) The total outstanding balance of all loans at the end of
the period.
(8) The name, residence and mailing address of any person
individual, or the name and mailing address of each partnership,
firm, association, committee, organization or group to whom each expenditure was made or liability incurred, including expenditures
made on behalf of a candidate or political committee that otherwise
are not made directly by the candidate or political committee,
together with the amount and purpose of each expenditure or
liability incurred and the date of each transaction.
(9) The total expenditure for the nomination, election or
defeat of a candidate or any person supporting, aiding or opposing
the nomination, election or defeat of any candidate in whose behalf
an expenditure was made or a contribution was given for the primary
or other election.
(10) The total amount of expenditures made during the period
covered by the financial statement.
(b) Any unexpended balance at the time of making the financial
statements herein provided for shall be properly accounted for in
that financial statement and shall appear as a beginning balance in
the next financial statement.
(c) Each financial statement required by this section shall
contain a separate section setting forth the following information
for each fund-raising event held during the period covered by the
financial statement:
(1) The type of event, date held and address and name, if any,
of the place where the event was held.
(2) All of the information required by subdivision (3),
subsection (a) of this section.
(3) The total of all moneys received at the fund-raising event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising agency
or other disbursing person who does not file a report of detailed
accounts and verified financial statements as required in this
section, such lump sum expenditures shall be accounted for in the
same manner as provided for herein.
(e) Any contribution or expenditure made by or on behalf of a
candidate for public office, to any other candidate or committee for
a candidate for any public office in the same election shall be
accounted for in accordance with the provisions of this section.
(f) No person may make any contribution except from his, her
or its own funds, unless such person discloses in writing to the
person required to report under this section the name, residence,
mailing address, major business affiliation and occupation of the
person which furnished the funds to the contributor. All such
disclosures shall be included in the statement required by this
section.
(g) Any firm, association, committee or fund permitted by
section eight of this article to be a political committee shall
disclose on the financial statement its corporate or other
affiliation.
(h) No contribution may be made, directly or indirectly, in a fictitious name, anonymously or by one person through an agent,
relative or other person so as to conceal the identity of the source
of the contribution or in any other manner so as to effect
concealment of the contributor's identity.
(i) No person may accept any contribution for the purpose of
influencing the nomination, election or defeat of a candidate or for
the passage or defeat of any ballot issue unless the identity of the
donor and the amount of the contribution is known and reported.
(j) When any person receives an anonymous contribution which
cannot be returned because the donor cannot be identified, that
contribution shall be donated to the General Revenue Fund of the
state. Any anonymous contribution shall be recorded as such on the
candidate's financial statement, but may not be expended for
election expenses. At the time of filing, the financial statement
shall include a statement of distribution of anonymous
contributions, which total amount shall equal the total of all
anonymous contributions received during the period.
(k) Any membership organization which raises funds for
political purposes by payroll deduction, assessing them as part of
its membership dues or as a separate assessment, may report the
amount raised as follows:
(1) If the portion of dues or assessments designated for
political purposes equals twenty-five dollars or less per member
over the course of a calendar year, the total amount raised for political purposes through membership dues or assessments during the
period is reported by showing the amount required to be paid by each
member and the number of members.
(2) If the total payroll deduction for political purposes of
each participating member equals twenty-five dollars or less over
the course of a calendar or fiscal year, as specified by the
organization, the organization shall report the total amount
received for political purposes through payroll deductions during
the reporting period and, to the maximum extent possible, the amount
of each yearly payroll deduction contribution level and the number
of members contributing at each such specified level. The
membership organization shall maintain records of the name and
yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization
through individual voluntary contributions by means other than
payroll deduction, membership dues, or assessments as provided in
this subsection, the reporting requirements of subdivision (3),
subsection (a) of this section shall apply. Funds raised for
political purposes must be segregated from the funds for other
purposes and listed in its report.
(l) Notwithstanding the provisions of section five of this
article or of the provisions of this section to the contrary, an
alternative reporting procedure may be followed by a political party
executive committee or a political action committee representing a political party in filing financial reports for fund-raising events
if the total profit does not exceed five thousand dollars per year.
A political party executive committee or a political action
committee representing a political party may report gross receipts
for the sale of food, beverages, services, novelty items, raffle
tickets or memorabilia, except that any receipt of more than fifty
dollars from an individual or organization shall be reported as a
contribution. A political party executive committee or a political
action committee representing a political party using this
alternative method of reporting shall report:
(i) The name of the committee;
(ii) The type of fund-raising activity undertaken;
(iii) The location where the activity occurred;
(iv) The date of the fundraiser;
(v) The name of any individual who contributed more than fifty
dollars worth of items to be sold;
(vi) The name and amount received from any person or
organization purchasing more than fifty dollars worth of food,
beverages, services, novelty items, raffle tickets or memorabilia;
(vii) The gross receipts of the fundraiser; and
(viii) The date, amount, purpose and name and address of each
person or organization from whom items with a fair market value of
more than fifty dollars were purchased for resale.
§3-8-5b. Where financial statements shall be filed; filing date prescribed.
(a) The sworn financial statements provided for in this article
shall be filed, by or on behalf of candidates, with:
(1) The the Secretary of State for legislative offices and for
state-wide and other offices to be nominated or elected by the
voters of a political division greater than a county, and with the;
(2) The clerk of the county commission by all other candidates
for offices to be nominated or elected by the voters of a single
county or a political division within a single county; or
(3) The proper municipal officer by candidates for office to
be nominated or elected to municipal office.
(b) The statements may be filed by mail, in person, or by
facsimile or other electronic means of transmission. Provided, That
the financial statements filed by or on behalf of candidates for
Governor, Secretary of State, Attorney General, Auditor, Treasurer,
Commissioner of Agriculture and Supreme Court of Appeals shall be
filed electronically by the means of an internet program to be
established by the Secretary of State.
(c) Committees required to report electronically may apply to
the State Election Commission for an exemption from mandatory
electronic filing in the case of hardship. An exemption may be
granted at the discretion of the State Election Commission.
(c) (d) For purposes of this article, the filing date of a
financial statement shall, in the case of mailing, be the date of the postmark of the United States postal service, and in the case
of hand delivery or delivery by facsimile or other electronic means
of transmission, the date delivered to the office of the Secretary
of State or to the office of the clerk of the county commission, in
accordance with the provisions of subsection (a) of this section,
during regular business hours of such office.
(d) (e) The sworn financial statements required to be filed by
this section with the Secretary of State shall be posted on the
internet by the Secretary of State within forty-five ten business
days from the date the financial statement was filed.
§3-8-5e. Precandidacy financing and expenditures.
(a) Notwithstanding any other provisions of this code, it shall
be is lawful for a person, otherwise qualified to be a candidate for
any public office or position to be determined by public election,
to receive contributions or make expenditures, or both, personally
or by another individual acting as a treasurer or financial agent,
to determine the advisability of becoming such a candidate or
preparing to be such a candidate: Provided, That such contributions
may be received and such expenditures made only during the four
years immediately preceding the term for which such person may be
a candidate or during the term of office immediately preceding the
term for which such person may be a candidate, whichever is less:
Provided, however, That no person shall be is disqualified from
receiving contributions or making expenditures as permitted under the provisions of this section solely because such person then holds
a public office or position.
(b) Any person undertaking to determine the advisability of
becoming or preparing to be a candidate, who desires to receive
contributions before filing a certificate of candidacy, shall name
himself or another individual to act as a treasurer or financial
agent and shall file a designation of financial agent treasurer in
the manner provided in section four of this chapter before receiving
any contributions permitted by this section. Any expenditures made
before the filing of a designation of financial agent treasurer
shall be reported in accordance with the provisions of this section,
regardless of the source of funds used for such expenditures.
(c) A person who receives a contribution who is acting for and
by himself or as treasurer or agent for another pursuant to the
provisions of this section shall keep detailed accounts of every sum
of money or other thing of value received by him, and of all
expenditures and disbursements made, and liabilities incurred, in
the same manner as such accounts are required by section five of
this article, for the period prior to the date of filing for
candidacy for the office he is considering seeking. Any such person
who has received contributions or made expenditures subject to the
provisions of this section shall file annually on the last Saturday
in March, and also on the last Saturday in March or within fifteen
six days thereafter next preceding the election at which the names of candidates would appear on the ballot for the public office or
position which the person originally considered seeking, a detailed
itemized statement subscribed and sworn to before an officer
authorized to administer oaths, setting forth all contributions
received and expenditures made pursuant to the provisions of this
section concerning the candidacy of that person. If the person on
whose behalf such contributions are received or expenditures are
made becomes a candidate for any office or position to be decided
at such election then the itemized statement shall be included
within the first statement required to be filed by the provisions
of section five of this article. If such person does not become a
candidate for any office or position to be decided at such election,
then the detailed itemized statement statements required by this
subsection shall be the only statement statements required to be
filed by such person. Regardless of whether such person becomes a
candidate as originally intended, or becomes a candidate for some
office other than the office or position originally intended, or
does not become a candidate, all limits on campaign contributions
and campaign expenditures applicable to the candidacy of or advocacy
of the candidacy of such person for the office he actually seeks,
shall be applicable to and inclusive of the receipts had and
expenditures made during such precandidacy period as well as after
the person becomes a candidate.
;
And,
By striking out the
title and inserting in lieu thereof a new
title, to read as follows:
Eng.
Com. Sub. for Senate Bill No. 713--A Bill to amend and
reenact §3-8-1a, §3-8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a,
§3-8-5b and §3-8-5e of the Code of West Virginia, 1931, as amended,
all relating to campaign finance filings; defining terms; setting
value for in-kind contributions; permitting a political committee
created by a membership organization to solicit contributions only
from its members; requiring expedited filings of independent
expenditure filings within fifteen days of election; requiring
certain independent expenditures to be filed as electioneering
communications; requiring disclosure as to
whether an electioneering
communication is intended to support or oppose an identified
candidate
; lowering the threshold of electioneering communications
to be reported fifteen days prior to an election; modifying
requirements for political committee treasurers of candidates from
offices larger than one county; modifying the reporting periods;
requiring certain information for contributions in excess of two
hundred fifty dollars; clarifying that details of third-party
expenditures must be filed; requiring electronic filing for
statewide candidates; and clarifying where campaign finance reports
are filed.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 713, 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. 713) 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 adoption of
Senate Concurrent Resolution No. 22, Requesting issuance of
commemorative Mother's Day coin.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 32, Requesting Congress lower
National Guard members' retirement age.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 51, Requesting Governor
proclaim December 7th each year "State Day of Remembrance" honoring
WV WWII patriots.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2590, Authorizing the
Department of Revenue to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 2616, Authorizing the
Department of Administration to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2670, Authorizing the
Department of Commerce to promulgate legislative rules.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Fanning, White and Barnes.
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 amendments, as amended
by the House of Delegates, passage as amended, with its House of
Delegates amended title, to take effect July 1, 2007, and requested
the concurrence of the Senate in the House of Delegates amendment
to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2777, Relating to
compensation of public school teachers and school personnel.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate
amendments to the bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:
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 and preventing such new title
from resulting in displacement of other employees; increasing
monthly salaries of service personnel and clarifying certain workday
parameters for such; providing and modifying certain pay grades; and
making technical corrections.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendments to
the bill.
Engrossed Committee Substitute for House Bill No. 2777, as
amended, 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 H. B. No. 2777) passed with its House of Delegates amended
title.
Senator Chafin moved that the bill take effect July 1, 2007.
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. 2777) takes effect July 1, 2007.
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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 5--Requesting the Joint
Committee on Government and Finance study the Office of Miners'
Health Safety and Training.
Whereas, The State Office of Miners' Health Safety and Training
and the Federal Mine Safety and Health Administration are both
responsible for mine safety operating separately and often duplicate
the work of the other agency; and
Whereas, There is a need to eliminate overlapping of agency
efforts in mine safety that wastes time and money when coordination
of the activities could provide for both general inspections of all
mines and targeted inspections unsafe mines all aimed at ensuring
miner safety, operator compliance and better enforcement; and
Whereas, West Virginia's Office of Miners' Health Safety and
Training has hundreds of inspectors, program analysts and technical
experts and the federal government's Mine Safety and Health
Administration employs many highly trained specialists, scientists
and engineers; and
Whereas, It is time for the Legislature to examine these
programs and related matters to ensure that West Virginia miners are
as safe and secure in their person as possible while undertaking
mining operations as modern approved mining procedures, inspections
and enforcement can make; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the Office of Miners' Health Safety; 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 45--Requesting the Committee
on Government and Finance to conduct a study on the adequacy and the
abuse of laws regulating the availability of motor vehicle parking
facilities for persons with mobility impairments and solutions to
ensure the availability of adequate motor vehicle parking facilities
for persons with mobility impairments.
Whereas, Current state law provides for the designation and
reservation of certain motor vehicle parking spaces for individuals
with mobility impairments; and
Whereas, West Virginia law further provides for issuance of
special license plates, parking decals, parking permits and placards
to identify vehicles permitted to park in those spaces; and
Whereas, Current law designed to provide accessible parking for
persons with mobility impairments is not adequate to prevent abuse
by drivers whose permits have expired or drivers without mobility
impairments who are misusing other individuals permits, thus resulting in reduced parking available for persons with mobility
impairments; and
Whereas, Further measures are necessary to establish fair,
clear and uniform standards for the issuance of these special
license plates, decals, placards and permits designed to prevent
abuse and misuse by persons without mobility impairments; and
Whereas, Although proposed legislation and increased
enforcement efforts have helped to initiate important reforms and
to focus attention on the problem of abuse of parking facilities for
persons with mobility impairments, drivers continue to abuse and
ignore the current law; and
Whereas, Further study and reform is therefore needed to curb
continued abuse and to ensure adequate parking spaces for persons
with mobility impairments; and
Whereas, Input from representatives of local governments,
advocates for the disabled, the Division of Motor Vehicles and other
concerned parties are desirable to formulate and provide solutions
to this ongoing and increasing problem and to enhance the
enforcement of current West Virginia law as it relates to disabled
parking; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the adequacy and the abuse of laws regulating the
availability of motor vehicle parking facilities for persons with mobility impairments and solutions to ensure the availability of
adequate motor vehicle parking facilities for persons with mobility
impairments; 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.
Referred to the Committee on Transportation and Infrastructure;
and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 46--Requesting the Committee
on Government and Finance to conduct a study on making the offense
of operating a passenger vehicle in which the operator and
passengers are not wearing a safety belt a primary offense.
Whereas, Current law makes the operation of a passenger vehicle
in which the operator and passengers are not wearing a safety belt
a secondary offense; and
Whereas, It is the desire of the Legislature to promote and
facilitate practical safety measures to protect operators and
passengers in passenger vehicles driven on the streets and highways
of this state and to reduce the incidence of fatalities and serious
injury to motorists and their passengers; and
Whereas, Efforts nationally to encourage increase safety belt
use have been ongoing for over twenty five years, with a remarkable
success rate; and
Whereas, In 1984, only fourteen percent of Americans buckled
up, and by 2005, the rate of safety belt usage nationwide increased
to eighty-two percent; and
Whereas, As of 2006, twenty-five states have adopted
legislation making the failure to wear a safety belt a primary
offense; and
Whereas, Studies indicate that the rate of unrestrained
passenger vehicle occupant fatalities in states with primary safety
belt enforcement laws is significantly lower than states with
secondary enforcement laws; and
Whereas, Increasing safety belt usage could potentially create
economic benefits, including, but not limited to, increased work
productivity as well as reductions in property damage, medical
costs, rehabilitation costs, emergency services costs, insurance
administration costs, legal and court costs, funeral expenses,
traffic delays and potential costs to employers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study making the offense of operating a passenger
vehicle in which the operator and passengers are not wearing a
safety belt a primary offense as well as the feasibility and
potential benefits thereof; 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 52--Requesting the Division of
Highways name the bridge located at the Green Sulphur Springs
Interchange on Interstate 64 in Summers County, West Virginia, near
exit 143, the "Vaughn Ray York Memorial Bridge".
Whereas, Vaughn Ray York was an avid photographer using his
talents to capture wonderful pictures of the West Virginia wildlife,
environment and mountains as well as having those photographs of his
home state published in the book Shades of Tomorrow; and
Whereas, An exhibit of Vaughn's photography is scheduled to be
displayed at Tamarack this spring; and
Whereas, Vaughn York worked as a heavy equipment operator for
Magnum Coal Company; and
Whereas, Vaughn York was an avid outdoors man, enjoying
hunting, fishing and photographing game; and
Whereas, Vaughn York was a kind person, selfless in his desire
to help those less fortunate than he, often giving most of his own
salary to help those who were in need; and
Whereas, On September 23, 2006, after listening to his beloved
West Virginia University Mountaineer football team and taking
photographs of an intense storm, Vaughn York was returning home when
he was tragically killed at the age of thirty-five when his Jeep
Renegade hydroplaned; and
Whereas, Vaughn York is dearly missed by his family, friends,
and those in the community and the breadth of his graciousness was
not discovered until his funeral; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge at the Green Sulphur Springs Interchange on Interstate 64 in Summers County, West Virginia, the "Vaughn Ray York
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
direct the Commissioner of the Division of Highways to erect a sign
on each end of the bridge indicating that the bridge has been so
named; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this Resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways, the
family of Vaughn Ray York.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 65--Requesting the Division of
Highways name the bridge numbered 0.01 and located at Route 54/4 in
the City of Mullens, the "Oscar Robert England Bridge".
Whereas, Oscar Robert England was instrumental in the early
development of the infrastructure of the City of Mullens that is
still in use today; and
Whereas, Oscar Robert England served as street commissioner for
the City of Mullens for over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and
the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor to
name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge numbered 0.01 and located on Route 54/4 in the
City of Mullens, Wyoming County, West Virginia the "Oscar Robert
England Bridge;" and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
Highways and to the Wyoming County Commission.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 68--Requesting the Joint
Committee on Government and Finance to make a study on developing
an efficient system to promote universal access to comprehensive
services that provide quality early childhood development for
children ages birth through eight.
Whereas, Much research now supports what reasonable people
intuitively know, that the quality of care, nurturing and intellectual stimulation given to children at the beginning of their
lives profoundly affect their health, development and preparedness
for the challenges of formal schooling and responsible adulthood;
and
Whereas, These studies show that the return from investments
in quality early childhood development is likely higher than any
other economic development investments the state makes; and
Whereas, Children at risk of not receiving the quality of care,
nurturing and intellectual stimulation needed may live in a variety
of social and economic circumstances, including those in which the
parents or guardian are least capable of accessing adequate
available resources; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to make a study on developing an efficient system to
promote universal access to comprehensive services that provide
quality early childhood development for children ages birth through
eight; and, be it
Further Resolved, That said study involve representatives of
the PIECES Advisory Council and any members thereof, the West
Virginia Kids Count Fund, the In-Home Family Education Network and
other like organizations or providers who have an interest in
quality early childhood development and may be essential partners
in developing an efficient system to promote universal access to comprehensive services that provide quality early childhood
development for children ages birth through eight including, but not
limited to, the following concerns:
1. Quality of services;
2. Universal accessability;
3. Provider workforce and professional development;
4. Informing families and public;
5. Accountability and results orientation;
6. Adequate early childhood education financing;
7. Governance and coordination;
8. Education in the early grades; and
0. Health, oral health and mental health; and, be it
Further Resolved, That the Said Joint Committee on Government
and Finance is requested to prepare a report of its findings,
conclusions and recommendations together with drafts of any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to 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 draft necessary legislation are
requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Finance; and then to the Committee
on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 69--Requesting the Joint
Committee on Government and Finance to study the closing times of
establishments licensed to sell alcoholic beverages for consumption
on the premises in West Virginia.
Whereas, The Legislature recognizes that the state Alcohol
Beverage Control Commission has authority to set the closing time
of such establishments; and
Whereas, The closing times for similar establishments in the
five contiguous states surrounding West Virginia are, in many cases,
different; and
Whereas, The difference in operating hours may negatively
affect establishments and citizens in West Virginia; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the closing times of establishments licensed to
sell alcoholic beverages for consumption on the premises 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 72--Requesting that bridge
number .015 located on Route 54 at the old Mullens Athletic Field
in the City of Mullens, Wyoming County, be named "The H. E. 'Homer'
Lilly Bridge".
Whereas, H. E. "Homer" Lilly was instrumental in shaping the
destiny of the City of Mullens into its present condition as a
bustling, growing and thriving community; and
Whereas, As a realtor he was involved in the real estate
development in and around the City of Mullens in the early 1900's,
selling many a young married couple starting out in life, land upon which to construct their home; and
Whereas, As a member of the Board of Directors of the Peoples
Bank of Mullens, he helped many to attain financing to build homes
on the land he previously sold them; and
Whereas, The Peoples Bank of Mullens' continuing success and
existence is tribute to the life works of Mr. Lilly, being the only
Bank in Wyoming County to have survived the Great Depression while
continuing to this day to operate with the same vision and trust
that was instilled in its operation by Mr. Lilly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number .015 located on Route 54 at the old Mullens Athletic
Field in the City of Mullens, Wyoming County, "The H. E. 'Homer'
Lilly Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entryway of said bridge, containing bold and
prominent letters proclaiming the bridge to be "The H.E. 'Homer'
Lilly Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
the Division of Highways and to the Mayor and City Council of the
City of Mullens.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 73--Requesting the Joint
Committee on Government and Finance to conduct a study on the need
to modify the exemptions allowed in bankruptcy proceedings.
Whereas, In 2005, sweeping changes to the bankruptcy laws went
into effect; and
Whereas, According to its proponents, the provisions of Chapter
Seven of the new bankruptcy law would give those honest deserving
debtors all the relief they would need; and
Whereas, A major flaw in the law is highlighted by the plight
of many widows and widowers in this state who have acquired their
deceased spouse's interest in the marital home, but did not acquire
the deceased spouse's income; and
Whereas, With the increasing property values in this state,
especially along the I-79 and I-68 Interstate corridors, it is
almost impossible for a surviving spouse to maintain their home
without family help; and
Whereas, It is essential that honest debtors be treated fairly
and equitably and that citizens be allowed those exemptions that
ensure they will not be without a home in their declining years;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need to modify the exemptions allowed in
bankruptcy proceedings; 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 84--Requesting the Joint
Committee on Government and Finance study prohibiting oil and gas
drillers from "daylighting" roads and sites except under certain
conditions, and requiring oil and gas companies to pay damages to
landowners for diminution in value of tracts of land due to
unnecessary daylighting.
Whereas, "Daylighting" is the process of clearing timber and other woody materials back from the roadway or site to allow
entrance of sunlight and wind in an attempt to accelerate the drying
of the road or site surface; and
Whereas, Oil and gas developers often unnecessarily use roads
or site locations contrary to the surface owner's desires, thereby
diminishing the total value of the entire tract of land through
daylighting; and
Whereas, Landowners should be properly compensated for damages
to any land due to the process of daylighting; and
Whereas, The Office of Oil and Gas might promulgate rules
permitting daylighting with the signed consent of the landowner and
based upon scientific studies of hydrology, botanical succession,
and other relevant fields; and
Whereas, The Office of Oil and Gas might promulgate a form
describing the practice of daylighting, the surface owner's rights,
and consent language; and
Whereas, Such form might be served on landowners at the same
time a well permit application is served; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study prohibiting oil and gas drillers from
"daylighting" roads and sites except under certain conditions, and
requiring oil and gas companies to pay damages to land owners for
diminution in value of entire tracts of land due to unnecessary daylighting; 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.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 85--Requesting the Joint
Committee on Government and Finance to conduct a study of community
colleges and four-year colleges and universities in the State of
West Virginia, focusing on how such institutions may better serve
their local communities and the duplication of services.
Whereas, The shift from the Industrial Age to the Information
Age is transforming our civilization and educational needs; and
Whereas, The mission of community colleges is driven by a
strong commitment to occupational, remedial, community and adult education; and
Whereas, Community colleges have existed and exist to identify
and respond to the educational needs of adult learners within a
specified service area; and
Whereas, As we enter the Information Age, both community
colleges and traditional four-year colleges face the very real
challenge of redirecting the course of American education so that
young people will be ready to wrestle with the demands of the new
global economy, the new realities facing government, and the new
challenges of a multicultural world; and
Whereas, Both community colleges and traditional four-year
colleges must strengthen their community dimension; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of community colleges and four year
colleges and universities in the State of West Virginia, focusing
on and how such institutions may better serve their local
communities and the duplication of services; 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 recommendation; and,
be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Education; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 86--Requesting the Joint
Committee on Government and Finance conduct a study of the criminal
laws and administrative procedures relating to drunk and drugged
driving on the roadways of our state.
Whereas, Drunk and drugged driving threatens the safety of all
West Virginians, putting individuals and families at risk and
causing senseless death and injury on our state?s roadways; and
Whereas, In 2006, one-third of all roadway crashes in West
Virginia were related to drunk driving, with one hundred thirteen
fatalities and nearly 2,600 persons injured, sixteen percent of
those injured sustaining severe or life-threatening trauma; and
Whereas, Drunk driving crashes cost the public over
$700,000,000 in economic losses each year here in West Virginia; and
Whereas, The Legislature is charged with making our roadways
safer through the enactment of laws to regulate the driving of vehicles; and
Whereas, Reducing the incidence of drunk driving remains one
of our state?s greatest challenges and input is needed from public
agencies, nonprofit organizations, and victims in order to fully
identify the issues and determine solutions; and
Whereas, A comprehensive study of driving under the influence
laws and administrative procedures has not been undertaken during
legislative interims for five years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested
to conduct a study of the criminal laws and administrative
procedures relating to drunk and drugged driving on the roadways of
our state to better protect our citizens and decrease the number of
drunk driving crashes; 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.
Referred to the Committee on the Judiciary; and then to the Committee on Rules
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 87--Requesting the Joint
Committee on Government and Finance to study consumer lending
practices and mortgage lending practices.
Whereas, Various financial institutions are offering and
marketing mortgage and loan refinancing and debt consolidation
offerings, which are being increasingly utilized by consumers to
provide additional access to capital and monetary resources; and
Whereas, While most of the refinancing and lending alternatives
extended in this state are made available by financial institutions
to provide West Virginians with reasonable access to their available
homeowner's equity, there is concern that there are some practices
in the consumer lending and mortgage lending industry which have
resulted in the issuance of loans or the incurrence of obligations
which, at the time they were executed, encumbered consumers and
mortgage holders with an unreasonable amount of debt in relation to
the actual market value of their home or property, or otherwise
contained unreasonable and unfair terms and conditions which
resulted in unreasonable and excessive costs and financial
obligations to the consumers and mortgage holders; and
Whereas, There is concern that some consumers have also been provided with multiple loans or obligations against the same
property, without a reasonable ability to pay for the multiple
debts; and
Whereas, There is concern that some of the loan and financial
opportunities which are actively marketed in this state may contain
terms and conditions which may be deemed unreasonable, and could be
construed as unfair trade practices in violation of existing laws;
and
Whereas, Some of these practices may have contributed to the
unreasonable and unfair foreclosure upon outstanding mortgage
obligations which were issued to West Virginians; and
Whereas, While the State of West Virginia has extended the
Banking Commissioner and other oversight and enforcement bodies with
the power to investigate and monitor the records and activities of
regulated consumer lenders and mortgage lenders enforcement, to
enforce the laws of this state, there is a question as to whether
the existing oversight and regulatory methods are sufficient to
allow for the identification and monitoring of excesses and abuses
that may exist in some portions of the industry; and
Whereas, There is some question as to what information may be
legitimately required from all regulated lenders through the annual
financial reporting process under existing statutes, to allow for
a broad examination of specific indicators for all lenders, with the
intent of helping to identify a need for further examination an individual lenders' practices; and
Whereas, Approximately one half of states have adopted specific
legislation to address and regulate predatory mortgage lending
practices; and
Whereas, To determine the most effective means of the state's
existing regulation of this industry, to examine the methods and the
effectiveness of existing laws and methods used to monitor and
respond to potential abuses and unfair practices, to examine the
need for additional regulatory oversight, enforcement or
investigatory tools, as well as to determine the impact of such
action upon West Virginia citizens, it is necessary to study the
practices and regulatory oversight of consumer lending practices and
mortgage lending practices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study consumer lending and mortgage lending practices;
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.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 88--Requesting that the Joint
Committee on Government and Finance authorize the study of hardships
facing West Virginia's agriculture community.
Whereas, Eighty percent of West Virginia's bee colonies require
supplemental feeding due to inclement weather; and
Whereas, The beekeeping industry has suffered a heavy blow from
parasitic mites; and
Whereas, Nearly 5,000 lambs and ewes are lost statewide each
year due to coyote predation; and
Whereas, Over half of West Virginia shepherds who leave the
sheep business do so because of sheep losses to predators; and
Whereas, Falling milk prices are weighing heavily on West
Virginia's dairy economy; and
Whereas, West Virginia farmers have lost four thousand head of
milk cows over the past six years; and
Whereas, Certain nonnative species could pose a threat to West
Virginia's people, agricultural and forestry industries, and other natural resource interests; and
Whereas, Regulating the possession, sale and breeding of
certain nonnative species may limit the potential for harm;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of weather, predators and the national
economy on the agriculture community 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 Legislative expenses necessary to
conduct this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Referred to the Committee on Agriculture; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 89--Requesting that the Joint
Committee on Government and Finance authorize the study of a monetary incentive program to recruit and retain qualified workers
to critically understaffed classifications.
Whereas, The Circuit Court of Berkeley County found that
Department of Health and Human Resources employee testimonials
indicated that a lack of staff endangered children and families in
the Eastern Panhandle; and
Whereas, That same Court ordered the Department of Health and
Human Resources to implement hiring and retention bonuses; and
Whereas, There are critically understaffed classifications in
West Virginia's Civil Service System; and
Whereas, The Director of Personnel is authorized to offer a one
time monetary incentive for the recruitment and retention of
employees in critically understaffed classifications until the first
day of May, two thousand eight; and
Whereas, The Director of Personnel, along with the Personnel
Board, will review and determine the need for salary range
increases; and
Whereas, The Director of Personnel must make monthly reports
to the House and Senate Committees on Government Organization on the
program's effectiveness; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of a monetary incentive program to
recruit and retain qualified workers to critically understaffed classifications; 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 Legislative expenses necessary to
conduct this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Referred to the Committee on Finance; and then to the Committee
on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 90--Requesting the Joint
Committee on Government and Finance to conduct an interim study on
the improvement of access to oral health care services in states
that allow dental hygienists to administer services to patients in
a variety of settings.
Whereas, West Virginia is in the midst of a long-standing and
well-documented oral health care crisis; and
Whereas, Links between individuals' oral health and overall
health continue to emerge; and
Whereas, Poor oral health remains a neglected epidemic in West
Virginia, especially among certain segments of the population -- 80
percent of cavities in children are concentrated in just 25 percent
of the children's population; and
Whereas, 72 percent of West Virginia's children are covered by
dental insurance, primarily through public programs (Medicaid,
SCHIP), with 40 percent having not seen their dentist in the last
six months; and
Whereas, West Virginia has ranked first among all states in the
percentage of people ages sixty-five and older who have lost their
natural teeth; and
Whereas, Preventive oral health care services remain an
important component in the prevention and early detection of oral
health care diseases; and
Whereas, Dental hygienists in West Virginia are formally
educated and state licensed health care professionals proficient in
administering oral health services without the direct supervision
of a dentist; and
Whereas, 48 states and the District of Columbia currently allow
dental hygienists to administer oral health care services in at
least one setting under the general supervision of a dentist; and
Whereas, General supervision has proven to be a safe practice
that allows for more efficient administration of oral health care
services in the states that currently allow for it; and
Whereas, General supervision facilitates increased access to
oral health care services by enabling dental hygienists to
administer services to patients in a variety of settings,
particularly for populations currently disenfranchised from the oral
health care system due to their inability to travel to a dental
office; and
Whereas, The U.S. Surgeon General issued a report that
identified lack of access to oral health care services as one of the
major barriers to care for underserved populations; and
Whereas, The U.S. Surgeon General urged policymakers to take
action to increase access to oral health care services; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct an interim study on the improvement of access
to oral health care services in states that allow dental hygienists
to administer services to patients in a variety of settings; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Senators Stollings, Jenkins, Hall, Yoder, McKenzie, Hunter and
Foster offered the following resolution:
Senate Concurrent Resolution No. 77--
Requesting the Joint
Committee on Government and Finance study the certificate of need
review process within the Health Care Authority.
Whereas, The certificate of need review process was enacted by
the West Virginia Legislature in 1977 and became a part of the
Health Care Authority in 1983; and
Whereas, The certificate of need review process is intended to
be a regulatory element designed to assist the Health Care Authority
to control health care costs, improve the quality and efficiency of
the state's health care system, encourage collaboration and develop
a system of health care delivery available to all of West Virginia's
citizens; and
Whereas, Unless specifically exempted, all health care
providers in West Virginia must obtain a certificate of need prior
to the addition or expansion of health care services, to exceed
certain capital expenditures, to obtain major medical equipment or to develop or acquire a new health care facility; and
Whereas, The structure of certificate of need review varies
widely from state to state and some states have either repealed or
limited the scope of the certificate of need review process; and
Whereas, In some respects the certificate of need review
process in West Virginia has substituted bureaucratic decisionmaking
for a free enterprise system; and
Whereas, Restructuring the certificate of need review process
to better account for cost containment with attention paid to
efficient allocation of scarce resources, the impact on effective
delivery of health care services, a greater attention to balancing
quality of care and service delivery with entrepreneurial insight
and patient preference, and a focus on availability of services to
the citizens of West Virginia through a more competitive free market
may be needed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the certificate of need review process within the
Health Care Authority; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consider an alternative framework to the certificate of need
review process more centered on a free market in the delivery of
medical care in health care facilities and equipment; and, be it
Further Resolved, That the Joint Committee on Government and Finance consult with experts in health care financing, the West
Virginia Medical Association, the West Virginia Hospital
Association, the West Virginia Health Care Association and other
interested parties who may offer insight into the certificate of
need review process; and, be it
Further Resolved, That 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 Foster, Edgell, McKenzie and Hunter offered the
following resolution:
Senate Concurrent Resolution No. 78--
Requesting the Joint
Committee on Government and Finance study the effectiveness of
existing animal protection laws as they relate to horses.
Whereas, Recent news reports in this state have conveyed
disturbing images concerning the plight of horses who have been
severely abused or neglected by caretakers and owners, sometimes
totally abandoned to the elements to fend for themselves with neither food nor shelter; and
Whereas, There is a compelling need to implement measures to
ensure animal control officers and law-enforcement officers are
adequately trained and equipped to effectively and diligently
address the problem of abuse and neglect of horses and to enforce
existing laws designed and intended to offer protection to horses;
and
Whereas, Clear demarcations in the law need to be prescribed
that designate exactly what agencies of government are responsible
for the investigation of cases of abuse and neglect of horses; and
Whereas, Many unanswered questions remain which bear on the
state's authority to protect horses from abuse, neglect and
abandonment, such as how long officials have to act after a
complaint is made, under what circumstances professional equine
veterinarians are called into a case to decide whether a horse is
too sick or feeble to save and when and in what capacity does the
Department of Animal Health enter into an individual case involving
allegations of abuse or neglect of a horse or horses; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effectiveness of existing animal protection
laws as they relate to horses; 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 Deem, Plymale and Minard offered the following
resolution:
Senate Resolution No. 47--Congratulating the Parkersburg High
School wrestling team on winning the 2007 Class AAA state wrestling
championship.
Whereas, The Parkersburg High School wrestling team had an
extraordinary season which earned it the opportunity to participate
in the 2006 Class AAA championship tournament; and
Whereas, The Parkersburg High School wrestling team won the
2007 Class AAA state championship; and
Whereas, The coaching staff of the Parkersburg High School
wrestling team, consisting of Head Coach Scheny Schenerlein,
Assistant Coach Steve Rader and coaches Tom Brock, Tony Dickens,
Jason Marks and Troy Owens, is commended for its coaching ability;
and
Whereas, The members of the Parkersburg High School wrestling
team, consisting of Dustin Bell, Ian Bodenhoff, Kyle Bratke, Sean
Chichester, Nathan Cunningham, Ryan Ewing, Clark Ferrell, Tyler
Fornash, Justin Haynes, Tommy Little, Matt Littleton, Kyle McPeek,
Chad Morrison, Jordan Nolan, Josh Shiflet, Jordan Smith, Andy
Thomas, Joey Thomas, Zac Trembly, Brandon Wilson, Michael Winans,
Kyle Ogaz and Dan Wheeler, are commended for their sportsmanship and
athletic ability; and
Whereas, The Parkersburg High School wrestling team
had three
individual state champions, Jordan Nolan, Brandon Wilson and Andy
Thomas, giving Parkersburg 140 individual champions, which is the
most in the country; and
Whereas, The victory gave the Parkersburg High School wrestling
team
its 20th team wrestling title and also its 500th dual meet
victory; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High
School wrestling team on winning the 2007 Class AAA state wrestling
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to each coach and member of the
Parkersburg High School wrestling team.
At the request of Senator Deem, 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.
Senators Deem, Plymale and Minard offered the following
resolution:
Senate Resolution No. 48--Congratulating the Parkersburg South
High School golf team on winning the 2006 Class AAA state
championship.
Whereas, The Parkersburg South High School golf team had an
extraordinary season which earned it the opportunity to participate
in the 2006 Class AAA state tournament; and
Whereas, The Parkersburg South High School golf team won the
2006 Class AAA state championship; and
Whereas, The coaching staff of the Parkersburg South High
School golf team, consisting of Head Coach Matt Null and Assistant
Coach Steve Wiseman, is commended for its coaching ability in
winning back-to-back team state titles and coaching the team to a
record of 124 wins and four losses
; and
Whereas, The members of the Parkersburg South High School golf
team, consisting of Kevin Bayer, Josh Webb, Matt Hess, Daniel
Palmer, Cory Gilchrist, Zach Hupp, Ethan Dye, Jake Whytsell, Jacob
Wade, Chase Moore and Brad White, are commended for their sportsmanship and athletic ability; and
Whereas, Parkersburg South High School golf team
member Ben
Palmer
was the individual state champion; and
Whereas, Parkersburg South High School golf team
members Ben
Palmer and Mike Goldsberry
were named All-State Golfers; therefore,
be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg South High
School golf team on winning the 2006 Class AAA state championship;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each member of the
Parkersburg South High School golf team.
At the request of Senator Deem, 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.
At the request of Senator Plymale, unanimous consent being
granted, Senators Plymale and Helmick offered the following
resolution from the floor:
Senate Resolution No. 49--
Granting permission to introduce a
bill relating to increasing the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher
Education Improvement Fund for higher education from ten million
dollars to fifteen million dollars.
Resolved by the Senate of West Virginia, two thirds of the
members present and voting agreeing thereto:
That in accordance with Senate Rule No. 14, permission is
hereby given to introduce a bill with the following title:
A Bill to amend and reenact §29-22-18a of the Code of West
Virginia, 1931, as amended, relating to increasing the amount from
the State Excess Lottery Revenue Fund that is deposited each fiscal
year into the Higher Education Improvement Fund for higher education
from ten million dollars to fifteen million dollars.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration and
reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put.
Under rule number forty=three of the Rules of the Senate,
Senator McCabe was excused form voting on amy matter pertaining to
the bill.
The question being "Shall Senate Resolution No. 49 be adopted?"
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: McCabe--1.
So, two thirds of all the members present and voting having
voted in the affirmative, the President declared the resolution (S.
R. No. 49) adopted.
Thereupon, under the provisions of Senate Resolution No. 49
(Granting permission to introduce bill relating to increasing Higher
Education Improvement Fund), immediately hereinbefore adopted,
On motion for leave, the following bill was introduced from the
floor and read by its title:
By Senators Plymale and Helmick:
Senate Bill No. 761--
A Bill to amend and reenact §29-22-18a of
the Code of West Virginia, 1931, as amended, relating to increasing
the amount from the State Excess Lottery Revenue Fund that is
deposited each fiscal year into the Higher Education Improvement
Fund for higher education from ten million dollars to fifteen
million dollars.
At the request of Senator Plymale, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: McCabe--1.
The bill was read a second time and ordered to engrossment and
third reading.
At the request of Senator Plymale, unanimous consent being
granted, Senators Plymale and Helmick offered the following
resolution from the floor:
Senate Concurrent Resolution No. 79--
Suspending Joint Rule No.
5, relating to consideration of a bill on third reading in its house
of origin after the fiftieth day.
Senate Bill No. 761, Increasing deposit into higher education
improvement fund for higher education.
Resolved by the Legislature of West Virginia, two thirds of the
members in each house agreeing thereto:
That the provisions of Rule No. 5 of the Joint Rules of the
Senate and House of Delegates are hereby suspended for the express
purpose of consideration of Senate Bill No. 761.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration and
reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put.
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,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: McCabe--1.
So, two thirds of all the members present and voting having
voted in the affirmative, the President declared the resolution (S.
C. R. No. 79) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Plymale, and by unanimous consent,
the Senate returned to the consideration of
Eng. Senate Bill No. 761, Increasing amount from State Excess Lottery Revenue Fund into Higher Education Improvement Fund.
The bill was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 761 pass?"
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, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 761) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe--1.
Excused from voting: McCabe--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. 761) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senators Oliverio and Helmick regarding the
passage of Engrossed Senate Bill No. 761 were ordered printed in the
Appendix to the Journal.
At the request of Senator Edgell, and by unanimous consent, the
Senate returned to the second order of business and the introduction
of guests.
The Senate
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 56, Requesting Joint Committee
on Government and Finance study practices related to asbestos and
silica exposure litigation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study role of principal in public schools.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 61, Authorizing issuance of
revenue bonds to fund capital improvements for state community and
technical colleges.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 69, Requesting Joint Committee
on Government and Finance study statutory provisions for annexation
of unincorporated municipal corporations.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 73, Requesting Division of
Highways name bridge crossing Beaver Creek on Interstate 64, Raleigh
County, "Major Jeff L. Davis Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 74, Requesting Legislative
Oversight Committee on Health and Human Resources Accountability
study governance of not-for-profit health care organizations.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 75, Requesting Joint Committee
on Government and Finance study salary increases to Division of
Corrections' employees.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
House Concurrent Resolution No. 48, Requesting the Joint
Committee on Government and Finance to study sustainable funding
methods to conserve land important to West Virginia's natural
resources and economy.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Deem, unanimous consent being
granted, further consideration of the resolution was deferred until
the conclusion of bills on today's second reading calendar.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had returned to the
Senate calendar, on second reading, 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 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. 2989, Engrossed House Bill No. 2991, Engrossed House Bill No.
3072, Engrossed Committee Substitute for House Bill No. 3093,
Engrossed House Bill No. 3270, Engrossed House Bill No. 3271 and
Engrossed House Bill No. 3272.
Senator Chafin also announced that in the same meeting, the
Committee on Rules, in accordance with rule number seventeen of the Rules of the Senate, had placed consideration of Engrossed Committee
Substitute for House Bill No. 2048, Engrossed Committee Substitute
for House Bill No. 2181, Engrossed Committee Substitute for House
Bill No. 2189, Engrossed Committee Substitute for House Bill No.
2498, Engrossed Committee Substitute for House Bill No. 2558,
Engrossed Committee Substitute for House Bill No. 2588, Engrossed
House Bill No. 2770, Engrossed Committee Substitute for House Bill
No. 2918, Engrossed House Bill No. 3006, Engrossed Committee
Substitute for House Bill No. 3094 and Engrossed House Bill No. 3184
preceding consideration of all other bills on today's second reading
calendar.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2145, Defining limited use
residence elevators in public places.
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. 2145) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2332, Clarifying that magistrate courts
have concurrent jurisdiction with circuit courts with laws
prohibiting the use of tobacco by minors.
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. 2332) 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. 2422, Providing cost-saving measures in connection with providing medical care in regional
jails.
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. 2422) 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. 2527, Revising the sunrise
review process.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2527) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 2527--A Bill to repeal §30-
1A-2a of the Code of West Virginia, 1931, as amended; and to amend
and reenact §30-1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of said code,
all relating to sunrise law; requiring applications for substantial
revision or expansion of the scope of practice of regulated
professions and occupations; modifying the criteria to be considered
in the decision to regulate a profession or occupation; requiring
certain findings in the sunrise report; requiring reapplication if
the Joint Standing Committee on Government Organization does not
approve the application; and requiring that weight be given to the
recommendations of the Joint Standing Committee on Government
Organization.
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. 2527) 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. 2544, Increasing the penalty
for driving under the influence causing death.
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. 2544) 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. 2568, Extending the sunset provision
regarding racial profiling analysis.
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, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Sypolt--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. 2568) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2575, Relating to commercial driver's licences (CDL).
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, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Unger--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. Com.
Sub. for H. B. No. 2575) 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. 2747, Regulating plumbers and
fire protection workers.
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. 2747) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for House Bill No. 2747--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §21-14-1, §21-14-2, §21-14-3, §21-14-4, §21-
14-5, §21-14-6, §21-14-7, §21-14-8 and §21-14-9; and to amend said
code by adding thereto a new article, designated §29-3D-1, §29-3D-2,
§29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and
§29-3D-9, all relating to regulating plumbers and fire protection
workers; definitions; requiring plumbers to be licensed by the
Commissioner of Labor; requiring fire protection workers to be
licensed by the State Fire Marshal; exemptions from licensure; rule-
making authority for the Commissioner of Labor and the State Fire
Marshal; providing enforcement procedures; criminal penalties; and providing that no political subdivision of the state may mandate
additional licensing requirements.
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. 2747) 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. 2763, Relating to persons
performing financial examinations of insurers.
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. 2763) 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. 2763--A Bill to amend and
reenact §33-7-3 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §33-33-2 and §33-33-6 of said code, all
relating to financial examinations of insurers; eliminating the
exclusion of certain assets in the determination of the financial
condition of insurers; defining term; prohibiting use of
indemnification agreements by accountants performing certain audits;
and permitting mediation or arbitration agreements in certain
circumstances.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2764, Establishing criminal
history checks for applicants for insurance producer licenses.
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. 2764) 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. 2764--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §33-12-37, relating to criminal history checks
for applicants for insurance producer licenses; defining terms;
authorizing Insurance Commissioner to establish and collect fees;
requiring applicants to submit fingerprints; requiring the Insurance
Commission to transmit fingerprints to the State Police and Federal
Bureau of Investigation; requiring certain records be confidential;
exempting certain information from disclosure pursuant to subpoena
or discovery; and authorizing Insurance Commissioner to promulgate emergency rules.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2800, Relating to the
practice of medical imaging and radiation therapy.
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. 2800) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2801, Providing a fifty
thousand dollar death benefit to the families of firefighters and
EMS personnel who are killed in the line of duty.
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. 2801) 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. 2801) 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. 2825, Eliminating the provision that
allowed private clubs segregated on the basis of race or color to
obtain a license to sell alcoholic beverages.
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. 2825) 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. 2926, Relating to providing
notification that a domestic violence protective order has been
extended.
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. 2926) 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. 2945, Providing for tax
credits for apprenticeship training in construction trades.
On third reading, coming up in regular order, was read a third
time.
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2945 pass?"
Pending discussion,
Senator Caruth requested unanimous consent that further
consideration of the bill be deferred until the conclusion of bills
on today's second reading calendar, following consideration House Concurrent Resolution No. 48, already placed in that position.
Which consent was not granted, Senator Bowman objecting.
Senator Caruth then moved that further consideration of the
bill be deferred until the conclusion of bills on today's second
reading calendar, following consideration House Concurrent
Resolution No. 48, already placed in that position.
The question being on the adoption of Senator Caruth's
aforestated motion, the same was put and did not prevail.
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2945 pass?"
Pending discussion,
At the request of Senator Caruth, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. House Bill No. 2956, Relating to civil actions filed in
the courts of the state.
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. 2956) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2992, Decreasing the health care provider
tax imposed on gross receipts of providers of nursing facility
services.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2992) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 3018, Limiting the duplication of
publication costs in the administration of certain estates.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 3048, Providing credit for
specified high technology manufacturers.
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. 3048) passed with it title.
Senator Chafin moved that the bill take effect January 1, 2008.
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. 3048) takes effect January 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3074, Relating to the
carrying of concealed weapons.
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. 3074) 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. 3106, Increasing the number
of family court judges and realigning certain districts to address
excessive workloads.
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. 3106) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3228, Providing that home confinement
officers are subject to criminal prohibition of engaging in sexual
intercourse with person incarcerated.
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. 3228) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 2945, Providing for tax
credits for apprenticeship training in construction trades.
Having been read a third time in earlier proceedings today, and
now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2945 pass?"
Pending discussion,
At the request of Senator Sprouse, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar, following
consideration of House Concurrent Resolution No. 48, already placed
in that position.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2048, Clarifying public
library board service areas as determined by the Library Commission.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-5. Board of library directors -- Qualifications; term of
office; vacancies; removal; no compensation.
(a) Whenever a public library is established under this
article, the governing authority or authorities shall appoint a
board of five directors with five members chosen with reference to
their fitness for such office, from:
(1) The citizens at large of the library's service area, as
determined by the Library Commission; or
(2) The such governmental division or divisions with reference
to their fitness for such office, except that in county in which the
library is located.
(b) The board of directors for a regional library the board of
directors shall consist of not less than five nor more than ten
members, with a minimum of one member from each county in the
region. The total number of directors and the apportionment of
directors by county to shall be determined by joint action of the
governing authorities concerned.
(c) In either case directors shall hold The term of office for
a director is five years from the first day of July following their
the appointment. Directors may only serve two consecutive terms,
and may serve until their successors are appointed and qualified.
(d) Provided, That upon their first appointment For a new board
of directors under this article, a proportionate number the initial
appointment of the directors shall be appointed for one year, for
two years, for three years, for four years and for five years and
staggered. Thereafter all appointments shall be for terms of five
years.
(e) Vacancies in the board shall be immediately reported by the
board to the governing authority and filled by appointment in like
manner, and, if. Vacancies for an unexpired term shall be immediately reported by the board to the governing authority and
filled by appointment for the remainder of the term only.
(f) A director may be removed for just cause in the manner
provided by the bylaws of the library board.
(g) No compensation shall be paid or allowed to any director.
The bill (Eng. Com. Sub. for H. B. No. 2048), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2048) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2048) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2181, Requiring that annual
reports be recorded on CD-Rom for distribution.
On second reading, coming up out of regular order, was reported
by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar, following
consideration of Engrossed Committee Substitute for House Bill No.
2945, already placed in that position.
Eng. Com. Sub. for House Bill No. 2189, Relating to substitute
service personnel seniority.
On second reading, coming up out of regular order, was read a
second time.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18-5-13 of said code be amended and
reenacted; that §18-20-2 of said code be amended and reenacted; that
§18A-1-1 of said code be amended and reenacted; that said code be
amended by adding thereto two new sections, designated §18A-4-7c and
§18A-4-10f; that §18A-4-8, §18A-4-8b, §18A-4-8f, §18A-4-8g, §18A-4-
10 and §18A-4-15 of said code be amended and reenacted; and that
§18A-5-8 of said code be amended and reenacted, all to read as
follows:
CHAPTER 18. EDUCATION.
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any proceedings
pursuant thereto shall, unless the context clearly indicates a
different meaning, be construed as follows: have the meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a) "School" means the pupils students and teacher or teachers assembled in one or more buildings, organized as a unit;
(b) "District" means county school district;
(c) "State board" means the West Virginia Board of Education;
(d) "County board" or "board" means the a county board of
education;
(e) "State superintendent" means the State Superintendent of
Free Schools;
(f) "County superintendent" or "superintendent" means the a
county superintendent of schools;
(g) "Teacher" means a teacher, supervisor, principal,
superintendent or public school librarian; registered professional
nurse, licensed by the West Virginia Board of Examiners for
Registered Professional Nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school in
this state;
(h) "Service personnel" means all nonteaching school employees
not included in the above definition of "teacher"; "Service person"
or "service personnel", whether singular or plural, means any
nonteaching school employee who is not included in the meaning of
"teacher" as defined in this section, and who serves the school or
schools as a whole, in a nonprofessional capacity, including such
areas as secretarial, custodial, maintenance, transportation, school
lunch and aides. Any reference to "service employee" or "service employees" in this chapter or chapter eighteen-a of this code means
service person or service personnel as defined in this section;
(I) "Social worker" means a nonteaching school employee who,
at a minimum, possesses an undergraduate degree in social work from
an accredited institution of higher learning and who provides
various professional social work services, activities or methods as
defined by the state board for the benefit of students;
(j) "Regular full-time employee" means any person employed by
a county board of education who has a regular position or job
throughout his or her employment term, without regard to hours or
method of pay;
(k) "Career clusters" means broad groupings of related
occupations;
(l) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;
(m) "School-age juvenile" means any individual who is entitled
to attend or who, if not placed in a residential facility, would be
entitled to attend public schools in accordance with: (1) Section
five, article two of this chapter; (2) sections fifteen and
eighteen, article five of this chapter; or (3) section one, article
twenty of this chapter;
(n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this
chapter;
(o) "Low-density county" means a county whose ratio of student
population to square miles is less than or equal to the state
average ratio as computed by the State Department of Education;
(p) "High-density county" means a county whose ratio of student
population to square miles is greater than the state average ratio
as computed by the State Department of Education; and
(q) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13. Authority of boards generally.
Each county board Subject to the provisions of this chapter and
the rules of the state board, has the authority each county board
may:
(a) To Control and manage all of the schools and school
interests for all school activities and upon all school property
whether owned or leased by the county, including the authority to:
require that records be kept of:
(1) Requiring schools to keep records regarding funds connected
with the school or school interests, including all receipts and
disbursements of all funds collected or received by:
(A) Any principal, teacher, student or other person in connection with the schools and school interests; any programs,
activities or other endeavors
(B) Any program, activity or other endeavor of any nature
operated or carried on conducted by or in the name of the school;
or to and
(C) Any organization or body directly connected with the
school;
(2) Allowing schools to expend funds for student, parent,
teacher and community recognition programs. A school may use only
funds it generates through a fund-raising or donation-soliciting
activity. Prior to commencing the activity, the school shall:
(A) Publicize the activity as intended for this purpose; and
(B) Designate for this purpose the funds generated;
(3) Audit Auditing the records and to conserve conserving the
funds, which shall be considered quasipublic moneys including
securing surety bonds by expenditure of expending board moneys. The
funds described in this subsection are quasipublic funds, which
means the moneys were received for the benefit of the school system
as a result of curricular or noncurricular activities;
(b) To Establish:
(1) Schools, from preschool through high school; inclusive of
(2) Vocational schools; and to establish
(3) Schools and programs or both for post-high school
instruction, subject to approval of the state board;
(c) To Close any school:
(1) Which is unnecessary and to assign the pupils of the school
assign the students to other schools. Provided, That The closing
shall be officially acted upon, and occur pursuant to official
action of the county board. Except in emergency situations when the
timing and manner of notification are subject to approval by the
state superintendent, the county board shall notify the affected
teachers and service personnel involved notified on or before of the
county board action not later than the first Monday in April. The
board shall provide notice in the same manner as provided set forth
in section four of this article; except in an emergency, subject to
the approval of the state superintendent or under subdivision or
(2) Pursuant to the provisions of subsection (e) of this
section;
(d) To Consolidate schools;
(e) To Close any elementary school whose average daily
attendance falls below twenty pupils students for two consecutive
months. in succession and send the pupils The county board may
assign the students to other schools in the district or to schools
in adjoining districts. If the teachers in the closed school are
not transferred or reassigned to other schools, they shall receive
one month's salary;
(f) Provide transportation according to rules established by
the county board, as follows:
(1) To provide at public expense adequate means of
transportation: including transportation across county lines for
students whose transfer from one district to another is agreed to
by both county boards as reflected in the minutes of their
respective meetings
(A) For all children of school age who live more than two miles
distance from school by the nearest available road; to provide at
public expense, according to such rules as the board may establish,
adequate means of transportation
(B) For school children participating in county board-approved
curricular and extracurricular activities; to provide at public
expense, by rules and
(C) Across county lines for students transferred from one
district to another by mutual agreement of both county boards. The
agreement shall be recorded in the meeting minutes of each
participating county board and is subject to the provisions of
subsection (h) of this section; and
(D) Within the available revenues, transportation for those for
students within two miles distance of the school; and
(2) To provide at no cost to the county board and according to
rules established by the board transportation for participants in
projects operated, financed, sponsored or approved by the Commission
on Aging all subject to the following: (A) Bureau of Senior
Services. This transportation shall be provided at no cost to the county board. All costs and expenses incident in any way to this
transportation for projects connected with the commission on aging
shall be borne by the Commission bureau or the local or county
chapter affiliate of the bureau;
(B) (3) In all cases, the school buses Any school bus owned by
the county board shall be driven or may be operated only by drivers
by a bus operator regularly employed by the county board;
(C) (4) The county board may provide, under Pursuant to rules
established by the state board, for the certification of the county
board may provide for professional employees as drivers of to be
certified to drive county board-owned vehicles with that have a
seating capacity of less fewer than ten passengers. used for the
transportation of pupils These employees may use the vehicles to
transport students for school-sponsored activities, other than
transporting but may not use the vehicles to transport students
between school and home. The use of the vehicles shall be limited
to one for each Not more than one of these vehicles may be used for
any school-sponsored activity; and (D)
(5) Students may not be transported to a school-sponsored
activity in any county-owned or -leased vehicle that does not meet
school bus or public transit ratings. This section does not
prohibit a parent from transporting ten or fewer students in a
privately owned vehicle;
(6) Students may be transported to a school-sponsored activity in a vehicle that has a seating capacity of sixteen or more
passengers which is not owned and operated by the county board only
as follows:
(A) The state board shall promulgate a rule to establish
requirements for:
(I) Automobile insurance coverage;
(ii) Vehicle safety specifications;
(iii) School bus or public transit ratings; and
(iv) Driver training, certification and criminal history record
check; and
(B) The vehicle owner shall provide to the county board proof
that the vehicle and driver satisfy the requirements of the state
board rule; and
(7) Buses shall be used for extracurricular activities as
provided in this section only when the insurance provided for
coverage required by this section is in effect;
(2) To enter into agreements with one another as reflected in
the minutes of their respective meetings to provide, on a
cooperative basis, adequate means of transportation across county
lines for children of school age subject to the conditions and
restrictions of this subsection and subsection (h) of this section;
(g) (1) To Lease school buses pursuant to rules established by
the county board.
(1) Leased buses may be operated only by drivers bus operators regularly employed by the county board.
(2) The lessee shall bear all costs and expenses incurred by,
or incidental to the use of, the bus.
(3) The county board may lease buses to:
(A) Public and private nonprofit organizations or and private
corporations to transport school-age children to and from for camps
or educational activities in accordance with rules established by
the county board. All costs and expenses incurred by or incidental
to the transportation of the children shall be borne by the lessee;
(2) (B) To contract with Any college, or university or
officially recognized campus organizations to provide transportation
for college or university organization for transporting students,
faculty or and staff to and from the college or university. Only
college and university students, faculty and staff may be
transported pursuant to this section paragraph. The contract lease
shall include consideration and provisions for:
(i) Compensation for bus operators;
(ii) Consideration for insurance coverage, repairs and other
costs of service; insurance and
(iii) Any rules concerning student behavior;
(C) Public and private nonprofit organizations, including
education employee organizations, for transportation associated with
fairs, festivals and other educational and cultural events. The
county board may charge fees in addition to those charges otherwise required by this subsection.
(h) To provide at public expense for insurance coverage against
the negligence of the drivers of school buses, trucks or other
vehicles operated by the county board. and if the transportation of
pupils is contracted, then the contract for the transportation shall
provide that the contractor shall carry Any contractual agreement
for transportation of students shall require the vehicle owner to
maintain insurance coverage against negligence in an amount
specified by the county board;
(I) To Provide solely from county board funds for all regular
full-time employees of the county board all or any part of the cost
of a group plan or plans of insurance coverage for the full cost or
any portion thereof for group plan insurance benefits not provided
or available under the West Virginia Public Employees Insurance Act.
Any of these benefits shall be provided:
(1) Solely from county board funds; and
(2) For all regular full-time employees of the county board;
(j) To Employ teacher aides; to provide in-service training for
teacher the aides pursuant to rules established by the state board;
the training to be in accordance with rules of the state board and,
in the case of service personnel assuming duties as teacher aides
in exceptional children programs to provide and, prior to
assignment, to provide a four-clock-hour program of training for a
service person assigned duties as a teacher aide in an exceptional children program. prior to the assignment. which shall, in
accordance with rules of the state board The four-clock-hour
program shall consist of training in areas specifically related to
the education of exceptional children;
(k) To Establish and conduct operate a self-supporting
dormitory for: the accommodation of the pupils
(1) Students attending a high school or participating in a post
high school program; and of
(2) Persons employed to teach in the high school or post high
school program;
(l) At the county board's discretion, to employ, contract with
or otherwise engage legal counsel in lieu of utilizing using the
services of the prosecuting attorney to advise, attend to, bring,
prosecute or defend, as the case may be, any matters, actions, suits
and proceedings in which the county board is interested;
(m) To Provide appropriate uniforms for school service
personnel;
(n) To Provide at public expense and under rules as established
by any county board for the for payment of traveling expenses
incurred by any person invited to appear to be interviewed
concerning possible employment by the county board, subject to rules
established by the county board;
(o) To Allow or disallow their designated employees to use
publicly provided carriage to travel from their residences to their workplace and return. Provided, That the usage The use:
(1) Is subject to the supervision of the county board; and is
(2) Shall be directly connected with, and required by the
nature and in and essential to the performance of the employee's
duties and responsibilities;
(p) To Provide at public expense adequate public liability
insurance, including professional liability insurance, for county
board employees;
(q) To Enter into cooperative agreements with one another other
county boards to provide on a cooperative basis improvements to the
instructional needs of each district. The cooperative agreements
may be used to employ specialists in a field of academic study or
for support functions or services for the academic study field. The
agreements are subject to approval by the state board;
(r) To Provide information about vocational or and higher
education opportunities to exceptional students. with handicapping
conditions The county board shall provide in writing to the students
and their parents or guardians information relating to programs of
vocational education and to programs available at state funded
institutions of higher education. The information may include
sources of available funding, including grants, mentorships and
loans for students who wish to attend classes at institutions of
higher education;
(s) To Enter into agreements with one another, with the approval of the state board other county boards for the transfer and
receipt of any and all funds determined to be fair when students are
permitted or required to attend school in a district other than the
district of their residence. These agreements are subject to the
approval of the state board; and
(t) To Enter into job-sharing arrangements, as defined in
section one, article one, chapter eighteen-a of this code, with its
employees, subject to the following provisions:
(1) A job-sharing arrangement shall meet all the requirements
relating to posting, qualifications and seniority, as provided for
in article four, chapter eighteen-a of this code;
(2) Notwithstanding any provisions contrary provision of this
code or legislative rule and specifically the provisions of article
sixteen, chapter five of this code, to the contrary a county board
which that enters into a job-sharing arrangement: in which two or
more employees voluntarily share an authorized full-time position
(A) Shall provide the insurance coverage to the one employee
mutually agreed upon employee coverage but shall by the employees
participating in that arrangement; and
(B) May not offer insurance coverage provide insurance benefits
of any type to more than one of the job-sharing employees, including
any group plan or group plans available under the State Public
Employees Insurance Act;
(3) Each job-sharing agreement shall be in writing on a form prescribed and furnished by the county board. The agreement shall
designate specifically one employee only who is entitled to the
insurance coverage. Any employee who is not so designated is not
eligible for state public employees insurance coverage regardless
of the number of hours he or she works;
(4) All employees involved in the job-sharing agreement shall
meet the requirements of subdivision (3), section two, article
sixteen, chapter five of this code; and
(5) When entering into a job-sharing agreement, the county
board and the participating employees involved in the job-sharing
agreement shall consider issues such as retirement benefits,
termination of the job-sharing agreement and any other issue the
parties to the agreement consider appropriate. Any provision in the
agreement relating to retirement benefits shall may not cause any
cost to be incurred by the retirement system that is more than the
cost that would be incurred if a single employee were filling the
position. ; and
"Quasipublic funds" as used in this section means any money
received by any principal, teacher, student or other person for the
benefit of the school system as a result of curricular or
noncurricular activities.
(u) Each county board shall Under rules it establishes for each
child, expend under rules it establishes for each child an amount
not to exceed the proportion of all school funds of the district that each child would be entitled to receive if all the funds were
distributed equally among all the children of school age in the
district upon a per capita basis.
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-2. Providing suitable educational facilities, equipment and
services.
(a) The board of education of Each county is empowered and is
responsible for providing board shall provide suitable educational
facilities, special equipment and such special services as may be
that are necessary. Special services include provisions and
procedures for finding and enumerating exceptional children of each
type, diagnosis by appropriate specialists who will certify the
child's need and eligibility for special education and make
recommendations for such treatment and prosthesis as may alleviate
his the disability, special teaching by qualified and especially
specially trained teachers, transportation, lunches and remedial
therapeutic services. Qualifications of teachers and therapists
shall be in accordance with standards prescribed or approved by the
state board of Education.
(b) Counties A county board may provide for educating their
resident exceptional children by contracting with other counties or
other educational agencies which maintain such special education
facilities. Fiscal matters will shall follow policies approved by
the state Board of Education.
(c) The county board shall provide a four-clock-hour program
of training for any teacher aide employed to assist teachers in
providing services to exceptional children under this article shall
prior to assuming such duties complete a four-clock-hour course of
the assignment. The program shall consist of training in areas
specifically related to the education of exceptional children, to
be provided by the county in accordance with rules and regulations
pursuant to rules of the state board of Education. Such The
training shall occur during normal working hours and an opportunity
to be trained shall be provided such to the employee service person
prior to the filling of a vacancy in accordance with the provisions
of section eight-b, article four, chapter eighteen-a of this code.
(d) The county board annually shall make available during
normal working hours to all regularly employed teachers' aides
twelve hours of training that satisfies the continuing education
requirements for the aides regarding:
(1) Providing services to children who have displayed violent
behavior or have demonstrated the potential for violent behavior;
and
(2) Providing services to children diagnosed as autistic or
with autism spectrum disorder. This training shall be structured
to permit the employee to qualify as an autism mentor after a
minimum of four years of training. The county board shall:
(A) Notify in writing all teachers' aides of the location, date and time when training will be offered for qualification as an
autism mentor; and
(B) Reimburse any regularly employed or substitute teacher's
aide who elects to attend this training for one half of the cost of
the tuition.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 1. GENERAL PROVISIONS.
§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter
eighteen of this code apply to this chapter. In addition, the
following words used in this chapter and in any proceedings pursuant
to this chapter shall, unless the context clearly indicates a
different meaning, be construed as follows: have the meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a) "School personnel" means all personnel employed by a county
board whether employed on a regular full-time basis, an hourly basis
or otherwise. "School personnel" shall be is comprised of two
categories: Professional personnel and service personnel;
(b) "Professional person" or "professional personnel" means
persons those persons or employees who meet the certification
requirements of the state, licensing requirements of the state, or
both, and includes the a professional educator and other
professional employees employee;
(c) "Professional educator" has the same meaning as "teacher"
as defined in section one, article one, chapter eighteen of this
code. Professional educators shall be are classified as follows:
(1) "Classroom teacher" means a professional educator who has
a direct instructional or counseling relationship with pupils
students and who spending spends the majority of his or her time in
this capacity;
(2) "Principal" means a professional educator who functions as
an agent of the county board and has responsibility for the
supervision, management and control of a school or schools within
the guidelines established by the county board. The principal's
major area of the responsibility shall be is the general supervision
of all the schools and all school activities involving pupils
students, teachers and other school personnel;
(3) "Supervisor" means a professional educator who whether by
this or other appropriate title, is responsible for working
primarily in the field with professional and other personnel in
instructional and other school improvement. This category includes
other appropriate titles or positions with duties that fit within
this definition; and
(4) "Central office administrator" means a superintendent,
associate superintendent, assistant superintendent and other
professional educators whether by these or other appropriate titles,
who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school
system. This category includes other appropriate titles or
positions with duties that fit within this definition;
(d) "Other professional employee" means that a person from
another profession who is properly licensed and who is employed to
serve the public schools. and This definition includes a registered
professional nurse, licensed by the West Virginia Board of Examiners
for Registered Professional Nurses, and who is employed by a county
board who and has completed either a two-year (sixty-four semester
hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service person" or "service personnel", whether singular
or plural, means those who serve a nonteaching school employee who
is not included in the meaning of "teacher" as defined in section
one, article one, chapter eighteen of this code, and who serves the
school or schools as a whole, in a nonprofessional capacity,
including such areas as secretarial, custodial, maintenance,
transportation, school lunch and as aides. Any reference to
"service employee" or "service employees" in this chapter or chapter
eighteen of this code means service person or service personnel as
defined in this section;
(f) "Principals Academy" or "academy" means the academy created
pursuant to section two-b, article three-a of this chapter;
(g) "Center for Professional Development" means the center
created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written agreement
voluntarily entered into by a county board with two or more of its
employees who wish to divide between them the duties and
responsibilities of one authorized full-time position;
(I) "Prospective employable professional personnel person"
whether singular or plural, means a certified professional educators
educator who:
(1) Have Has been recruited on a reserve list of a county
board;
(2) Have Has been recruited at a job fair or as a result of
contact made at a job fair;
(3) Have Has not obtained regular employee status through the
job posting process provided for in section seven-a, article four
of this chapter; and
(4) Have Has obtained a baccalaureate degree from an accredited
institution of higher education within the past year;
(j) "Dangerous student" means a pupil student who is
substantially likely to cause serious bodily injury to himself,
herself or another individual within that pupil's student's
educational environment, which may include any alternative education
environment, as evidenced by a pattern or series of violent behavior
exhibited by the pupil student, and documented in writing by the
school, with the documentation provided to the student and parent
or guardian at the time of any offense; and
(k) "Alternative education" means an authorized departure from
the regular school program designed to provide educational and
social development for students whose disruptive behavior places
them at risk of not succeeding in the traditional school structures
and in adult life without positive interventions.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-7c. Summer employment of professional educators.
(a) A county board shall hire professional educators for
positions in summer school programs in accordance with section
thirty-nine, article five, chapter eighteen of this code or section
seven-a of this article, as applicable, except that a professional
educator who is currently employed by the county board shall be
given employment preference over applicants who are not current
employees.
§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 two 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 two 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 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) Custodians, aides, A 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 may 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 section eight-a of this article;
(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 a person who
are 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 educator
as defined in section one, article one of this chapter 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
(C) The director or coordinator of service positions services
shall be classified as either as a professional personnel person or
a service personnel person position for state aid formula funding
purposes; and
(D) Funding for the position of directors or coordinators
director or coordinator of service positions services shall be 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 a person who are
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; and Provided further, That
(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 a person who are
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 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) 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 his or her written consent, a
service person may not be:
(1) Reclassified by class title; or nor may a service employee,
without his or her written consent, be
(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-4-8b. Seniority rights for school service personnel.
(a) A county board shall make decisions affecting promotions
and the filling of any service personnel positions of employment or
jobs occurring throughout the school year that are to be performed
by service personnel as provided in section eight of this article,
on the basis of seniority, qualifications and evaluation of past
service.
(b) Qualifications shall mean means that the applicant holds
a classification title in his or her category of employment as provided in this section and must shall be given first opportunity
for promotion and filling vacancies. Other employees then must
shall be considered and shall qualify by meeting the definition of
the job title as defined in section eight of this article, that
relates to the promotion or vacancy. If requested by the employee,
the county board must shall show valid cause why an employee a
service person with the most seniority is not promoted or employed
in the position for which he or she applies. Applicants shall be
considered in the following order:
(1) Regularly employed service personnel;
(2) Service personnel whose employment has been discontinued
in accordance with this section;
(3) Professional personnel who held temporary service personnel
jobs or positions prior to the ninth day of June, one thousand nine
hundred eighty-two, and who apply only for such these temporary jobs
or positions;
(4) Substitute service personnel; and
(5) New service personnel.
(c) The county board may not prohibit a service employee person
from retaining or continuing his or her employment in any positions
or jobs held prior to the effective date of this section and
thereafter.
(d) A promotion shall be is defined as any change in his
employment that the employee service person deems considers to improve his or her working circumstance within his the
classification category of employment. and shall include
(1) A promotion includes a transfer to another classification
category or place of employment if the position is not filled by an
employee who holds a title within that classification category of
employment.
(2) Each class title listed in section eight of this article
shall be is considered a separate classification category of
employment for service personnel, except for those class titles
having Roman numeral designations, which shall be considered a
single classification of employment:
(A) The cafeteria manager class title shall be is included in
the same classification category as cooks;
(B) The executive secretary class title shall be is included
in the same classification category as secretaries;
(C) Paraprofessional, autism mentor and braille or sign
language specialist class titles shall be are included in the same
classification category as aides; and
(D) The mechanic assistant and chief mechanic class titles
shall be are included in the same classification category as
mechanics.
(e) For purposes of determining seniority under this section
an employee's service person's seniority begins on the date that he
or she enters into his the assigned duties.
(f) Extra-duty assignments. -
(1) For the purpose of this section, "extra-duty assignments"
are defined as irregular jobs that occur periodically or
occasionally such as, but not limited to, field trips, athletic
events, proms, banquets and band festival trips.
(2) Notwithstanding any other provisions of this chapter to the
contrary, decisions affecting service personnel with respect to
extra-duty assignments shall be made in the following manner:
(A) An employee A service person with the greatest length of
service time in a particular category of employment shall be given
priority in accepting extra duty assignments, followed by other
fellow employees on a rotating basis according to the length of
their service time until all such employees have had an opportunity
to perform similar assignments. The cycle then shall be repeated.
Provided, That
(B) An alternative procedure for making extra-duty assignments
within a particular classification category of employment may be
utilized used if the alternative procedure is approved both by the
county board and by an affirmative vote of two thirds of the
employees within that classification category of employment. For
the purpose of this section, "extra-duty assignments" are defined
as irregular jobs that occur periodically or occasionally such as,
but not limited to, field trips, athletic events, proms, banquets
and band festival trips.
(g) County boards shall post and date notices of all job
vacancies of established existing or newly created positions in
conspicuous places for all school service employees personnel to
observe for at least five working days.
(1) Posting locations shall include any website maintained by
or available for the use of the county board.
(2) The Notice of the a job vacancies vacancy shall include the
job description, the period of employment, the amount of pay and any
benefits and other information that is helpful to the employees
prospective applicants to understand the particulars of the job. Job
postings for vacancies made pursuant to this section shall be
written so as to ensure that the largest possible pool of qualified
applicants may apply. Job postings may not require criteria which
are not necessary for the successful performance of the job and may
not be written with the intent to favor a specific applicant.
(3) After the five-day minimum posting period, all vacancies
shall be filled within twenty working days from the posting date
notice of any job vacancies of established existing or newly created
positions.
Job postings for vacancies made pursuant to this section shall
be written so as to ensure that the largest possible pool of
qualified applicants may apply. Job postings may not require
criteria which are not necessary for the successful performance of
the job and may not be written with the intent to favor a specific applicant.
(4) The county board shall notify any person who has applied
for a job posted pursuant to this section of the status of his or
her application as soon as possible after the county board makes a
hiring decision regarding the posted position.
(h) All decisions by county boards concerning reduction in work
force of service personnel shall be made on the basis of seniority,
as provided in this section.
(I) The seniority of any service personnel person shall be
determined on the basis of the length of time the employee has been
employed by the county board within a particular job classification.
For the purpose of establishing seniority for a preferred recall
list as provided in this section, when an employee a service person
has been employed in one or more classifications, the seniority
accrued in each previous classification shall be is retained by the
employee.
(j) If a county board is required to reduce the number of
employees service personnel within a particular job classification,
the following conditions apply:
(1) The employee with the least amount of seniority within that
classification or grades of classification shall be properly
released and employed in a different grade of that classification
if there is a job vacancy; : Provided, That
(2) If there is no job vacancy for employment within the that classification or grades of classification, he or she the service
person shall be employed in any other job classification which he
or she previously held with the county board if there is a vacancy
and shall retain any seniority accrued in the job classification or
grade of classification.
(k) If Prior to the first day of August after a reduction in
force or transfer is approved:
(1) If the county board in its sole and exclusive judgment
determines that the reason for any particular reduction in force or
transfer no longer exists, as determined by the county board in its
sole and exclusive judgment, the board shall rescind the reduction
in force or transfer and shall notify the affected employee in
writing of his or her the right to be restored to his or her former
position of employment.
(2) Within five days of being so notified, the affected
employee shall notify the county board of his or her intent to
return to his or her the former position of employment or the right
of restoration to the former position shall terminate : Provided,
That terminates:
(3) The county board shall not rescind the reduction in force
of an employee until all employees service personnel with more
seniority in the classification category on the preferred recall
list have been offered the opportunity for recall to regular
employment as provided in this section.
(4) If there are insufficient vacant positions to permit
reemployment of all more senior employees on the preferred recall
list within the classification category of the employee service
person who was subject to reduction in force, the position of the
released employee service person shall be posted and filled in
accordance with this section.
(l) If two or more employees service persons accumulate
identical seniority, the priority shall be determined by a random
selection system established by the employees and approved by the
county board.
(m) All employees service personnel whose seniority with the
county board is insufficient to allow their retention by the county
board during a reduction in work force shall be placed upon a
preferred recall list and shall be recalled to employment by the
county board on the basis of seniority.
(n) Employees A service person placed upon the preferred list
shall be recalled to any position openings by the county board
within the classification(s) where they he or she had previously
been employed, or to any lateral position for which the employee
service person is qualified or to a lateral area for which an
employee a service person has certification and/or licensure.
(o) Employees A service person on the preferred recall list
shall not forfeit their the right to recall by the county board if
compelling reasons require an employee him or her to refuse an offer of reemployment by the county board.
(p) The county board shall notify all employees service
personnel on the preferred recall list of all position openings that
exist from time to time exist. The notice shall be sent by
certified mail to the last known address of the employee service
person. It is the duty of Each such employee to service person
shall notify the county board of any change in the of address. of
the employee.
(q) No position openings may be filled by the county board,
whether temporary or permanent, until all employees service
personnel on the preferred recall list have been properly notified
of existing vacancies and have been given an opportunity to accept
reemployment.
(r) An employee A service person released from employment for
lack of need as provided in section sections six and eight-a or six,
article two of this chapter shall be accorded preferred recall
status on the first day of July of the succeeding school year if the
employee he or she has not been reemployed as a regular employee.
(s) Any A 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. Further, employees
(1) A service person denied promotion or employment in violation of this section shall be awarded the job, pay and any
applicable benefits retroactively to the date of the violation and
shall be paid entirely from local funds. Further,
(2) The county board is liable to any party prevailing against
the board for any court reporter costs including copies of
transcripts.
§18A-4-8f. Seniority rights, school consolidation.
(a) Notwithstanding any provision of this article to the
contrary, when a majority of the classroom teachers as defined in
section one, article one of this chapter or school service
personnel, who vote to do so, in accordance with procedures
established herein in this section, and who are employed by a county
board, of education, the board shall give priority to classroom
teachers or school service personnel in any school or schools to be
closed as a result of a consolidation or merger when filling
positions in the new school created by consolidation or newly
created positions in existing schools as a result of the merger.
(b) Each year a consolidation or merger is proposed, prior to
the implementation of that plan, the superintendent shall cause to
be prepared and distributed to all faculty senates and to all
schools or other work sites a ballot on which teachers and service
personnel may indicate whether or not they desire those affected by
school closings to be given priority status in filling new
positions. A secret ballot election shall be conducted:
(1) In each faculty senate for classroom teachers. and The
faculty senate chair shall convey the results of such the election
to the superintendent; and
(2) At each school or work site for school service personnel.
The service personnel supervisor at each school or work site shall
convey the results of the election to the superintendent.
(c) The superintendent shall tabulate and post all results
prior to the notice requirements for reduction in force and transfer
as outlined in sections two and seven, article two of this chapter.
The total number of votes shall be tabulated separately for
classroom teachers and for service personnel. and The provisions of
this section also shall be implemented separately as follows:
(1) For classroom teachers only if a majority of the total
number of teachers who cast a ballot vote to do so; and
(2) For school service personnel only if a majority of the
total number of service personnel who cast a ballot vote to do so.
(d) If a majority approves, the teachers or school service
personnel in the school or schools to be closed shall have priority
in filling new positions in the new or merged schools for which the
teachers are certified or for which the school service personnel are
qualified and meet the standards set forth in the job posting on the
basis of seniority within the county. Provided, That A teacher
shall or school service person may only receive priority for filling
a position at a school impacted affected by a merger or consolidation with only for the position being created by the influx
of students from a consolidated or merged school into the school
receiving students from their closed school or grade level.
(1) The most senior teacher in from the closed school or
schools shall be placed first, the second most senior shall be
placed next and so on until all the newly created positions are
filled, or until all the teachers in the closed school or schools
who wish to transfer into the newly created positions are placed.
(2) The most senior service person from the closed school or
schools has priority in filling any position within his or her
classification category. The second most senior service person from
the closed school or schools then has priority in filling remaining
vacancies and so on until all available positions are filled.
Provided, however, That
(3) If there are fewer new positions in the newly created
school or merged school than there are classroom teachers in or
school service personnel from the school or schools to be closed,
the teachers or school service personnel who were not placed in the
new positions shall retain the same rights as all other teachers or
service personnel with regard to seniority, transfer and reduction
in force. Provided further, That nothing herein shall be construed
to grant
(4) This section does not grant any employee additional rights
or protections with regard to reduction in force.
(e) For the purposes of this section only:
(1) A consolidation shall mean when means that one or more
schools are closed, or one or more grade levels are removed from one
or more schools, and the students who previously attended the closed
schools or grade levels are assigned to a new school. For purposes
of this section only
(2) A merger shall mean when means that one or more schools are
closed or one or more grade levels are removed from one or more
schools and the students who previously attended the closed schools
or grade levels are assigned to another existing school.
(f) The provisions of this section shall do not apply to
positions which that are filled by a county board prior to the
effective date of this section, as reenacted during the regular
session of the Legislature, two thousand seven.
§18A-4-8g. Determination of seniority for service personnel.
(a) Seniority accumulation for a regular school service
employee person:
(1) Begins on the date the employee enters upon regular
employment duties pursuant to a contract as provided in section
five, article two of this chapter; and
(2) Continues until the employee's service person's employment
as a regular employee is severed with the county board; Seniority
shall and
(3) Does not cease to accumulate when the employee county board has authorized is absent an absence whether without pay as
authorized by the county board or the absence is due to illness or
other reasons reason over which the employee has no control. as
authorized by the county board.
(b) Seniority accumulation for a substitute employee service
person: shall begin upon
(1) Begins on the date the employee enters upon the duties of
a substitute as provided in section fifteen of this article, after
executing with the county board a contract of employment as provided
in section five, article two of this chapter; The seniority of a
substitute employee, once established, shall continue and
(2) Continues until the employee enters into the duties of a
regular employment contract as provided in section five, article two
of this chapter; or employment as a substitute service person with
the county board is severed.
(c) Seniority of a regular or substitute employee shall service
person does not continue to accumulate except during the time when
an employee is under the following conditions:
(1) When a service person is willfully absent from employment
duties because of a concerted work stoppage or strike; or is
(2) When a service person is suspended without pay.
(b) (d) For all purposes including the filling of vacancies and
reduction in force, seniority shall be accumulated within particular
classification categories of employment as those classification categories are referred to in section eight-e of this article.
(e) Provided, That When implementing a reduction in force, an
employee the service person with the least seniority within a
particular classification category shall be properly released and
placed on the preferred recall list. The particular classification
title held by an employee a service person within the classification
category shall not be taken into consideration may not be considered
when implementing a reduction in force.
(c) (f) On or before the first day of September and the
fifteenth day of January of each school year, county boards shall
post at each county school or working station the current seniority
list or lists of each school service personnel classification. Each
list shall contain the name of each regularly employed school
service personnel person employed in each classification and the
date that each employee began performing his or her assigned duties
in each classification. Current seniority lists of substitute
school service personnel shall be available to employees upon
request at the county board office.
(d) (g) The seniority of an employee a service person who
transfers out of a class title or classification category of
employment and subsequently returns to that class title or
classification category of employment shall be is calculated as
follows:
(1) The county board shall establish the number of calendar days between the date the employee service person left the class
title or category of employment in question and the date of return
to the class title or classification category of employment.
(2) This number of days shall be added to the employee's
service person's initial seniority date to establish a new beginning
seniority date within the class title or classification category.
(3) The employee service person then shall then be considered
as having held uninterrupted service within the class title or
classification category from the newly established seniority date.
The seniority of an employee who has had a break in the
accumulation of seniority as a result of being willfully absent from
employment duties because of a concerted work stoppage or strike
shall be calculated in the same manner.
(e) (h) Beginning on the first day of July, two thousand seven,
a substitute school service employee person shall acquire regular
employment status, and but not regular employee job bidding rights
or regular seniority, if the employee receives a position pursuant
to subsections the leave of absence or suspension provisions of
subdivisions (2) and (5), subsection (a), section fifteen of this
article. (f) Provided, That
(1) A substitute employee who accumulates regular service
person shall accumulate substitute employee seniority while holding
a position acquired pursuant to said subsections (2) and (5). shall
simultaneously accumulate substitute seniority: Provided, however, That
(2) Upon termination of a the regular employee's service
person's leave of absence or a suspension, the substitute employee
service person shall return to the status previously held. If the
employee returns to substitute status, the employee shall retain any
regular employee seniority accrued, however, this seniority may not
be used in the bidding process for regular positions unless the
employee again attains regular employee status or has attained
preferred recall status.
(3) County boards shall not be are not prohibited from
providing any benefits of regular employment for substitute
employees service personnel, but the benefits shall may not include
regular service personnel employee status and or seniority.
(f) (i) If two or more employees service personnel accumulate
identical seniority, the priority shall be determined by a random
selection system established by the employees service personnel and
approved by the county board.
(1) A board shall conduct the random selection within thirty
days upon of the time the employees establishing service personnel
establish an identical seniority date. All employees service
personnel with an identical seniority date within the same class
title or classification category shall participate in the random
selection.
(2) As long as the affected employees hold identical seniority within the same classification category, the initial random
selection conducted by the board shall be permanent for the duration
of the employment within the same classification category of the
employees by the board. This random selection priority applies to
the filling of vacancies and to the reduction in force of school
service personnel. Provided, That If another employee or employees
subsequently acquire
(3) If any other service person subsequently acquires seniority
identical to the employees involved in the original random
selection, a second random selection shall be held within thirty
days to determine the seniority ranking of the new employee or
employees within the group.
(A) The priority between the employees who participated in the
original random selection shall remain remains the same.
(B) The second random selection shall be is performed by
placing numbered pieces of paper equal to the number of employees
with identical seniority in a container. The employees who were
Any service person who was not involved in the original random
selection shall draw a number from the container which will
determine their his or her seniority within the group as a whole.
(C) This process will be repeated if any additional employees
subsequently acquire service person subsequently acquires identical
seniority.
(D) The same process shall be utilized used if any additional employees are service person is subsequently discovered to have the
same seniority as the original group of employees but who did not
participate in the original random selection through due to
oversight or mistake.
(g) (j) Service personnel who are employed in a classification
category of employment at the time when a vacancy is posted in the
same classification category of employment shall be given first
opportunity to fill the vacancy.
(h) (k) Seniority acquired as a substitute service person and
as a regular employee service person shall be calculated separately
and shall may not be combined for any purpose. Seniority acquired
within different classification categories shall be calculated
separately. Provided, That when If a school service employee makes
application applies for a position outside of the classification
category he or she currently held holds, and if the vacancy is not
filled by an applicant within the classification category of the
vacancy, the applicant shall combine all regular employment
seniority acquired for the purposes purpose of bidding on the
position.
(I) (l) A school service personnel person who hold holds a
multiclassification titles title shall accrue accrues seniority in
each classification category of employment which that the employee
holds and shall be is considered an employee of each classification
category contained within his or her multiclassification title. A multiclassified employees are service person is subject to reduction
in force in any category of employment contained within their his
or her multiclassification title, based upon the seniority
accumulated within that category of employment. Provided, That If
a multiclassified employee service person is reduced subject to a
reduction in force in one classification category, the employee
shall retain service person retains employment in any of the other
classification categories that he or she holds within his or her
multiclassification title. In that case, the county board shall
delete the appropriate classification title or classification
category from the contract of the multiclassified employee.
(j) (m) When applying to fill a vacancy outside the
classification categories held by the a multiclassified employee
service person, seniority acquired simultaneously in different
classification categories shall be is calculated as if accrued in
one classification category only.
(k) (n) The seniority conferred in this section applies
retroactively to all affected school service personnel, but the
rights incidental to the seniority shall commence as of the
effective date of this section.
§18A-4-10. Personal leave for illness and other causes; leave
banks; substitutes.
(a) Personal leave. -
(1) At the beginning of the employment term, any full-time employee of a county board of education shall be is entitled
annually to at least one and one-half days personal leave for each
employment month or major fraction thereof in the employee's
employment term. Unused leave shall be accumulative without
limitation and shall be is transferable within the state. A change
in job assignment during the school year shall in no way does not
affect the employee's rights or benefits.
(2) A regular full-time employee who is absent from assigned
duties due to accident, sickness, death in the immediate family, or
life threatening illness of the employee's spouse, parents or child,
or other cause authorized or approved by the board, shall be paid
the full salary from his or her regular budgeted salary
appropriation during the period which such the employee is absent,
but not to exceed the total amount of leave to which such the
employee is entitled. Provided, That
(3) Each such employee shall be is permitted to use three days
of such leave annually which may be taken without regard to the
cause for the absence. except that Personal leave without cause may
not be taken used on consecutive work days unless authorized or
approved by the employee's principal or immediate supervisor, as the
case may be: Provided, however, That appropriate. The employee
shall give notice of such leave day shall be given leave without
cause to the employee's principal or immediate supervisor as the
case may be at least twenty-four hours in advance, except that in the case of sudden and unexpected circumstances, such notice shall
be given as soon as reasonably practicable. however The use of such
day may be denied principal or immediate supervisor may deny use of
the day if, at the time notice is given, either fifteen percent of
the employees or three employees, whichever is greater, under the
supervision of the principal or immediate supervisor, as the case
may be have previously notified the principal or immediate
supervisor given notice of their intention to use that day for such
leave. Provided further, That such leave shall Personal leave may
not be used in connection with a concerted work stoppage or strike.
Where the cause for leave had its origin originated prior to the
beginning of the employment term, the employee shall be paid for
time lost after the start of the employment term. If an employee
should use uses personal leave which the employee has not yet
accumulated on a monthly basis and subsequently leave leaves the
employment, the employee shall be is required to reimburse the board
for the salary or wages paid to him for such the unaccumulated
leave. Prior to the first day of January, one thousand nine hundred
eighty-nine
(4) The state board shall establish rules, effective on said
date maintain a rule to restrict the payment of personal leave
benefits and the charging of personal leave time used to an employee
receiving a workers' compensation benefit from a claim filed against
and billed to the employee's county board by which the person is employed. If an employee is awarded such this benefit, such the
employee shall receive personal leave compensation only to the
extent such the compensation is required, when added to the workers'
compensation benefit, to equal the amount of compensation regularly
paid such the employee. If personal leave compensation equal to the
employee's regular pay is paid prior to the award of the workers'
compensation benefit, such the amount which, when added to the
benefit, is in excess of the employee's regular pay shall be
deducted from the employee's subsequent pay. The employee's accrued
personal leave days shall be charged only for such days as equal the
amount of personal leave compensation required to compensate the
employee at the employee's regular rate of pay.
(5) The county board may establish reasonable rules for
reporting and verification of absences for cause. and If any error
in reporting absences should occur it shall have authority to
occurs, the county board may make necessary salary adjustments:
(A) In the next pay after the employee has returned to duty;
or
(B) In the final pay if the absence should occur occurs during
the last month of the employment term.
(b) Leave banks. -
(1) A Each county board of education may shall establish a
personal leave bank or banks to which employees that is available
to all school personnel. The board may establish joint or separate banks for professional personnel and school service personnel. Each
employee may contribute no more than up to two days of personal
leave per school year. Provided, That such bank or banks be
established either jointly or separately for both professional
personnel and school service personnel and that a bank be available
to all school personnel. Such An employee may not be coerced or
compelled to contribute to a personal leave bank.
(2) The personal leave bank shall be established and operated
pursuant to rules a rule adopted by the county board. Provided,
however, That such rules The rule:
(A) May limit the maximum number of days used by an employee;
(B) Shall limit the use of require that leave bank days be used
only by an to an active employee with less fewer than five days
accumulated personal leave who is absent from work due to accident
or illness of such the employee; and
(C) Shall prohibit the use of such days with the extension of
days to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section twelve
thirteen, article sixteen, chapter five of this code. Such rules
(D) Shall require that contributions shall reduce, to the
extent of such contribution each personal leave day contributed:
(i) Is deducted from the number of personal leave days to which an the donor employee is entitled by this section; Provided further,
That such contribution shall not reduce
(ii) Is not deducted from the personal leave days without cause
to which an a donor employee is entitled An employee may be
compelled to contribute to such personal leave bank if sufficient
general personal leave days are otherwise available to the donor
employee;
(iii) Is credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining when
the catastrophic medical emergency ends revert back to the leave
bank.
(3) The administration, subject to county board approval, may
use its discretion as to the need for a substitute where limited
absence may prevail, when an allowable absence does not:
(i) Directly affect the instruction of the pupils or when
students; or
(ii) Require a substitute employee may not be required because
of the nature of the work and the duration of the cause for the
allowable absence. of the regular employee the administration, subject to board approval, may use its discretion as to the need for
a substitute where limited absence may prevail.
(4) If funds in any fiscal year, including transfers, are
insufficient to pay the full cost of substitutes for meeting the
provisions of this section, the remainder shall be paid on or before
the thirty-first day of August from the budget of the next fiscal
year. Any
(5) A county board of education shall have authority to may
supplement such the leave provisions in any manner it may deem
considers advisable in accordance with applicable rules of the state
board and the provisions of this chapter and chapter eighteen of
this code.
§18A-4-10f. Leave donation program.
(a) Definitions. -
For the purposes of this section and section ten of this
article, the following words have the meanings specified unless the
context clearly indicates a different meaning:
(1) "Catastrophic medical emergency" means a medical or
physical condition that:
(A) Incapacitates an employee or an immediate family member for
whom the employee will provide care;
(B) Is likely to require the prolonged absence of the employee
from duty; and
(C) Will result in a substantial loss of income to the employee because the employee:
(i) Has exhausted all accrued personal leave; and
(ii) Is not eligible to receive personal leave or has exhausted
personal leave available from a leave bank established pursuant to
this article;
(2) "Employee" means a professional educator or school service
person who is employed by a county board and entitled to accrue
personal leave as a benefit of employment;
(3) "Donor employee" means a professional educator or school
service person employed by a county board who voluntarily
contributes personal leave to another designated employee; and
(4) "Receiving employee" means a professional educator or
school service person employed by a county board who receives
donated personal leave from another employee.
(b) Leave donation program. -
(1) In addition to any personal leave bank established pursuant
to this article, a county board shall establish a leave donation
program pursuant to which a donor employee may transfer accrued
personal leave to the personal leave account of another designated
employee.
(2) A county board:
(A) May not limit the number of personal leave days a donor
employee may transfer to a receiving employee who is his or her
spouse;
(B) May not limit the total number of personal leave days a
receiving employee receives; and
(C) May limit the number of days a donor employee transfers to
a receiving employee who is not his or her spouse.
(c) Rule. -
(1) The county board shall adopt a rule to implement the
program.
(2) The rule shall set forth at least the following conditions:
(A) The donor employee voluntarily agrees to the leave
transfer;
(B) The donor employee selects the employee designated to
receive the personal leave transferred; and
(C) The receiving employee requires additional personal leave
because of a catastrophic medical emergency;
(D) The donated leave may not be used to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code;
(E) Each personal leave day contributed:
(i) Shall be deducted from the number of personal leave days
to which the donor employee is entitled by section ten of this
article;
(ii) Shall not be deducted from the number of personal leave days without cause to which the donor employee is entitled if
sufficient general personal leave days are otherwise available to
the donor employee;
(iii) Shall be credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred. Any transferred days remaining
when the catastrophic medical emergency ends revert back to the
donor employee; and
(F) An employee may not be coerced or compelled to contribute
to a leave donation program.
§18A-4-15. Employment of service personnel substitutes.
(a) The county board shall employ and the county
superintendent, subject to the approval of the county board, shall
assign substitute service personnel on the basis of seniority to
perform any of the following duties:
(1) To fill the temporary absence of another service employee;
(2) To fill the position of a regular service employee who
person as follows:
(A) If the regular service person requests a leave of absence
from the county board in writing and who is granted the leave in writing by the county board; and to fill the position of a regular
service employee who or
(B) If the regular service person is on workers' compensation
and absent. Provided, That if the
(C) If an absence pursuant to paragraph (A) or (B) of this
subdivision is to extend beyond thirty working days, the county
board shall post the position of the absent employee under the
procedures set forth in section eight-b of this article. If a
substitute service employee person is employed to fill the position
of the absent employee and is employed in the position for twenty
or more working days, the substitute service personnel person: shall
have
(i) Acquires regular employment status and be with the
exception of regular employee job bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the regular employee returns to the
position or ceases to be employed by the county board; Provided,
however, That
(D) If a regular or substitute employee fills a vacancy that
is related in any manner to a leave of absence or the absence of an
employee on workers' compensation in any manner as provided in this
section, upon termination of the absence the employee shall be
returned to his or her original position or status; Provided further, That no service person may
(E) A service person may not be:
(i) Required to request or to take a leave of absence; or And
provided further, That no service person shall be
(ii) Deprived of any right or privilege of regular employment
status for refusal to request or failure to take a leave of absence;
(3) To perform the service of a service employee person who is
authorized to be absent from duties without loss of pay;
(4) To temporarily fill a vacancy in a permanent position
caused by severance of employment by the resignation, transfer,
retirement, permanent disability, dismissal pursuant to section
eight, article two of this chapter, or death of the regular service
employee person who had been assigned to fill the position.
Provided, That Within twenty working days from the commencement of
the vacancy, the county board shall fill the vacancy under the
procedures set out forth in section eight-b of this article and
section five, article two of this chapter. and The person hired to
fill the vacancy shall have and shall be accorded all rights,
privileges and benefits pertaining to the position;
(5) To fill the vacancy created by a regular employee's
suspension. Provided, That
(A) If the suspension is for more than thirty working days, the
county board shall post the position of the suspended employee under
the procedures set forth in section eight-b of this article.
(B) If a substitute service employee person is employed to fill
the suspended employee's position, the substitute service personnel
person: shall have
(i) Acquires regular employment status and be with the
exception of regular employee job-bidding rights;
(ii) Does not accrue regular seniority; and
(iii) Is accorded all other rights, privileges and benefits
pertaining to the position until the termination by the county board
becomes final or the suspended employee is returned to employment.
(C) If the suspended employee is not returned to his or her
job, the county board shall fill the vacancy under the procedures
set out forth in section eight-b of this article and section five,
article two of this chapter; and
(6) To temporarily fill temporarily a vacancy in a newly
created position prior to employment of employing a service
personnel person on a regular basis under the procedure set forth
in pursuant to section eight-b of this article.
(b) Service personnel substitutes shall be assigned in the
following manner: a
(1) The substitute with the greatest length of service time
that is, from the date he or she began his or her assigned duties
as a substitute in that particular category of employment, shall be
given in the vacant category of employment has priority in accepting
the assignment throughout the period of the regular employee's service person's absence or until the vacancy is filled on a regular
basis under the procedures set out in pursuant to section eight-b
of this article. Length of service time is calculated from the date
a substitute service person begins assigned duties as a substitute
in a particular category of employment.
(2) All service personnel substitutes shall be are employed on
a rotating basis according to the length of their lengths of service
time until each substitute has had an opportunity to perform similar
assignments. Provided, That if there are
(3) Any regular service employees person employed in the same
building or working station and the same classification category of
employment as the absent employee and who are employed in the same
classification category of employment, the regular employees shall
be first offered the shall be given the first opportunity to fill
the position of the absent employee on a rotating and seniority
basis. with the substitute then filling In such case the regular
employee's service person's position is filled by a substitute
service person. A regular employee service person assigned to fill
the position of an absent employee shall be given has the
opportunity to hold that position throughout the absence. For the
purpose of this section only, all regularly employed school bus
operators are considered to be employed within the same building or
working station.
(c) The county board shall return a regular school service personnel shall be returned by the county board of education person
to the same position held prior to any approved leave of absence or
period of recovery from injury or illness. The school service
personnel person: shall retain
(1) Retains all rights, privileges and benefits which had
accrued at the time of the absence or accrued under any other
provision of law during the absence; and shall have
(2) Has all rights, privileges and benefits generally accorded
school service employees personnel at the time of return to work.
(d) The salary of a substitute service employee shall be person
is determined:
(1) Based upon his or her years of employment as defined in
section eight of this article; and
(2) As provided in the state minimum pay scale set forth in
section eight-a of this article; and shall be
(3) In accordance with the salary schedule of persons regularly
employed in the same position in the county in which he or she is
employed.
(e) Before any substitute service employee enters upon his or
her duties, he or she A substitute service person shall execute with
the county board a written contract with the county board as
provided in pursuant to section five, article two of this chapter,
prior to beginning assigned duties.
(f) The following method shall be used to establish a fair, equitable and uniform system of providing a fair and equitable
opportunity for substitutes to enter upon their for assigning
service personnel substitutes to their duties for the first time:
the following method shall be used
(1) The initial order of assigning newly-employed substitutes
shall be is determined by a random selection system established by
the affected substitute employees and approved by the county board;
This and
(2) The initial priority order shall be in effect is effective
only until the substitute service personnel have entered upon begun
their duties for the first time.
(g) A substitute service employees who have person who has
worked thirty days for a school system shall have has all rights
pertaining to suspension, dismissal and contract renewal as is are
granted to regular service personnel in sections six, seven, eight
and eight-a, article two of this chapter.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-8. Authority of certain aides to exercise control over
students; compensation; transfers.
(a) Within the limitations provided in this section, any aide
who agrees to do so shall stand in the place of the parent or
guardian and shall exercise such authority and control over pupils
students as is required of a teacher as provided in section one of
this article. The principal shall designate aides in the school who agree to exercise that authority on the basis of seniority as an
aide and shall enumerate the instances in which the authority shall
be exercised by an aide when requested by the principal, assistant
principal or professional employee to whom the aide is assigned.
(b) The authority provided for in subsection (a) of this
section may not extend to suspending or expelling any pupil student,
participating in the administration of corporal punishment or
performing instructional duties as a teacher or substitute teacher.
However, the authority shall extend extends to supervising students
undergoing in-school suspension if the instructional duties required
by the supervision are limited solely to handing out class work and
collecting class work. The authority to supervise students
undergoing in-school suspension may not include actual instruction.
(c) An aide designated by the principal under subsection (a)
of this section shall receive a salary not less than one pay grade
above the highest pay grade held by the employee service person
under section eight-a, article four of this chapter and any county
salary schedule in excess of the minimum requirements of this
article.
(d) An aide may not be required by the operation of this
section to perform noninstructional duties for an amount of time
which exceeds that required under the aide's contract of employment
or that required of other aides in the same school unless the
assignment of the duties is mutually agreed upon by the aide and the county superintendent, or the superintendent's designated
representative, subject to board approval.
(1) The terms and conditions of the agreement shall be in
writing, signed by both parties, and may include additional
benefits.
(2) The agreement shall be uniform as to aides assigned similar
duties for similar amounts of time within the same school.(3)
Aides shall have the option of agreeing to supervise students and
of renewing related assignments annually. If an aide elects not to
renew the previous agreement to supervise students, the minimum
salary of the aide shall revert to the pay grade specified in
section eight-a, article four of this chapter for the classification
title held by the aide and any county salary schedule in excess of
the minimum requirements of this article.
(e) For the purposes of this section, aide means any aide class
title as defined in section eight, article four of this chapter
regardless of numeric classification.
(f) Subject to the limitations set forth in subsection (g) of
this section, an aide may transfer to another position of employment
one time only during any one half of a school term, unless otherwise
mutually agreed upon by the aide and the county superintendent, or
the superintendent's designee, subject to board approval. Provided,
That During the first year of employment as an aide, an aide may not
transfer to another position of employment during the first one-half school term of employment unless mutually agreed upon by the aide
and county superintendent, subject to board approval.
(g) Autism mentors and aides providing services to children
diagnosed as autistic or with autism spectrum disorder. -
(1) Legislative findings and intent. -
(A) The Legislature finds that it is not in the best interest
of students with autism to have multiple teachers, mentors, aides
or any combination thereof during the instructional term; and
(B) It is the intent of the Legislature that filling positions
for autism mentors and aides who work with autistic students through
transfers of personnel from one position to another after the fifth
day prior to the beginning of the instructional term be kept to a
minimum.
(2) Transfer limitations and conditions. -
(A) After the fifth day prior to the beginning of the
instructional term, no service person employed and assigned as an
autism mentor or aide who works with autistic students may transfer
to another position in the county during that instructional term
unless the service person holding that position does not have valid
certification.
(B) The provisions of this subsection are subject to the
following conditions:
(i) The aide or autism mentor may apply for any posted, vacant
position with the successful applicant assuming the position at the beginning of the next instructional term;
(ii) The county board, upon recommendation of the
superintendent, may fill a position before the beginning of the next
instructional term when it is determined to be in the best interest
of the students; and
(iii) The county superintendent shall notify the state board
when a service person employed in a position as autism mentor or
aide working with autistic students is transferred to another
position after the fifth day prior to the beginning of the
instructional term;
(g) (h) Regular service personnel employed in a category of
employment other than aide who seek employment as an aide shall hold
a high school diploma or shall have received a general educational
development certificate and shall have the opportunity to receive
appropriate training pursuant to subsection (10), section thirteen,
article five, chapter eighteen of this code and section two, article
twenty of said chapter.
On motion of Senator Plymale, the following amendment to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 2189) was reported by the Clerk and adopted:
On page twenty-two, section one, line fourteen, after the word
"interventions." by inserting the following:
(l) "Long-term substitute" means a substitute employee who
fills a vacant position:
(1) That the county superintendent expects to extend for at
least ninety consecutive days, and is either:
(A) Listed in the job posting as a long term substitute
position of over ninety days; or
(B) Listed in a job posting as a regular, full-time position
and:
(i) Is not filled by a regular, full-time employee; and
(ii) Is filled by a substitute employee.
For the purposes of section two, article sixteen, chapter five
of this code, "long-term substitute" does not include a retired
employee hired to fill the vacant position.
The question now being on the adoption of the Finance committee
amendment, as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2189), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2498, Relating to sexual
offenses involving children.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such person
intentionally exposes his or her sex organs or anus or the sex
organs or anus of another person, or intentionally causes such
exposure by another or engages in any overt act of sexual
gratification, and does so under circumstances in which the person
knows that the conduct is likely to cause affront or alarm.
(b) Any person who violates the provisions of this section
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be confined in the county jail for not more than ninety days or
fined not more than two hundred fifty dollars, or both. For a
second offense, the person shall be guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail for not less than
thirty days nor more than one year or fined not more than one
thousand dollars, or both. For a third or subsequent offense, the
person shall be guilty of a felony and, upon conviction thereof,
imprisoned in a state correctional facility for not less than one
year nor more than five years, or fined not more than five thousand
dollars, or both.
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-1. Definition of terms.
In this article, unless a different meaning plainly is
required:
(1) "Forcible compulsion" means:
(a) Physical force that overcomes such earnest resistance as
might reasonably be expected under the circumstances; or
(b) Threat or intimidation, expressed or implied, placing a
person in fear of immediate death or bodily injury to himself or
herself or another person or in fear that he or she or another
person will be kidnapped; or
(c) Fear by a person under sixteen years of age caused by
intimidation, expressed or implied, by another person who is at
least four years older than the victim.
For the purposes of this definition "resistance" includes
physical resistance or any clear communication of the victim's lack
of consent.
(2) "Married", for the purposes of this article in addition to
its legal meaning, includes persons living together as husband and
wife regardless of the legal status of their relationship.
(3) "Mentally defective" means that a person suffers from a
mental disease or defect which renders that person incapable of
appraising the nature of his or her conduct.
(4) "Mentally incapacitated" means that a person is rendered
temporarily incapable of appraising or controlling his or her
conduct as a result of the influence of a controlled or intoxicating
substance administered to that person without his or her consent or
as a result of any other act committed upon that person without his
or her consent.
(5) "Physically helpless" means that a person is unconscious
or for any reason is physically unable to communicate unwillingness
to an act.
(6) "Sexual contact" means any intentional touching, either
directly or through clothing, of the breasts, buttocks, anus or any
part of the sex organs of another person, or the breasts of a female
or intentional touching of any part of another person's body by the
actor's sex organs, where the victim is not married to the actor and
the touching is done for the purpose of gratifying the sexual desire
of either party.
(7) "Sexual intercourse" means any act between persons
involving penetration, however slight, of the female sex organ by
the male sex organ or involving contact between the sex organs of
one person and the mouth or anus of another person.
(8) "Sexual intrusion" means any act between persons involving
penetration, however slight, of the female sex organ or of the anus
of any person by an object for the purpose of degrading or
humiliating the person so penetrated or for gratifying the sexual
desire of either party.
(9) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition.
(10) "Serious bodily injury" means bodily injury which creates
a substantial risk of death, which causes serious or prolonged
disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(11) "Deadly weapon" means any instrument, device or thing
capable of inflicting death or serious bodily injury, and designed
or specially adapted for use as a weapon, or possessed, carried or
used as a weapon.
(12) "Forensic medical examination" means an examination
provided to a possible victim of a violation of the provisions of
this article by medical personnel qualified to gather evidence of
the violation in a manner suitable for use in a court of law, to
include: An examination for physical trauma; a determination of
penetration or force; a patient interview; and the collection and
evaluation of other evidence that is potentially relevant to the
determination that a violation of the provisions of this article
occurred and to the determination of the identity of the assailant.
The bill (Eng. Com. Sub. for H. B. No. 2498), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2498) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2498) 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. 2498--A Bill to amend and
reenact §61-8-9 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §61-8B-1 of said code, all relating to sexual
offenses generally; increasing penalties for second and subsequent
convictions for indecent exposure; and expanding the definition of
sexual contact to include the touching of the buttocks or breasts.
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. 2558, Relating to donation
and transfer of surplus personal computers and other information
systems, technology and equipment for educational purposes.
On second reading, coming up out of regular order, was read a
second time.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18B-5-8 of the Code of West Virginia, 1931, as amended,
be repealed; that §5A-6-4 of said code be amended and reenacted;
that §18B-1B-3 of said code be amended and reenacted; that §18B-2A-1
of said code be amended and reenacted; that said code be amended by
adding thereto a new section, designated §18B-2A-9; that §18B-2B-3
and §18B-2B-5 of said code be amended and reenacted; that §18B-9-4
of said code be amended and reenacted; and that §18C-3-1 of said
code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer;
generally.
(a) With respect to all state spending units the Chief
Technology Officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the Information Services
and Communications Division of the Department of Administration,
technical assistance to the administrators of the various state
spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the Information Services and
Communications Division, the economic justification, system design
and suitability of information equipment and related services, and
review and make recommendations on the purchase, lease or
acquisition of information equipment and contracts for related
services by the state spending units;
(4) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state or
federal standards of accountability demand retention of some paper
processes;
(5) Develop a mechanism for identifying those instances where
information systems should be linked and information shared, while
providing for appropriate limitations on access and the security of information;
(6) Create new technologies to be used in government, convene
conferences and develop incentive packages to encourage the
utilization of technology;
(7) Engage in any other activities as directed by the Governor;
(8) Charge a fee to the state spending units for evaluations
performed and technical assistance provided under the provisions of
this section. All fees collected by the Chief Technology Officer
shall be deposited in a special account in the State Treasury to be
known as the Chief Technology Officer Administration Fund.
Expenditures from the fund shall be made by the Chief Technology
Officer for the purposes set forth in this article and are not
authorized from collections, but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code: Provided, That the provisions of section
eighteen of said article shall not operate to permit expenditures
in excess of the spending authority authorized by the Legislature.
Amounts collected which are found to exceed the funds needed for
purposes set forth in this article may be transferred to other
accounts or funds and redesignated for other purposes by
appropriation of the Legislature;
(9) Monitor trends and advances in information technology and technical infrastructure;
(10) Direct the formulation and promulgation of policies,
guidelines, standards and specifications for the development and
maintenance of information technology and technical infrastructure,
including, but not limited to:
(A) Standards to support state and local government exchange,
acquisition, storage, use, sharing and distribution of electronic
information;
(B) Standards concerning the development of electronic
transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to
information technology across the totality of state government,
thereby assuring that the citizens and businesses of the state
receive the greatest possible security, value and convenience from
investments made in technology;
(D) Guidelines directing the establishment of statewide
standards for the efficient exchange of electronic information and
technology, including technical infrastructure, between the public
and private sectors;
(E) Technical and data standards for information technology and
related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity,
priorities and interoperability of technical infrastructure used for
homeland security, public safety and health and systems reliability necessary to provide continuity of government operations in times
of disaster or emergency for all state, county and local
governmental units; and
(G) Technical and data standards for the coordinated
development of infrastructure related to deployment of electronic
government services among state, county and local governmental
units;
(11) Periodically evaluate the feasibility of subcontracting
information technology resources and services, and to subcontract
only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of
information technology and technical infrastructure of the state,
including infrastructure and technology of all state, county and
local governmental units, which may include personnel, facilities,
equipment, goods and contracts for service, wireless tower
facilities, geographic information systems and any technical
infrastructure or technology that is used for law enforcement,
homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to
perform duties related to information technology as outlined in this
article; and
(14) Promulgate legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the administration of the provisions of article six of this chapter.
(b) With respect to executive agencies, the Chief Technology
Officer may:
(1) Develop a unified and integrated structure for information
systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise authority delegated by the Governor by executive
order to overrule and supersede decisions made by the administrators
of the various executive agencies of government with respect to the
design and management of information systems and the purchase, lease
or acquisition of information equipment and contracts for related
services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human
resources from any executive agency and the most effective and
efficient uses of the fiscal resources of executive agencies, to
consolidate or centralize information-processing operations. ;
(6) Create and implement a program to refurbish and donate
state surplus computers which are no more than four years old from
state agencies to public schools and low-income school children.
(A) The Chief Technology Officer is encouraged to collaborate
with other agencies including, but not limited to, the State Board
of Education; the Department of Education's Division of Technical
and Adult Services; Regional Education Service Agencies; the
Division of Corrections; Prison Industries; and private technology
industries in creating and establishing this program;
(B) Surplus computers to be donated pursuant to this
subdivision are not subject to the provisions of sections forty-four
and forty-five, article three of this chapter; and
(C) The Chief Technology Officer shall consult with and provide
any necessary assistance to any governing board of an institution
of higher education creating a computer and computer equipment
donation program under section nine, article two-a, chapter
eighteen-b of this code; and
(7) Study the feasability of recycling obsolete computers,
computer equipment and other technology equipment.
(c) The Chief Technology Officer may employ the personnel
necessary to carry out the work of the Office of Technology and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(d) The Chief Technology Officer shall develop a comprehensive,
statewide, four-year strategic information technology and technical
infrastructure policy and development plan to be submitted to the
Governor and the Joint Committee on Government and Finance. A preliminary plan shall be submitted by the first day of December,
two thousand six, and The final plan shall be submitted by the first
day of June, two thousand seven. The plan shall include, but not be
limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of
information technology by state agencies;
(C) A discussion of connectivity, priorities and
interoperability of the state's technical infrastructure with the
technical infrastructure of political subdivisions and encouraging
the coordinated development of facilities and services regarding
homeland security, law enforcement and emergency services to provide
for the continuity of government operations in times of disaster or
emergency;
(D) A discussion identifying potential market demand areas in
which expanded resources and technical infrastructure may be
expected;
(E) A discussion of technical infrastructure as it relates to
higher education and health;
(F) A discussion of the use of public-private partnerships in
the development of technical infrastructure and technology services;
and
(G) A discussion of coordinated initiatives in website
architecture and technical infrastructure to modernize and improve government to citizen services, government to business services,
government to government relations and internal efficiency and
effectiveness of services, including a discussion of common
technical data standards and common portals to be utilized by state,
county and local governmental units.
(e) The Chief Technology Officer shall oversee
telecommunications services used by state spending units for the
purpose of maximizing efficiency to the fullest possible extent.
The Chief Technology Officer shall establish microwave or other
networks and LATA hops; audit telecommunications services and usage;
recommend and develop strategies for the discontinuance of obsolete
or excessive utilization; participate in the renegotiation of
telecommunications contracts; and encourage the use of technology
and take other actions necessary to provide the greatest value to
the state.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a) The secretary of education and the arts shall call the
initial meeting of the commission and preside until a chairperson
is selected. Thereafter, The commission shall meet as needed at the
time and place specified by the call of the chairperson.
(b) The commission shall hold an annual meeting at the final,
regularly scheduled meeting of each fiscal year each June for the purpose of electing officers. for the next fiscal year. At the
annual meeting, the commission shall elect from its members
appointed by the governor a chairperson and other officers as it may
consider necessary or desirable. Provided, That the initial meeting
for the purpose of selecting the first chairperson and other
officers shall be held during July, two thousand, or as soon
thereafter as practicable. All officers shall be are elected from
the citizen appointees. The chairperson and other officers shall
be are elected for a one-year term commencing on the first day of
July following the annual meeting and ending on the thirtieth day
of June of the following year. Provided, however, That the terms
of officers elected in July, two thousand, begin upon election and
end on the thirtieth day of June, two thousand one. The chairperson
of the board commission may serve no more than two four consecutive
terms as chair.
(c) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof of their
expenses. The foregoing reimbursement for actual and necessary
expenses shall be paid from appropriations made by the Legislature
to the commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West Virginia
Community and Technical College, West Liberty State College, West
Virginia Northern Community and Technical College, the West Virginia
School of Osteopathic Medicine, West Virginia State University and
West Virginia University.
(b) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve persons.
(c) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly elected by the classified employees of the respective institution;
and
(4) For the institutional board of governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of
advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the institutional board of governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairpersons of the following boards serving
as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University Institute
of Technology.
(6) For each institutional board of governors of an institution
that does not have an administratively linked community and
technical college under its jurisdiction, nine lay members appointed
by the Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of advisors
of the administratively linked community and technical college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(d) Of the eight or nine members appointed by the Governor, no
more than five may be of the same political party. Of the twelve
members appointed by the Governor to the governing boards of
Marshall University and West Virginia University, no more than seven
may be of the same political party. Of the eight or nine members
appointed by the Governor, at least six shall be residents of the
state. Of the twelve members appointed by the Governor to the
governing boards of Marshall University and West Virginia
University, at least eight shall be residents of the state.
(e) The student member serves for a term of one year. Each
term begins on the first day of July.
(f) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are eligible
to succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(g) The member representing classified employees serves for a
term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(h) The appointed lay citizen members serve terms of four years
each and are eligible to succeed themselves for no more than one
additional term.
(i) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections shall be held and all
appointments shall be made no later than the thirtieth day of June
preceding the commencement of the term. Each board of governors
shall elect one of its appointed lay members to be chairperson in
June of each year. A member may not serve as chairperson for more
than two four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(k) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education, an officer or member of any
political party executive committee, the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students or chairpersons of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutional board of
advisors of any public institution of higher education; an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or chairpersons of the boards of advisors from being
members of the governing boards.
(l) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such
by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(m) A member of a governing board appointed by the Governor may
not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(n) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from funds
allocated to the institution for that purpose.
§18B-2A-9. Computer and computer equipment donation program.
(a) Notwithstanding any other provision of this code to the
contrary, the governing boards may create a program to donate
surplus computers and computer-related equipment to education
facilities, nonprofit organizations, juvenile detention centers, municipal and county public safety offices and other public,
charitable or educational enterprises or organizations in this
state.
(b) Only equipment which otherwise would be transferred to the
Surplus Property Unit of the Purchasing Division may be donated;
(c) Each governing board which chooses to create a computer and
computer equipment donation program pursuant to this section shall:
(1) Consult with the state's Chief Technology Officer before
creating the program;
(2) Keep records and accounts that clearly identify the
equipment donated, the age of the equipment, the reasons for
declaring it obsolete and the name of the education facility,
nonprofit organization, juvenile detention center, municipal or
county public safety office or other public, charitable or
educational enterprise or organization to which the equipment was
donated; and
(3) Promulgate a rule in accordance with the provisions of
section six, article one of this chapter to implement the donation
program.
The rule shall contain at least the following:
(A) Specific procedures to be used for record keeping; and
(B) Provisions for fair and impartial selection of equipment
recipients.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.
§18B-2B-3. West Virginia Council for Community and Technical
College Education; supervision of chancellor; chief executive
officer.
(a) There is continued the West Virginia Council for Community
and Technical College Education. The council has all the powers and
duties assigned by law to the Joint Commission for
Vocational-Technical-Occupational Education prior to the effective
date of this section and such other powers and duties as may be
assigned by law.
(b) Chancellor for Community and Technical College Education.
-
(1) The council shall employ a chancellor for community and
technical college education. The chancellor serves as chief
executive officer of the council at the will and pleasure of the
council. The chancellor shall be is compensated at a level set by
the council not to exceed eighty percent of the average annual
salary of the chancellor for higher education chief executive
officers of the state systems of higher education in the states that
comprise the membership of the Southern Regional Education Board.
(1) The vice chancellor for community and technical college
education and workforce development, as the current chief executive
officer of the council, shall continue in such capacity upon the
effective date of this section, and shall be the chancellor for community and technical college education.
(A) The council shall conduct a written performance evaluation
of the chancellor one year after the effective date of this section.
The council shall report the results of the evaluation to the
legislative oversight commission on education accountability during
the legislative interim meeting period following the evaluation.
(B) After reviewing the evaluation, the council shall make a
determination by vote of its members on continuing employment and
compensation level for the chancellor.
(C) (2) After the initial contract period, the council shall
conduct written performance evaluations of the chancellor annually
and may offer the chancellor a contract of longer term, but not to
exceed three years. At the end of each contract period, the council
shall review the evaluations and make a determination by vote of its
members on continuing employment and level of compensation.
(D) (3) When a vacancy occurs in the position of chancellor,
the council shall enter into an initial employment contract for one
year with the candidate selected to fill the vacancy. At the end
of the initial period, the council shall make a determination by
vote of its members on continuing employment and compensation level
for the chancellor and shall continue thereafter as set forth in
paragraph (C) subdivision (2) of this subdivision subsection.
(2) The chancellor maintains all benefits of employment held,
accrued and afforded as the vice chancellor for community and technical college education and workforce development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance
coverage and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen, chapter
five of this code, the chancellor is not a new employee, and the
prohibition on conversion does not apply if the chancellor was
eligible for leave conversion while serving as vice chancellor on
the day preceding the effective date of this section. On the
effective date of this section, for the purpose of section thirteen,
article sixteen, chapter five of this code, the chancellor:
(A) Maintains all sick and annual leave accrued, and all rights
to convert the leave that had been accrued as vice chancellor; and
(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
§18B-2B-5. Meetings and compensation.
(a) The council shall hold at least eight meetings annually and
may meet more often meet as needed at the time and place specified
at the call of the chairperson. One such meeting each year shall
be a public forum for the discussion of the goals and standards for
workforce development, economic development and vocational education
in the state.
(b) The council shall hold an annual meeting at its final,
regularly scheduled meeting of each fiscal year each June for the
purpose of electing officers. for the next fiscal year. At the
annual meeting, the council shall elect from its appointed voting
members a chairperson and other officers as it may consider
necessary or desirable. The chairperson and other officers are
shall be elected for two-year one-year terms commencing on the first
day of July following the annual meeting and ending on the thirtieth
day of June of the following year. The chairperson of the board
council may serve no more than two four consecutive two-year
one-year terms as chair. , except that the member serving as
chairperson of the council on the effective date of this section is
eligible to serve a two-year term regardless of the number of
consecutive terms already served.
(c) Members of the council serve without compensation. Members
shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of official duties under this
article upon presentation of an itemized sworn statement of their
expenses. An ex officio member of the council who is an employee
of the state is shall be reimbursed by the employing agency.
(d) A majority of the voting members appointed constitutes a
quorum for conducting the business of the council. All action taken
by the council shall be by majority vote of the voting members
present.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary schedule.
(a) The commission shall implement an equitable system of job
classifications, with the advice and assistance of staff councils
and other groups representing classified employees, each
classification to consist of related job titles and corresponding
job descriptions for each position within a classification, together
with the designation of an appropriate pay grade for each job title,
which system shall be the same for corresponding positions of the
commission and in institutions under all governing boards. The
equitable system of job classification and the rules establishing
it which were in effect immediately prior to the effective date of
this section are hereby transferred to the jurisdiction and
authority of the commission and shall remain in effect unless
modified or rescinded by the commission.
(b) Any classified staff salary increases distributed within
state institutions of higher education on the first day of July, two
thousand one, shall be in accordance with the uniform employee
classification system and a salary policy adopted by the interim
governing board and approved by the commission. Any classified
salary increases distributed within a state institution of higher
education after the first day of July, two thousand one, shall be in accordance with the uniform classification system and a uniform
and equitable salary policy adopted by each individual board of
governors. Each salary policy shall detail the salary goals of the
institution and the process whereby the institution will achieve or
progress toward achievement of placing each classified employee at
his or her minimum salary on the schedule established pursuant to
section three of this article.
(c) No classified employee defined as nonexempt from the wage
and hour provisions of the Fair Labor Standards Act of 1938, as
amended, may be paid an annual salary in excess of the salary
established by the salary schedule for his or her pay grade and
years of experience. A classified employees defined as exempt from
the wage and hour provisions of the Fair Labor Standards Act of
1938, as amended, employee may receive a salary in excess of the
salary established by the salary schedule for his or her pay grade
and years of experience but only if all such exempt employees at the
institution are receiving at least the minimum salary for their pay
grade and years of experience as established for them by the salary
schedule: Provided, That no exempt classified employee may receive
a salary in excess of the highest salary provided for his or her pay
grade in the salary schedule any salary increase must be provided
in a manner that is consistent with the uniform classification
system and the institution's salary policy.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health Education Loan Program; establishment;
administration; eligibility and loan cancellation; required
report.
(a) For the purposes of this section, "vice chancellor of
administration" means the person employed pursuant to section two,
article four, chapter eighteen-b of this code.
(b) There is continued a special revolving fund account under
the commission in the State Treasury to be known as the Health
Education Student Loan Fund which shall be used to carry out the
purposes of this section. The fund consists of:
(1) All funds on deposit in the Medical Student Loan Fund in
the State Treasury or which are due or become due for deposit in the
fund as obligations made under the previous enactment of this
section;
(2) Those funds provided pursuant to the provisions of section
four, article ten, chapter eighteen-b of this code;
(3) Appropriations provided by the Legislature;
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals or
other medical provider organizations in this state, or by political
subdivisions of the state, under an agreement which requires the
recipient to practice his or her health profession in this state or
in the political subdivision providing the funds for a predetermined period of time and in such capacity as set forth in the agreement;
and
(6) Other amounts which may be available from external sources.
Balances remaining in the fund at the end of the fiscal year
do not expire or revert. All costs associated with administering
this section shall be paid from the Health Education Student Loan
Fund.
(c) The vice chancellor for administration may utilize use any
funds in the Health Education Student Loan Fund for the purposes of
the Medical Student Loan Program. The commission shall give
priority for the loans to residents of this state, as defined by the
commission. An individual is eligible for loan consideration if the
individual:
(1) Demonstrates financial need;
(2) Meets established academic standards;
(3) Is enrolled or accepted for enrollment at one of the
aforementioned schools of medicine in a program leading to the
degree of medical doctor (M.D.) or doctor of osteopathy (D.O.);
(4) The individual has not yet received one of the degrees
provided in subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
(d) At the end of each fiscal year, any individual who has
received a medical student loan and who has rendered services as a
medical doctor or a doctor of osteopathy in this state in a medically underserved area or in a medical specialty in which there
is a shortage of physicians, as determined by the Division of Health
at the time the loan was granted, may submit to the commission a
notarized, sworn statement of service on a form provided for that
purpose. Upon receipt of the statement the commission shall cancel
five ten thousand dollars of the outstanding loan or loans for every
full twelve consecutive calendar months of such service.
(e) No later than thirty days following the end of each fiscal
year, the vice chancellor for administration shall prepare and
submit a report to the commission for inclusion in the statewide
report card required under section eight, article one-b, chapter
eighteen-b of this code to be submitted to the Legislative Oversight
Commission on Education Accountability established under section
eleven, article three-a, chapter twenty-nine-a of this code. At a
minimum, the report shall include the following information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the
repayment of previously awarded loans.
The bill (Eng. Com. Sub. for H. B. No. 2558), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2558) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2558) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for House Bill No. 2558--A Bill to repeal
§18B-5-8 of the Code of West Virginia, 1931, as amended; to amend
and reenact §5A-6-4 of said code; to amend and reenact §18B-1B-3 of
said code; to amend and reenact §18B-2A-1 of said code; to amend
said code by adding thereto a new section, designated §18B-2A-9; to
amend and reenact §18B-2B-3 and §18B-2B-5 of said code; to amend and
reenact §18B-9-4 of said code; and to amend and reenact §18C-3-1 of
said code, all relating to higher education generally; Higher
Education Policy Commission; West Virginia Council for Community and
Technical College Education; donation of surplus computers;
authorizing Chief Technology Officer to establish donation program;
requiring Chief Technology Officer to consult with and assist
governing boards in creating a donation program; requiring Chief
Technology Officer to study the recycling of obsolete technology;
exempting donated computers from certain procedures relating to
disposition of surplus property; institutional boards of governors;
providing for election of officers; terms of office; meetings;
authorizing certain governing boards of state institutions of higher
education to create computer and computer equipment donation programs; requiring the governing boards to consult with the Chief
Technology Officer prior to creating programs; providing criteria
for setting chancellor's salary; authorizing institutions to provide
salary increases if funds are available to certain classified
employees under certain circumstances; increasing portion of a
medical student loan that may be cancelled under certain
circumstances; and deleting obsolete language.
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. 2558) 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. 2588, Reimbursing tuition and
fees for courses for the renewal of teaching certificates.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page five, section three-a, line sixty-five, by striking out
the word "herein" and inserting in lieu thereof the words "in this
section".
The bill (Eng. Com. Sub. for H. B. No. 2588), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2588) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2588) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
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. 2588) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2770, Enhancing penalties for certain acts
against court security personnel.
On second reading, coming up out of regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
§61-2-10b. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on police officers,
conservation officers, probation officers, humane officers,
emergency medical service personnel, firefighters, fire
marshal, Division of Forestry employees, county or state
correctional employees, Public Service Commission motor
carrier inspector and enforcement officer and court security
personnel; penalties.
(a) Malicious assault. -- Any person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill a police officer,
probation officer, conservation officer, humane officer, emergency
medical service personnel, firefighter, State Fire Marshal or
employee, Division of Forestry employee, county correctional
employee or state correctional employee, employee of an urban mass
transportation system, court security personnel or Public Service
Commission motor carrier inspector and enforcement officer acting
in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is a
police officer, probation officer, conservation officer, humane
officer, emergency medical service personnel, firefighter, State
Fire Marshal or employee, Division of Forestry employee, county
correctional employee, state correctional employee, employee of an
urban mass transportation system or Public Service Commission motor
carrier inspector acting in his or her official capacity is guilty
of a felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than three nor more than fifteen
years.
(b) Unlawful assault. -- Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes a
police officer, probation officer, conservation officer, humane
officer, emergency medical service personnel, firefighter, State
Fire Marshal or employee, Division of Forestry employee, county
correctional employee or state correctional employee, employee of
an urban mass transportation system, court security personnel or
Public Service Commission motor carrier inspector and enforcement
officer acting in his or her official capacity bodily injury with
intent to maim, disfigure, disable or kill him or her and the person
committing the unlawful assault knows or has reason to know that the
victim is a police officer, probation officer, conservation officer,
humane officer, emergency medical service personnel, firefighter,
State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee
of an urban mass transportation system or Public Service Commission
motor carrier inspector acting in his or her official capacity is
guilty of a felony and, upon conviction thereof, shall be confined
in a correctional facility for not less than two nor more than five
years.
(c) Battery. -- Any person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a police officer, probation officer, conservation
officer, humane officer, emergency medical service personnel,
firefighter, State Fire Marshal or employee, Division of Forestry
employee, county correctional employee, state correctional employee,
employee of a mass transportation system, court security personnel
or Public Service Commission motor carrier inspector and enforcement
officer acting in his or her official capacity, or unlawfully and
intentionally causes physical harm to that person a police officer,
probation officer, conservation officer, humane officer, emergency
medical service personnel, firefighter, State Fire Marshal or
employee, Division of Forestry employee, county correctional
employee, state correctional employee, employee of an urban mass
transportation system or a Public Service Commission motor carrier
inspector acting in such capacity, is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail for not less than
one month nor more than twelve months, fined the sum of five hundred dollars, or both. If any person commits a second such offense, he
or she is guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility for not less than one year nor
more than three years or fined the sum of one thousand dollars or
both fined and confined. Any person who commits a third violation
of this subsection is guilty of a felony and, upon conviction
thereof, shall be confined in a correctional facility not less than
two years nor more than five years or fined not more than two
thousand dollars or both fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit
a violent injury to the person of a police officer, probation
officer, conservation officer, humane officer, emergency medical
service personnel, firefighter, State Fire Marshal or employee,
Division of Forestry employee, county correctional employee, state
correctional employee, employee of a mass transportation system,
court security personnel or Public Service Commission motor carrier
inspector and enforcement officer acting in his or her official
capacity, or unlawfully commits an act which places that person a
police officer, probation officer, conservation officer, humane
officer, emergency medical service personnel, firefighter, Division
of Forestry employee, county correctional employee or state
correctional employee, employee of a mass transportation system or
Public Service Commission motor carrier inspector acting in his or
her official capacity in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in jail for not less than
twenty-four hours nor more than six months, fined not more than two
hundred dollars, or both fined and confined.
(e) For purposes of this section:
(1) "Police officer" means any person employed by the State
Police, any person employed by the state to perform law-enforcement
duties, any person employed by a political subdivision of this state
who is responsible for the prevention or detection of crime and the
enforcement of the penal, traffic or highway laws of this state or
employed as a special police officer as defined in section forty-
one, article three of this chapter.
(2) "Employee of an urban mass transportation system" means any
person employed by an urban mass transportation system as such is
defined in section three, article twenty-seven, chapter eight of
this code or by a system that receives federal transit
administration funding under 49 U. S. C. §5307 or §5311.
(3) "Division of Forestry employee" means an officer, agent,
employee or servant, whether full-time or not, of the Division of
Forestry.
(4) "Court security personnel" means any person employed by a
circuit court, family court, magistrate court, county commission,
sheriff, the state or other political subdivision to operate and
maintain security devices, including, but not limited to, a metal detector, x-ray machine, video monitoring equipment and/or other
security devices, prevent or detect crime, enforce the laws of this
state or otherwise provide court security.
(5) "Public Service Commission motor carrier inspector and
enforcement officer" means an officer, agent or employee of the
Public Service Commission charged with the enforcement of commercial
motor vehicle safety and weight restriction laws of the State of
West Virginia.
The bill (Eng. H. B. No. 2770), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Facemyer, Sharpe and Sypolt--3.
Having been engrossed, the bill (Eng. H. B. No. 2770) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Facemyer, Sharpe and Sypolt--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2770) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2770--A Bill to amend and
reenact §61-2-10b of the Code of West Virginia, 1931, as amended;
relating to court security personnel; enhancing penalties for
certain acts against court security personnel and Public Service
Commission motor carrier inspector and enforcement officer; and
defining "court security personnel" and "Public Service Commission
motor carrier inspector and enforcement officer".
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. 2918, Authorizing county
boards of education to pay five hundred dollars to any service
employee who gives notification of resignation or retirement.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-5a. Authorizing payment for early notification of
retirement.
Each county board is authorized to pay, entirely from local
funds, five hundred dollars or less to any service employee, or to
any professional employee who is not a classroom teacher, who gives
written notice to the county board on or before the first day of
February of the school year of his or her retirement from employment
with the board at the conclusion of the school year.
The bill (Eng. Com. Sub. for H. B. No. 2918), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2918) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2918) 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. 2918) 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. 3006, Limiting the number of terms a member
of the Board of Physical Therapy may serve.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-4. West Virginia Board of Physical Therapy continued;
members, terms, meetings, officers, oath, compensation and
expenses; general provisions.
(a) The West Virginia state board of examiners and registration
of physical therapists heretofore created shall continue in
existence but on and after the effective date of this article shall
be known and designated as "the West Virginia Board of Physical
Therapy is continued and shall consist consists of five members
appointed by the Governor by and with the advice and consent of the Senate.
(b) The three members of the board in office on the effective
date of this article first day of January, two thousand seven,
shall, unless sooner removed, continue to serve until their terms
expire and until their successors have been appointed and have
qualified.
(c) Members shall be appointed for overlapping staggered terms
of five years so that one term expires each year or until their
successors have been appointed and have qualified. Any vacancy
shall be filled by appointment by the Governor for the unexpired
term of the member whose office shall be is vacant and any such the
appointment shall be made within sixty days of the occurrence of
such the vacancy. The Governor may remove any member of the board
in case of for incompetency, neglect of duty, gross immorality or
malfeasance in office.
(b) (d) Each member of the board must is required to:
(1) Be licensed under the provisions of this article or under
the former provisions of this article;
(2) Have at least three years' experience as a physical
therapist; and
(3) Be actively engaged in the practice of physical therapy.
(e) Members may be reappointed for any number of terms only
serve for two consecutive full terms. A member completing a term
on and after the thirtieth day of June, two thousand seven, may not be reappointed if the term the member has just completed is the
second of two consecutive full terms. A member who has served two
consecutive terms may be appointed to another term only after at
least two years have passed since the member's last term.
(f) Before entering upon the performance of this of his or her
duty, each member shall take and subscribe to the oath prescribed
by section five, article IV of the Constitution of this state.
(c) (g) The board shall elect from its membership a chairman
chairperson and secretary who shall serve at the will and pleasure
of the board.
(h) A majority of the members of the board shall constitute is
a quorum. and
(i) The board shall meet at least once annually to transact
business. Meetings shall be held at the call of the chairman
chairperson or upon the written request of three members at such the
time and place as designated in such the call or request. and, in
any event, the board shall meet at least once annually to transact
business as may come before it
(j) Members may be paid such reasonable compensation as the
board may from time to time determine, and in addition may be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their duties compensation and
reimbursed for actual and necessary expenses as provided in section
eleven, article one of this chapter, which compensation and expenses shall be paid in accordance with the provisions of subsection (b),
section five of this article.
The bill (Eng. H. B. No. 3006), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. H. B. No. 3006) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Hunter--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. 3006) 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, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Hunter--1.
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. 3006) 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. 3094, Prohibiting county and
district school officers, teachers and school officials from having
a pecuniary interest in certain contracts.
On second reading, coming up out of regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3184, Relating to confidentiality,
disclosure and authorization for disclosure of mental health information.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.
(a) Communications and information obtained in the course of
treatment or evaluation of any client or patient shall be deemed to
be are confidential information. and shall include Such
confidential information includes the fact that a person is or has
been a client or patient, information transmitted by a patient or
client or family thereof for purposes relating to diagnosis or
treatment, information transmitted by persons participating in the
accomplishment of the objectives of diagnosis or treatment, all
diagnoses or opinions formed regarding a client's or patient's
physical, mental or emotional condition; any advice, instructions
or prescriptions issued in the course of diagnosis or treatment, and
any record or characterization of the matters hereinbefore
described. It does not include information which does not identify
a client or patient, information from which a person acquainted with
a client or patient would not recognize such client or patient, and uncoded information from which there is no possible means to
identify a client or patient.
(b) Confidential information may be disclosed:
(1) In a proceeding under section four, article five of this
chapter to disclose the results of an involuntary examination made
pursuant to sections two, three or four, article five of this
chapter;
(2) In a proceeding under article six-a of this chapter to
disclose the results of an involuntary examination made pursuant
thereto;
(3) Pursuant to an order of any court based upon a finding that
said the information is sufficiently relevant to a proceeding before
the court to outweigh the importance of maintaining the
confidentiality established by this section;
(4) To protect against a clear and substantial danger of
imminent injury by a patient or client to himself, herself or
another; and
(5) For treatment or internal review purposes, to staff of the
mental health facility where the patient is being cared for or to
other health professionals involved in treatment of the patient; and
(6) Without the patient's consent as provided for under the
Privacy Rule of the federal Health Insurance Portability and
Accountability Act of 1996, 45 C. F. R. §164.506 for thirty days
from the date of admission to a mental health facility if: (i) The provider makes a good faith effort to obtain consent from the
patient or legal representative prior to disclosure; (ii) the
minimum information necessary is released for a specifically stated
purpose; and (iii) prompt notice of the disclosure, the recipient
of the information and the purpose of the disclosure is given to the
patient.
§27-3-2. Authorization of disclosure of confidential information.
No consent or authorization for the transmission or disclosure
of confidential information shall be is effective unless it is in
writing and signed by the patient or client by his or her legal
guardian. Every person signing an authorization shall be given a
copy.
Every person requesting such the authorization shall inform the
patient, client or authorized representative that refusal to give
such the authorization will in no way jeopardize his or her right
to obtain present or future treatment. except where and to the
extent disclosure is necessary for treatment of said patient or
client or for the substantiation of a claim for payment from a
person other than the patient or client
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-9. Rights of patients.
(a) No person shall may be deprived of any civil right solely
by reason of his or her receipt of services for mental illness,
mental retardation or addiction, nor shall does the receipt of such the services modify or vary any civil right of such the person,
including, but not limited to, civil service status and appointment,
the right to register for and to vote at elections, the right to
acquire and to dispose of property, the right to execute instruments
or rights relating to the granting, forfeiture or denial of a
license, permit, privilege or benefit pursuant to any law, but a
person who has been adjudged incompetent pursuant to article eleven
of this chapter and who has not been restored to legal competency
may be deprived of such rights. Involuntary commitment pursuant to
this article shall does not of itself relieve the patient of legal
capacity.
(b) Each patient of a mental health facility receiving services
therefrom from the facility shall receive care and treatment that
is suited to his or her needs and administered in a skillful, safe
and humane manner with full respect for his or her dignity and
personal integrity.
(c) Every patient shall have has the following rights
regardless of adjudication of incompetency:
(1) Treatment by trained personnel;
(2) Careful and periodic psychiatric reevaluation no less
frequently than once every three months;
(3) Periodic physical examination by a physician no less
frequently than once every six months; and
(4) Treatment based on appropriate examination and diagnosis by a staff member operating within the scope of his or her
professional license.
(d) The chief medical officer shall cause to be developed
within the clinical record of each patient a written treatment plan
based on initial medical and psychiatric examination not later than
seven days after he or she is admitted for treatment. The treatment
plan shall be updated periodically, consistent with reevaluation of
the patient. Failure to accord the patient the requisite periodic
examinations or treatment plan and reevaluations shall entitle
entitles the patient to release.
(e) A clinical record shall be maintained at a mental health
facility for each patient treated by the facility. The record shall
contain information on all matters relating to the admission, legal
status, care and treatment of the patient and shall include all
pertinent documents relating to the patient. Specifically, the
record shall contain results of periodic examinations,
individualized treatment programs, evaluations and reevaluations,
orders for treatment, orders for application for mechanical
restraint and accident reports, all signed by the personnel
involved.
A patient's clinical record shall be confidential and shall not
be released by the Department of Health or its facilities or
employees to any person or agency outside of the department except
as follows:
(1) Pursuant to an order of a court of record.
(2) To the attorney of the patient, whether or not in
connection with pending judicial proceedings.
As prescribed under section one, article three of this chapter;
(3) With the written consent of the patient or of someone
authorized to act on the patient's behalf and of the director to:
(i) Physicians and providers of health, social or welfare
services involved in caring for or rehabilitating the patient, such
information to be kept confidential and used solely for the benefit
of the patient.
(ii) Agencies requiring information necessary to make payments
to or on behalf of the patient pursuant to contract or in accordance
with law. Only such information shall be released to third-party
payers as is required to certify that covered services have been
provided.
(iii) Other persons who have obtained such consent. No patient
record, or part thereof, obtained by any agency or individual shall
be released in whole or in part to any other individual or agency,
unless authorized by the written consent of the patient or his legal
representative.
(f) Every patient, upon his or her admission to a hospital and
at any other reasonable time, shall be given a copy of the rights
afforded by this section.
(g) The board of health shall promulgate rules and regulations
Secretary of the Department of Health and Human Resources shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
protect the personal rights of patients not inconsistent with this
section.
The bill (Eng. H. B. No. 3184), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. H. B. No. 3184) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 3184) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendment, and
requested the appointment of a committee of conference of five from
each house on the disagreeing votes of the two houses, as to
Eng. Senate Bill No. 589, Expanding powers and duties of
Director of Personnel.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Palumbo, Kominar, Stalnaker, Rowan and Evans.
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 McCabe, Jenkins, Edgell, Barnes and Boley.
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
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. Senate Bill No. 657, Requiring State Board of Education
incorporate 21st Century Skills Initiative into certain standards.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Shaver, Pethtel and Sumner.
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 Bailey, White and Guills.
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
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. 2670, Authorizing the
Department of Commerce to promulgate legislative rules.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Brown, Stemple and Hamilton.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 65, Budget bill.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2027, Allowing awards under
the crime victims compensation program to be made to victims of
identity theft.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2078, Clarifying the
procedure for tagging bear, bobcats, deer and wild turkey taken
while hunting.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
At the request of Senator Chafin, and by unanimous consent, the
Senate returned to the second order of business and the introduction
of guests.
The Senate again proceeded to the ninth order of business.
Eng. House Bill No. 2130, Eliminating any reduction in the
benefit of a deputy sheriff who is disabled on the job.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2204, Providing that retiring municipal
police officers may keep their service revolver.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 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.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2380, Exempting the purchase
of certain drugs, durable medical goods, etc., from the consumers
sales and service tax.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2481, Allowing a registrant to transfer the
registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2525, Extending the
termination of the West Virginia statewide addressing and mapping
board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2526, Allowing acupuncturists to form
limited liability companies.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2571, Clarifying the deadline for redeeming
delinquent lands.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2578, Continuing current mental health
parity laws for group insurance plans.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2583, Relating to the
expansion of newborn testing.
On second reading, coming up in regular order, was read a
second time and 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.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2710, Relating to the elimination of the
licensure exemption for certain contractors of manufactured housing
installation.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2745, Increasing the fine for furnishing
alcohol to persons under 21 years of age.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2781, Modifying the statutory limitation
on the length of school buses.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2787, Creation of the Address
Confidentiality Program.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2840, Relating to
transportation of wildlife outside of the state.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2877, Funding entities
ensuring public safety on state highways.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2938, Including motor carrier
inspectors and enforcement officers in the definition of
law-enforcement officer.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2944, Enhancing the end-of-life care given
to residents of nursing homes.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2989, Relating to certain tax shelters used
to avoid paying state income taxes.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2991, Authorizing the Tax Commissioner to
conduct criminal record checks of prospective employees of the Tax
Division.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3057, Relating to programs for
all-inclusive care of the elderly, known as "PACE".
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3072, Relating to defining "charitable
exemptions" for purposes of the municipal business and occupation
tax.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3093, Providing a form for
a combined medical power of attorney and living will.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3097, Relating to government
employees deferred compensation plans.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3141, Relating to whom assessors may issue
proof of payment of personal property taxes.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3145, West Virginia Film
Industry Investment Act.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3270, Relating to the compensation and
expenses of fiduciaries.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3271, Clarifying spendthrift trusts.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3272, Relating to total return unitrusts.
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. DEFINITIONS AND FIDUCIARY DUTIES.
§44B-1-104a. Total return unitrust.
(a) As used in this section:
(1) "Disinterested person" means a person who is not a "related
or subordinate party", as defined in Internal Revenue Code §672(c),
et seq., with respect to the person then acting as trustee of the
trust, and excludes the grantor of the trust and any interested
trustee.
(2) "Income trust" means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the
trustee to distribute the net income of the trust to one or more
persons, either in fixed proportions or in amounts or proportions
determined by the trustee, and regardless of whether the trust
directs or permits the trustee to distribute the principal of the
trust to one or more such persons.
(3) "Interested distributee" means a person to whom
distributions of income or principal can currently be made who has
the power to remove the existing trustee and designate as successor
a person who may be a "related or subordinate party" as defined in
Internal Revenue Code §672(c) with respect to such distributee.
(4) "Interested trustee" means: (i) An individual trustee to
whom the net income or principal of the trust can currently be
distributed or would be distributed if the trust were then to
terminate and be distributed; (ii) any individual trustee who may
be removed and replaced by an interested distributee; or (iii) an
individual trustee whose legal obligation to support a beneficiary
may be satisfied by distributions of income and principal of the
trust.
(5) "Total return unitrust" means an income trust, which has
been converted under and meets the provisions of this section.
(6) "Trustee" means all persons acting as trustee of the trust,
except where expressly noted otherwise, whether acting in their
discretion or at the direction of one or more persons acting in a fiduciary capacity.
(7) "Grantor" means an individual who created an inter vivos
or a testamentary trust.
(8) "Unitrust amount" means an amount computed as a percentage
of the fair market value of the trust.
(b) A trustee, other than an interested trustee, or where two
or more persons are acting as trustee a majority of the trustees who
are not an interested trustee, may, in its sole discretion and
without judicial approval: (i) Convert an income trust to a total
return unitrust; (ii) reconvert a total return unitrust to an income
trust; or (iii) change the percentage used to calculate the unitrust
amount or the method used to determine the fair market value of the
trust if:
(1) The trustee adopts a written policy for the trust
providing: (i) In the case of a trust being administered as an
income trust, that future distributions from the trust will be
unitrust amounts rather than net income; (ii) in the case of a trust
being administered as a total return unitrust, that future
distributions from the trust will be net income rather than unitrust
amounts; or (iii) that the percentage used to calculate the unitrust
amount or the method used to determine the fair market value of the
trust will be changed as stated in the policy; and
(2) The trustee sends written notice of its intention to take
such action, along with copies of such written policy and this section, to: (i) The grantor of the trust, if living; (ii) all
living persons who are currently receiving or eligible to receive
distributions of income of the trust; (iii) all living persons who
would receive principal of the trust if the trust were to terminate
at the time of the giving of such notice, without regard to the
exercise of any power of appointment, or, if the trust does not
provide for its termination, all living persons who would receive
or be eligible to receive distributions of income or principal of
the trust if the persons identified in paragraph (ii) of this
subdivision were deceased; and (iv) all persons acting as advisor
or protector of the trust; and at least one person receiving notice
under each of paragraphs (ii) and (iii) of this subdivision is
legally competent.
(A) Notice of the proposed action need not be given to any
person who consents in writing to the proposed action. The consent
may be executed at any time before or after the proposed action is
taken.
(B) The notice of the proposed action shall state that it is
given pursuant to this section and shall state all of the following:
(i) The name and mailing address of the trustee;
(ii) The name and telephone number of a person who may be
contacted for additional information;
(iii) A description of the action proposed to be taken and an
explanation of the reasons for the action;
(iv) The time within which objections to the proposed action
can be made, which shall be at least thirty days from the mailing
of the notice of proposed action; and
(v) The date on or after which the proposed action may be taken
or is effective.
(C) A beneficiary may object to the proposed action by mailing
a written objection to the trustee at the address stated in the
notice of proposed action within the time period specified in the
notice of proposed action.
(D) A trustee is not liable to a beneficiary for an action
regarding a matter governed by this chapter if the trustee does not
receive a written objection to the proposed action from the
beneficiary within the applicable period and the other requirements
of this section are satisfied. If no beneficiary entitled to notice
objects under this section, the trustee is not liable to any current
or future beneficiary with respect to the proposed action.
(c) If there is no trustee of the trust other than an
interested trustee, the interested trustee or, where two or more
persons are acting as trustee and are interested trustees, a
majority of such interested trustees may, in its sole discretion and
without judicial approval: (i) Convert an income trust to a total
return unitrust; (ii) reconvert a total return unitrust to an income
trust; or (iii) change the percentage used to calculate the unitrust
amount or the method used to determine the fair market value of the trust if:
(1) The trustee adopts a written policy for the trust
providing: (i) In the case of a trust being administered as an
income trust, that future distributions from the trust will be
unitrust amounts rather than net income; (ii) in the case of a trust
being administered as a total return unitrust, that future
distributions from the trust will be net income rather than unitrust
amounts; or (iii) that the percentage used to calculate the unitrust
amount or the method used to determine the fair market value of the
trust will be changed as stated in the policy;
(2) The trustee appoints a disinterested person who, in its
sole discretion but acting in a fiduciary capacity, determines for
the trustee: (i) The percentage to be used to calculate the
unitrust amount; (ii) the method to be used in determining the fair
market value of the trust; and (iii) which assets, if any, are to
be excluded in determining the unitrust amount;
(3) The trustee sends written notice of its intention to take
such action, along with copies of such written policy and this
section, to: (i) The grantor of the trust, if living; (ii) all
living persons who are currently receiving or eligible to receive
distributions of income of the trust; (iii) all living persons who
would receive principal of the trust if the trust were to terminate
at the time of the giving of such notice, without regard to the
exercise of any power of appointment, or, if the trust does not provide for its termination, all living persons who would receive
or be eligible to receive distributions of income or principal of
the trust if the persons identified in clause (ii) of subdivision
(2) of this section were deceased; and (iv) all persons acting as
advisor or protector of the trust; and at least one person receiving
notice under each of paragraphs (ii) and (iii), subdivision (2) of
this subsection is legally competent.
(A) Notice of the proposed action need not be given to any
person who consents in writing to the proposed action. The consent
may be executed at any time before or after the proposed action is
taken.
(B) The notice of the proposed action shall state that it is
given pursuant to this section and shall state all of the following:
(i) The name and mailing address of the trustee;
(ii) The name and telephone number of a person who may be
contacted for additional information;
(iii) A description of the action proposed to be taken and an
explanation of the reasons for the action;
(iv) The time within which objections to the proposed action
can be made, which shall be at least thirty days from the mailing
of the notice of proposed action; and
(v) The date on or after which the proposed action may be taken
or is effective.
(C) A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address stated in the
notice of proposed action within the time period specified in the
notice of proposed action.
(D) A trustee is not liable to a beneficiary for an action
regarding a matter governed by this chapter if the trustee does not
receive a written objection to the proposed action from the
beneficiary within the applicable period and the other requirements
of this section are satisfied. If no beneficiary entitled to notice
objects under this section, the trustee is not liable to any current
or future beneficiary with respect to the proposed action.
(d) If any trustee desires to convert an income trust to a
total return unitrust, reconvert a total return unitrust to an
income trust or change the percentage used to calculate the unitrust
amount or the method used to determine the fair market value of the
trust but does not have the ability to or elects not to do it under
the provisions of subsections (b) or (c) of this section, the
trustee may petition the circuit court of the county in which the
trustee or beneficiary resides, or if the trustee is a corporate
trustee and there is no resident beneficiary, the circuit court of
the county where the trust account is administered, for such order
as the trustee deems appropriate. In the event, however, there is
only one trustee of the trust and the trustee is an interested
trustee or in the event there are two or more trustees of the trust
and a majority of them are interested trustees, the court, in its own discretion or on the petition of such trustee or trustees or any
person interested in the trust, may appoint a disinterested person
who, acting in a fiduciary capacity, shall present such information
to the court as shall be necessary to enable the court to make its
determinations hereunder.
(e) The fair market value of the trust shall be determined at
least annually, using a valuation date or dates or averages of
valuation dates as are deemed appropriate. Assets for which a fair
market value cannot be readily ascertained shall be valued using the
valuation methods as are deemed reasonable and appropriate. Such
Assets may be excluded from valuation, provided all income received
with respect to the assets is distributed to the extent
distributable in accordance with the terms of the governing
instrument.
(f) The percentage to be used in determining the unitrust
amount shall be a reasonable current return from the trust, in any
event no less than three percent nor more than five percent, taking
into account the intentions of the grantor of the trust as expressed
in the governing instrument, the needs of the beneficiaries, general
economic conditions, projected current earnings and appreciation for
the trust and projected inflation and its impact on the trust.
(g) Following the conversion of an income trust to a total
return unitrust, the trustee:
(1) Shall consider the unitrust amount as paid from net accounting income determined as if the trust were not a unitrust;
(2) Shall then consider the unitrust amount as paid from
ordinary income not allocable to net accounting income;
(3) After calculating the trust's capital gain net income
described in Internal Revenue Code §1222(9), 26 U. S. C. §1222(9),
may consider the unitrust amount as paid from net short-term capital
gain described in Internal Revenue Code §1222(5), 26 U. S. C.
§1222(5) and then from net long-term capital gain described in
Internal Revenue Code §1222(7), 26 U. S. C. §1222(7); and
(4) Shall then consider the unitrust amount as coming from the
principal of the trust.
(h) In administering a total return unitrust, the trustee may,
in its sole discretion but subject to the provisions of the
governing instrument, determine: (i) The effective date of the
conversion; (ii) the timing of distributions, including provisions
for prorating a distribution for a short year in which a
beneficiary's right to payments commences or ceases; (iii) whether
distributions are to be made in cash or in kind or partly in cash
and partly in kind; (iv) if the trust is reconverted to an income
trust, the effective date of such reconversion; and (v) such other
administrative matters as may be necessary or appropriate to carry
out the purposes of this section.
(i) In the case of a trust for which a marital deduction has
been taken for federal tax purposes under Internal Revenue Code §2056 or §2523, 26 U. S. C. §2056 or §2523, the spouse otherwise
entitled to receive the net income of the trust shall have the
right, by written instrument delivered to the trustee, to compel the
reconversion during his or her lifetime of the trust from a total
return unitrust to an income trust, notwithstanding anything in this
section to the contrary.
(j) Conversion to a total return unitrust under the provisions
of this section shall not affect any other provision of the
governing instrument, if any, regarding distributions of principal.
(k) This section shall be construed as pertaining to the
administration of a trust and shall be available to any trust that
is administered under West Virginia law unless:
(1) The governing instrument reflects an intention that the
current beneficiary or beneficiaries are to receive an amount other
than a reasonable current return from the trust;
(2) The trust is a trust described in Internal Revenue Code
§170(f)(2)(B) or Internal Revenue Code §664 (d); or
(3) The governing instrument expressly prohibits use of this
section by specific reference to this section or expressly reflects
the grantor's intent that net income not be calculated as a unitrust
amount.
(l) Any trustee or disinterested person who in good faith takes
or fails to take any action under this section shall not he liable
to any person affected by the action or inaction, regardless of whether such person received written notice as provided in this
section and regardless of whether the person was under a legal
disability at the time of the delivery of the notice. The person's
exclusive remedy shall be to obtain an order of the court directing
the trustee to convert an income trust to a total return unitrust,
to reconvert from a total return unitrust to an income trust or to
change the percentage used to calculate the unitrust amount.
(m) The following provisions shall apply to a trust that, by
its governing instrument, requires or permits the distribution, at
least annually, of a unitrust amount equal to a fixed percentage of
not less than three nor more than five percent per year of the fair
market value of the trust's assets, valued at least annually, the
trust to be referred to in this section as an "express total return
unitrust".
(1) The unitrust amount for an express total return unitrust
may be determined by reference to the fair market value of the
trust's assets in one year or more than one year.
(2) Distribution of a fixed percentage unitrust amount is
considered a distribution of all of the income of the express total
return unitrust.
(3) An express total return unitrust may or may not provide a
mechanism for changing the unitrust percentage similar to the
mechanism provided under this section, based upon the factors noted
therein, and may or may not provide for a conversion from a unitrust to an income trust and/or a reconversion of an income trust to a
unitrust similar to the mechanism under this section.
(4) If an express total return unitrust does not specifically
or by reference to this section deny a power to change the unitrust
percentage or to convert to an income trust, then the trustee shall
have such power.
(5) The distribution of a fixed percentage of not less than
three percent nor more than five percent reasonably apportions the
total return of an express total return unitrust.
(6) The trust instrument may grant discretion to the trustee
to adopt a consistent practice of treating capital gains as part of
the unitrust distribution, to the extent that the unitrust
distribution exceeds the net accounting income, or it may specify
the ordering of such classes of income.
(7) Unless the terms of the trust specifically provide
otherwise, a distribution of the unitrust amount from an express
total return unitrust shall be considered to have been made from the
following sources in order of priority:
(A) From net accounting income determined as if the trust were
not a unitrust;
(B) From ordinary income not allocable to net accounting
income;
(C) After calculating the trust's capital gain net income as
described in Internal Revenue Code 26 U. S. C. §1, et seq. §1222(9), 26 U. S. C. §1222(9), from net realized short-term capital gain as
described in Internal Revenue Code §1222(5), 26 U. S. C. § 1222(5)
and then from net realized long-term capital gain described in
Internal Revenue Code §1222(7), 26 U. S. C. §1222(7); and
(D) From the principal of the trust.
(8) The trust instrument may provide that:
(A) Assets for which a fair market value cannot be readily
ascertained shall be valued using such valuation methods as are
deemed reasonable and appropriate; and
(B) Assets used by a trust beneficiary, such as a residence
property or tangible personal property, may be excluded from the net
fair market value for computing the unitrust amount.
The bill (Eng. H. B. No. 3272), as amended, was then ordered
to third reading.
The end of today's second reading calendar having been reached,
the Senate returned to the consideration of
House Concurrent Resolution No. 48, Requesting the Joint
Committee on Government and Finance to study sustainable funding
methods to conserve land important to West Virginia's natural
resources and economy.
On unfinished business, coming up in deferred order, was again
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Action as to House Concurrent Resolution No. 48 having been
concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill No. 2945, Providing for tax
credits for apprenticeship training in construction trades.
Having been read a third time in earlier proceedings today, and
now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2945 pass?"
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. 2945) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for House Bill No. 2945 having been concluded, the Senate proceeded to the
consideration of
Eng. Com. Sub. for House Bill No. 2181, Requiring that annual
reports be recorded on CD-Rom for distribution.
On second reading, coming up in deferred order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL
BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING
COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-23. Annual reports to be sent to the legislative librarian.
(a) Any office, agency, commission or board required by any
section of this code to provide an annual report to the Legislature,
Legislative Manager, Legislative Auditor, the President of the
Senate and the Speaker of the House of Delegates or the Joint
Committee on Government and Finance shall submit the report to the
Legislative Librarian and may submit it on electronic media to be
filed in the same manner as a printed annual report, or transmitted
electronically via the internet. Any report filed in an electronic format shall be considered as having satisfied the filing
requirements.
(b) If an office, agency, commission or board submits its
annual report electronically, it shall transmit an electronic copy
to the Legislative Manager.
(c) All audit reports shall be submitted to the Legislative
Manager and may be submitted on electronic media or transmitted
electronically via the internet.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 1. THE GOVERNOR.
§5-1-20. Reports to the Governor; form and contents; transmission
to the Legislature; special reports.
(a) The subordinate officers secretaries of the executive
department and the officers of all public institutions of the state
shall make an annual report to the Governor as soon as possible
after the close of each fiscal year, notwithstanding any other
provision of law to the contrary.
(b) All state officers, boards, commissions, departments and
institutions required by law to make reports to the Governor, the
Legislature or any administrative board or state official shall
cover fiscal year periods. and such
(c) Annual reports shall be submitted in typewritten form, or
any legible form produced by mechanical means, on electronic media,
to be filed in the same manner as a printed annual report, or
transmitted electronically via the internet. Any annual report
filed in an electronic format shall be considered as having
satisfied the filing requirements.
(d) The Governor shall by executive order prescribe the general
contents of the reports to be submitted to him or her. The form and
format of the reports shall be as prescribed in section
twenty-eight, article three, chapter five-a of this code.
(e) The Governor shall transmit, and may electronically, copies
of the report to the Legislature and lodge provide a copy of all
such reports with the Department Division of Archives and History
where the same reports shall be kept as permanent records.
(f) All annual reports to the Legislature shall be submitted,
and may electronically, to the Legislative Librarian.
(g) The Governor may at any time require information in
writing, under oath, from any officer, board, department or
commission of the executive department or the principal officer or
manager of any state institution, upon any subject relating to the
condition, management and expense of their respective offices or
institutions.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-17. Annual reports.
(a) A licensing board, organized under the provisions of this
chapter, may submit its annual report on electronic media to be
filed in the same manner as a printed annual report, or transmitted
electronically via the internet. Any report filed in an electronic
format shall be considered as having satisfied the filing
requirements.
(b) If a board chooses to submit its annual report
electronically, it shall transmit an electronic copy to the
Legislative Manager.
On motion of Senator Bowman, the following amendments to the
Government Organization committee amendment to the bill (Eng. Com.
Sub. for H. B. No. 2181) were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section twenty, line five, after the word "may"
by inserting the words "do so";
And,
On page three, section twenty, line ten, after the word "may"
by inserting the words "do so".
The question now being on the adoption of the Government
Organization committee amendment to the bill, as amended, the same
was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2181), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2181) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2181) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendment, 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 Com. Sub. for Senate Bill No. 67, Relating
to school access safety generally.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Craig, Ennis and Tansill.
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 Green, 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
that that body had refused to recede from its amendment, 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. Senate Bill No. 438, Relating to Investment Management
Board.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Manchin, Klempa and Walters.
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 Foster, McCabe 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
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of five from
each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 541, Relating
to public school finance.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates M. Poling, Campbell, 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 Plymale, Edgell, Bailey, Wells and Boley.
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
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2051, Including lasers as a
method of proving the speed of vehicles.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators White, Green and Hall.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for ten
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
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. 178, Allowing counties to
increase hotel occupancy tax.
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 three, section two, lines nineteen through twenty-two,
by striking out the words "not more than six percent of the
consideration paid for the use or occupancy of a hotel room:
Provided, however," and inserting in lieu thereof the words "three
percent of the consideration paid for the use or occupancy of a
hotel room: Provided, however, That after the thirtieth day of
June, two thousand seven, the county is authorized to continue to
impose and collect the tax authorized by this article at the rate
of not more than six percent of the consideration paid for the use
or occupancy of a hotel room: Provided, further, That prior to any
increase in the rate of tax, the county shall comply with the
requirements of subsection (c) of this section: And provided
further,";
On page eleven, section fourteen, line one hundred twenty-
eight, by striking out the word "or";
On page twelve, section fourteen, line one hundred fifty-two,
after the word "exist" by changing the period to a semicolon and
inserting the following: or
(10) By participating counties, as defined in section two,
article fourteen, chapter twenty of this code, the county
commissions of which may appoint members to the Hatfield-McCoy
recreational authority, for the support of the Hatfield-McCoy
recreational authority, its purposes and operations.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 178--A Bill to amend and
reenact §7-18-2 and §7-18-14 of the Code of West Virginia, 1931, as
amended, all relating to hotel occupancy tax; allowing counties to
increase the hotel occupancy tax to not more than six percent;
requiring public hearing prior to enacting increase; and including
incentives for passenger air service within the state, emergency
services in certain areas, and the support of the Hatfield-McCoy
recreational authority, its purposes and operations by participating
counties as permissible expenditures of the proceeds from the hotel
occupancy tax.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 178) 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.
The Senate again proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 35, Urging Congress
reauthorize State Health Insurance Program.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 36, Requesting Division of
Highways name bridge at Right Fork of Gilbert Creek, Mingo County,
"Wilburn and Effie Cline Memorial Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 36 (originating
in the Committee on Transportation and Infrastructure)--
Requesting
the Division of Highways name bridge number 30-13/2-0.02 (5935)at
the Right Hand Fork of Gilbert Creek, Mingo County the "Wilburn and
Effie Cline Memorial Bridge".
Whereas, Wilburn and Effie Cline were lifelong residents of
Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for
local residents; and
Whereas, Wilburn and Effie Cline owned and operated a country
store in Gilbert most of their adult lives; and
Whereas, Wilburn and Effie Cline donated to the State of West
Virginia the land needed to build the bridge at Right Hand Fork of
Gilbert Creek; and
Whereas, It is fitting that this bridge be named for Wilburn
and Effie Cline who represented the best qualities of citizens in
this state by their industry, citizenship and dedication to meeting
the needs of friends, neighbors and patrons at their country store;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 30-13/2-0.02 (5935) at the Right Hand Fork of
Gilbert Creek, Mingo County, the "Wilburn and Effie Cline Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "Wilburn and Effie
Cline Memorial 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.
Senate Concurrent Resolution No. 39, Requesting Division of
Highways name Gilbert Creek bridge at U. S. Route 52, Mingo County,
"Elmer and May Cline Memorial Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 39 (originating
in the Committee on Transportation and Infrastructure)--
Requesting
the Division of Highways name the Gilbert Creek bridge number 30-13-
0.01 (3590) on Route 13 in Mingo County the "Elmer and May Cline
Memorial Bridge".
Whereas, Elmer and May Cline were lifelong residents of
Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for
local residents; and
Whereas, Elmer and May Cline owned and operated a country store
in Gilbert most of their adult lives; and
Whereas, Elmer and May Cline were revered by the community for
their integrity and the contributions they made to the vitality of the town of Gilbert; and
Whereas, It is fitting that this bridge be named for Elmer and
May Cline who represented the best qualities of citizens in this
state by their industry, citizenship and dedication to meeting the
needs of friends, neighbors and patrons at their country store;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the Gilbert Creek bridge number 30-13-0.01 (3590) on Route
13 in Mingo County the "Elmer and May Cline Memorial Bridge"
; and,
be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "Elmer and May Cline
Memorial 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.
Senate Concurrent Resolution No. 44, Requesting Division of
Highways name bridge on Route 20, in Webster Springs, Webster
County, "Kenny Ray Hamrick Memorial Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 44 (originating
in the Committee on Transportation and Infrastructure)--
Requesting the Division of Highways name the bridge number 51-20-20.27 (4114)
on Route 20 in Webster Springs, Webster County, the "Kenny Ray
Hamrick Memorial Bridge".
Whereas, Kenny Ray Hamrick, a life-long resident of Webster
Springs, operated several successful businesses, including Hamrick's
Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and
courageously in World War II, earning two purple hearts and two
bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable
citizen of Webster Springs, frequently offering people who were down
on their luck free meals at his restaurant while extending them
credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray
Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 51-20-20.27 (4114) on Route 20 in Webster
Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Kenny Ray Hamrick Memorial 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 Kenny Ray Hamrick's son, Kevin
R. Hamrick.
And,
Senate Concurrent Resolution No. 70, Requesting Division of
Highways name bridge in Martinsburg, Berkeley County, "C. Vincent
Townsend, Sr., Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 70,(originating
in the Committee on Transportation and Infrastructure)--
Requesting
the Division of Highways name bridge number 02-13-1.56 (4913) in
Martinsburg, Berkeley County, the "Dr. 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 "Dr. 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 "Dr. 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.
With the recommendation that the four committee substitutes be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, Committee Substitute for Senate Concurrent Resolution No.
36 contained in the preceding report from the Committee on
Transportation and Infrastructure
was taken up for immediate
consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, Committee Substitute for Senate Concurrent Resolution No.
39 contained in the preceding report from the Committee on
Transportation and Infrastructure
was taken up for immediate
consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, Committee Substitute for Senate Concurrent Resolution No. 44 contained in the preceding report from the Committee on
Transportation and Infrastructure
was taken up for immediate
consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted, Committee Substitute for Senate Concurrent Resolution No.
70 contained in the preceding report from the Committee on
Transportation and Infrastructure
was taken up for immediate
consideration.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 40, Requesting Joint Committee
on Government and Finance study elimination of wireless coverage
"dead spots".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 45, Requesting Joint Committee
on Government and Finance reconstitute Select Committee A on
Children, Juveniles and Other Matters.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 53, Requesting Joint Committee
on Government and Finance study program for veterans' careers in construction project scheduling.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended; but under the original double committee
reference first be referred to the Committee on Rules.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules, with an amendment from
the Committee on Military pending.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 57, Requesting Joint Committee
on Government and Finance study intrastate natural and methane gas
pipeline capacity.
Senate Concurrent Resolution No. 58, Requesting the Joint
Committee on Government and Finance study methods to encourage
PROMISE scholarship recipients to remain in West Virginia.
And,
Senate Concurrent Resolution No. 71, Requesting Joint Committee
on Government and Finance study taxation and valuation of managed
timberland.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 62, Requesting Division of
Highways name bridge in Berkeley County "Allensville Memorial
Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 65, Requesting Joint Committee
on Government and Finance study developing tourism attractions in
less-developed counties.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 66, Requesting Joint Committee
on Government and Finance study veterans' mental health, alcohol and
substance abuse issues.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The resolution, under the original double committee reference,
was then 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. 80 (originating in the
Committee on Education)--Requesting the Joint Committee on
Government and Finance study the cost and benefits of requiring
daily physical education classes for students in grades kindergarten
through 12.
Whereas, Seven of 10 West Virginians will die of heart disease,
cancer or stroke; and
Whereas, 28 percent of West Virginia fifth graders screened by
CARDIAC had one or more cardiovascular risk factors; and
Whereas, One of three children entering kindergarten will
develop type II diabetes in their lifetime; and
Whereas, 68.3 percent of high school students do not attend
physical education classes daily; and
Whereas, 36.3 percent of high school students do not
participate in vigorous physical activity three or more days during
the week; and
Whereas, 14.5 percent of high school students self-report being
overweight; and
Whereas, 77.9 percent of high school students do not eat five
or more fruits and vegetables per day; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the cost and the benefits of requiring daily physical education classes for students in grades kindergarten
through 12; 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; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the resolution (S. C. R. No. 80) contained in the preceding
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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 81 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance study expansion of the scope of
practice of advanced nurse practitioners, nurse midwives and
physician assistants.
Whereas, The rural nature of West Virginia often leaves areas
of the state without sufficient health care available through a
physician or osteopath; and
Whereas, Delivery of health care for primary care services is
a critical need in meeting the demand for family medicine,
pediatrics, general internal medicine, obstetrics and gynecology;
and
Whereas, Significant gaps in the effective delivery of these
health care services have created an urgency in finding solutions
to creating greater access to these types of medical services; and
Whereas, Advanced nurse practitioners, nurse midwives and
physician assistants have a demonstrated ability to provide care to
many underserved groups, including women, children and the elderly;
and
Whereas, Expanding the scope of practice for advanced nurse
practitioners, nurse midwives and physician assistants will offer greater access and provide necessary health care to individual,
families and groups to promote greater health and disease
prevention; and
Whereas, Expanding prescriptive authority of advanced nurse
practitioners, nurse midwives and physician assistants, as well as
other areas of their practice, will increase needed access to
primary care in response to the rural nature of our state and the
increasing shortage of primary care physicians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the expansion of the scope of practice of advance
nurse practitioners, nurse midwives and physician assistants; 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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution (S. C. R. No. 81) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration.
On motion of Senator Prezioso, the resolution was referred to
the Committee on Rules.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 82 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance appoint a select interim
committee to study health care reform options.
Whereas, West Virginia citizens engage in some of the
unhealthiest lifestyles in the United States. For example, in 1990,
the West Virginia rate of adult obesity was 15 percent, compared
with a national rate of 11.6 percent. By 2000, the state rate was
23.2 percent, compared with a national rate of 20.1 percent.
Obesity is a known risk factor for heart disease, diabetes,
hypertension, gallbladder disease, osteoarthritis, sleep apnea and other breathing problems and some cancers, including uterine,
breast, colorectal, kidney and gallbladder; and
Whereas, West Virginia has one of the highest rates of tobacco
use in the United States with 27.3 percent of West Virginians
smoking and 7.7 percent using smokeless tobacco; and
Whereas, West Virginia ranks first in the United States in
prevalence of hypertension with more than a third of adults
diagnosed with high blood pressure; and
Whereas, Fewer than two in 10 West Virginians consume the
recommended five servings of fruits and vegetables per day; and
Whereas, West Virginia ranks first in the United States in the
prevalence of arthritis at 37.2 percent of the population; and
Whereas, The medical rate of inflation exceeds growth in wages
and exceeds the overall rate of inflation; and
Whereas, The high cost of health care has forced employers,
particularly small employers, to drop health insurance coverage for
their employees; and
Whereas, West Virginia has one of the highest percentages of
citizens who are uninsured, with 322,000 West Virginians uninsured
in 2005, which is an increase of 11 percent over the previous year;
and
Whereas, The American College of Physicians has determined that
"uninsured Americans tend to be sicker and die earlier than
privately insured Americans" and the Institute of Medicine has concluded that 18,000 uninsured Americans die prematurely each year;
and
Whereas, The uninsured delay seeking treatment, have their
illness diagnosed at a more advanced staged and are frequently
treated in the most expensive settings possible, i.e., emergency
rooms and hospitals; and
Whereas, West Virginia hospitals in 2005 provided slightly more
than half a billion dollars in uncompensated health care, increasing
the cost of health care to privately insured West Virginians; and
Whereas, State insurance programs may not pay the cost of
health care provided to their insured by physicians and hospitals,
further increasing the cost of health care to privately insured West
Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint a select interim committee to study health care
reform options; and, be it
Further Resolved, That the study should include measures to
improve the health status of West Virginians, measures to reduce the
cost of health care and options for extending health care insurance
coverage to uninsured West Virginians; and, be it
Further Resolved, That the Select Committee on Health Care
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution (S. C. R. No. 82) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration.
On motion of Senator Prezioso, the resolution was referred to
the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2348, Prohibiting the seizure
of lawfully carried firearms during a proclaimed state of emergency.
And reports the same back with the recommendation that it do
pass.
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. 2348) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
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.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2348) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2348) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. Com. Sub. for House Bill No. 2390, Relating to the
definition of domestic animals and livestock.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Larry J. Edgell,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing
report from the Committee on Agriculture.
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. 2436, Modifying the Nurse
Overtime and Patient Safety Act.
With amendments from the Committee on the Judiciary pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 7, 2007;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2436) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported Judiciary
committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.
§21-5F-3. Hospital nursing overtime limitations and requirements.
(a) Except as provided in subsections (b), (c), (d), (e) and
(f) of this section, a hospital is prohibited from mandating a
nurse, directly or though coercion, to accept an assignment of
overtime and is prohibited from taking action against a nurse solely
on the grounds that the nurse refuses to accept an assignment of
overtime at the facility if the nurse declines to work additional
hours because doing so may, in the nurse's judgment, jeopardize
patient or employee safety.
(b) Notwithstanding subsections (a) and (g), inclusive, of this
section, a nurse may be scheduled for duty or mandated to continue
on duty in overtime status in an unforeseen emergent situation that
jeopardizes patient safety.
(c) Subsections (a) and (g), inclusive, of this section do not
apply when a nurse may be required to fulfill prescheduled on-call
time, but nothing in this article shall be construed to permit an
employer to use on-call time as a substitute for mandatory overtime.
(d) Notwithstanding subsections (a) and (g) of this section,
a nurse may be required to work overtime to complete a single
patient care procedure already in progress, but nothing in this article shall be construed to permit an employer to use a staffing
pattern as a means to require a nurse to complete a procedure as a
substitute for mandatory overtime.
(e) Subsection (a) of this section does not apply when a
collective bargaining agreement is in place between nurses and the
hospital which is intended to substitute for the provisions of this
article by incorporating a procedure for the hospital to require
overtime.
(f) Subsection (a) of this section does not apply to voluntary
overtime.
(g) In the interest of patient safety, any nurse who works
twelve or more consecutive hours, as permitted by this section,
shall be allowed at least eight consecutive hours of off-duty time
immediately following the completion of the shift. Except as
provided in subsections (b), (c) and (d) of this section, no nurse
shall work more than sixteen hours in a 24-hour period. The nurse
is responsible for informing the employer hospital of other
employment experience during the 24-hour period in question if this
provision is to be invoked. To the extent that an on-call nurse has
actually worked sixteen hours in a hospital, efforts shall be made
by the hospital to find a replacement nurse to work.
Each hospital shall designate an anonymous process for patients
and nurses to make staffing complaints related to patient safety.
(h) Each hospital shall post, in one or more conspicuous place or places where notices to employee nurses are customarily posted,
a notice in a form approved by the commissioner setting forth a
nurse's rights under this article.
§21-5F-4. Enforcement; offenses and penalties.
(a) Pursuant to the powers set forth in article one of this
chapter, the Commissioner of Labor is charged with the enforcement
of this article. The commissioner shall propose legislative and
procedural rules in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish procedures for
enforcement of this article. These rules shall include, but are not
limited to, provisions to protect due process requirements, a
hearings procedure and, an appeals procedure and a notification
procedure, including any signs that must be posted by the facility.
(b) Any complaint must be filed with the commissioner of labor
regarding an alleged violation of the provisions of this article
must be made within thirty days following the occurrence of the
incident giving rise to the alleged violation. Notification of the
alleged violation must be forwarded to the hospital in question
within three business days of filing. The commissioner shall keep
each complaint anonymous until the commissioner finds that the
complaint has merit. The commissioner shall establish a process for
notifying a hospital of a complaint.
(c) The administrative penalty for the first violation of this
article shall be is a reprimand.
(d) The administrative penalty for the second offense of this
article shall be is a reprimand and a fine not to exceed five
hundred dollars.
(e) The administrative penalty for the third and subsequent
offenses shall have is a fine of not less than two thousand five
hundred dollars and not more than five thousand dollars for each
violation.
(f) To be eligible to be charged of a second offense or third
offense under this section, the subsequent offense must occur within
twelve months of the prior offense.
(g)(1) All moneys paid as administrative penalties pursuant to
this section shall be deposited into the Health Care Cost Review
Fund provided by section eight, article twenty-nine-b, chapter
sixteen of this code.
(2) In addition to other purposes for which funds may be
expended from the Health Care Cost Review Fund, the West Virginia
Health Care Authority shall expend moneys from the fund, in amounts
up to but not exceeding amounts received pursuant to subdivision (1)
of this subsection, for the following activities in the State of
West Virginia this state:
(A) Establishment of scholarships in medical schools;
(B) Establishment of scholarships for nurses training;
(C) Establishment of scholarships in the public health field;
(D) Grants to finance research in the field of drug addiction and development of cures therefor;
(E) Grants to public institutions devoted to the care and
treatment of narcotic addicts; and
(F) Grants for public health research, education and care.
The bill (Eng. Com. Sub. for H. B. No. 2436), as amended, was
then ordered to third reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2698, Authorizing the board
of barbers and cosmetologists to increase fees for one year.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2698) 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. 2796, Reducing federal
adjusted gross income for contributions to public institutions of
higher education.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2796) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 2831, Relating to transfer of development rights; eliminating the five year ordinance waiting period.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 2831) was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
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.
The bill (Eng. H. B. No. 2831) was then read a second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
§7-1-3mm. Transfer of development rights in growth counties.
(a) In addition to all other powers and duties now conferred
by law upon county commissions, if a county has been designated as
a growth county as that term is defined in section three, article
twenty chapter seven of this code chapter, those county commissions,
upon approval by a majority of the legal votes cast at an election
as provided in section three-nn of this article, are hereby
authorized to, as part of a county-wide zoning ordinance, which has
been in effect for a minimum of five years, establish a program for
the transfer of development rights in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the historic, scenic, recreational and agricultural
qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may
provide for:
(1) The voluntary transfer of the development rights permitted on any parcel of land to another parcel of land for use in
accordance with the zoning and subdivision ordinance;
(2) Restricting or prohibiting further development of the
parcel from which development rights are severed; and
(3) Increasing the density or intensity of development of the
parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate a universal program for which development rights
may be transferred from any parcel of land to any other parcel of
land for use in accordance with the zoning and subdivision
ordinance;
(2) Provide that any rights transferred under this section be
for a period of ten years and may be renewed for additional ten year
periods; and
(3) Any rights purchased, but not which expire before being
used for development, revert to the original owner after ten years
parcel of land from which the rights were first severed.
(d) The county commission may not set a price for any
development rights that are proposed to be transferred or received.
(e) "Transferable development rights" means an interest in real
property that constitutes the right to develop and use property
under the zoning ordinance which is made severable from the parcel
to which the interest is appurtenant and transferable to another
parcel of land for development and use in accordance with the zoning ordinance.
(f) Transferable development rights may be transferred by deed
from the owner of the parcel from which the development rights are
derived and upon the transfer shall vest in the grantee and be
freely alienable.
(g) The zoning ordinance may provide for:
(1) The method of transfer of these development rights; and may
provide for
(2) Recordation of the date of each transfer;
(3) The names of the transferor and transferee;
(4) A description of the property;
(5) The granting of easements; and
(6) Reasonable regulations to effect and control transfers and
assure compliance with the provisions of the ordinance; and
(7) Any other information necessary to administer the program.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2831) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, 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. 2831) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2986, Providing advance
notice to the public regarding the pending closure of certain public
or private health care facilities or hospitals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2986) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 22, Designating the River City
Youth Ballet Ensemble as the Official West Virginia State Youth
Ballet.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the resolution (H. C. R. No. 22) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration.
On motion of Senator Bowman, the resolution was referred to the
Committee on Rules.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
House Concurrent Resolution No. 40, Requesting the
establishment of a Children's Services Redesign Group.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted
the following report, which was received:
Your Committee on the Judiciary has had under consideration
House Concurrent Resolution No. 66, Requesting the Joint
Committee on Government and Finance to study the cost efficiency and
effectiveness of employers, self insured for purposes of workers'
compensation coverage, who self administer claims.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
House Concurrent Resolution No. 86, Requesting the Joint
Committee on Government and Finance to conduct a study of the
criminal laws and administrative procedures relating to drunk and
drugged driving on the roadways of our state.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended; but under the original double committee
reference first be referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2955, Continuing a flat-rate
excise tax on motor fuel at $.205.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Helmick, Edgell and Guills.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the sixth order of business,
which agenda includes the making of main motions.
On motion of Senator Minard, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2940, Increasing the age of
dependents for health insurance coverage.
Passed by the Senate on yesterday, Thursday, March 8, 2007,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to title amendment and passage.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the Senate reconsidered is action
by which on yesterday, March 8, 2007, it adopted the Banking and
Insurance committee amendment to the bill, as amended (shown in the
Senate Journal of that day, pages 127 through 137, inclusive).
The vote thereon having been reconsidered,
On further motion of Senator Chafin, the Senate reconsidered the vote by which on yesterday, March 8, 2007, it adopted the
Finance committee amendment to the Judiciary committee amendment to
the bill (shown in the Senate Journal of that day, page 137).
The vote thereon having been reconsidered,
The question being on the adoption of the Finance committee
amendment to the Banking and Insurance committee amendment to the
bill.
Thereafter, at the request of Senator Helmick, as chair of the
Committee on Finance, and by unanimous consent, the Finance
committee amendment to the Banking and Insurance committee amendment
to the bill was withdrawn.
The question now being on the adoption of the Banking and
Insurance committee amendment to the bill (shown in the Senate
Journal of yesterday, Thursday, March 8, 2007, pages 127 through
136, inclusive).
Following extended discussion,
On motion of Senator Chafin, further consideration of the bill
(Eng. Com. Sub for H. B. No. 2940) and the pending Banking and
Insurance committee amendment was made a special order of business
under unfinished business for Saturday, March 10, 2007.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Jenkins.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senator Jenkins were ordered printed in the
Appendix to the Journal.
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, Saturday, March 10, 2007, at 11 a.m.
____________